New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Any 2 or more Fire Authorities may, in such manner and on such terms as they may from time to time deem appropriate, act together in the exercise of their powers under this Act, and may, upon such terms and conditions as they agree to between themselves, jointly appoint Rural Fire Officers and such other persons as they consider necessary for that purpose.
(2) The powers of any Fire Authority and of its Fire Officers under and in the enforcement of this Act and any regulations made thereunder, and the powers of any Minister of the Crown or other person under any other Act or regulation, or any rule or bylaw, or any instrument, in respect of fire control may, in accordance with and to the extent of such agreements or arrangements as may be entered into from time to time, be exercised by any Fire Authority and its Fire Officers, or by any agent, representative, or nominee of such Minister or other person:
Provided that this section shall not preclude any Fire Officer from exercising the powers conferred on him by section 20(2) or section 21 of this Act:
Provided also that where any fire has spread or may spread into or from any district, the Fire Authority for that district may exercise or continue to exercise outside of its district, in respect of that fire, all fire control measures it considers necessary pending their being taken over by another Authority or other person having due jurisdiction; and the first-mentioned Authority shall to that extent be deemed to have acted as agent under this section for that other Authority or person.
(3) Any dispute or difference in respect of any terms, conditions, agreements, or arrangements made or sought pursuant to this section for the exercise of fire control powers provided by this Act shall on application by any party thereto be decided in the public interest by a Rural Fire Mediator
(4) The exercise of any power purporting to have been conferred pursuant to this section shall not be questioned or avoided on the grounds solely that such power was not conferred or exercised by writing or under seal:
Provided that this subsection shall not apply to any levy under any of sections 45, 46, 46A,, and 48 of this Act.
(5) [Repealed]
(5A) [Repealed]
(5B) [Repealed]
(6) All agreements and arrangements heretofore made that would have been valid if made under this section are hereby validated and confirmed as if they had been made after this section came into force.
Compare: 1955 No 44 s 14
Subsection (3) was amended, as from 1 April 1987, by section 2(1)(a) Forest and Rural Fires Amendment Act 1987 (1987 No 119) by inserting the words “of Forestry”
.
Subsection (3) was amended as from 1 January 1991, by section 10(1) Forest and Rural Fires Amendment Act 1990 (1990 No 137) by omitting the words “appointed by the Ministry of Forestry”
.
Subsection (4) proviso was amended, as from 1 July 1986, by section 18(a), Fire Service Amendment Act 1986 (1986 No 18) by omitting the expression “47”
.
Subsection (4) proviso was amended, as from 2 September 1996, by section 6(1) Forest and Rural Fires Amendment Act 1996 (1996 No 123) by inserting the expression “46A,”
.
Subsection (5)(a) and (b) were amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by inserting the words “of Conservation”
after the word “Minister”
.
Subsection (5) was amended, as from 1 January 1991, by section 10(2) Forest and Rural Fires Amendment Act 1990 (1990 No 137) by substituting the words “National Rural Fire Authority by notice in the Gazette”
for the words “Minister by notice in the Gazette”
.
Subsection (5) was repealed, as from 17 May 2005, by section 7 Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Subsections (5A) and (5B) were inserted, as from 2 September 1996, by section 6(2) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Subsections (5A) and (5B) were repealed, as from 17 May 2005, by section 7 Forest and Rural Fires Amendment Act 2005 (2005 No 53).