Reprint as at 7 March 2017

Coat of Arms of New Zealand

Fire Service Act 1975

Public Act
 
1975 No 42
Date of assent
 
19 September 1975
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

Contents

Title
1Short Title and commencement
2Interpretation
2AAct to bind Crown
3Establishment of New Zealand Fire Service
4New Zealand Fire Service Commission
5Vesting of property in Commission [Repealed]
6Members of Commission
7Term of office of members of Commission [Repealed]
8Extraordinary vacancies [Repealed]
9Deputies of members
10Deputy Chairperson [Repealed]
11Meetings of Commission [Repealed]
12Committees [Repealed]
13Directions by Minister [Repealed]
14Functions of Commission
14AFunctions and powers of Commission as National Rural Fire Authority
14ABDuty to consult Fire Authority before finalising performance evaluation
14BPowers of Commission [Repealed]
15Restrictions on delegation
15ARevocation of delegations by Commission [Repealed]
15BRestriction on power of Commission to direct staff
16Co-ordination schemes [Repealed]
17Commission to make special provision for protection of Crown property, etc
17AChief executive
17BResponsibilities of chief executive in respect of management
17CResponsibility of chief executive in relation to employment of staff
17CAResponsibility in regard to conduct
17DObligation of chief executive to conduct certain consultations
17EObligation of chief executive to conduct review of efficiency and economy of Fire Service
17FObligation of chief executive to consult with insurance industry on estimated expenditure of Fire Service
17GDelegation of functions or powers of chief executive
17HRevocation of delegations by chief executive
17IConditions of employment of chief executive
17JRemoval from office of chief executive [Repealed]
17KActing chief executive
17LApplication of Labour Relations Act 1987 in respect of chief executive [Repealed]
17MNational Commander
17NResponsibilities of National Commander
17OSpecific responsibilities of National Commander
17PCo-ordination schemes for fire control
17QDelegation of functions or powers of National Commander
17RRevocation of delegations by National Commander
17SConditions of employment of National Commander
17TRemoval from office of National Commander [Repealed]
17UApplication of Labour Relations Act 1987 in respect of National Commander [Repealed]
17VDeputy National Commander
17WNational Rural Fire Officer
17XResponsibilities of National Rural Fire Officer
17YConditions of employment of National Rural Fire Officer
17ZDelegation of functions or powers of National Rural Fire Officer
17ZARevocation of delegations by National Rural Fire Officer
17ZBRemoval from office of National Rural Fire Officer [Repealed]
17ZCActing National Rural Fire Officer
17ZDApplication of Labour Relations Act 1987 in respect of National Rural Fire Officer [Repealed]
17ZERegister of delegations
18Staff of Commission
19Staff, etc, not in service of Crown [Repealed]
20Commission to promote fire safety
21Functions of Commission in relation to the promotion of fire safety
21ARelevant building defined for purposes of sections 21B to 21H
21BOwner must provide and maintain evacuation scheme for relevant building
21COwner must apply to National Commander for approval of evacuation scheme
21DNational Commander may exempt from requirements
21EOwner must notify National Commander if section 21B(2) applies to relevant building
21FPowers of entry of National Commander
21GDistrict Court order closing relevant building
21HVoluntary application for approval of evacuation scheme
21IPreviously approved evacuation schemes
22Recommendation on fire safety may be sent to territorial authority [Repealed]
23Command and operation of Fire Service
24Fire Regions
24AControl of Fire Region
25Fire Areas
25AControl of Fire Area
26Fire Districts
27Chief Fire Officer and Deputy Chief Fire Officer
27AOperational instructions
28Functions, duties, and powers of Chief Fire Officer
28AFunctions, duties, and powers of Chief Fire Officer outside of Fire District
29Access to land and buildings (other than household units) for pre-incident planning and post-incident investigation
30Use of water in mains for fire protection, fire fighting, and hazardous substance emergency purposes
31Power to erect fire alarms, etc
32Police to assist person in charge of fire brigade
33Volunteer fire police
34Volunteer fire brigades
35Fire brigade auxiliary units
36Industrial fire brigades
36ADefence fire brigades
37Agreement for provision of administrative services
38Commission may undertake to protect from fire property outside a Fire District
39Commission may undertake to give special protection to owner of property outside a Fire District
40Fires on vessels, etc
41Power to provide use of equipment, etc
42Damage in fire fighting to be damage by fire within meaning of fire policy
43Limitation of liability
44Expenditure of Commission
45Commission to submit financial forecasts and estimates to Minister [Repealed]
46Accounts and annual report of Commission [Repealed]
46ARural Fire Fighting Fund
46BGrants and expenditure from Rural Fire Fighting Fund
46CEligibility for grant assistance
46DProportionate share of claim
46EDeduction from claim
46FClaims in respect of minor fires
46GCondition of payment of grant
46HFunding of Rural Fire Fighting Fund
46IRural Fire Fighting Fund to be first charge on levy
46JLoans from the Crown for payment into Rural Fire Fighting Fund
46KBalance to be maintained in Rural Fire Fighting Fund
46LReport in relation to Rural Fire Fighting Fund
47Income of Commission
47AAppropriation by Parliament [Repealed]
47BDefinition of terms property and owner of property
47CPower to charge for services other than attendance at fire calls
48Levy
49Liability for levy where agents of owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
49ALiability for levy where owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
49BLiability 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
50Payment of levy
51Audit of contracts of fire insurance, etc
51ACompanies, corporations, partnerships, and local and public authorities to supply evidence of insurance arrangements
51BSecrecy
51CCommission may enter into agreements for auditing information received pursuant to sections 48, 49, 49A, 49B, 51, and 51A
52Protection of commercial information [Repealed]
53Failure to pay levy
53APenalty surcharge for non-payment of levy
54Provision of superannuation for members of Fire Service
55Gratuities on retirement or death of members of Fire Service
56Gratuities on retirement or death of members of volunteer fire brigades
57Gratuities Fund [Repealed]
58Reserve Fund [Repealed]
58ACommission may establish special funds [Repealed]
58BGeneral power to be involved in business and other ventures [Repealed]
59Borrowing powers [Repealed]
60Acquisition of housing for use of employees [Repealed]
61Power to take and hold property
62Power to dispose of property [Repealed]
62AExemption from income tax
62BFire Service Restructuring Fund [Repealed]
62COperation of Restructuring Fund in 1994/95 [Repealed]
62DOperation of Restructuring Fund in 1995/96 [Repealed]
62ECommission to report on expenditure proposals [Repealed]
62FUnexpended money to revert to levy in Advance Account [Repealed]
63Obligation to constitute brigades or to attach executive officers and firefighters to operational brigades
64General instructions [Repealed]
65Appointments to vacancies
66Provision in case of absence from duty
67Review of appointments
68Appeal against transfers [Repealed]
69Appeal against withholding of gratuity [Repealed]
69ARights of appeal in respect of enterprise units and positions for which range of rates of remuneration is prescribed [Repealed]
70Dismissal [Repealed]
71Appeal against dismissal [Repealed]
71AMember of Fire Service on probation [Repealed]
72Retirement of medically unfit
72AStandards of physical competence
72BApplication of section 72C
72CCompulsory disengagement of unfit
73Standards of conduct
74Action to be taken by Chief Fire Officer if executive officer or fireman alleged to be in breach of good conduct [Repealed]
75Certain offences to be reported to Commission [Repealed]
76Offences by senior officers [Repealed]
77Action to be taken by Commission when alleged breach of good conduct referred to it [Repealed]
78Appeal following inquiry into breach of good conduct [Repealed]
79Suspension pending hearing of criminal charge [Repealed]
[Repealed]
80Appeal Board [Repealed]
81Nominated members of Appeal Board [Repealed]
82Procedure of Appeal Board [Repealed]
83Application of State Sector Act 1988 [Repealed]
83AGeneral principles [Repealed]
83BEqual employment opportunities [Repealed]
83CChoice of procedure [Repealed]
83DImplementation of ballot where awards and agreements do not contain service organisation membership clause [Repealed]
83EPower to make consequential amendments to determination [Repealed]
83FExplanatory note in relation to expiry of service organisation membership clause [Repealed]
83GInsertion of service organisation membership clause in determination to which 2 or more service organisations are parties [Repealed]
83HNotice to Registrar [Repealed]
83IConduct of ballot [Repealed]
83JRestriction on issue of certificates [Repealed]
83KOffences in relation to ballots [Repealed]
83LApplications for inquiries [Repealed]
83MInquiries into ballots [Repealed]
83NBallot papers, etc, to be preserved [Repealed]
83OEnforcement of service organisation membership clauses [Repealed]
83PApplication for exemption from membership of service organisation [Repealed]
83QIntervention by other service organisations or unions or central organisation of workers [Repealed]
83RDiscrimination [Repealed]
83SRight to become member of service organisation [Repealed]
84New section inserted in Industrial Relations Act 1973 [Repealed]
85Application of this Part [Repealed]
86Inquiries as to fires
87Service of notices
88Offences
89Penalties
90Fines
91Restriction on public use of words “fire engineer” in certain cases [Repealed]
92Regulations
93Repeals and amendments
Reprint notes

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