New Zealand Legislation: Acts
Acts are laws made by Parliament
(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)
broadcast means broadcast as defined in section 2 of the Broadcasting Act 1976
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—
(a) means any area of land—
(i) on which trees are managed or harvested, or both, so that income is thereby gained; and
(ii) to which the public has no access as of right; and
(b) includes any area of land that is the subject of a Crown forestry licence, whether or not there is a public right of access to that area; but
(c) does not include—
(i) any area of land on which trees are planted as a shelter belt to mitigate the effect of wind on adjoining pasture or crops or orchards; or
(ii) any area of land on which trees, shrubs, plants, or grasses are maintained under section 134 of the Soil Conservation and Rivers Control Act 1941;—
and commercial or semi-commercial forestry has a corresponding meaning
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
Director-General means the Director-General of Forests appointed under the Forests Act 1949; and includes any person for the time being authorised pursuant to that Act, or the State Sector Act 1988, or any other enactment, to exercise and perform the powers and duties of the Director-General of Forests
district means, as the case may require,—
(a) a territorial area; or
(b) a rural fire district; or
(c) a State area; or
(d) an area in respect of which the New Zealand Fire Service Commission has entered into an agreement or arrangement with a Fire Authority pursuant to sections 9(a) and 14(2), but only to the extent of that agreement or arrangement; or
(e) an area in respect of which a local authority exercises the functions of a Fire Authority pursuant to section 9(b), but only to the extent approved under that section by the New Zealand Fire Service Commission
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:
(b) for the maintenance of transport and communication facilities essential to the well-being of the community:
(c) for the maintenance of the health of the community:
(d) for the maintenance of law and order, public safety, and the defence of the State:
(e) for the preservation of property at immediate risk of destruction or deterioration
exotic forest means a forest, woodlot, or plantation comprised principally or entirely of tree species not indigenous to New Zealand
farming—
(a) includes—
(i) the use of land for orchards:
(ii) the use of trees as shelter belts to mitigate the effects of wind on pastures, crops, or orchards:
(iii) the maintenance of any area of land on which trees, shrubs, plants, or grasses are maintained under section 134 of the Soil Conservation and Rivers Control Act 1941:
(b) does not include farm forestry or any other type of commercial or semi-commercial forestry
Fire Authority,—
(a) in relation to a rural fire district, means—
(i) the rural fire committee in which the administration of the district is vested; or
(ii) the Minister of Conservation; or
(iii) the Minister of Defence (unless stated otherwise in the Gazette notice constituting the district):
(b) in relation to a State area, means the Minister of Conservation:
(c) in relation to the fire safety margin attached to a State area, means the Minister of Conservation to the extent provided by sections 11A and 11B:
(d) in relation to a territorial area, means the territorial authority having jurisdiction for the area:
(e) in relation to an area subject to an agreement made under section 14(1) or section 14(2), means the party appointed to act, to the extent provided by the agreement:
(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 control, in relation to forest, rural, and other areas of vegetation, means—
(a) the prevention, detection, control, restriction, suppression, and extinction of fire; and
(b) the safeguarding of life and property from damage and risk of damage by or in relation to 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
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 the common marine and coastal area or any reclaimed land that is subject to subpart 3 of Part 2 of the Marine and Coastal Area (Takutai Moana) Act 2011 (as defined in section 29(1) of that Act), means the land outside the State area that is within 1 km of the boundary of the State area, excluding any land—
(i) specified in a Gazette notice given under section 11B:
(ii) in a fire district within the meaning of the Fire Service Act 1975:
(iii) in a rural fire district; and
(b) in relation to a forest area, means the land outside the forest area but within such a distance (not exceeding 1 km) from the boundary of the forest area as is approved by the Fire Authority for the area; but
(c) does not include any land being the whole or part of a defence area within the meaning of the Defence Act 1990
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
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:
(b) all grazing areas, firebreaks, clearings (whether natural or otherwise), and burntover areas:
(c) areas containing thinnings, slash, sawdust, slabs, or other debris:
(d) areas of vegetation other than tree species:
(e) all banks, beds, arms, or shores of streams, creeks, reservoirs, rivers, or lakes, or of the sea:
(f) all earthworks (including dams and stopbanks):
(g) all buildings and other structures,—
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
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 1 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
Minister means the Minister of Internal Affairs
National Commander means the National Commander appointed under section 17M of the Fire Service Act 1975
