Fire Investigation Report RELEASE.pdf

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Table of contents
Table of contents .................................................................................................................................................. 2
Author’s brief ........................................................................................................................................................ 3
Executive summary .............................................................................................................................................. 4
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Terms of reference ................................................................................................................................................ 5
Description and use of building .......................................................................................................................... 6
Pre-incident events ............................................................................................................................................... 9
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Discovery of fire .................................................................................................................................................. 10
Fire and Emergency New Zealand response .................................................................................................... 11
Process of investigation ..................................................................................................................................... 14
Interviews
14
Scene Examination
14
Area and point of origin ...................................................................................................................................... 40
Area of Origin
40
Point of Origin
42
Conclusions ........................................................................................................................................................ 43
Supposed Cause
43
INFORMATION
Elimination of Other Possible Causes
43
Report approvals................................................................................................................................................. 44
Appendix 1: Witness Details [SENSITIVE DO NOT DELETE] .......................................................................... 45
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Author’s brief
My full name is Stuart Ian CRADOCK.

I am a Specialist Fire Investigator for Fire and Emergency New Zealand (Fire and Emergency).

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I have served with the New Zealand Fire Service, now Fire and Emergency, since 1978. I have been
responsible for determining the origin and cause of fires since 2003.

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I have completed the following training courses:
Fire Investigation 1 - 2001
Fire Investigation 2 - 2005

I have attained the following tertiary level qualification
Advanced Diploma in Public Safety (Fire Investigation), Canberra Institute of Technology - 2014

I have attained the following qualifications by examination:
NZ Fire Service - First Class Fireman 1984
NZ Fire Service - Senior Fireman 1989
NZ Fire Service - Station Officer 1999
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NZ Fire Service - Senior Station Officer 2004
NZ Fire Brigades Institute - Associate Member 1993
NZ Fire Brigades Institute – Member 1996
NZ Fire Brigades Institute – Fellow 2004
The Institution of Fire Engineers - Graduate 2016

I have the following memberships:
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Membership of the Institution of Fire Engineers

I was appointed as a Fire and Emergency New Zealand Inspector under Section 166 of the Fire and
Emergency New Zealand Act 2017 on 1 July 2017.
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As a Specialist Fire Investigator for Fire and Emergency I am required to respond to significant fires in
accordance with Operational Instructions with the principal objectives being to co-ordinate, supervise or
undertake investigations into major and serious fires, including fatal fires, by determining the point of origin
of a fire and from this establishing the cause of a fire.
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I have previously given testimony in Coroners Inquests and the District Court.

I have read the Code of Conduct for Expert Witnesses, Schedule 4 of the High Court Rules 2016, and
agree to abide with them.

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Executive summary
The Fire and Emergency Communications Centre received a 111-call advising the Trees Tavern, 1
Balmoral Drive, Tokoroa, was on fire at 1:51 a.m. on the morning of 19 November 2023.

Two fire appliances were dispatched from Tokoroa Fire Station. (Tokoroa 871 and 877).
1982

Witness 1, the OIC of the first arriving fire appliance, transmitted a K99 (Property fire - well involved) radio
message, and then a ‘transmit 3rd alarm’ radio message on their arrival at the scene to request further ACT
firefighting resources.

At 2:07 a.m., I was paged as the on-call Specialist Fire Investigator as a predetermined response for a third
alarm fire.

Based on the evidence available at the time of this investigation, the cause of this incident has been
recorded as undetermined, with three possible scenarios considered:

  Incendiary Fire

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  Carelessness with a cigarette
  Carelessness with a naked flame

There was no evidence present that indicated the fires had resulted from an electrical event.



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Terms of reference
Sponsor
Jeff Maunder – District Manager.
Incident background
1982
The Officer in Charge (OIC) of this incident considered the circumstances of the fire met the criteria
requiring the attendance of a Specialist Fire Investigator (SFI) as per National Commander’s Instruction P3.
The OIC made this request through the Fire and Emergency Communications Centre who summoned the
author of this report to attend the incident as an SFI.
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The reason for the attendance of a SFI was: Suspicious Fire.
Objectives
Determine the origin and cause of the fire through best practice analysis and investigative processes.
Scope

Focus on this incident specifically but consider historical data and information from this site and
other similar incidents, and other incident information that may have a bearing or contributed to the
outcome.
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
Analysis of the circumstances and factors, including the occupant(s) actions, building fire loading
and design, fire protection/suppression systems performance, circumstances of the fire, and result
of the fire.

