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MERCURY ENERGY AND THE POWER CUT TRAGEDY
31 May 2007


Unintended consequences are a fact of life, witness the tragic death of a woman in South Auckland as a result of the power to her home being cut off. Despite pleas from her family the power company disconnected the power.

The "deaf ears" may have been the result of similar false claims in the past. That does not excuse the power company from the duty to make preliminary enquiries in each instance to establish the bona fides of each case.

In similar fashion it is the duty of lawyers to examine each matter on behalf of their clients in diligent fashion, no matter how routine it may appear. Indeed the more routine on the face of it the more it is a trap for the unwary.

Lawyers are not mere paper pushers. If that were so then the extensive and lengthy training required could not be justified. However to assist the client we need to be consulted in open and frank discussion. Preferably before the event rather than after, as to be the ambulance at the bottom of the cliff is not our preference, rather a preventative and assisting role is our preferred position. That can only happen if we are consulted at the outset of any matter, rather than when it has all gone "pear shaped".

To read more about the Mercury Power incident, visit www.stuff.co.nz or www.nzherald.co.nz
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