National Rural Fire Authority means the National Rural Fire Authority constituted under section 14A(1) of the Fire Service Act 1975
National Rural Fire Officer means the National Rural Fire Officer appointed under section 17W of the Fire Service Act 1975
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
open air, in relation to fires, means otherwise than within—
(a) a fireplace (including any enclosed fireproof place or incinerator for combustion by fire) constructed and maintained in a dwelling or other structure or in any other place to the approval of the public or local authority having jurisdiction to issue the relevant permit to build such dwelling or structure or to authorise the construction or installation of the fireplace; or
(b) an incinerator operated by or with the written approval of the Director-General of Conservation or of a Fire Officer having jurisdiction to issue permits to light fires within the relevant district within which the State area is situated; or
(c) any barbecue, whether fixed or portable,—
(i) which is of a type or construction prescribed by regulations under this Act or authorised, specifically or generally, by the Fire Officer or Chief Fire Officer within whose jurisdiction the barbecue is to be used; and
(ii) which is used in any area so prescribed or authorised:
(d) such other receptacle or place as may from time to time be authorised by the Fire Authority for the relevant District or be prescribed
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
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); and includes a special permit issued pursuant to section 24
person includes any association, body, or authority, whether corporate or not
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 1 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:
(c) in relation to any State area for which no Principal Rural Fire Officer has been appointed by the Minister of Conservation, means any Rural Fire Officer appointed under section 13(3) and any warranted officer appointed under section 59(1) of the Conservation Act 1987
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
regional council means a regional council within the meaning of the Local Government Act 2002
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 committee means a rural fire committee constituted under this Act
rural fire district means a rural fire district constituted under this Act
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
specially protected property means property which, or the nature of which, has been defined, by notice in the Gazette, under section 6
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—
(a) subject to paragraph (c), means—
(i) any conservation area; and
(ii) any national park within the meaning of the National Parks Act 1980; and
(iii) any lands of the Crown within the meaning of section 176 of the Land Act 1948; and
(iv) any government purpose reserve within the meaning of section 22 of the Reserves Act 1977 that is classified under section 16 of that Act for the purpose of wildlife management or for other specified wildlife purposes; and
(v) the common marine and coastal area (as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(va) reclaimed land vested in the Crown under section 30 or 31 of that Act; and
(vi) any other land or class of land (whether or not vested in or administered by the Crown) declared by the Minister of Conservation by notice in the Gazette to be a State area for the purposes of this Act; but
(b) [Repealed]
(c) unless declared to be a State area by notice in the Gazette under paragraph (a)(vi), does not include—
(i) any area included in a rural fire district:
(ii) any conservation area for the time being expressly excluded from any State area by the Director-General of Conservation, by notice in the Gazette:
(iii) any Fire District within the meaning of the Fire Service Act 1975:
(iv) any land reserved from sale or other disposition under Part 4A of the Conservation Act 1987 or any former enactment:
(v) any reserve within the meaning of the Reserves Act 1977 that is controlled and managed by any administering body within the meaning of that Act:
(vi) any government purpose reserve within the meaning of section 22 of the Reserves Act 1977 that is classified under section 16 of that Act other than for the purpose of wildlife management or other specified wildlife purposes:
(vii) any local purpose reserve within the meaning of section 23 of the Reserves Act 1977:
(viii) any easement acquired and held for conservation purposes under section 7(2) of the Conservation Act 1987:
(ix) any right of way or other easement acquired for the purposes of section 12 of the Reserves Act 1977 and held for those purposes under that Act:
(x) any fire safety margin attached to a State area by operation of this Act
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—
(a) by physical features; or
(b) as all or part of the land controlled by 1 or more local authorities; or
(c) by boundaries marked by aerial photographs; or
(d) by any other sufficient or popular or untechnical reference—
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—
(a) a rural fire district; or
(b) a fire district within the meaning of the Fire Service Act 1975; or
(c) a State area; or
(d) a fire safety margin attached to a State area
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
(b) fossil fuel exposed at or lying within 20 metres of the surface of any land; and
(c) peat in any form;—
but does not include wood forming part of a structure or otherwise in processed form.
