Coat of Arms of New Zealand

Fire and Emergency New Zealand Act 2017

Public Act
 
2017 No 17
Date of assent
 
11 May 2017
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purpose
4Transitional, savings, and related provisions
5Act binds the Crown
6Interpretation
7Meaning of rendering safe
8Continuation of Fire and Emergency New Zealand
9Board of FENZ
10FENZ’s principal objectives
11Main functions of FENZ
12Additional functions of FENZ
13Operating principles of FENZ
14Purpose and functions of local advisory committees
15Local advisory committees
16Matters relating to setting local advisory committee boundaries
17Operating principles for local advisory committees
18Obligation of board to local advisory committees
19Appointments to local advisory committees
20Certain provisions of Crown Entities Act 2004 apply to members of local advisory committees
21Local planning
22FENZ must prepare and issue fire plan for each local area
23Authorised person for purposes of this Act and regulations under this Act
24Delegation of functions, duties, and powers
25Appointment to roles and ranks
26Appointments on merit
27Obligation to notify vacancies
28Obligation to notify appointments
29Review of appointments
30Sections 26 to 29 do not apply to appointments of FENZ employees in certain circumstances
31Board to prescribe health standards
32Form of, and communication of, health standards
33Board may require member of operational personnel to leave FENZ due to incapacity
34When operational employee required to leave FENZ ceases to be employee
35Appeal by volunteer against requirement to leave FENZ compulsorily
36Duty of FENZ in relation to volunteers
37FENZ to make advocacy and support services available to FENZ volunteers
38Alarm of fire or any fire reported
39Hazardous substance emergency
40Emergency that does not involve fire or hazardous substance
41Duty of authorised person to control and direct
42Powers of authorised person in relation to land, building, or structure
43Powers of authorised person in relation to vegetation
44Other powers of authorised person
45Power to destroy or dispose of any by-product
46Conclusive evidence of authority to perform function or duty or exercise power
47Sections 38 to 46 apply subject to certain enactments
48Power to use water for any emergency and training purposes
49Duty to notify hazardous substance agencies in case of hazardous substance emergencies
50Duty to provide reports to hazardous substance agencies
51Power of authorised person to direct personnel
52FENZ may prohibit fire in open air and prohibit or restrict other activities
53Fire in open air prohibited
54Prohibited activities
55Restricted activities
56Prohibited or restricted fire seasons
57Fire in open air during prohibited fire season
58Fire in open air during restricted fire season
59Permit must be produced for inspection when required
60Causing or allowing fire to get out of control and to spread
61Burning or smouldering substance in open air
62Firebreaks
63Appeal against notice under section 62
64Landholder must comply with notice under section 62
65Removal or destruction of vegetation or other thing increasing fire risk
66Appeal against notice under section 65
67Owner or occupier must comply with notice under section 65
68Removal or destruction of vegetation or other thing that is source of imminent danger
69Organisation and maintenance of industry brigades
70Agreements relating to industry brigades
71Powers of industry brigades
72Minister may approve code of practice for firefighting water supplies
73Duty to develop, consult on, recommend the approval of, and publish and notify code of practice for firefighting water supplies
74Powers in relation to checks as to adequacy of firefighting water supplies
75Relevant building defined for purposes of sections 76 to 79
76Owner must provide and maintain evacuation scheme for relevant building
77Owner must apply to FENZ for approval of evacuation scheme
78FENZ may revoke, or require variation of, approved evacuation scheme
79District Court order closing relevant building
80Purpose of this Part
81Interpretation in this Part
82Meaning of amount insured
83Declared value
84Levy payable on motor vehicles
85Levy payable on other property
86Insurer must pay levy to FENZ
87Circumstances where policyholder or insurance intermediary must pay levy to FENZ
88When levy must be paid
89Policyholder must pay amount of levy to insurer
90Insurer must identify levy on invoice, etc
91FENZ may release insurer from liability
92Joint and several liability
93Levy payer must make return
94Levy payers and insurance intermediaries must keep records for 7 years
95Power to require information
96Persons required to provide information have privileges of witnesses in court
97Confidentiality of information and documents
98Conditions relating to publication or disclosure of information or documents
99Offence to provide false or misleading information
100Levy shortfall and shortfall penalties must be recovered under subpart 5
101Levy avoidance arrangement void
102FENZ’s power to determine liability for levy in case of levy avoidance arrangement
103Interpretation and other matters related to shortfall penalties
104Not taking reasonable care
105Unacceptable levy position
106Gross carelessness
107Abusive levy position
108Reduction of penalty for previous behaviour
109Reduction of penalty for disclosure of unacceptable levy position
110Reduction of penalty for voluntary disclosure of levy shortfall
111Joint and several liability of person involved in levy shortfall
112When shortfall penalties must be paid
113Burden of proof in dispute relating to levy shortfall or shortfall penalty
114Time limit for assessment of levy
115Minister may approve forms
116FENZ may provide notice of levy shortfall to levy payer and to person liable for shortfall penalty
117Content of notice of levy shortfall
118Notice of response
119Deemed acceptance of notice of levy shortfall
120FENZ may provide new notice of levy shortfall to add respondent
121Next step if parties do not agree
122FENZ’s statement of position
123Respondent’s statement of position
124Deemed acceptance of FENZ’s statement of position
125FENZ may provide new notice of levy shortfall to add respondent
126Referral for adjudication
127Conduct of adjudication
128Decision of adjudicator
129Costs
130Appeal
131Appointment of adjudicators
132Removal of adjudicators
133Remuneration of adjudicators
134Test cases
135Decisions to be made available
136Purpose of section 137
137Interest on unpaid and overpaid levy and shortfall penalty
138Amount of interest payable
139Interest priority
140Interest payable immediately
141Levy regulations
142Procedure for levy regulations
143Consultation about levy regulations
144Interpretation in this subpart
145Policy for fire control in relation to public conservation land and additional land
146Review of policy for fire control in relation to public conservation land and additional land
147Agreement with Department of Conservation
148Agreement with New Zealand Defence Force
149Functions, duties, and powers of Chief of Defence Force in relation to defence area
150Command of defence fire brigade and any other personnel
151Memorandum of understanding with Ministry of Education
152Proceedings for infringement offence
153Infringement notices
154Power of authorised person to demand information
155Payment of infringement fees
156Offence to impersonate personnel with intent to deceive
157Offence to knowingly give false alarm of fire
158Offence to interfere with exercise of powers and duties under Act
159Offence to knowingly or recklessly store spontaneously combustible material in breach of requirements
160Damage in firefighting to be damage by fire within meaning of contract of fire insurance
161Limitation of liability
162Defences in actions or proceedings relating to designated services
163Application of sections 120 to 126 of Crown Entities Act 2004 to volunteers
164Damage and liability provisions in relation to defence fire brigades
165Interpretation in this subpart
166Appointment of FENZ inspectors
167Identity cards
168Suspension and ending of appointment of FENZ inspectors
169FENZ inspectors subject to directions from FENZ
170Powers of entry and inspection
171Power to enter homes and marae
172Power to deal with cause of imminent danger
173Power to take samples and other objects and things
174Power of FENZ to authorise making of applications for search warrants
175Power to restrict or prohibit entry to sites
176Application to FENZ for access to sites to which entry is prohibited or restricted
177Application to District Court for access to sites to which entry is prohibited or restricted
178Duty to develop dispute resolution scheme
179Principles of dispute resolution scheme
180Content of rules of dispute resolution scheme
181Consultation
182Approval and publication of dispute resolution scheme
183Participation is voluntary
184Other proceedings
185District Court to enforce dispute resolution scheme
186Appeals
187General regulation-making power
188Regulations relating to operating processes for local advisory committees
189Regulations relating to fire plans
190Regulations relating to permits for fires in open air
191Regulations relating to fire safety and evacuation procedures in relation to buildings
192Regulations relating to evacuation schemes for relevant building
193Status of FENZ under Reserves Act 1977
194FENZ may acquire or take and hold land under the Public Works Act 1981
195Repeals
196Revocations
197Consequential amendments
198Amendments to Local Government Act 2002
199New section 152B inserted (Effect of Fire and Emergency New Zealand Act 2017 on bylaws)
152BEffect of Fire and Emergency New Zealand Act 2017 on bylaws
200Sections 183 and 184 and cross-heading above section 183 repealed
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: