The move has been welcomed by Kemble Kerr’s daughter who cannot stop thinking her mother and brother would still be alive if alarms had been in place and operating properly.
“It’s been horrible... they could potentially still be alive right now,” Jess Kemble told the Herald.
“Our lives and souls have been destroyed and we will never be the same again.
“The memory and image of two caskets being buried on top of each other is something I will never forget... we don’t even have any of their belongings to remember them by, everything was lost.”
Kelly Anne Kemble Kerr and her son Kelly Kerr died in a house fire in Manapouri 04 July 2024
picture supplied
https://givealittle.co.nz/cause/weloveyoukellynkelly
On July 8, Fire and Emergency New Zealand announced its investigation into the fatal fire was “complete”.
“The fire was caused by a heater coming into contact with flammable material, likely bedding,” said Fenz district manager Julian Tohiariki.
“The house had no working smoke alarms at the time of the fire.
“This was a tragedy for the family and our thoughts are with them and the community of Manapouri at this difficult time.”
Kemble Kerr and her namesake son Kelly died at their Manapouri home on July 4.
Kelly Kerr, 11, died in the fire with his mum - also named Kelly.
The Herald can now reveal that the Ministry of Business, Innovation and Employment’s Tenancy Compliance and Investigations Team are taking a closer look at the tragic incident.
TCIT national manager Brett Wilson explained the new assessment.
“While the TCIT has received no complaint or referral in relation to the property in Manapouri, a proactive assessment was initiated following previous media reporting to determine whether the rental is one to which the Residential Tenancies Act applies and, what evidence there is available with regards to smoke alarms at the property,” he said.
“The assessment remains in an early stage and queries have been initiated with Fenz.
“This terrible accident demonstrates again how important it is to have working smoke alarms in all properties.”
Kelly Kemble Kerr with her son and namesake Kelly, 11. Photo / Supplied
Under New Zealand law, working smoke alarms or detectors are compulsory in all rental homes.
They must be installed within 3m of each bedroom door, or in every room where a person sleeps; and in each level of a multi-storey home
All new smoke alarms must be photoelectric, have a battery life of at least eight years or be hard-wired, meet international standards and be installed according to manufacturer instructions.
Existing smoke alarms do not need to be replaced if they are working and have not passed the expiry date.
Landlords must ensure smoke alarms are working at the start of each new tenancy and remain in working order during the tenancy.
If they fail to meet their obligations they can be subject to financial penalties of up to $7,200.
Kelly Anne Kemble Kerr and her son Kelly Kerr died in a house fire in Manapouri.
Tenants must not damage, remove or disconnect smoke alarms; they must replace batteries on older devices when necessary and notify the landlord as soon as possible of of any problems.
Kemble believed there were no smoke alarms in the house at all.
She said her mother did not have a formal rental contract with the owner but a verbal agreement was in place and she paid rent.
Kemble had planned to visit her family weeks before the fire but her plans changed.
“I wasn’t there... I feel a lot of guilt about that,” she said.
“I could have helped them, I could have rescued them... saved them.
“I have had people tell me I just have to accept it, that smoke alarms would not have helped or made a difference... but it could have, they could still be here right now.”
Jess Kemble and her little brother.
Kemble wanted answers – and justice for her mother and brother.
The owner of the property did not respond to messages from the Herald.
She said it had been “pretty hard” waiting for answers.
The deaths have been referred to the Coroner. But the case will not progress until MBIE have completed their assessment – and any action that results from that.
“I have nightmares, severe depression and panic attacks over the loss of my brother and mum,” said Kemble.
“Most nights I haven’t wanted to be living. I didn’t just lose one family member - we lost two in one of the most horrific ways possible.”
Kelly Anne Kemble Kerr and her son Kelly.
Kemble Kerr had a heart condition which meant she could not move fast. Kelly had autism.
Despite their challenges, Kemble said they were extremely close and had a good life.
“They did everything together,” she said.
“They went vegan because they both just loved animals so much and they didn’t want to hurt any animals.
“Mum had a rough life, she had eight children and already lost my sister when she was 9 months old, when I was about two.
“She had a really hard upbringing, she had been to jail but she tried to do the best for us. She changed, Kelly was her everything and she was trying to make a better life.
“They were best friends... out of everyone in the world, they were the last two people who deserved this.”
“It takes a lot of energy and to be honest I don’t want to have to do it but it’s the only thing I can do for my mother and my brother,” she said.
Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz
