(1) In this Act, unless the context otherwise requires,—
Apparatus includes all haulage or other means of transport, and all machinery, equipment, devices, materials, and things used for or in connection with fire control
Area includes any land, locality, location, or place, whether in a district or not, to which a fire control measure applies or may apply
Backburn means a counterfire commenced from within continuous fuel for the purpose of fighting a fire
Brigade or fire brigade means a group of persons organised and trained for the prevention, suppression, and extinction of fires in urban areas, and responsible to the National Commander or a Department of State for discipline and duty; and includes a volunteer fire brigade and an industrial fire brigade registered under the Fire Service Act 1975 and a defence fire brigade (as defined in section 2(1) of that Act)
Brigade: this definition was amended, as from 20 October 1978, by section 2(4) Fire Service Amendment Act 1978 (1978 No 49) by inserting the words “and a defence fire brigade (as defined in section 2(1) of that Act)”
.
Brigade: this definition was amended, as from 1 January 1991, by section 2(1) Forest and Rural Fires Amendment Act 1990 (1990 No 137) by substituting the words “National Commander”
for the words “New Zealand Fire Service Commission”
.
Broadcast means broadcast as defined in section 2 of the Broadcasting Act 1989
Broadcast: the reference to the Broadcasting Act 1976 was substituted, as from 1 July 1989, for a reference to the Broadcasting Act 1976 pursuant to section 89(1) Broadcasting Act 1989 (1989 No 25).
Burnout means a counterfire commenced from a natural or previously constructed firebreak for the purpose of fighting a fire
Commercial or semi-commercial forest area—
Commercial or semi-commercial forest area: this definition was inserted, as from 2 September 1996, by section 2(1) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Conservation area has the same meaning as in the Conservation Act 1987, and includes land being managed under section 61 or section 62 of that Act; but does not include any marginal strip as defined in section 2(1) of that Act
Conservation area this definition was inserted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).
Conservation area: this definition was substituted, as from 1 December 1989, by section 2(2) Forest and Rural Fires Amendment Act 1989 (1989 No 120).
Conservator of Forests
[Repealed]
Conservator of Forests: this definition was repealed, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).
County area
[Repealed]
County area: this definition was repealed, as from 1 January 1991, by section 2(2) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Director-General
[Repealed]
Director-General: this definition was repealed, as from 1 April 1987, and replaced by a definition of the term Secretary, pursuant to section 2(2)(c) Forests Act 1949 (1949 No 19) (as inserted by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124)).
District means, as the case may require,—
District: this definition was substituted, as from 1 January 1991, by section 2(3) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Eligible landholder means any owner, lessee, sublessee, licensee, permittee, or other person having a right lawfully to use or occupy any land or structure for an unexpired period of not less than 10 years, including any rights of extension or renewal; and includes a mortgagee in possession
Essential services means services—
(a) For the supply and distribution of food, water, fuel, power, and other necessities:
Exotic forest means a forest, woodlot, or plantation comprised principally or entirely of tree species not indigenous to New Zealand
Farming—
Farming: this definition was inserted, as from 2 September 1996, by section 2(1) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Fire Authority,—
(f) in relation to an area in respect of which a territorial authority exercises the powers of a Fire Authority under section 9(b), means the territorial authority to the extent provided by the agreement between the New Zealand Fire Service Commission, the National Rural Fire Authority, and the territorial authority
Fire Authority: this definition was amended, by section 65(1) Conservation Act 1987 (1987 No 65).
Fire Authority: this definition was amended, by section (2)(1)(a) Forest and Rural Fires Amendment Act 1987.
