Fire and Emergency New Zealand Bill

  • enacted

Hon Peter Dunne

Fire and Emergency New Zealand Bill

Government Bill



4Transitional, savings, and related provisions
5Act binds the Crown
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
13APurpose and functions of local advisory committees
14Local advisory committees
16Matters relating to setting local advisory committee boundaries
18Operating principles for local advisory committees
19Obligation of board to local advisory committees
20Appointments to local advisory committees
21Certain provisions of Crown Entities Act 2004 apply to members of local advisory committees
21ALocal planning
21BFENZ must prepare and issue fire plan for each local area
21CAuthorised person for purposes of this Act and regulations under this Act
22Delegation of functions, duties, and powers
23Appointment to roles and ranks
24Appointments on merit
25Obligation to notify vacancies
26Obligation to notify appointments
27Review of appointments
27ASections 24 to 27 do not apply to appointments of FENZ employees in certain circumstances
28Board to prescribe health standards
29Form of, and communication of, health standards
30Board may require member of operational personnel to leave FENZ due to incapacity
31When operational employee required to leave FENZ ceases to be employee
32Appeal by volunteer against requirement to leave FENZ compulsorily
33Duty of FENZ in relation to volunteers
34FENZ to make advocacy and support services available to FENZ volunteers
35Alarm of fire or any fire reported
36Hazardous substance emergency
37Emergency that does not involve fire or hazardous substance
38Duty of authorised person to control and direct
39Powers of authorised person in relation to land, building, or structure
40Powers of authorised person in relation to vegetation
41Other powers of authorised person
42Power to destroy or dispose of any by-product
43Conclusive evidence of authority to perform function or duty or exercise power
44Sections 35 to 43 apply subject to certain enactments
45Power to use water for any emergency and training purposes
46Duty to notify hazardous substance agencies in case of hazardous substance emergencies
47Duty to provide reports to hazardous substance agencies
48Power of authorised person to direct personnel
49FENZ may prohibit fire in open air and prohibit or restrict other activities
50Fire in open air prohibited
51Prohibited activities
52Restricted activities
53Prohibited or restricted fire seasons
54Fire in open air during prohibited fire season
55Fire in open air during restricted fire season
55APermit must be produced for inspection when required
56Causing or allowing fire to get out of control and to spread
57Burning or smouldering substance in open air
58AAppeal against notice under section 58
58BLandholder must comply with notice under section 58
58CRemoval or destruction of vegetation or other thing increasing fire risk
58DAppeal against notice under section 58C
58EOwner or occupier must comply with notice under section 58C
58FRemoval or destruction of vegetation or other thing that is source of imminent danger
59Organisation and maintenance of industry brigades
60Agreements relating to industry brigades
61Powers of industry brigades
62Minister may approve code of practice for firefighting water supplies
63Duty to develop, consult on, recommend the approval of, and publish and notify code of practice for firefighting water supplies
64Powers in relation to checks as to adequacy of firefighting water supplies
65Relevant building defined for purposes of sections 66 to 68
66Owner must provide and maintain evacuation scheme for relevant building
67Owner must apply to FENZ for approval of evacuation scheme
67AFENZ may revoke, or require variation of, approved evacuation scheme
68District Court order closing relevant building
69Purpose of this Part
70Interpretation in this Part
71Meaning of amount insured
72Declared value
73Levy payable on motor vehicles
74Levy payable on other property
75Insurer must pay levy to FENZ
76Circumstances where policyholder or broker or insurance intermediary must pay levy to FENZ
77When levy must be paid
78Policyholder must pay amount of levy to insurer
79Insurer must identify levy on invoice, etc
80FENZ may release insurer from liability
81Joint and several liability
84Levy payer must make return
85Levy payers and insurance intermediaries must keep records for 7 years
86Power to require information
87Persons required to provide information have privileges of witnesses in court
88Confidentiality of information and documents
89Conditions relating to publication or disclosure of information or documents
90Offence to provide false or misleading information
90ALevy shortfall and shortfall penalties must be recovered under subpart 4A
91Levy avoidance arrangement void
92FENZ’s power to determine liability for levy in case of levy avoidance arrangement
92AInterpretation and other matters related to shortfall penalties
93Not taking reasonable care
94Unacceptable levy position
95Gross carelessness
96Abusive levy position
97Reduction of penalty for previous behaviour
97AReduction of penalty for disclosure of unacceptable levy position
97BReduction of penalty for voluntary disclosure of levy shortfall
97CJoint and several liability of person involved in levy shortfall
98When shortfall penalties must be paid
98ABurden of proof in dispute relating to levy shortfall or shortfall penalty
98BTime limit for assessment of levy
98CMinister may approve forms
98DFENZ may provide notice of levy shortfall to levy payer and to person liable for shortfall penalty
98EContent of notice of levy shortfall
98FNotice of response
98GDeemed acceptance of notice of levy shortfall
98HFENZ may provide new notice of levy shortfall to add respondent
98INext step if parties do not agree
98JFENZ’s statement of position
98KRespondent’s statement of position
98LDeemed acceptance of FENZ’s statement of position
98MFENZ may provide new notice of levy shortfall to add respondent
98NReferral for adjudication
98OConduct of adjudication
98PDecision of adjudicator
98SAppointment of adjudicators
98TRemoval of adjudicators
98URemuneration of adjudicators
98VTest cases
98WDecisions to be made available
99Purpose of section 100
100Interest on unpaid and overpaid levy and shortfall penalty
101Amount of interest payable
102Interest priority
103Interest payable immediately
104Levy regulations
105Procedure for levy regulations
106Consultation about levy regulations
107Interpretation in this subpart
108Policy for fire control in relation to public conservation land and additional land
109Review of policy for fire control in relation to public conservation land and additional land
110Agreement with Department of Conservation
111Agreement with New Zealand Defence Force
112Functions, duties, and powers of Chief of Defence Force in relation to defence area
113Command of defence fire brigade and any other personnel
114Memorandum of understanding with Ministry of Education
115Proceedings for infringement offence
116Infringement notices
116APower of authorised person to demand information
117Payment of infringement fees
118Offence to impersonate personnel with intent to deceive
119Offence to knowingly give false alarm of fire
120Offence to interfere with exercise of powers and duties under Act
121Offence to knowingly or recklessly store spontaneously combustible material in breach of requirements
122Damage in firefighting to be damage by fire within meaning of contract of fire insurance
123Limitation of liability
124Defences in actions or proceedings relating to designated services
125Application of sections 120 to 126 of Crown Entities Act 2004 to volunteers
126Damage and liability provisions in relation to defence fire brigades
127Interpretation in this subpart
128Appointment of FENZ inspectors
129Identity cards
130Suspension and ending of appointment of FENZ inspectors
131FENZ inspectors subject to directions from FENZ
132Powers of entry and inspection
133Power to enter homes and marae
134Power to deal with cause of imminent danger
135Power to take samples and other objects and things
136Power of FENZ to authorise making of applications for search warrants
137Power to restrict or prohibit entry to sites
137AApplication to FENZ for access to sites to which entry is prohibited or restricted
137BApplication to District Court for access to sites to which entry is prohibited or restricted
138Duty to develop dispute resolution scheme
139Principles of dispute resolution scheme
140Content of rules of dispute resolution scheme
142Approval and publication of dispute resolution scheme
143Participation is voluntary
144Other proceedings
145District Court to enforce dispute resolution scheme
148General regulation-making power
149Regulations relating to operating processes for local advisory committees
150Regulations relating to fire plans
151Regulations relating to permits for fires in open air
152Regulations relating to fire safety and evacuation procedures in relation to buildings
153Regulations relating to evacuation schemes for relevant building
154Status of FENZ under Reserves Act 1977
155FENZ may acquire or take and hold land under the Public Works Act 1981
158Consequential amendments
159Amendments to Local Government Act 2002
160New section 152B inserted (Effect of Fire and Emergency New Zealand Act 2016 on bylaws)
152BEffect of Fire and Emergency New Zealand Act 2016 on bylaws
161Sections 183 and 184 and cross-heading above section 183 repealed
Legislative history

The Parliament of New Zealand enacts as follows: