Reprint as at 5 August 2013

Fire Service Act 1975

Public Act1975 No 42
Date of assent19 September 1975
Commencementsee section 1(2)

Note

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

1 Short Title and commencement

2 Interpretation

2A Act to bind Crown

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5 Vesting of property in Commission [Repealed]

6 Members of Commission

7 Term of office of members of Commission [Repealed]

8 Extraordinary vacancies [Repealed]

9 Deputies of members

10 Deputy Chairperson [Repealed]

11 Meetings of Commission [Repealed]

12 Committees [Repealed]

13 Directions by Minister [Repealed]

14 Functions of Commission

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14B Powers of Commission [Repealed]

15 Restrictions on delegation

15A Revocation of delegations by Commission [Repealed]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16 Co-ordination schemes [Repealed]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

17A Chief executive

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17J Removal from office of chief executive [Repealed]

17K Acting chief executive

17L Application of Labour Relations Act 1987 in respect of chief executive [Repealed]

17M National Commander

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]

17V Deputy National Commander

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]

17ZE Register of delegations

18 Staff of Commission

19 Staff, etc, not in service of Crown [Repealed]

Part 2
Fire safety

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

24 Fire Regions

24A Control of Fire Region

25 Fire Areas

25A Control of Fire Area

26 Fire Districts

27 Chief Fire Officer and Deputy Chief Fire Officer

27A Operational instructions

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

33 Volunteer fire police

34 Volunteer fire brigades

35 Fire brigade auxiliary units

36 Industrial fire brigades

36A Defence fire brigades

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

40 Fires on vessels, etc

41 Power to provide use of equipment, etc

42 Damage in fire fighting to be damage by fire within meaning of fire policy

43 Limitation of liability

Part 4
Financial provisions

44 Expenditure of Commission

45 Commission to submit financial forecasts and estimates to Minister [Repealed]

46 Accounts and annual report of Commission [Repealed]

46A Rural Fire Fighting Fund

46B Grants and expenditure from Rural Fire Fighting Fund

46C Eligibility for grant assistance

46D Proportionate share of claim

46E Deduction from 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

47 Income of Commission

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

48 Levy

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

50 Payment of levy

51 Audit of contracts of fire insurance, etc

51A Companies, corporations, partnerships, and local and public authorities to supply evidence of insurance arrangements

51B Secrecy

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]

53 Failure to pay levy

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]

62A Exemption from income tax

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]

65 Appointments to vacancies

66 Provision in case of absence from duty

67 Review of appointments

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]

70 Dismissal [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

Discipline

73 Standards of conduct

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]

Appeal Board

[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

86 Inquiries as to fires

87 Service of notices

88 Offences

89 Penalties

90 Fines

91 Restriction on public use of words fire engineer in certain cases [Repealed]

92 Regulations

93 Repeals and amendments

Schedule 1
Enactments repealed

Schedule 2
Enactments amended

Schedule 3
Categories of property exempted from Fire Service levy

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