Fire Service Regulations 2003

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Fire Service Regulations 2003

(SR 2003/241)

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 section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

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
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
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
  • 1For 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.

  • 2For 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.

  • 3Name 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  $____
  • 4Amount of levy payable (excluding GST): NZ$

    • Amount of GST on levy: NZ$

    • Total amount of payment: NZ$

  • 5To 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
  • 1I am the owner of the property referred to in paragraph 2.

  • 2Name 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  $____
  • 3I 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.

  • 4The 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
  • 1I am the owner of the property referred to in paragraph 2.

  • 2Name 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  $____
  • 3Amount of levy payable (excluding GST): NZ$

    • Amount of GST on levy: NZ$

    • Total amount of payment: NZ$

  • 4To 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
  • 1I am the owner of the property referred to in paragraph 2.

  • 2The 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  $____
  • 3Amount of levy payable (excluding GST): NZ$

    • Amount of GST on levy: NZ$

    • Total amount of payment: NZ$

  • 4Cover 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]

  • 5To 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—

  • 1For 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
  • 1I am the owner of the property referred to in paragraph 2.

  • 2Name 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  $____
  • 3I have transferred or credited [amount in NZ$] 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.

  • 4The 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
  • 1Name of insurance company or owner:

    • Postal address of insurance company or owner:

    • Name of main contact person:

    • Daytime telephone number of main contact person:

  • 2Details of contracts of insurance covered by the levy payment:

    Type of insurance policy1 Levy paid Period for which payment relates
    Commercial material damage $____  
    Domestic building $____  
    Domestic contents $____  
    Commercial motor $____  
    Marine cargo $____  
    Private motor $____  
    Other business $____  
    Total levy paid (excluding GST) $____  
  • 3I 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—

  • 1I am an officer of [name of company, corporation, local authority, or public authority] and am authorised to make this declaration on its behalf.

    or
  • 1I am a partner of [name of partnership].

  • 2The details of the insurance arrangements of [insert name from paragraph 1] are as follows:

    Type of property Location of property Amount for which property is insured [if uninsured state not insured] Type of cover Name and location of insurance company Indemnity value
    Residential buildings   $____     $____
    Personal property   $____     $____
    Other property
    [specify]
       $____     $____
               
      Location Number insured Name and location of insurance company  
    Motor vehicles1          
  • 3The date of commencement of business in New Zealand was:

    • [date]

  • *4Attached 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 Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 September 2003.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Fire Service Regulations 2003. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)