Where evidence or suspicion of a deliberate fire start is discovered, the matter is to be referred to
the Police who will then have the responsibility for further investigation. The Police may request
that the Fire and Emergency SFI assist with the origin and cause determination.

Produce a completed report for the report sponsor outlining all relevant findings.
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Description and use of building
The Trees Tavern was located at the intersection of SH 1 and Balmoral Drive, Tokoroa, and had three
separate businesses within the building.

Trees Tavern
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The Tavern was on the north side of the building and included a gambling room, two bars, and a restaurant.

Legal Description
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Lot 1 DP 304450
Parcel ID
6552610

Club 865
The club was on the southeast end of the structure.

Black Bull Liquor outlet
Black Bull Liquor was on the north side of the Club 865.

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The Trees Tavern building was about 1538 sqm and was constructed on a concrete floor with timber
framing, multiple external walls, aluminium/timber joinery, and a long-run iron roof.

The internal wall linings and ceilings were a mixture of products.

Heating:
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The primary source was central heating.

Fire Protection:
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There was an old interconnected manual fire alarm throughout.

There was no automatic fire protection installed.

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Image 1: Trees Tavern. (Image courtesy of Police.)

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Image 2: Floor plan layout. Facing North.

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Image 3: Bar on West wall of Trees Tavern. (Image courtesy of Facebook.)

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Pre-incident events
The Trees Tavern lost its liquor license in about 2021. It was subsequently closed and placed on the
market.

The Trees Tavern was purchased in February 2022, and due to the difficulty of obtaining a liquor license to
1982
operate, the Tavern had yet to open. The Tavern was recently placed back on the market.

The weather at the time of the fire was overcast, with no signs of adverse weather or lighting strikes. ACT

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Discovery of fire
The Fire and Emergency Communications Centre received a 111-call advising that the Trees Tavern, 1
Balmoral Drive, Tokoroa, was on fire at 1:51 a.m. on November 19, 2023.


1982

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Fire and Emergency New Zealand response
Information sourced from Fire and Emergency Computer Aided Despatch Incident Report.

Incident Number
F3860442
1982
Call Type
Structure fire
Method call received
111 Telephone
Incident date
19 Nov 2023  ACT
Incident time
1:51:49 a.m.
1st Arrival
TOKO871
2:02:29 a.m.
2nd Arrival
TOKO877
2:03:50 a.m.

The Fire and Emergency Communications Centre received a 111-call advising that the Trees Tavern, 1
Balmoral Drive, Tokoroa, was on fire at 1:51 a.m. on November 19, 2023.

Two fire appliances were dispatched from Tokoroa Fire Station. (Tokoroa 871 and 877).

Witness 1, the OIC of the first arriving fire appliance, transmitted a K99 (Property fire - well involved) radio
INFORMATION
message and then a ‘transmit a 3rd alarm’ radio message on their arrival at the scene to request further
firefighting resources.

Witness 1 transmitted a situation report (SITREP) radio message "1 Derelict building 60 x 60m well
involved crews doing external offensive attack LPD (low pressure hose line) can you confirm that an aerial
is attached”.

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At 2:07 a.m., I was paged as the on-call Specialist Fire Investigator as a predetermined response for a 3rd
alarm fire.

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At 3:18 a.m., the priority message was sent "Transmit 4th alarm."

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Photo 1: Showing fire inside the southwest corner of the tavern on arrival of firefighters. (Photo courtesy of
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Police.)

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RELEASED Photo 2: Tress Tavern fully involved in fire (Photo courtesy of stuff.co.nz.)

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Process of investigation
Interviews
I interviewed witnesses during the post incident investigation and that information informs part of this report.
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Scene Examination

Exterior Preliminary Examination
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I commenced an exterior preliminary examination from the front (east) of the tavern facing SH1. The fire
inside the tavern was still evident and would take some time to extinguish. I noted that some of the doors
along the front of the tavern had been forced open by the firefighters.

