There shall be established a fire service to be known as the New Zealand Fire Service which shall be under the control of the New Zealand Fire Service Commission constituted under section 4, and shall comprise the employees of the Commission, together with every volunteer fire brigade registered with the New Zealand Fire Service Commission pursuant to section 34.

There is hereby constituted a commission to be known as the New Zealand Fire Service Commission.

The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

The New Zealand Fire Service Commission is hereby declared to be the successor of the Fire Service Commission.

The Fire Service Commission is hereby abolished.

Every reference in any enactment or any document to the Fire Service Commission shall hereafter, unless the context otherwise requires, be read as a reference to the New Zealand Fire Service Commission.

The New Zealand Fire Service Commission shall be deemed to be a local authority for the purposes of Part 2 of the Public Works Act 1981 and the Reserves Act 1977.

The Commission must have 5 members.

Members of the Commission are the board for the purposes of the Crown Entities Act 2004.

In appointing members of the Commission, the Minister shall have regard to—

Subsection (2) does not limit section 29 of the Crown Entities Act 2004.

If the Minister is satisfied that any member of the Commission is incapacitated or prevented by illness, absence, or other sufficient cause from performing his or her duties as a member, the Minister may designate a person qualified for appointment to the office of that member as a deputy member to act for that member while that member is so incapacitated or prevented.

A deputy member must, while the deputy member acts as a member of the Commission, be taken to be the member in whose place the deputy member acts.

For the avoidance of doubt, where the Minister designates a deputy member for the chairperson of the Commission, that deputy member is to be taken as the chairperson of the Commission, despite the fact that there may be a deputy chairperson appointed under clause 1 of Schedule 5 of the Crown Entities Act 2004.

The Commission has the following functions under this Act:

The Commission shall be the National Rural Fire Authority for the purposes of the Forest and Rural Fires Act 1977.

The principal functions of the Commission, in its capacity as the National Rural Fire Authority, shall be—

In performing its function under section 14A(2)(m), the National Rural Fire Authority must, before finalising an evaluation of a Fire Authority’s performance, consult with the Fire Authority by giving it—

The Commission may delegate its functions and powers under this Act or the Forest and Rural Fires Act 1977 only to the chief executive.

Subsection (1) applies despite section 73(1) of the Crown Entities Act 2004.

The Commission may not delegate—

In other respects, sections 73 to 76 of the Crown Entities Act 2004 apply.

Except as provided in section 17K, the Commission may not give directions to any member of the Fire Service other than the chief executive.

Any direction given to the chief executive shall, subject to this Act, be in accordance with the conditions of employment of the chief executive.

This section applies despite section 25 of the Crown Entities Act 2004.

The Minister may by notice in writing require the Commission to make special provision for the protection from fire of property of the Crown, for fire protection in or in connection with forests, or for fire protection in the event of war or state of emergency declared under the Civil Defence Emergency Management Act 2002, by the purchase, maintenance, or replacement of equipment, the employment of additional persons, or the provision of additional accommodation.

The Minister may, by notice in writing to the Commission, specify the standard of protection which may be required in any case under subsection (1).

Any expenditure which the Commission incurs under this section and which it could not be required to incur under any other provision of this Act shall be reimbursed by the Crown, and the amount to be so paid shall be determined by agreement or, in default of agreement, by the Auditor-General.

Section 115 of the Crown Entities Act 2004 does not apply to a notice under this section.

The Commission shall appoint a chief executive who shall be the administrative head of the Fire Service and a member of the Fire Service.

Where the person appointed as chief executive has had senior operational firefighting experience in an urban fire service, the Commission may appoint that person to be both the chief executive and the National Commander.

The Commission shall, in making any appointment under subsection (1), have regard to the need to appoint a person who—

The chief executive shall be responsible to the Commission for—

the functions, responsibilities, duties, and powers imposed on or given to the chief executive by this Act are in addition to those imposed on or given to the chief executive by or under any other Act.

the chief executive shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on that chief executive by or under this Act, as well as the powers necessary to carry out the functions and responsibilities imposed on the chief executive or the Commission by or under any other Act.

The chief executive shall be responsible to the Commission for employing, on behalf of the Commission, staff of the New Zealand Fire Service and negotiating terms of employment.

In carrying out the chief executive’s obligations under subsection (1), the chief executive must comply with any Order in Council under section 116 of the Crown Entities Act 2004 that relates to the Commission.

The chief executive is responsible to the Commission for ensuring that all employees maintain proper standards of integrity, conduct, and concern for the public interest.

The chief executive, acting in accordance with the policy of the Commission, shall—

The chief executive, acting in accordance with the policy of the Commission, shall from time to time review the efficiency and economy of the Fire Service.

The chief executive, acting in accordance with the policy of the Commission, shall, at least once in each year, consult on the estimated expenditure of the Fire Service with representatives of—

The chief executive may from time to time, either generally or particularly, delegate any of the functions or powers of the chief executive under this Act or any other Act, including, without the prior written consent of the Commission, functions or powers delegated to the chief executive under this Act or any other Act, to—

In any case where the chief executive has, pursuant to subsection (1), delegated any of the chief executive’s functions or powers to any person, that person may, with the prior approval in writing of the chief executive, delegate such of those functions or powers as the chief executive approves to any other member of the Fire Service or to the holder for the time being of any specified office in the Fire Service.

Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

The power of the chief executive to delegate under this section—

Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.

No such delegation shall affect or prevent the exercise of any function or power by the chief executive, nor shall any such delegation affect the responsibility of the chief executive for the actions of any person acting under the delegation.

Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the chief executive and with other necessary modifications.

This section applies despite sections 74 to 76 of the Crown Entities Act 2004.

Every delegation under section 17G shall be revocable in writing at will.

Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the chief executive by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that chief executive.

The chief executive shall be appointed for a term not more than 5 years.

Every chief executive shall be eligible for reappointment from time to time.

This section applies in addition to section 117 of the Crown Entities Act 2004.

In the case of absence from duty of the chief executive (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of chief executive (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the functions, powers, and duties of the chief executive or pertaining to the position may be exercised and performed by any other member of the Fire Service, whether or not that member holds Fire Service rank, for the time being directed by the Commission to exercise and perform those functions, powers, and duties, whether the direction has been given before the absence or vacancy occurs or while it continues.

No such direction and no acts done by any member acting pursuant to any such direction under subsection (1) shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member had not been appointed to the position of chief executive.

The Commission shall determine the conditions of employment that are to apply to any member directed under subsection (1) to exercise and perform any of the functions, powers, and duties of the chief executive.

If the chief executive does not hold both the office of chief executive and the office of National Commander, the chief executive shall appoint a person with senior operational firefighting experience in an urban fire service to be the National Commander.

The National Commander shall be the operational head of the Fire Service, and shall be a member of the Fire Service with Fire Service rank.

The National Commander shall be responsible to the chief executive for the operational activities of the Fire Service, including—

The National Commander may, in conjunction with government departments and other authorities, make provision for the stabilising or rendering safe of hazardous substance emergencies, and the safety of persons and property endangered by hazardous substance emergencies.

The functions, responsibilities, duties, and powers imposed on or given to the National Commander by this Act are in addition to those imposed on or given to that National Commander by or under any other Act.

The National Commander shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Commander by or under this Act, as well as the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Commander by or under any other Act.

The National Commander shall—

The National Commander shall, subject to such policy directions as may from time to time be given by the Commission and conveyed by the chief executive to the National Commander, continue to operate and from time to time review co-ordination schemes between fire brigades (including defence fire brigades and industrial fire brigades) and Fire Authorities under the Forest and Rural Fires Act 1977 for the purposes of—

In establishing and operating any scheme under this section the National Commander, acting in accordance with the policy of the Commission, may from time to time—

In establishing and operating any scheme under this section, the National Commander may also provide liaison and specialist assistance and advice to the Director of Civil Defence Emergency Management or to Civil Defence Emergency Management Groups established under the Civil Defence Emergency Management Act 2002.

