New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Every person commits an offence against this Act who sets on fire, or assists to set on fire, or causes or permits to be set on fire, or aids, abets or assists in setting on fire, in the open air, any vegetation or any other combustible material whatsoever, except—
(a) In the case of an open season,—
(i) Within any State area, pursuant to an authority or permit from a Fire Officer for that area:
(ii) Within a forest area, the fire safety margin of a forest area, or a specially protected site (not being an area, margin, or site within a State area), pursuant to an authority or permit from a Fire Officer for the district:
(iii) Within all other areas (including the fire safety margin attached to a State area), without need for an authority or permit of a Fire Officer as long as no warning under section 20 of this Act or order under section 21 of this Act is operative:
(b) In the case of a restricted season,—
(i) Within any State area or the fire safety margin attached to any State area, pursuant to an authority or permit from a Fire Officer for the area:
(ii) Within all other areas, pursuant to an authority or permit from a Fire Officer for the district:
(c) In the case of a prohibited season and, notwithstanding paragraphs (a) and (b) of this subsection, in any area in respect of which a warning under section 20 of this Act or order under section 21 of this Act is operative, pursuant to a special permit under section 24 of this Act.
(2) Every permit or authority for any specified person to do any act for which a permit or authority is required under this section—
(a) Shall at the time of issue be recorded in writing in the prescribed form (if any), and shall thereupon become effective; and a copy thereof shall be immediately handed to, or as soon as possible transmitted to, that person; and
(b) May in addition to such writing be communicated to such person by any convenient means, oral or otherwise, to enable him to act upon it as soon as possible:
Provided that in the event of any dispute or doubt the writing so recorded shall prevail in the absence of conclusive evidence otherwise; and
(c) Shall be evidenced by such person, within a reasonable time after he is required to do so by a member of the Police or Fire Officer, by production of his copy of the permit or authority.
(3) Every permit, special permit, authority, approval, consent, or other fire control measure (hereinafter in this section referred to as a permit) issued pursuant to this Act to allow the lighting of a fire in the open air shall be deemed to have been issued subject to the following conditions:
(a) No fire shall be lit while a strong wind is blowing or when conditions are such that the fire is likely to spread beyond the limits of the land or other property in respect of which the permit was issued:
(b) Except in the case of a special permit under section 24 of this Act—
(i) The permit shall be deemed suspended during such time as any warning under section 20 or order under section 21 of this Act is in force; and
(ii) The permittee shall, immediately before lighting the fire, reasonably confirm that no such warning or order is currently in force:
(c) Nothing in this section or in any such permit shall be deemed to relieve any person from liability for any actionable damage sustained by any other person in consequence of any act, matter or thing done by the first-mentioned person under any such permit as aforesaid, or to impose upon any Fire Officer or Fire Authority any liability by reason of the issue of such permit.
(4) Any Fire Officer or Fire Authority may, for the purposes of fire control, withhold the issue of a permit where in his or its reasonable opinion the use of the permit would not be in the public interest.
Compare: 1955 No 44 s 21
Subsection (1)(a)(i) was amended, as from 1 April 1981, by section 80(1) National Parks Act 1980 (1980 No 66) by inserting the words “Director-General of Lands or, in the case of a Maritime Park,”
.
Subsection (1)(a)(i) was amended, as from 1 April 1987, by section 2(1)(d) Forest and Rural Fires Amendment Act 1987 (1987 No 119) by substituting the words “Conservation”
for the words “Lands”
.
Subsection (1)(a)(ii) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by omitting the words “or an authority or permit under the Forests Act 1949”
.
Subsection (1)(a) was substituted, as from 2 September 1996, by section 7(1) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Subsection (1)(a)(iii) was amended, as from 17 May 2005, by section 5(1)(a) Forest and Rural Fires Amendment Act 2005 (2005 No 53) by substituting the words “attached to”
for the word “of”
in the first place where it occurs.
Subsection (1)(b)(i) was amended, as from 1 April 1981, by section 80(1) National Parks Act 1980 (1980 No 66) by inserting the words “Director-General of Lands or, in the case of a Maritime Park,”
.
Subsection (1)(b)(i) was amended, as from 1 April 1987, by section 2(1)(d) Forest and Rural Fires Amendment Act 1987 (1987 No 119) by substituting the words “Conservation”
for the words “Lands”
.
Subsection (1)(b)(i) was amended, as from 17 May 2005, by section 5(1)(b) Forest and Rural Fires Amendment Act 2005 (2005 No 53) by substituting the words “attached to”
for the word “of”
.
Subsection (1)(b)(ii) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by omitting the words “or an authority or permit under the Forests Act 1949”
.
Subsection (1)(b) was substituted, as from 2 September 1996, by section 7(1) Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Subsection (3)(c) was amended, as from 2 September 1996, by section 7(2) Forest and Rural Fires Amendment Act 1996 (1996 No 123) by substituting the words “or Fire Authority”
for the words “, Fire Authority, or Park Board”
.
Subsection (4) was amended, as from 2 September 1996, by section 7(2) Forest and Rural Fires Amendment Act 1996 (1996 No 123) by substituting the words “or Fire Authority”
for the words “, Fire Authority, or Park Board”
.