Fire Service Regulations 2003

  • revoked
  • Fire Service Regulations 2003: revoked, on 1 July 2017, by section 196(b) of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Reprint as at 1 July 2017

Coat of Arms of New Zealand

Fire Service Regulations 2003

(SR 2003/241)

Fire Service Regulations 2003: revoked, on 1 July 2017, by section 196(b) of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 8th day of September 2003

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Department of Internal Affairs.

Pursuant to sections 48(13) and 92(2) of the Fire Service Act 1975, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Fire Service Regulations 2003.

2 Commencement

These regulations come into force on 1 November 2003.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Fire Service Act 1975

owner has the same meaning as owner of property in section 47B of the Act.

(2)

In these regulations, a reference to a numbered form is a reference to the form so numbered in the Schedule.

4 Return if agent negotiates fire insurance with company not carrying on business in New Zealand

(1)

A return for the purposes of section 49(2) of the Act must be in form 1.

(2)

A declaration for the purposes of section 49(3) of the Act must be in form 2.

5 Return if owner negotiates fire insurance with company not carrying on business in New Zealand

(1)

A return for the purposes of section 49A(2) of the Act must be in form 3.

(2)

If the return is signed by a representative of the owner, evidence of the representative’s authority to act for the owner must be attached to the return.

(3)

A declaration for the purposes of section 49A(3) must be in form 2.

6 Return if owner negotiates cover for loss from fire with person other than insurance company

(1)

A return for the purposes of section 49B(2) of the Act must be in form 4.

(2)

If the return is signed by a representative of the owner, evidence of the representative’s authority to act for the owner must be attached to the return.

(3)

A declaration for the purposes of section 49B(3) of the Act must be in form 5.

7 Certificate if owner negotiates fire insurance with company carrying on business in New Zealand

(1)

A certificate for the purposes of section 50(2) of the Act must be in form 6.

(2)

If the insurance company completes the certificate,—

(a)

the certificate must be signed by an officer, agent, or other representative of the company; and

(b)

evidence of the officer, agent, or representative’s authority to act for the company must be attached to the certificate.

(3)

If the certificate is signed by a representative of the owner, evidence of the representative’s authority to act for the owner must be attached to the certificate.

8 Declaration of evidence of insurance arrangements

A declaration for the purposes of section 51A(1) of the Act must be in form 7.

9 Offences and penalties

(1)

Every person commits an offence who, being a person required by the Act to complete any return, certificate, or declaration in accordance with these regulations,—

(a)

fails to complete the return, certificate, or declaration in the manner specified:

(b)

makes on any return, certificate, or declaration a false or misleading statement or entry of information:

(c)

fails to provide any additional information required by any regulation:

(d)

makes in any additional information required by any regulation any false or misleading statement or entry of information.

(2)

Every person who commits an offence against these regulations is liable on conviction to a fine not exceeding $100.

Regulation 9(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule Forms

rr 4, 5, 6, 7, 8

Form 1 Return if agent negotiates fire insurance with company not carrying on business in New Zealand

r 4

Section 49(2) of the Fire Service Act 1975

ToThe New Zealand Fire Service Commission
PO Box 2133
Wellington
TAX INVOICE
Buyer Created Tax Invoice—IRD Approved
GST No 10 162 157
  • 1

    For the purposes of section 49(1) of the Fire Service Act 1975, I negotiated a contract of fire insurance for the property referred to in paragraph 3.

  • 2

    For the purposes of section 49(2) of the Fire Service Act 1975, I am the agent of the insurance company providing cover for the property referred to in paragraph 3.

  • 3

    Name of property owner:

    Postal address of property owner:

    Name of insurance company providing cover:

    Postal address of insurance company providing cover:

    Period of contract of insurance:

    Type of propertyAmount for
    which property
    is insured1
    Indemnity
    value
    Levy payable
    Residential buildings$$$
    Personal property$$$
    Other property [specify]$$
    Number insuredLevy payable
    Motor vehicles2$
  • 4

    Amount of levy payable (excluding GST): NZ$

    Amount of GST on levy: NZ$

    Total amount of payment: NZ$

  • 5

    To the best of my knowledge or belief the levy payment enclosed is correct.

Signed: .

[specify whether person signing is agent or representative of the agent]3

[if person is signing as representative of agent, attach evidence of authorisation]

Date: .

NOTES:
1To determine the amount for which the property is insured against fire refer to section 48(6) of the Fire Service Act 1975. If the levy is calculated on the indemnity value of the property, attach a copy of the declaration or valuation required under section 48(6)(c).
2As defined in section 47B of the Fire Service Act 1975.
3Agent has the same meaning as in section 49(1) of the Fire Service Act 1975.

Form 2 Declaration if agent or owner makes payment to company not carrying on business in New Zealand for indemnity for fire risk

rr 4, 5

Sections 49(3) and 49A(3) of the Fire Service Act 1975

ToThe New Zealand Fire Service Commission
PO Box 2133
Wellington

I, [full name] of [place of residence], [occupation] do solemnly and sincerely declare—

  • 1(a)

    for the purposes of section 49(1) of the Fire Service Act 1975, I negotiated a contract of insurance for the property referred to in paragraph 2; and

  • 1(b)

    for the purposes of section 49(3) of the Fire Service Act 1975, I am the agent of the company providing indemnity for the property referred to in paragraph 2.

or
  • 1

    I am the owner of the property referred to in paragraph 2.

  • 2

    Name of property owner:

    Postal address of property owner:

    Name of company, corporation, partnership, or person providing cover:

    Postal address of company, corporation, partnership, or person providing cover:

    Period of cover:

    Type of propertyAmount for
    which property
    is insured1
    Indemnity
    value
    Levy payable
    Residential buildings$$$
    Personal property$$$
    Other property [specify]$$
    Number insuredLevy payable
    Motor vehicles2$
  • 3

    I have transferred or credited [amount in $NZ] out of New Zealand to [insert name of company, corporation, partnership, or person] for the purposes of providing payment for the indemnity for the property referred to in paragraph 2.

  • 4

    The levy amount of $ [specify] was paid on [date] by [describe method of payment, eg, cheque, direct credit].

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Signed: .

Declared at [place] this [date].

Before me: .

Justice of the Peace, Solicitor of the High Court of New Zealand, or other person authorised to take a statutory declaration.

NOTES:
1To determine the amount for which the property is insured against fire refer to section 48(6) of the Fire Service Act 1975. If the levy is calculated on the indemnity value of the property, attach a copy of the declaration or valuation required under section 48(6)(c).
2As defined in section 47B of the Fire Service Act 1975.

Form 3 Return if owner negotiates fire insurance with company not carrying on business in New Zealand

r 5

Section 49A(2) of the Fire Service Act 1975

ToThe New Zealand Fire Service Commission
PO Box 2133
Wellington
TAX INVOICE
Buyer Created Tax Invoice—IRD Approved
GST No 10 162 157
  • 1

    I am the owner of the property referred to in paragraph 2.

  • 2

    Name of property owner:

    Postal address of property owner:

    Name of insurance company providing cover:

    Postal address of insurance company providing cover:

    Period of contract of insurance:

    Type of propertyAmount for
    which property
    is insured1
    Indemnity
    value
    Levy payable
    Residential buildings$$$
    Personal property$$$
    Other property [specify]$$
    Number insuredLevy payable
    Motor vehicles2$
  • 3

    Amount of levy payable (excluding GST): NZ$

    Amount of GST on levy: NZ$

    Total amount of payment: NZ$

  • 4

    To the best of my knowledge or belief the levy payment enclosed is correct.

Signed: .

[specify whether person signing is agent or representative of the owner]

[if person is signing as a representative of the owner, attach evidence of authorisation]

Date: .

NOTES:
1To determine the amount for which the property is insured against fire refer to section 48(6) of the Fire Service Act 1975. If the levy is calculated on the indemnity value of the property, attach a copy of the declaration or valuation required under section 48(6)(c).
2As defined in section 47B of the Fire Service Act 1975.

Form 4 Return if owner makes payment for cover similar to contract of fire insurance

r 6

Section 49B(2) of the Fire Service Act 1975

ToThe New Zealand Fire Service Commission
PO Box 2133
Wellington
TAX INVOICE
Buyer Created Tax Invoice—IRD Approved
GST No 10 162 157
  • 1

    I am the owner of the property referred to in paragraph 2.

  • 2

    The property is covered by an indemnity, reserve, or fund similar or analogous to a contract of fire insurance.

    Type of propertyAmount for
    which property
    is insured1
    Indemnity
    value
    Levy payable
    Residential buildings$$$
    Personal property$$$
    Other property [specify]$$
    Number insuredLevy payable
    Motor vehicles2$
  • 3

    Amount of levy payable (excluding GST): NZ$

    Amount of GST on levy: NZ$

    Total amount of payment: NZ$

  • 4

    Cover for future loss or damage to the property is provided by: [name and postal address of company, partnership, corporation, person, etc, with whom the arrangement is made]

    For the period: [period of the arrangement to which levy payment relates]

  • 5

    To the best of my knowledge or belief the levy payment enclosed is correct.

Signed: .

[specify whether person signing is owner or representative of the owner]

[if person is signing on behalf of owner, attach evidence of authorisation]

Date: .

NOTES:
1To determine the amount for which the property is insured against fire refer to section 48(6) of the Fire Service Act 1975. If the levy is calculated on the indemnity value of the property, attach a copy of the declaration or valuation required under section 48(6)(c).
2As defined in section 47B of the Fire Service Act 1975.

Form 5 Declaration if owner transfers money out of New Zealand for payment of cover similar to contract of fire insurance

r 6

Section 49B(3) of the Fire Service Act 1975

ToThe New Zealand Fire Service Commission
PO Box 2133
Wellington

I, [full name] of [place of residence], [occupation] do solemnly and sincerely declare—

  • 1

    For the purposes of section 49B(3) of the Fire Service Act 1975, I am *an officer of a company, *an officer of a corporation, *an officer of a partnership, *a person associated with the owner of the property referred to in paragraph 2.

    *Delete if inapplicable
    or
  • 1

    I am the owner of the property referred to in paragraph 2.

  • 2

    Name of property owner:

    Postal address of property owner:

    Name of company, corporation, partnership, person, etc, providing cover:

    Postal address of company, corporation, partnership, person, etc, providing cover:

    Nature of arrangements made:

    Period for which arrangements apply:

    Type of propertyAmount for
    which property
    is insured1
    Indemnity
    value
    Levy payable
    Residential buildings$$$
    Personal property$$$
    Other property [specify]$$
    Number insuredLevy payable
    Motor vehicles2$
  • 3

    I have transferred or credited [amount in NZ$] out of New Zealand for the purposes of providing payment for the indemnity, or the reserve, or the fund, to cover loss or damage (including loss or damage from fire) for the property referred to in paragraph 2.

  • 4

    The levy amount of $ [specify] was paid on [date] by [describe method of payment, eg, cheque, direct credit].

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Signed: .

Declared at [place] this [date].

Before me: .

Justice of the Peace, Solicitor of the High Court of New Zealand, or other person authorised to take a statutory declaration.

NOTES:
1To determine the amount for which the property is insured against fire refer to section 48(6) of the Fire Service Act 1975. If the levy is calculated on the indemnity value of the property, attach a copy of the declaration or valuation required under section 48(6)(c).
2As defined in section 47B of the Fire Service Act 1975.

Form 6 Certificate if owner negotiates fire insurance with company in New Zealand

r 7

Section 50(2) of the Fire Service Act 1975

ToThe New Zealand Fire Service Commission
PO Box 2133
Wellington
  • 1

    Name of insurance company or owner:

    Postal address of insurance company or owner:

    Name of main contact person:

    Daytime telephone number of main contact person:

  • 2

    Details of contracts of insurance covered by the levy payment:

    Type of insurance policy1Levy paidPeriod for which payment relates
    Commercial material damage$
    Domestic building$
    Domestic contents$
    Commercial motor$
    Marine cargo$
    Private motor$
    Other business$
    Total levy paid (excluding GST)$
  • 3

    I certify that according to the records and books of [insert name of insurance company or property owner] the levy payment enclosed with this form is to the best of my knowledge and belief correct:

Signed: .

[specify whether person signing is an officer of the company, or an agent or other representative of the company, or the owner or the authorised representative of the owner]

[if person is signing on behalf of the insurance company or the property owner, attach evidence of authorisation]

Date: .

NOTE:
1The types of insurance policy are defined as follows:
Commercial Material Damage: includes fire, material damage, industrial/commercial special risks, contractors’ all risks, rural risks (other than rural dwellings and their contents) and officer policy, but excludes company earthquake.
Domestic Buildings and Contents: includes rural dwellings and their contents, but excludes earthquake.
Marine Cargo: only includes cover while in New Zealand and excludes earthquake.
Other Business: includes computers and engineering provided fire cover is included.

Form 7 Declaration of details of insurance arrangements

r 8

Section 51A(1) of the Fire Service Act 1975

ToThe New Zealand Fire Service Commission
PO Box 2133
Wellington

I, [full name] of [place of residence], [occupation] do solemnly and sincerely declare—

  • 1

    I am an officer of [name of company, corporation, local authority, or public authority] and am authorised to make this declaration on its behalf.

    or
  • 1

    I am a partner of [name of partnership].

  • 2

    The details of the insurance arrangements of [insert name from paragraph 1] are as follows:

    Type of propertyLocation of propertyAmount for which property is insured [if uninsured state “not insured”]Type of coverName and location of insurance companyIndemnity value
    Residential buildings$$
    Personal property$$
    Other property
    [specify]
    $$
    LocationNumber insuredName and location of insurance company
    Motor vehicles1
  • 3

    The date of commencement of business in New Zealand was:

    [date]

  • *4

    Attached and marked as appendix “A” are copies of the declarations or valuations relating to the indemnity values in paragraph 2.

    *Delete if inapplicable

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Signed: .

Declared at [place] this [date].

Before me: .

Justice of the Peace, Solicitor of the High Court of New Zealand, or other person authorised to take a statutory declaration.

NOTE:
1As defined in section 47B of the Fire Service Act 1975.

Diane Morcom,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 September 2003.

Reprints notes
1 General

This is a reprint of the Fire Service Regulations 2003 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Fire and Emergency New Zealand Act 2017 (2017 No 17): section 196(b)

Criminal Procedure Act 2011 (2011 No 81): section 413