Fire Authority: this definition was substituted, as from 1 January 1991, by section 2(4) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Fire Authority: this definition was substituted, as from 17 May 2005, by section 3(1) Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Fire control, in relation to forest, rural, and other areas of vegetation, means—
(a) The prevention, detection, control, restriction, suppression, and extinction of fire; and
(c) All measures conducive to or intended to further or effect such prevention, detection, control, restriction, suppression, extinction, or safe-guarding;—
and fire control measure has a corresponding meaning
Fire Officer or Rural Fire Officer means a person appointed as a Rural Fire Officer by or pursuant to section 13 of this Act
Fire plan means a statement compiled and issued by a Fire Authority defining policy, chain of command, and procedure, in relation to fire control by that Authority
fire safety margin,—
(a) in relation to a State area (other than land administered by the Minister of Conservation pursuant to section 9A of the Foreshore and Seabed Endowment Revesting Act 1991), means the land outside the State area that is within 1 km of the boundary of the State area, excluding any land—
Fire safety margin: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by inserting the words “of Conservation”
.
Fire safety margin: this definition was substituted, as from 1 December 1989, by section 2(3) Forest and Rural Fires Amendment Act 1989 (1989 No 120). The Defence Act 1990 was substituted, as from 1 April 1990, for the repealed Defence Act 1971, by section 105(2) Defence Act 1990 (1990 No 28).
Fire safety margin: this definition was amended, as from 31 May 1996, by clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 (SR 1996/122) by substituting the words “Crown Forestry Management”
for the words “New Zealand Forestry Corporation”
.
Fire safety margin: this definition was substituted, as from 2 September 1996, by section 2(2) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
fire safety margin: this definition was substituted, as from 17 May 2005, by section 3(2) Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Firebreak means a natural or artificial physical barrier against the spread of fire from or into any area of continuous flammable material
Foreshore means such parts of the bed, shore, or banks of the sea or a river as are covered and uncovered by the flow and ebb of the tide at mean spring tides
Foreshore: this definition was inserted, as from 25 November 1994, by section 4 Foreshore and Seabed Endowment Revesting Amendment Act 1994 (1994 No 113).
Forest includes, in addition to areas of tree species,—
(a) All access ways or strips, roads, pathways, snig tracks and other tracks, bridges, airfields, airstrips, helicopter pads, tramways, and railways:
(c) Areas containing thinnings, slash, sawdust, slabs, or other debris:
(e) All banks, beds, arms, or shores of streams, creeks, reservoirs, rivers, or lakes, or of the sea:
contained within a forest, or adjacent to and used in connection with a forest
Forest area means an area of land registered in the Forest Area Register of a Fire Authority pursuant to section 17 of this Act
Forest produce means trees and plants and the produce of trees and plants
Landholder means any owner, lessee, sublessee, licensee, holder of a permit, or other person, having a right lawfully to use or occupy any land or structure for an unexpired period of not less than one year, including any rights of extension or renewal; and includes a mortgagee in possession
local authority means a territorial authority within the meaning of the Local Government Act 2002
Local authority: this definition was substituted, as from 1 January 1991, by section 2(5) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Local 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.
Maritime Park
[Repealed]
Maritime Park: the reference to the Reserves Act 1977 was substituted, as from 1 April 1978, for a reference to the Reserves and Domains Act 1953 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).
Maritime Park: this definition was repealed, as from 2 September 1996, by section 2(3) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Minister means the Minister of Internal Affairs
Minister: this definition was amended, as from 1 April 1987, by section 2(2)(a) Forests Act 1949 (1949 No 19) and section 32(1) State-Owned Enterprises Act 1986 (1986 No 124) by substituting a reference to the “Minister of Forestry”
for a reference to the “Minister of Forests”
.
Minister: this definition was substituted, as from 1 January 1991, by section 2(6) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
National Commander means the National Commander appointed under section 17M of the Fire Service Act 1975
National Commander: this definition was inserted, as from 1 January 1991, by section 2(6) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
National Rural Fire Officer means the National Rural Fire Officer appointed under section 17W of the Fire Service Act 1975
National Rural Fire Officer: this definition was inserted, as from 1 January 1991, by section 2(6) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
National Rural Fire Authority means the National Rural Fire Authority constituted under section 14A(1) of the Fire Service Act 1975
National Rural Fire Authority: this definition was inserted, as from 1 January 1991, by section 2(6) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
New Zealand Fire Service Commission means the New Zealand Fire Service Commission constituted by the Fire Service Act 1975
Notice has the meaning set out in section 63 of this Act
Open air, in relation to fires, means otherwise than within—
Open air: paragraph (b) of this definition was amended, as from 1 April 1981, by section 80(1) National Parks Act 1980 (1980 No 66) by omitting the words “National or”
where they first occur and inserting the words “Director-General of Lands in the case of a National Park or”
.
Open air: paragraph (b) of this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “Director-General of Conservation”
for the words “relevant Commissioner of Crown Lands”
.
Open air: paragraph (b) of this definition was amended, as from 1 December 1989, by section 2(1) Forest and Rural Fires Amendment Act 1989 (1989 No 120) by substituting the words “Director-General of Conservation”
for the words “Director-General of Lands”
.
Open air: paragraph (b) of this definition was substituted, as from 2 September 1996, by section 2(4) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Open season, or open fire season, in respect of any area or district, means a period of time, whether of fixed or indefinite duration, during which period the lighting of fires in the open air in that area or district is neither prohibited nor restricted under section 22 of this Act
Open season or open fire season: this definition was substituted, as from 2 September 1996, by section 2(5) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Owner, in relation to any land or structure, means the person who for the time being is entitled to the rack rent thereof or who would be so entitled if the land or structure were let at a rack rent; and includes any public or local authority which for the time being has control of the land or structure; and, in relation to any movables, means the person who for the time being is in possession of such movables
Permit, in relation to the lighting of fires in the open air, means a fire control measure in accordance with which a person may light such fires without committing an offence against section 23(1) of this Act; and includes a special permit issued pursuant to section 24 of this Act
Person includes any association, body, or authority, whether corporate or not
Prescribed
[Repealed]
Prescribed: this definition was substituted, as from 1 April 1987, by section 2(2) Forest and Rural Fires Amendment Act 1987 (1987 No 119).
Prescribed: this definition was repealed, as from 1 January 1991, by section 2(7) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Principal Fire Officer—
(a) In relation to any State area for which a Principal Rural Fire Officer is appointed by the Minister of Conservation or any other district for which a Principal Rural Fire Officer is appointed by the Fire Authority, means that officer or, where he is absent or unavailable or unable to act, the person acting as Principal Fire Officer pursuant to the Fire Plan for that area or district:
(b) In relation to any district (other than a State area) for which there is only one Fire Officer, means that officer or, where he is absent or unavailable or unable to act, the person acting as Principal Fire Officer pursuant to the Fire Plan for that district:
Principal Fire Officer: paragraphs (a) and (c) of this definition were amended, as from 1 April 1987, by section 2(1)(b) Forest and Rural Fires Amendment 1987 (1987 No 119) by inserting the words “of Conservation”
.
Para (c) was amended, as from 1 April 1987, by section 2(2)(d) Forests Act 1949 (1949 No 19) and section 32(1) State-Owned Enterprises Act 1986 (1986 No 124) by substituting a reference to a “Forestry Officer”
for a reference to a “Forest Officer”
.
Principal Fire Officer: paragraph (c) of this definition was amended, as from 2 September 1996, by section 2(5)(a) Forest and Rural Fires Amendment Act 1996 (1996 No 123) by substituting the words “Rural Fire Officer appointed under section 13(3) of this Act and any warranted officer appointed under section 59(1) of the Conservation Act 1987”
for the words “Forestry Officer under the Forests Act 1949”
.
Prohibited season or prohibited fire season means a period of time, whether of fixed or indefinite duration, specified pursuant to this Act, during which period the lighting of fires in the open air is prohibited under this Act
Property includes real and personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest; and, without limiting the generality of the foregoing words, shall be deemed to include any public work (as defined by the Public Works Act 1981) situated within a district, and in particular any stopbank so situated
Property: the reference to the Public Works Act 1981 was substituted, as from 1 February 1982, for a reference to the Public Works Act 1928 pursuant to section 248(1) Public Works Act 1981 (1981 No 35).
regional council means a regional council within the meaning of the Local Government Act 2002
Regional Council: this definition was inserted, as from 1 January 1991, by section 2(8) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
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.