The National Commander may from time to time, either generally or particularly, delegate any of the functions or powers of the National Commander under this Act or any other Act, including functions or powers delegated to the National Commander under this Act or any other Act, to—

No delegation under this section shall include—

Subject to any general or special directions given or conditions imposed by the National Commander, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

The power of the National Commander to delegate under this section—

Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.

No such delegation shall affect or prevent the exercise of any function or power by the National Commander, nor shall any such delegation affect the responsibility of the National Commander for the actions of any person acting under the delegation.

Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the National Commander and with other necessary modifications.

This section applies despite sections 74 to 76 of the Crown Entities Act 2004.

Every delegation under section 17Q shall be revocable in writing at will.

Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the National Commander by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that National Commander.

Every National Commander appointed by the chief executive shall be appointed for a term of not more than 5 years.

Every National Commander shall be eligible for reappointment from time to time.

Except where specific conditions of employment of the National Commander are provided for in this Act, the conditions of employment of the National Commander shall be determined in each case by agreement between the chief executive, acting in accordance with the policy of the Commission, and the National Commander.

The chief executive may appoint a Deputy National Commander who shall be a member of the Fire Service holding Fire Service rank and the provisions of sections 17S to 17U shall, with any necessary modifications, apply accordingly.

In the case of absence from duty of the National Commander (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of National Commander (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the functions, duties, and powers of the National Commander or pertaining to the position may be exercised and performed by the Deputy National Commander.

In the case of absences from duty of the National Commander and the Deputy National Commander (from whatever cause arising) or on the occurrence from any cause of vacancies in the positions of National Commander and Deputy National Commander (whether by reason of death, resignation, or otherwise) and from time to time while the absences or vacancies continue, all or any of the functions, responsibilities, duties, and powers of the National Commander may be exercised and performed by a member of the Fire Service in charge of a Fire Region for the time being directed by the chief executive to exercise and perform those functions, responsibilities, duties, and powers, whether the direction has been given before the absences or vacancies occur or while they continue.

The chief executive shall appoint a National Rural Fire Officer.

The person appointed as the National Rural Fire Officer shall be a person who has qualifications and experience in forestry and rural fire management.

The National Rural Fire Officer shall be a member of the Fire Service but shall not have Fire Service rank.

The National Rural Fire Officer shall be responsible to the chief executive for—

The functions, responsibilities, duties, and powers imposed on or given to the National Rural Fire Officer by this Act are in addition to those imposed on or given to the National Rural Fire Officer by or under any other Act.

The National Rural Fire Officer shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Rural Fire Officer by or under this Act, as well as the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Rural Fire Officer by or under any other Act.

Every National Rural Fire Officer appointed by the chief executive shall be appointed for a term of not more than 5 years.

Every National Rural Fire Officer shall be eligible for reappointment from time to time.

Except where specific conditions of employment of the National Rural Fire Officer are provided for in this Act or in the Forest and Rural Fires Act 1977, the conditions of employment of the National Rural Fire Officer shall be determined in each case by agreement between the chief executive, acting in accordance with the policy of the Commission, and the National Rural Fire Officer.

The National Rural Fire Officer may from time to time, either generally or particularly, delegate any of the functions or powers of the National Rural Fire Officer under this Act or any other Act, including functions or powers delegated to the National Rural Fire Officer under this Act or any other Act, to any member of the Fire Service who has qualifications and experience in forestry and rural fire management.

No delegation under this section shall include the power to delegate under this section.

Subject to any general or special directions given or conditions imposed by the National Rural Fire Officer, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

The power of the National Rural Fire Officer to delegate under this section—

Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.

No such delegation shall affect or prevent the exercise of any function or power by the National Rural Fire Officer, nor shall any such delegation affect the responsibility of the National Rural Fire Officer for the actions of any person acting under the delegation.

Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the National Rural Fire Officer and with other necessary modifications.

This section applies despite sections 74 to 76 of the Crown Entities Act 2004.

Every delegation under section 17Z shall be revocable in writing at will.

Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the National Rural Fire Officer by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that National Rural Fire Officer.

In the case of absence from duty of the National Rural Fire Officer (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of National Rural Fire Officer (whether by reason of death, resignation, or otherwise) and from time to time while the absence of vacancy continues, all or any of the functions, powers, and duties of the National Rural Fire Officer or pertaining to the position may be exercised and performed by any other member of the Fire Service (being a member who has qualifications and experience in forestry and rural fire management) for the time being directed by the chief executive to exercise and perform those functions, powers, and duties, whether the direction has been given before the absence or vacancy occurs or while it continues.

No such direction and no acts done by any member acting pursuant to any such direction under subsection (1) shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member had not been appointed to the position of National Rural Fire Officer.

The chief executive shall determine the conditions of employment that are to apply to any member directed under subsection (1) to exercise and perform any of the functions, powers, and duties of the National Rural Fire Officer.

Every person who makes a delegation under section 73 of the Crown Entities Act 2004 or section 17G or section 17Q or section 17Z or who revokes such a delegation shall record that delegation or revocation in a delegations register.

Any person who, immediately before 1 April 1976, was an employee, employed solely on fire service duties, of—

shall be deemed to be appointed and employed by the New Zealand Fire Service Commission in accordance with subsection (1) at that date:

The Commission may organise its employees into a separate fire brigade, or may attach them for duty to any member of the Fire Service for the time being appointed in charge of a Fire Region or Fire Area, or to any volunteer fire brigade with which it has an agreement for service.

For the purpose of ensuring a speedy response to an alarm of fire or other emergency, the Commission may require, as a condition of service of any employee, that the employee occupy such accommodation as the Commission may provide.

It shall be a matter of prime importance for the Commission to take an active and co-ordinating role in the promotion of fire safety in New Zealand.

In so promoting fire safety, the Commission shall be concerned to—

The Commission shall seek to achieve co-ordination between territorial authorities, government departments, the architectural profession, the engineering profession, the building industry, the chief executive of the department of State responsible for the administration of the Building Act 2004, the Standards Association of New Zealand, the Building Research Association of New Zealand, the Environmental Protection Authority, and other bodies and organisations in matters relating to the promotion of fire safety, whether by making contributions to their expenses or otherwise.

The functions of the Commission in relation to the promotion of fire safety shall include—

The Commission may, after consultation with the chief executive of the department of State responsible for the administration of the Building Act 2004, if appropriate, the Standards Association of New Zealand, or any association of territorial authorities, or any other appropriate authorities, make recommendations to the Minister as to alterations of statutory responsibilities and reallocation of functions as between government departments, territorial authorities, and other bodies, in respect of fire safety.

Without limiting the generality of subsection (3), but subject to subsection (5), the Commission may, after similar consultations, make recommendations to the Minister in respect of—

Before making any recommendation under subsection (4) that relates to hazardous substances, the Commission must consult the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011.

Where a code of practice or standard is submitted pursuant to subsection (4) for the Minister’s approval, the Minister may approve that code of practice or standard.

Notwithstanding the provisions of subsection (5), the Minister shall not approve any code of practice or standard, under that subsection, in relation to building matters if that code or standard purports to have the effect of requiring any building to achieve performance criteria additional to or more restrictive than those specified in the Building Act 2004 or in the building code.

In sections 21B to 21H, relevant building means a building or part of a building used for 1 or more of the following purposes:

However, in sections 21B to 21H, relevant building does not include—

The owner of a relevant building must provide and maintain an evacuation scheme that is designed to enable evacuation from the scene of a fire safely and within a reasonable time,—

However, the owner of a relevant building is not required to provide and maintain an evacuation scheme for the building if—

Subsection (2) is subject to section 21E.

In this section,—

The owner of a relevant building must apply to the National Commander for approval of the evacuation scheme provided for the building under section 21B.

The application must be in writing in the prescribed form.

The National Commander must notify the owner of the building in writing of the outcome of the application.

If the application is rejected, the owner of the building must reapply to the National Commander for approval of an amended evacuation scheme, as if the application for approval were an application under subsection (1).

The National Commander may exempt an owner of a relevant building from complying with the requirements of section 21B.

The National Commander must not exempt the owner under this section unless satisfied that there are structures and systems in place for the building that will ensure that, if there is a fire within the building, people may safely evacuate from it.

The owner of a relevant building to which section 21B(2) applies must notify the National Commander that the building does not require an evacuation scheme.

The notification must be in writing in the prescribed form.

The National Commander may enter a relevant building for the purposes of ascertaining whether, or to what extent, the owner of the building is complying with the requirements of section 21B.

The National Commander must—

If the owner or occupier of the building is not present at the time the National Commander enters and inspects the building, the National Commander must—

In this section and section 21G, National Commander includes any person authorised in writing by the National Commander.

If the owner of a relevant building has failed to comply with the requirements of section 21B, the National Commander may apply to a District Court Judge for an order that the building be closed until those requirements are met.

The National Commander must give the owner concerned at least 10 days’ written notice before applying for an order.

Before making an order, the District Court Judge must—

An owner of a building that is not a relevant building may apply to the National Commander for approval of an evacuation scheme for the building.

The application must be in writing in the prescribed form.

Section 21B applies, with all necessary modifications, to an application under this section as if the application were an application under section 21C.

No order under section 21G may be made in relation to a building to which this section applies.

An evacuation scheme is to be treated as having been approved under section 21C if—

The National Commander shall, in accordance with the policy of the Commission, be charged with—

The National Commander shall have all the powers of the Commission as are necessary for the purpose of exercising the National Commander’s functions and duties, and, for the purposes of any of the matters set out in section 29 or any fire or other emergency, shall have all the powers of the Chief Fire Officer in any Fire District, whether or not that Fire District has a Chief Fire Officer, and the National Commander in so exercising the powers of a Chief Fire Officer shall be deemed to be the Chief Fire Officer of that Fire District for the duration of time that those powers are exercised, and may delegate such powers to whomsoever the National Commander may deem appropriate.

The fact that the National Commander performs any function or duty or exercises any power of the Commission under this Act shall be sufficient evidence of the National Commander’s authority to do so.

For the purposes of this Act, the Commission may from time to time, by notice in the Gazette, declare New Zealand, or any part thereof, to be divided into Fire Regions, with such names or designations as it thinks fit, and in like manner may abolish, alter, or reconstitute any Fire Region or change or abolish any such name or designation.

In no case shall part only of a Fire Area be included in any Fire Region.

Every Fire Region shall be in the charge of a member of the Fire Service appointed as such by the chief executive, acting in accordance with the policy of the Commission, and after consultation with the National Commander.

Every member of the Fire Service in charge of a Fire Region—

The member of the Fire Service in charge of a Fire Region may, with the prior approval of the National Commander, delegate to any member of the Fire Service in charge of any Fire Area in that Fire Region such of the powers conferred by subsection (2)(c) on the member of the Fire Service in charge of that Fire Region as the National Commander approves.

The fact that any member of the Fire Service in charge of a Fire Region performs any function or duty or exercises any power of the National Commander shall be sufficient evidence of that member’s authority to do so.

The appointment as the member of the Fire Service in charge of a Fire Region may be held in conjunction with any other appointment in the Fire Service.

For the purposes of this Act, the Commission may from time to time, by notice in the Gazette, declare any Fire Region, or any part thereof, to be divided into Fire Areas, with such names or designations as it thinks fit, and in like manner may abolish, alter, or reconstitute any Fire Area or change or abolish any such name or designation.

In no case shall part only of a Fire District be included in any Fire Area.

Every Fire Area shall be in the charge of a member of the Fire Service appointed as such by the chief executive, acting in accordance with the policy of the Commission, and after consultation with the National Commander.