I moved around to the northeast side of the tavern which was known as Club 865 and the fire within this
area was still intense and still developing.

The fire in the south side of the Club 865 and the rear storage was also still developing.

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Photo 3: Trees Tavern frontage facing SH 1 (East).

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Photo 4: Southeast side of tavern (Club 865).

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Photo 5: Southside of tavern. Rear of Club 865.

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SCENE EXAMINATION

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Northwest side of tavern

The scene examination commenced from the north side of the tavern which was facing Balmoral Drive.
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I examined the covered smoking area including the external aluminium sliding doors that open from the
tavern into the smoking area. There was no evidence of forced entry from the sliding doors along the north
wall and the sliding doors glass panes were still intact.

I moved to the northwest corner of the tavern adjacent the smoking area and noted a single damaged door
that opened into the kitchen area. Reviewing the damage, it appeared to have happened post fire which
was clarified as fire fighters forcing this door open on their arrival.

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Photo 7: North side of Tavern. (Photo courtesy of Police.)

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Photo 8: Single door forced opened by firefighters. Arrow depicting damaged door. (Photo courtesy of
Police.)

Northwest corner of tavern rear entrance

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I moved the rear entrance to the tavern which was accessed through a small passage in the southwest
corner. This entrance provided access to the rear of the tavern on the left, which was the east side of the
passage.
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The right side of the passage provided access through a set of doors into a large storage room. I noted that
the double doors to the storeroom were damaged and open during my examination.

At the end of the passage was a double set of doors that provided access to the refrigeration/generator
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room. The double doors to the refrigeration room were still locked and secure.

Witness 1 (OIC) confirmed that when they arrived at the fire, the doors off the passage were all secure and
locked.

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Photo 9: "A" Northwest corner of tavern rear entrance. (Photo courtesy of Police.)

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Photo 10: Internal passage to rear of tavern. "B" Entrance to kitchen. "C" Entrance door to inside rear of the
tavern.

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Photo 11: "D" refrigeration/generator. "E" Entrance doors to storeroom.

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West side of Tavern

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I moved around to the rear, west side of the tavern. I noted that the west side of the tavern had been the
least damaged by fire and the fire patterns showed that the fire had spread to the west side of the tavern.

There was a steel gate was in a partially opened position. I examined the gate, chain, and padlock. I noted
that a chain link that was attached to the timber post that was against the building had been cut. I checked
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with the firefighters who were working within this area, and they confirmed that they did not cut the chain to
the gate.

9(2)(ba)(i)

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Photo 12: West side of the tavern. (Photo courtesy of Police.)
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Photo 13: The gate chain was cut prior to fire fighters arrival. Northwest corner of the tavern. (Photo
courtesy of Police.)
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Southwest corner of tavern

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In the rear of the Southwest corner of the tavern, I noted a set of four windows in the opened position, and
the right-side window aluminium joinery sash showed damage consistent to having been forced open.

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9(2)(ba)(i)

I noted other windows within this area of the tavern were slightly opened, but these windows were
prevented from opening further due to security staves preventing entry. There was no evident damage to
the windows held open by security staves.

I examined windowpane glass on the ground below the four windows, and I did not locate any evidence of
clean broken glass that could indicate there was broken glass before the fire.

Under the four windows, I noted a red plastic crate. Further investigation confirmed that this crate was likely
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to have been placed under the windows by firefighters.

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RELEASED Photo 14: Four opened windows southwest corner of tavern. (Photo courtesy of Police).

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Photo 15: Right damaged aluminium window sash. The arrow depicts a red plastic crate. (Photo courtesy of
Police).

Club 865 South wall

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The Club 865 south wall runs towards the east end of the building facing SH 1. Some of the window sashes
along the south wall were slightly opened and security staves were installed.

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Photo 16: South wall of Club 865
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East side of tavern

I moved to the front (east side) of the tavern facing SH 1 and commenced the examination from the
southern end of the tavern.

Witness 1 confirmed that the fire was not visible on the east side of the tavern on their arrival.
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Club 865

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On the southeast corner of tavern, I examined the exterior of the Club 865.

I examined the timber doors inside the entrance to the club and aluminium window frames, including the
glass windowpanes, and there was no evidence of forced entry.

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I viewed the interior of the club from the windows and doors. While the interior damage was extensive, I
confirmed that the fire had spread to the club and had not originated inside. Witness 1 confirmed that the
fire was not visible inside the club on their arrival.

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Photo 17: East side of tavern facing SH 1. (Photo courtesy of Police).

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Photo 17: Club 865 on the south side of the tavern.

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Photo 18: View of the aluminium window and interior of Club 865. (Photo courtesy of Police).

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Photo 19: Interior of Club 865. (Photo courtesy of Police).

Black Bull Liquor

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To the right of Club 865, facing SH 1, I viewed the interior of the Black Bull liquor shop. On the right of the
liquor outlet was the main entrance to the tavern, which provided access to the south side of the tavern.

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Firefighters had forced the door, which was closed and locked, to open during fire extinguishment.

Reviewing the fire damage within the outlet, I believe the fire had spread to the liquor shop and had not
originated inside.

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I noted there were electrical appliances, including freezers, inside the outlet. Given the electricity was not
operating inside the tavern beyond the electrical cabinet, I ruled out an electrical event inside the Black Bull
Liquor store.

The Back Bull Liquor outlet was eliminated as an area of origin.

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Photo 20: "F" Black bull liquor outlet. "G" Entrance to the tavern. (Photo courtesy of Police).

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Photo 21: Interior of Black Bull Liquor store. (Photo courtesy of Police).

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Southeast entrance to tavern

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To the right (north side) of the Black Bull liquor outlet I located the 2nd entry door into the tavern. This entry
door provided access to the north end of the tavern including the restaurant.

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The door into the tavern had been forced opened by firefighters and witness 1 also confirmed that this door
was locked on their arrival.

Reviewing fire patterns inside the entrance to the tavern, I was of the opinion that the fire had spread from
the west side of the tavern and had not originated inside the entrance.

The south end entrance to the tavern has been eliminated as an area of origin.

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Photo 22: Southeast entrance door to tavern. (Photo courtesy of Police).

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Photo 23: Southeast entrance to Tavern. (Photo courtesy of Police).

Northeast entrance to tavern

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To the right (north side) of the Black Bull liquor outlet I located the 2nd entry door into the Tavern. This
entry door provided access to the north end of the tavern including the restaurant.

THE
The door into the tavern had been forced opened by firefighters and witness 1 also confirmed that this door
was locked on their arrival.

Reviewing fire patterns inside the entrance to the tavern, I was of the opinion that the fire had spread from
the west side of the tavern and had not originated inside the entrance.
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The north end entrance to the tavern has been eliminated as an area of origin.

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Photo 24: Northeast entrance to tavern. (Photo courtesy of Police).

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Photo 25: Exterior aluminium of restaurant. Photo courtesy of Police.

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Photo 26: Interior of the tavern dining room. (Photo courtesy of Police).

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Refrigeration room

I examined the refrigeration room at the end of the passage. Examining the electrical components and
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wiring of the refrigeration units inside the room confirmed the damage was an external source of fire, and
no evidence would support an issue with the plant equipment.

I examined the timber framing in the room and confirmed that there was still timber framing present that
showed timber that had not been exposed to fire or smoke damage.
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I eliminated the refrigeration room as an area of origin.

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Photo 27: Refrigeration room.

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Photo 28: Arrows depicting timber and shelving that was not fire damaged.

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Interior of tavern

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I moved into the west side of the tavern which was the location of the two tavern bars and gaming room
further to the east towards SH 1. Due to the extensive fire damage and risk of collapse and the amount of
debris on the floor, it was not practical to conduct a full internal examination and delayer the debris.  ACT

I was of the opinion that an internal examination of the tavern to determine the area or point of origin was
not credible.

Heavy machinery would be required to make the area safe.

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Photo 29: Area in front of the west side tavern bar.

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Photo 30: Area if front of the southside tavern bar

Electrical distribution cabinet

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I located the electrical cabinet inside the tavern on the south side of the refrigeration room that was off the
northwest rear passage. Witness 2, 9(2)(a)
, 9(2)(ba)(i)

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I examined the distribution cabinet inside the room and noted there was one large lever on the left side in
the "Off" position (the lever down is "Off"). 9(2)(ba)(i)

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I noted a 2nd set of two levers on the cabinet's right side. The levers were in the "on" position (lever up is in
the "On" position). The two right levers were subsidiary. 9(2)(ba)(i)

Corporate Risks (Contracted Insurance Investigators) engaged an electrical engineer to survey the
electrical cabinet, and they confirmed that the power was isolated at the cabinet; therefore, there was no
electricity beyond the cabinet to the tavern before the fire.

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I examined the electrical cabinet, electrical components, and the area surrounding the cabinet. There were
no fire patterns to support a fire originating from the electrical cabinet.

The electrical distribution cabinet was eliminated from the scene examination.
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Photo 31: Tavern electrical distribution cabinet. "H" is the leading electrical on/off lever. The oval depicts
the two subsidiary levers in the "On" position.
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Photo 32. "I" Main electrical distribution cabinet lever was in the "Off" position.

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Photo 33: "J" Rear of electrical cabinet. "K" Timber framing behind cabinet still intact.

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Interior of Tavern - Post Investigation

I returned to the tavern on 21 November 2023 once the insurance company had engaged a company to
remove the iron and debris and made a further scene examination.
1982

After reviewing the fire damage, it was still not credible to determine a defined area or point of origin to an
acceptable level.
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I was provided drone footage after the debris had been cleared, providing an aerial view of a large area
with the most damage appearing to be inside the tavern. (Refer to Photo 37).

Due to the extensive fire damage, I was unable to determine the cause of the fire to an acceptable level. I
concluded that there were 3 possible causes within the tavern.

  Incendiary
  Carelessness with a cigarette
  Carelessness with a naked flame
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Photo 34: Interior of tavern after the removal of iron and debris.

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Photo 35: Northwest of tavern looking towards the kitchen and rear entrance.

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Photo 36: Enlarged area of origin. (Photo courtesy of Police).

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Area and point of origin
Area of Origin
I determined that the southwest corner of the tavern was area of origin.

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Due to the extensive fire damage throughout the tavern, I could not rule out that there was also other areas
of origin to an acceptable level.

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Photo 37: Area of origin in the southwest corner of the Tavern. (Photo courtesy of Police).

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Photo 38: Area of origin after the removal of the roofing iron. (Photo courtesy of Corporate Risks).

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Photo 39: Area of origin looking from South towards the North of the Tavern. (Photo courtesy of Corporate
Risks).
Point of Origin
Due to the large, indicated area of origin inside the tavern, it would not be credible to determine the point of
origin to an acceptable level.
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Conclusions
Supposed Cause
Based on the evidence available at the time of this investigation, the classification of this incident has been
recorded as Undetermined
1982

Based on the evidence available at the time of this investigation, the cause of this incident has been
recorded as undetermined, with three possible scenarios considered:
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  Incendiary Fire
  Carelessness with a cigarette
  Carelessness with a naked flame
Elimination of Other Possible Causes
An electrical event was eliminated as the power was isolated from the electrical cabinet into the Tavern.

The weather at the time of the fire was overcast with no signs of adverse weather or lighting strikes.

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Report approvals
Investigation and report completed by:

Investigator
1982

Name:  Stu Cradock
Job Title:  Specialist Fire Investigator
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Date:  13 February 2024 07:40p.m.

I confirm the truth and accuracy of this statement. I make the statement with the knowledge that it is to be
used in court proceedings. I am aware that it is an offence to make a statement that is known by me to be
false or intended by me to mislead.

A technical review of this report has been completed by:

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Name: [PEERREVIEWERSNAME-DONOTDELETE]
Job Title: [PEERREVIEWERSRANK-DONOTDELETE]
Date: [PEERREVIEWEDDATE-DONOTDELETE]

This report has been approved by:
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Name: [APPROVERSNAME]  THE
Job Title: [APPROVERSRANK]
Date: [APPROVEDDATE]

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Appendix 1: Witness Details
Removed in compliance with the Privacy Act 2020 and the Official Information Act 1982
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