152B Effect of Fire and Emergency New Zealand Act 2017 on bylaws

(1)

If a territorial authority is satisfied, after consultation with Fire and Emergency New Zealand, that it is appropriate to amend or revoke a relevant fire bylaw, the territorial authority may, despite anything in this Act, amend or revoke the bylaw by resolution publicly notified without being required to—

(a)

consult in accordance with section 82; or

(b)

use the special consultative procedure set out in section 83.

(2)

In subsection (1), relevant fire bylaw means a bylaw that—

(a)

relates to the removal of fire hazards; or

(b)

declares prohibited or restricted fire seasons; or

(c)

prohibits or otherwise regulates or controls the lighting of fires in open air; or

(d)

relates to the prevention of the spread of fires involving vegetation.

(3)

If any bylaw made by a territorial authority is inconsistent with the Fire and Emergency New Zealand Act 2017 or any regulations or notice under that Act,—

(a)

the Act, regulations, or notice prevails and the bylaw has no effect to the extent of the inconsistency; and

(b)

the territorial authority must amend or revoke the bylaw to remove the inconsistency.

(4)

The territorial authority may, despite anything in this Act, amend or revoke the bylaw to remove the inconsistency by resolution publicly notified, without being required to—

(a)

consult in accordance with section 82; or

(b)

use the special consultative procedure set out in section 83.

(5)

A territorial authority must not make a bylaw that is inconsistent with the Fire and Emergency New Zealand Act 2017 or any regulations or notice under that Act.

Section 152B: inserted, on 1 July 2017, by section 199 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).