Sparks continue to fly over power cut

BY BRUCE HOLLOWAY

A Matangi farming couple want a judicial inquiry into the cause of the fire which cut power to 50,000 homes after transmission lines arced on to a shelter belt on their property in January.

Steve and Delia Meier's Auckland-based lawyer, Paul Cassin, believes the scrutiny will not only highlight Transpower negligence, but possibly also reveal the state-owned entity lacks legal rights even to convey electricity across property owned by others.

Either way Mr Cassin – who has decades of experience in the legalities of such matters – said there were basic issues to be addressed.

He is preparing proceedings for negligence and nuisance in the District Court, though he would also appeal for leave to take these actions to the High Court, given the public interest.

Mr Cassin said problems at the Otahuhu substation on the day of the fire – January 25 – meant two of Transpower's circuits were out of operation, forcing an excess load onto the 220kV Ota-Wkm C line which runs across the Meier's farm.

This, he said, made the wires too hot, and they expanded well beyond their usual sag, sparking the fire.

"Those tired old wires were at the limit of what they could carry in terms of kVA's (kilovolt-amperes, the measure of line's conductivity)," he said.

"Those poor old lines were red hot. They were trying to stuff everything they could down these poor old dogs and huge damage resulted."

However, Transpower spokeswoman Rebecca Wilson rejected that view, saying the Ota-WKM C was operating within capacity.

"The cause of the fire under our transmission lines in the Waikato in January is still not yet known," she said.

But Mr Cassin's overload theory, coupled with Transpower's failure to trim trees on the Meier's farm in early December – when neighbouring properties were maintained – raised significant questions.

"Can Transpower allow a line to become dangerous and walk away from any liability when such an event occurs?" Mr Cassin asked.

"Did Transpower do all it could to prevent that damage occurring?

"These are things New Zealanders need to know, while the Meiers need to share their problem with the community."

Mr Cassin said the language of the Electricity Act 1992 was difficult to understand.

"We have an act where they (Transpower) can own the plant and maintain it, but they lack any explicit power to convey electricity through it.

"The legislation is a dog's breakfast and a disgrace to our statute books," he said.

"It is inadequate in so many ways that it raises huge issues.

"To date Transpower has been able to hide behind poorly drafted legislation, but it is an omission which needs to be addressed by parliament. High voltage lines are dangerous installations, particularly if they aren't maintained."

Mr Cassin said even if it was shown the fire was caused by failure to trim foliage underneath the lines, the legal situation remained unclear.

"If the cause of the fire was a failure to trim, this didn't involve the `exercise of a power', but rather the failure to exercise a power."

Meanwhile, the Meiers have resisted Transpower efforts to construct concrete grillage foundations under steel legs of the aging pylons on their farm.

The tower structures need to be strengthened and have a better anchorage, but Mr Cassin said such work was outside the footprint of the existing line.

As such it was not covered by maintenance provisions, and technically such variance work undertaken amounted to trespass.

On the other hand, not upgrading raises significant safety issues.

"If they want that land, they need to acquire an easement," Mr Cassin said.

"We want a legal document registered against the title that gives everybody certainty, a land right that has been bought and paid for."

In the Meiers' case he envisaged this would be "a substantial six-figure sum".

Mr Cassin said about 30 per cent of Waikato land owners with pylons on their property had been "duped" into accepting "upgrades by stealth".

Many poles on the Ari-Ham transmission line had been replaced three metres higher and with wider cross-arms.

"They have palmed it off to landowners as maintenance work, but the legislation does not authorise extension of the (pylon) footprint," he said.

"They have no authority to expand by one iota, and it is an issue that has to come out."

That won't be happening on the Meier property, where the Meiers have taken digital imaging of existing poles and pylons and only allow "pole for pole and hole for hole".

Mr Meier said all he wanted was accountability. "And for landowners to be aware of how they have been taken advantage of."

The Meiers are also seeking about $50,000 compensation from Transpower for damage to palm trees in the wake of Transpower work after the fire.

Ms Wilson said Transpower had been working amicably with Mr Meier and Mr Cassin regarding access for future work on the property.

"Our relationship with our landowners is important to us, and any work or maintenance that needs to be undertaken on our assets is fully explained, discussed and negotiated directly with any landowner affected."

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