Fire Service Act 1975

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2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Appointed member

    [Repealed]

    Appointed member: this definition was repealed, as from 26 September 2000, by section 5(1) Fire Service Amendment Act 2000 (2000 No 36).

    building has the meaning given by the Building Act 2004

    Building and Building code: these definitions were inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    building: this definition was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

    building code has the meaning given by section 7 of the Building Act 2004

    Building and Building code: these definitions were inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    building code: this definition was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

    Chief Executive means the Chief Executive appointed under section 17A or section 17I(3) of this Act

    Chief Fire Officer means a Chief Fire Officer appointed under section 27 of this Act; and Deputy Chief Fire Officer means a Deputy Chief Fire Officer so appointed

    Civil defence emergency

    [Repealed]

    Civil defence emergency: this definition was repealed, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.

    Commission means the New Zealand Fire Service Commission constituted under section 4 of this Act

    Contaminant means any substance, whether gaseous, liquid, or solid that—

    • (a) Is foreign to or alters the balance of the natural constituents of the environment into which it is introduced; and

    • (b) Is or may be injurious to, or will or may adversely affect, the environment or the health or the safety of persons or property:

    Contract of fire insurance means an agreement whereby any property is insured against loss or damage from fire, whether the agreement includes other risks or not; but does not include any contract of marine insurance or any contract of reinsurance

    Co-ordination scheme means any co-ordination scheme established under section 17P of this Act

    Defence area means a defence area as defined in section 2(1) of the Defence Act 1990

    Defence fire brigade means a unit or other part of the Armed Forces established and trained by the authority of the Chief of Defence Force under the Defence Act 1990 for the prevention, suppression, and extinction of fire

    Deputy National Commander means the Deputy National Commander appointed under section 17V of this Act

    Emergency includes a hazardous substance emergency

    Equipment means any plant, appliance, or equipment belonging to or in the possession of the Commission; and includes any personal equipment or clothing provided by the Commission

    Executive officer means every member of the Fire Service who holds Fire Service rank and is classified as such by the Chief Executive in accordance with the policy of the Commission

    Facultative reinsurance means the reinsurance of individual risks by offer and acceptance where the reinsurer retains the option to accept or reject the risk offered

    fees framework has the same meaning as in section 10 of the Crown Entities Act 2004.

    fees framework: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    financial year has the same meaning as in section 136 of the Crown Entities Act 2004.

    financial year: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Fire Area means a Fire Area constituted under section 25 of this Act

    Fire Authority means any fire authority within the meaning of the Forest and Rural Fires Act 1977

    Fire brigade or brigade

    • (a) Means a group of persons organised and trained for the prevention, suppression, and extinction of fires, and responsible to the National Commander for discipline and duty; and

    • (b) Includes a volunteer fire brigade; but

    • (c) Does not include—

      • (i) A defence fire brigade; or

      • (ii) An industrial fire brigade:

    Fire District or District means a Fire District declared or constituted under section 26 of this Act

    Firefighter means every member of the Fire Service who holds Fire Service rank and is not an executive officer

    fire hazard has the meaning given by section 7 of the Building Act 2004

    Fire hazard: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    fire hazard: this definition was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

    Fire Region or Region means a Fire Region constituted under section 24 of this Act

    Fire Service means the New Zealand Fire Service established under section 3 of this Act

    Fire Service Commission means the Fire Service Commission constituted under section 3 of the Fire Services Act 1972 (as substituted by section 3 of the Fire Services Amendment Act 1974)

    Forest has the same meaning as in the Forest and Rural Fires Act 1977

    Forest: this definition was inserted, as from 2 September 1996, by section 2 Fire Service Amendment Act 1996 (1996 No 122).

    Gratuities Fund means the Gratuities Fund established under section 57 of this Act

    Hazardous substance means—

    • (b) Any infectious or radioactive substance that may impair human, animal, or plant health:

    Hazardous substance: this definition was substituted, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 1 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).

    Hazardous substance emergency means the release or potential accidental release of any hazardous substance from any building or other premises, or from any receptacle, container, vessel, or pipe, or from any conveyance (whether motorised or not), where the release of that hazardous substance constitutes a contaminant

    household unit has the meaning given by section 7 of the Building Act 2004

    Household unit: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    household unit: this definition was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

    Industrial fire brigade means an industrial fire brigade established under section 36 of this Act

    Insurance company

    • (a) Means any company, corporation, or partnership which, or person who,—

      • (i) Undertakes any liability under any contract of fire insurance (other than marine insurance), whether exclusively or in conjunction with any other business; or

      • (ii) Accepts a payment in respect of any property to provide indemnity or a reserve to cover future loss or future damage resulting from circumstances which include loss or damage from fire, or for any other purpose similar or analogous to a contract of fire insurance; or

      • (iii) Makes provision for the establishment of a fund to provide indemnity to cover future loss or future damage resulting from circumstances which include loss or damage from fire, or for any other purpose similar or analogous to a contract of fire insurance; or

      • (iv) Issues any cover note in respect of a contract of fire insurance or gives any information that insurance, which includes cover from fire, has been effected, or issues any receipt acknowledging the receipt of a premium in respect of a contract of fire insurance, or receives any premiums, proposals, or requests for insurance which includes cover from fire; and

    • (b) Includes State Insurance Limited; and

    • (c) Unless the context otherwise requires, includes the agent, attorney, or representative of any company, corporation, partnership, or person described or named in paragraph (a) or paragraph (b) of this definition, whether or not that company, corporation, partnership, or person is incorporated or resident in New Zealand; but

    • (d) Does not include any company, corporation, partnership, or person associated with the owner of property, including any parent company, associate company, or subsidiary company of the owner, unless the said company, corporation, partnership, or person associated with the owner is engaged solely or principally in providing indemnity or a reserve or a fund to cover future loss or future damage from fire:

    Levy

    • (a) Means the levy imposed under sections 48, 49, 49A, and 49B of this Act; and

    • (b) Except where this Act otherwise provides, includes—

      • (i) All interest payable in terms of section 53(1) of this Act; and

      • (ii) Any penalty surcharge payable pursuant to section 53A of this Act:

    Marine insurance means marine insurance as defined in section 3 of the Marine Insurance Act 1908

    Provided that—

    • (a) A contract of insurance in respect of any cargo shall be deemed not to be marine insurance from the time of delivery—

      • (i) To the consignee's or other final warehouse or place of storage at the destination named in the contract; or

      • (ii) To any other warehouse or place of storage, whether prior to or at the destination named in the contract, which the insured elects to use either for storage other than in the ordinary course of transit, or for allocation or distribution; or

      • (iii) On the expiry of 60 days after completion of discharge overside of the goods insured from the overseas vessel at the final port of discharge,—

      whichever shall first occur:

    • (b) A contract of insurance in respect of any ship or vessel normally or customarily removed from the water and transported or stored upon land when not in use shall be deemed not to be marine insurance:

    means of escape from fire has the meaning given by section 7 of the Building Act 2004

    Means of escape from fire: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    means of escape from fire: this definition was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

    medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Member of the Fire Service means every employee of the Commission ; and includes any person who holds office by virtue of an appointment under any of the provisions of sections 17A, 17I(3), 17M, and 17W of this Act

    Member of the Fire Service: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the words appointed or deemed to be appointed under section 18 of this Act.

    Minister means the Minister of Internal Affairs

    National Commander means the National Commander appointed under section 17M of this Act

    National Rural Fire Authority means the National Rural Fire Authority constituted under section 14A of this Act

    National Rural Fire Officer means the National Rural Fire Officer appointed under section 17W of this Act

    Owner, in relation to any property, means the person for the time being entitled to receive the rack rent thereof, or who would be so entitled if the property were let at a rack rent

    Principal Fire Officer means a Principal Fire Officer as defined in section 2(1) of the Forest and Rural Fires Act 1977

    Private dwelling

    [Repealed]

    Private dwelling: this definition was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    regional council means a regional council within the meaning of the Local Government Act 2002

    Regional council: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Reinsurance company means any company, partnership, corporation, or person, who solely undertakes any liability under any contract of insurance entered into with an insurance company or other reinsurance company; and includes the agent, attorney, or representative of such company, partnership, corporation, or person, whether or not that company, partnership, corporation, or person is incorporated or resident in New Zealand

    Reserve Fund means the Reserve Fund established under section 58 of this Act

    Rural area means any area (including an urban area) not included in any Fire District

    Rural fire control measures means any rural fire control measures that a Fire Authority is authorised to carry out under the Forest and Rural Fires Act 1977 (whether or not provided for in a fire plan prepared by that Fire Authority)

    Rural Fire Fighting Fund means the fund of that name established under section 46A of this Act

    sitework has the meaning given by section 7 of the Building Act 2004

    Sitework: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    sitework: this definition was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

    territorial authority means a territorial authority within the meaning of the Local Government Act 2002; and includes the Chatham Islands Council

    Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Urban area means an area used mainly for commercial, industrial, or residential purposes

    Volunteer fire brigade means a volunteer fire brigade as defined in section 34(1) of this Act.

    (2) For the purposes of this Act, the functions and activities of the Fire Service include the functions and activities of any member of the Fire Service.

    Section 2 was substituted, as from 1 January 1991, by section 2(1) Fire Service Amendment Act 1990 (1990 No 136).

    Subsection (2) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).