Restricted season or restricted fire season means a period of time, whether of fixed or indefinite duration, specified pursuant to this Act, during which period permits or authorities are required by this Act for the lighting of fires in the open air
Rural Fire Mediator or Mediator means a Rural Fire Mediator appointed by the National Rural Fire Officer from a panel of persons maintained by the Minister under section 64 of this Act
Rural Fire Mediator: this definition was amended, as from 1 April 1987, by section 2(1)(b) Forest and Rural Fires Amendment 1987 (1987 No 119) by inserting the words “of Forestry”
.
Rural Fire Mediator: this definition was substituted, as from 1 January 1991, by section 2(9) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Rural fire committee means a rural fire committee constituted under this Act
Rural fire district means a rural fire district constituted under this Act
Secretary
[Repealed]
Secretary: this definition was substituted for the definition of the term Director-General, as from 1 April 1987, by section 2(2)(c) Forests Act 1949 (1949 No 19) (as inserted by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124)).
Secretary: this definition was amended, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 20) by substituting a reference to the State Sector Act 1988 for a reference to the State Services Act 1962.
Secretary: this definition was repealed, as from 2 September 1996, by section 2(6)(b) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Specially protected property means property which, or the nature of which, has been defined, by notice in the Gazette, under section 6 of this Act
Specially protected property: this definition was substituted, as from 1 January 1991, by section 2(10) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Specially protected site means the land, structure, or place on, in, or at which any specially protected property is or may be situated
State area—
State area: paragraph (a) of this definition was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting paragraph (a).
State area: paragraph (a)(v) of this definition was amended, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93) by inserting the words “, so far as it is saved by section 30(2) of the Foreshore and Seabed Act 2004”
after the expression “1991”
.
State area: paragraph (a)(va) of this definition was inserted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).
State area: paragraph (b) of this definition was amended, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93) by substituting the words “paragraphs (a)(v) and (a)(va)”
for the expression “paragraph (a)(v)”
.
State area: this definition was substituted, as from 1 December 1989, by section 2(4) Forest and Rural Fires Amendment Act 1989 (1989 No 120).
State area: this definition was amended as from 10 April 1990, by section 37 Conservation Law Reform Act 1990 (1990 No 31) by substituting the words “Part 4A of the Conservation Act 1987”
for the words “s 58(1) of the Land Act 1948”
.
State area: paragraph (k) of this definition was inserted, as from 25 November 1994, by section 4 Foreshore and Seabed Endowment Revesting Amendment Act 1994 (1994 No 113).
State area: this definition was substituted, as from 2 September 1996, by section 2(7) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
State area: paragraph (a)(vi) of this definition was amended, as from 17 May 2005, by section 3(3)(a) Forest and Rural Fires Amendment Act 2005 (2005 No 53) by substituting the word “but”
for the word “and”
.
State area: paragraph (b) of this definition was repealed, as from 17 May 2005, by section 3(3)(b) Forest and Rural Fires Amendment Act 2005 (2005 No 53).
State area: paragraph (c)(viii) and (ix) were inserted, as from 15 November 2000, by section 3 Forest and Rural Fires Amendment Act 2000 (2000 No 68).
State area: paragraph (c)(x) of this definition was inserted, as from 17 May 2005, by section 3(4) Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Sufficiently described, in respect of any area or parcel of land, or any structure or place, means that the area, parcel, structure or place is described or defined in any manner reasonably sufficient to show its location and extent, including description or definition—
to the approval of the relevant Fire Authority or Fire Authorities; and sufficiently describe and sufficient description have corresponding meanings
territorial area means the land within the boundaries of a territorial authority that is not otherwise included in—
Territorial area: this definition was inserted, as from 1 January 1991, by section 2(11) Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Territorial area: this definition was substituted, as from 17 May 2005, by section 3(5) Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Vegetation includes—
(a) All plants and the produce thereof, live or dead, standing, fallen, windblown, cut, broken, pulverised, sawn, or harvested, natural or disturbed, in use or as waste, rubbish, refuse or debris, stump, stubble, or otherwise; and
but does not include wood forming part of a structure or otherwise in processed form.