New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 1975 No 42 |
| Date of assent | 19 September 1975 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Internal Affairs.
1 Short Title and commencement
Part 1
Establishment of New Zealand Fire Service
3 Establishment of New Zealand Fire Service
4 New Zealand Fire Service Commission
5 Vesting of property in Commission [Repealed]
7 Term of office of members of Commission [Repealed]
8 Extraordinary vacancies [Repealed]
10 Deputy Chairperson [Repealed]
11 Meetings of Commission [Repealed]
12 Committees [Repealed]
13 Directions by Minister [Repealed]
14A Functions and powers of Commission as National Rural Fire Authority
14AB Duty to consult Fire Authority before finalising performance evaluation
14B Powers of Commission [Repealed]
15A Revocation of delegations by Commission [Repealed]
15B Restriction on power of Commission to direct staff
16 Co-ordination schemes [Repealed]
17 Commission to make special provision for protection of Crown property, etc
17B Responsibilities of chief executive in respect of management
17C Responsibility of chief executive in relation to employment of staff
17CA Responsibility in regard to conduct
17D Obligation of chief executive to conduct certain consultations
17E Obligation of chief executive to conduct review of efficiency and economy of Fire Service
17F Obligation of chief executive to consult with insurance industry on estimated expenditure of Fire Service
17G Delegation of functions or powers of chief executive
17H Revocation of delegations by chief executive
17I Conditions of employment of chief executive
17J Removal from office of chief executive [Repealed]
17L Application of Labour Relations Act 1987 in respect of chief executive [Repealed]
17N Responsibilities of National Commander
17O Specific responsibilities of National Commander
17P Co-ordination schemes for fire control
17Q Delegation of functions or powers of National Commander
17R Revocation of delegations by National Commander
17S Conditions of employment of National Commander
17T Removal from office of National Commander [Repealed]
17U Application of Labour Relations Act 1987 in respect of National Commander [Repealed]
17W National Rural Fire Officer
17X Responsibilities of National Rural Fire Officer
17Y Conditions of employment of National Rural Fire Officer
17Z Delegation of functions or powers of National Rural Fire Officer
17ZA Revocation of delegations by National Rural Fire Officer
17ZB Removal from office of National Rural Fire Officer [Repealed]
17ZC Acting National Rural Fire Officer
17ZD Application of Labour Relations Act 1987 in respect of National Rural Fire Officer [Repealed]
19 Staff, etc, not in service of Crown [Repealed]
20 Commission to promote fire safety
21 Functions of Commission in relation to the promotion of fire safety
21A Relevant building defined for purposes of sections 21B to 21H
21B Owner must provide and maintain evacuation scheme for relevant building
21C Owner must apply to National Commander for approval of evacuation scheme
21D National Commander may exempt from requirements
21E Owner must notify National Commander if section 21B(2) applies to relevant building
21F Powers of entry of National Commander
21G District Court order closing relevant building
21H Voluntary application for approval of evacuation scheme
21I Previously approved evacuation schemes
22 Recommendation on fire safety may be sent to territorial authority [Repealed]
Part 3
Organisation of Fire Service
23 Command and operation of Fire Service
27 Chief Fire Officer and Deputy Chief Fire Officer
28 Functions, duties, and powers of Chief Fire Officer
28A Functions, duties, and powers of Chief Fire Officer outside of Fire District
29 Access to land and buildings (other than household units) for pre-incident planning and post-incident investigation
30 Use of water in mains for fire protection, fire fighting, and hazardous substance emergency purposes
31 Power to erect fire alarms, etc
32 Police to assist person in charge of fire brigade
35 Fire brigade auxiliary units
37 Agreement for provision of administrative services
38 Commission may undertake to protect from fire property outside a Fire District
39 Commission may undertake to give special protection to owner of property outside a Fire District
41 Power to provide use of equipment, etc
42 Damage in fire fighting to be damage by fire within meaning of fire policy
45 Commission to submit financial forecasts and estimates to Minister [Repealed]
46 Accounts and annual report of Commission [Repealed]
46B Grants and expenditure from Rural Fire Fighting Fund
46C Eligibility for grant assistance
46D Proportionate share of claim
46F Claims in respect of minor fires
46G Condition of payment of grant
46H Funding of Rural Fire Fighting Fund
46I Rural Fire Fighting Fund to be first charge on levy
46J Loans from the Crown for payment into Rural Fire Fighting Fund
46K Balance to be maintained in Rural Fire Fighting Fund
46L Report in relation to Rural Fire Fighting Fund
47A Appropriation by Parliament [Repealed]
47B Definition of terms property and owner of property
47C Power to charge for services other than attendance at fire calls
49 Liability for levy where agents of owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
49A Liability for levy where owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
49B Liability for levy by owner of property where cover for risk including fire is provided by any company, corporation, partnership, or person associated with owner of property
51 Audit of contracts of fire insurance, etc
51A Companies, corporations, partnerships, and local and public authorities to supply evidence of insurance arrangements
51C Commission may enter into agreements for auditing information received pursuant to sections 48, 49, 49A, 49B, 51, and 51A
52 Protection of commercial information [Repealed]
53A Penalty surcharge for non-payment of levy
54 Provision of superannuation for members of Fire Service
55 Gratuities on retirement or death of members of Fire Service
56 Gratuities on retirement or death of members of volunteer fire brigades
57 Gratuities Fund [Repealed]
58 Reserve Fund [Repealed]
58A Commission may establish special funds [Repealed]
58B General power to be involved in business and other ventures [Repealed]
59 Borrowing powers [Repealed]
60 Acquisition of housing for use of employees [Repealed]
61 Power to take and hold property
62 Power to dispose of property [Repealed]
62B Fire Service Restructuring Fund [Repealed]
62C Operation of Restructuring Fund in 1994/95 [Repealed]
62D Operation of Restructuring Fund in 1995/96 [Repealed]
62E Commission to report on expenditure proposals [Repealed]
62F Unexpended money to revert to levy in Advance Account [Repealed]
Part 5
Personnel administration
63 Obligation to constitute brigades or to attach executive officers and firefighters to operational brigades
64 General instructions [Repealed]
66 Provision in case of absence from duty
68 Appeal against transfers [Repealed]
69 Appeal against withholding of gratuity [Repealed]
69A Rights of appeal in respect of enterprise units and positions for which range of rates of remuneration is prescribed [Repealed]
71 Appeal against dismissal [Repealed]
71A Member of Fire Service on probation [Repealed]
72 Retirement of medically unfit
72A Standards of physical competence
72B Application of section 72C
72C Compulsory disengagement of unfit
74 Action to be taken by Chief Fire Officer if executive officer or fireman alleged to be in breach of good conduct [Repealed]
75 Certain offences to be reported to Commission [Repealed]
76 Offences by senior officers [Repealed]
77 Action to be taken by Commission when alleged breach of good conduct referred to it [Repealed]
78 Appeal following inquiry into breach of good conduct [Repealed]
79 Suspension pending hearing of criminal charge [Repealed]
[Repealed]
80 Appeal Board [Repealed]
81 Nominated members of Appeal Board [Repealed]
82 Procedure of Appeal Board [Repealed]
Part 6
Remuneration and conditions of employment
83 Application of State Sector Act 1988 [Repealed]
83A General principles [Repealed]
83B Equal employment opportunities [Repealed]
83C Choice of procedure [Repealed]
83D Implementation of ballot where awards and agreements do not contain service organisation membership clause [Repealed]
83E Power to make consequential amendments to determination [Repealed]
83F Explanatory note in relation to expiry of service organisation membership clause [Repealed]
83G Insertion of service organisation membership clause in determination to which 2 or more service organisations are parties [Repealed]
83H Notice to Registrar [Repealed]
83I Conduct of ballot [Repealed]
83J Restriction on issue of certificates [Repealed]
83K Offences in relation to ballots [Repealed]
83L Applications for inquiries [Repealed]
83M Inquiries into ballots [Repealed]
83N Ballot papers, etc, to be preserved [Repealed]
83O Enforcement of service organisation membership clauses [Repealed]
83P Application for exemption from membership of service organisation [Repealed]
83Q Intervention by other service organisations or unions or central organisation of workers [Repealed]
83R Discrimination [Repealed]
83S Right to become member of service organisation [Repealed]
84 New section inserted in Industrial Relations Act 1973 [Repealed]
85 Application of this Part [Repealed]
Part 7
Miscellaneous provisions
91 Restriction on public use of words “fire engineer”
in certain cases [Repealed]
Schedule 3
Categories of property exempted from Fire Service levy
An Act to establish the New Zealand Fire Service and to consolidate and amend the law relating to the protection of life and property from fire and to certain other emergency services
