Fire Service Act 1975

  • repealed
  • Fire Service Act 1975: repealed, on 1 July 2017, by section 195(a) of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

building has the meaning given by the Building Act 2004

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

chief executive means the chief executive appointed under section 17A or section 17I(3)

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

Commission means the New Zealand Fire Service Commission constituted under section 4

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

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

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

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

Fire Area means a Fire Area constituted under section 25

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

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 Region or Region means a Fire Region constituted under section 24

Fire Service means the New Zealand Fire Service established under section 3

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

Gratuities Fund means the Gratuities Fund established under section 57

hazardous substance means—

(a)

any hazardous substance as defined in section 2 of the Hazardous Substances and New Organisms Act 1996; and

(b)

any radioactive material as defined in section 5(1) of the Radiation Safety Act 2016 or infectious substance that may impair human, animal, or plant health

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

industrial fire brigade means an industrial fire brigade established under section 36

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), 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; and

(b)

except where this Act otherwise provides, includes—

(i)

all interest payable in terms of section 53(1); and

(ii)

any penalty surcharge payable pursuant to section 53A

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

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

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

Minister means the Minister of Internal Affairs

National Commander means the National Commander appointed under section 17M

National Rural Fire Authority means the National Rural Fire Authority constituted under section 14A

National Rural Fire Officer means the National Rural Fire Officer appointed under section 17W

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

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

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

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

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

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

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).

(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: substituted, on 1 January 1991, by section 2(1) of the Fire Service Amendment Act 1990 (1990 No 136).

Section 2(1) appointed member: repealed, on 26 September 2000, by section 5(1) of the Fire Service Amendment Act 2000 (2000 No 36).

Section 2(1) building: substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 2(1) building code: substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 2(1) civil defence emergency: repealed, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

Section 2(1) fees framework: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) financial year: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) fire hazard: substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 2(1) forest: inserted, on 2 September 1996, by section 2 of the Fire Service Amendment Act 1996 (1996 No 122).

Section 2(1) hazardous substance: substituted, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Section 2(1) hazardous substance paragraph (b): replaced, on 7 March 2017, by section 99 of the Radiation Safety Act 2016 (2016 No 6).

Section 2(1) household unit: substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 2(1) means of escape from fire: substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) member of the Fire Service: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) private dwelling: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 2(1) regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) sitework: substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).