Forest and Rural Fires Amendment Act 1990

Forest and Rural Fires Amendment Act 1990

Public Act1990 No 137
Date of assent21 December 1990

Note

This Act is administered in the Department of Internal Affairs.


Contents

Title


BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Forest and Rural Fires Amendment Act 1990, and shall be read together with and deemed part of the Forest and Rural Fires Act 1977 (hereinafter referred to as the principal Act).

    (2) This Act shall come into force on the 1st day of January 1991.

2 Interpretation
  • (1) This subsection amended the definition of the term brigade in s 2(1) of the principal Act.

    (2) This subsection repealed the definition of the term county area in s 2(1) of the principal Act.

    (3) This subsection substituted a new definition for the original definition of the term district in s 2(1) of the principal Act.

    (4) This subsection substituted a new definition for the original definition of the term Fire Authority in s 2(1) of the principal Act.

    (5) [Repealed]

    (6) This subsection substituted definitions of the terms Minister, National Commander, National Rural Fire Officer, and National Rural Fire Authority for the original definition of the term Minister in s 2(1) of the principal Act.

    (7) The said section 2(1) is hereby further amended by repealing the definition of the term prescribed (as substituted by section 2(2) of the Forest and Rural Fires Amendment Act 1987).

    (8) [Repealed]

    (9) This subsection substituted a new definition for the original definition of the term Rural Fire Mediator or Mediator in s 2(1) of the principal Act.

    (10) This subsection substituted a new definition for the original definition of the term specially protected property in s 2(1) of the principal Act.

    (11) This subsection inserted the definition of the term territorial area in s 2(1) of the principal Act.

    (12) Section 2(2) of the Forest and Rural Fires Amendment Act 1987 is hereby consequentially repealed.

    Subsections (5) and (8) were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

3 Repeal of sections relating to delegation of powers
  • (1) The Forest and Rural Fires Act 1977 is hereby amended by repealing sections 3A and 3B (as inserted by section 3 of the Forest and Rural Fires Amendment Act 1987).

    (2) Section 3 of the Forest and Rural Fires Amendment Act 1987 is hereby consequentially repealed.

4 New sections substituted
  • This section substituted sections 4 to 6 of the principal Act.

5 Fire Authority in rural fire districts
  • This section substituted s 7 of the principal Act.

6 Rural fire committees
  • This section substituted s 8 of the principal Act.

7 Fire Authority's powers in areas of urban vegetation
  • This section amended s 9(b) of the principal Act.

8 Fire Authority in territorial areas
  • This section substituted s 10 of the principal Act.

9 Duties of Fire Authorities
  • (1) This subsection amended s 12(3) of the principal Act.

    (2) This subsection amended s 12(4)(g) of the principal Act.

    (3) This subsection amended s 12(4)(h) of the principal Act.

10 Joint, etc, exercise of statutory control powers
  • (1) This subsection amended s 14(3) of the principal Act.

    (2) This subsection amended s 14(5) of the principal Act.

11 Supply of apparatus and fire fighting services
  • This section amended s 15(3) of the principal Act.

12 Forest areas
  • (1) This subsection amended s 17(2) of the principal Act.

    (2) This subsection amended s 17(11) of the principal Act.

13 Obligations of Rural Fire Authorities and National Rural Fire Authority in respect of fire control measures
14 Fire control measures
  • This section amended s 19(1)(a) of the principal Act.

15 Prohibition of fires during extreme fire hazard
  • This section amended s 20(1) of the principal Act.

16 Prohibition of certain operations during period of fire hazard
  • This section amended s 21(1)(c) of the principal Act.

17 Restricted or prohibited fire seasons
  • This section substituted s 22(1) of the principal Act.

18 Appeal from notice to make firebreak or escape route or remove combustible material
  • This section amended s 28(1) of the principal Act.

19 Regulations may require maintenance of fire fighting equipment by rural fire committees
    • (a) This subsection amended s 30(1) of the principal Act.

    • (b) This subsection amended s 30(2) of the principal Act.

20 Maintenance of apparatus by persons cutting timber
  • This section amended s 33(2) of the principal Act.

21 Requisition by Fire Officer of assistance to extinguish fires
    • (a) This paragraph amended s 38(2) of the principal Act.

    • (b) This paragraph amended s 38(6) of the principal Act.

    • (c) This paragraph amended s 38(7) of the principal Act.

22 Regional fire emergency
23 Levy for costs of fire fighting in districts other than State areas
24 Appeals against levies and determinations
  • This section amended s 49(1) of the principal Act.

25 Payment of fire control costs following regional fire emergency
26 Appeal against apportionment of fire fighting costs in regional fire emergency
  • This section substituted s 52 of the principal Act.

27 Fire Authority may borrow money
  • This section amended s 54(1) of the principal Act.

28 New sections substituted
  • This section substituted sections 56 and 57 of the principal Act.

29 Inquiries as to fires
  • This section substituted s 59(1) of the principal Act.

30 Repeal of provisions relating to annual levy on fire authorities
31 Notices
32 New sections substituted
  • (1) This section substituted s 64, and inserted s 64A of the principal Act.

33 Annual report
  • This section substituted s 66 of the principal Act.

34 Regulations
  • This section amended s 67(1) of the principal Act.

35 Reserve powers of Ministry of Forestry
  • This section repealed s 68 of the principal Act.

36 Repeals
  • Sections 2(1)(a) and 7 of the Forest and Rural Fires Amendment Act 1987 are hereby repealed.

37 Transitional provisions in relation to documents, etc
  • (1) Without limiting any other provision of this Act or of the Acts Interpretation Act 1924, it is hereby declared that—

    • (a) The repeal or amendment or substitution of any provision of any Act by any provision of this Act shall not affect any document made or anything whatsoever done under the provision so repealed or amended or substituted and every such document or thing, so far as it is subsisting or in force at the time of the repeal or amendment or substitution and could have been made or done under the Forest and Rural Fires Act 1977 (as amended by this Act) shall continue to have effect as if it had been made or done under the corresponding provision of the Forest and Rural Fires Act 1977) (as amended by this Act); and

    • (b) Any Order in Council which has been made under section 4 or section 7 or section 8 or section 22 of the Forest and Rural Fires Act 1977, so far as that Order in Council is subsisting or in force at the time of the repeal or amendment or substitution of that section by this Act, shall continue to have effect as if it were a notice in the Gazette published under the corresponding provision of the Forest and Rural Fires Act 1977 (as amended by this Act).

    (2) Where any Order in Council continues to have effect by virtue of subsection (1)(b) of this section, the National Rural Fire Authority may, by notice in the Gazette made under the corresponding provision of the Forest and Rural Fires Act 1977 (as amended by this Act), amend any such Order in Council or declare that it shall cease to have effect.

38 Validation
  • Any action taken under the Forest and Rural Fires Act 1977 in the period beginning with the 1st day of October 1990 and ending with the close of the 31st day of December 1990 which would have been valid if the provisions of this Act and of the Fire Service Amendment Act 1990 that come into force on the 1st day of January 1991 had come into force on the 1st day of October 1990 is hereby declared to be and always to have been valid.