New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Every person commits an offence against this Act who, at any time,—
(a) negligently causes or permits any fire to spread to any State area, forest area, or specially protected property if—
(i) any vegetation or other property is thereby burnt or injured; or
(ii) the stability, structure, quality, or fertility of the soil is thereby injuriously affected; or
(b) leaves, without having taken due precaution against its spreading or causing injury to any State or forest area, or any specially protected property, any fire lit or kindled by him or the lighting or kindling of which he has aided or abetted or assisted.
(2) In any proceedings in respect of any offence under this section or any of sections 20, 21, 23, or 26, a certificate confirming the status of any lands in question—
(a) as to a national park or other State area, or the fire safety margin attached to a State area, by the Director-General of Conservation or Chief Surveyor for the relevant Land District; or
(b) [Repealed]
(c) as to any forest area (including the fire safety margin thereof) or specially protected property in any district (not being in a national park or other State area), under the seal of the Fire Authority for the district—
shall be conclusive proof of that status, unless the defendant proves to the contrary, and all plans, maps, certificates, and copies certified as true by the Director-General of Conservation or Chief Surveyor for the relevant Land District shall be sufficient evidence of their contents without production of original records and without the personal attendance of those officers or proof of their signatures.
(3) Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable under this section, pay the value of the damage to the national park or other State area or to any vegetation or other property thereon. That value or damage shall be assessed by the court in fixing the penalty and shall be recoverable in like manner as a fine.
Compare: 1955 No 44 s 22
Section 25(2): amended (with effect on 1 April 1987), on 1 July 1987, by section 8 of the Forest and Rural Fires Amendment 1987 (1987 No 119).
Section 25(2): amended, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).
Section 25(2)(a): amended, on 17 May 2005, by section 5(2) of the Forest and Rural Fires Amendment Act 2005 (2005 No 53).
Section 25(2)(a): amended, on 2 September 1996, by section 8(1) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 25(2)(a): amended (with effect on 1 April 1987), on 1 July 1987, by section 8 of the Forest and Rural Fires Amendment 1987 (1987 No 119).
Section 25(2)(b): repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).
Section 25(2)(c): amended, on 2 September 1996, by section 8(1) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
Section 25(3): amended, on 2 September 1996, by section 8(2) of the Forest and Rural Fires Amendment Act 1996 (1996 No 123).