(2) Where any person is empowered or required to do or suffer any thing by or in relation to this Act, or in relation to fire control, but is—
(a) subject to any disability or incapacity, or is dead, or is for any other reason unable to do or suffer that thing, it shall be lawful and sufficient for the appropriate agent, assignee, receiver, liquidator, manager, guardian, trustee, or personal representative of that person to do or suffer that thing:
(b) an association, body, or authority, whether corporate or not, it shall be lawful or sufficient for a secretary, clerk, manager, director, chairman, mayor, committee member, or other appointee or holder of office, or for its solicitor, to do or suffer that thing as agent or representative for, on behalf of, in the name of or in the place of that association, body, or authority.
Compare: 1955 No 44 s 2
Section 2(1) brigade: amended, on 1 January 1991, by section 2(1) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) brigade: amended, on 20 October 1978, by section 2(4) of the Fire Service Amendment Act 1978 (1978 No 49).
Section 2(1) commercial or semi-commercial forest area: inserted, on 2 September 1996, by section 2(1) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) conservation area: substituted, on 1 December 1989, by section 2(2) of the Forest and Rural Fires Amendment Act 1989 (1989 No 120).
Section 2(1) Conservator of Forests: repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 2(1) county area: repealed, on 1 January 1991, by section 2(2) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) Director-General: amended, on 1 April 1988, pursuant to section 90(a) of the State Sector Act 1988 (1988 No 20).
Section 2(1) district: substituted, on 1 January 1991, by section 2(3) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) farming: inserted, on 2 September 1996, by section 2(1) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) Fire Authority: substituted, on 17 May 2005, by section 3(1) of the Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Section 2(1) fire safety margin: substituted, on 17 May 2005, by section 3(2) of the Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Section 2(1) fire safety margin paragraph (a): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Section 2(1) foreshore: inserted, on 25 November 1994, by section 4 of the Foreshore and Seabed Endowment Revesting Amendment Act 1994 (1994 No 113).
Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) maritime park: repealed, on 2 September 1996, by section 2(3) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) Minister: substituted, on 1 January 1991, by section 2(6) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) National Commander: inserted, on 1 January 1991, by section 2(6) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) National Rural Fire Authority: inserted, on 1 January 1991, by section 2(6) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) National Rural Fire Officer: inserted, on 1 January 1991, by section 2(6) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) open air paragraph (b): substituted, on 2 September 1996, by section 2(4) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) open season or open fire season: substituted, on 2 September 1996, by section 2(5) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) prescribed: repealed, on 1 January 1991, by section 2(7) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) Principal Fire Officer paragraph (a): amended (with effect on 1 April 1987), on 1 July 1987, by section 2(1)(b) of the Forest and Rural Fires Amendment 1987 (1987 No 119).
Section 2(1) Principal Fire Officer paragraph (c): amended, on 2 September 1996, by section 2(6)(a) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) Principal Fire Officer paragraph (c): amended (with effect on 1 April 1987), on 1 July 1987, by section 2(1)(b) of the Forest and Rural Fires Amendment 1987 (1987 No 119).
Section 2(1) property: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
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) Rural Fire Mediator or mediator: substituted, on 1 January 1991, by section 2(9) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) Secretary: repealed, on 2 September 1996, by section 2(6)(b) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) specially protected property: substituted, on 1 January 1991, by section 2(10) of the Forest and Rural Fires Amendment Act 1990 (1990 No 137).
Section 2(1) State area: substituted, on 2 September 1996, by section 2(7) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 2(1) State area paragraph (a)(v): substituted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Section 2(1) State area paragraph (a)(va): substituted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Section 2(1) State area paragraph (a)(vi): amended, on 17 May 2005, by section 3(3)(a) of the Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Section 2(1) State area paragraph (b): repealed, on 17 May 2005, by section 3(3)(b) of the Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Section 2(1) State area paragraph (c)(viii): added, on 15 November 2000, by section 3 of the Forest and Rural Fires Amendment Act 2000 (2000 No 68).
Section 2(1) State area paragraph (c)(ix): added, on 15 November 2000, by section 3 of the Forest and Rural Fires Amendment Act 2000 (2000 No 68).
Section 2(1) State area paragraph (c)(x): added, on 17 May 2005, by section 3(4) of the Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Section 2(1) territorial area: substituted, on 17 May 2005, by section 3(5) of the Forest and Rural Fires Amendment Act 2005 (2005 No 53).