Every member of the Fire Service in charge of a Fire Service Area—

The member of the Fire Service in charge of a Fire Area may, with the prior approval of the member of the Fire Service in charge of the Fire Region in which that Fire Area is located, delegate to any other member of the Fire Service with Fire Service rank such of the powers conferred by subsection (2)(c) on the member of the Fire Service in charge of that Fire Area as the member of the Fire Service in charge of that Fire Region approves.

The fact that any member of the Fire Service in charge of a Fire Area performs any function or duty or exercises any power of a member of the Fire Service in charge of a Fire Region shall be sufficient evidence of that member’s authority to do so.

The appointment as the member of the Fire Service in charge of a Fire Area may be held in conjunction with any other appointment in the Fire Service.

Every united urban fire district, urban fire district, and secondary urban fire district which existed immediately before the commencement of this Act is hereby declared to be a Fire District under this Act.

Where the Commission is satisfied that the fire protection of any urban area can be more effectively carried out—

the Commission may by notice in the Gazette, at the request of a territorial authority or of its own motion, include that urban area in an existing Fire District or constitute it a Fire District accordingly. The same or any subsequent notice in the Gazette shall—

Any Fire District constituted under this section may include the whole or any part of any existing Fire District.

The Commission may, by notice in the Gazette, alter the boundaries of, or abolish, any existing Fire District. The same or any subsequent notice shall specify the date on which the boundaries are to be altered or, as the case may be, the Fire District is to be abolished.

Notwithstanding anything in the Local Government Act 2002, the Local Government Commission shall not prepare any scheme providing for the constitution or abolition or alteration of the boundaries of any Fire District.

The chief executive must appoint a Chief Fire Officer and a Deputy Chief Fire Officer for each Fire District, who must be either—

An appointment as Chief Fire Officer or Deputy Chief Fire Officer may be held separately or in conjunction with any other office in the Fire Service.

The National Commander shall from time to time issue operational instructions in respect of the operational requirements, duties, and scope of the Fire Service, not inconsistent with this Act, and all members of the Fire Service who hold Fire Service rank, volunteer fire brigades, defence fire brigades, and industrial fire brigades shall obey and be guided by those instructions communicated to them.

Every operational instruction shall remain in force until cancelled by the National Commander.

An operational instruction shall be deemed to have been communicated when the instruction has been published in the Fire Service Gazette or in any manual of operational instructions issued by the National Commander to members generally, or, in the case of a member of any particular group, when the instruction has been published in any manual of operational instructions issued by the National Commander to the members generally of that group, or, failing any such publication, when the instruction has been brought to the personal notice of the member.

The production at any inquiry or investigation under this Act of a copy of the Fire Service Gazette, or any manual purporting to be issued by the authority of the National Commander and purporting to contain a copy of any operational instruction, shall be sufficient evidence of the making, publication, and contents thereof.

Subject to this Act, the Chief Fire Officer shall be charged with the direction of all technical matters and with the operation of all fire brigades in the Fire District for which the Chief Fire Officer is appointed, and the Chief Fire Officer shall carry out those responsibilities in accordance with the policy of the Commission and the operational instructions of the National Commander under section 27A, so as to provide protection for that Fire District and within any area or concerning any property which the fire brigade of the Fire District is under an obligation to protect pursuant to section 38 or section 39.

In the event of any alarm of fire or any fire happening, the Chief Fire Officer of the Fire District, or in his or her absence, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade, shall forthwith proceed, or direct some other member of the brigade to proceed forthwith, to the place to which the brigade has been called, and endeavour by all practicable means to extinguish and prevent the spread of the fire (if any), and to save lives and property in danger.

If, in the event of any emergency occurring, other than an emergency involving fire or hazardous substances, at which the Chief Fire Officer of the Fire District, or, in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade, considers that the brigade could render assistance, that officer or other person may proceed, or direct some other member of the brigade to proceed, forthwith to the emergency and shall take whatever action is necessary to save lives and property in danger.

If, in the event of any hazardous substance emergency occurring, the Chief Fire Officer of the Fire District, or in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or in the absence of both of them, the person for the time being in charge of the fire brigade, considers that the fire brigade could render assistance, that officer or other person may proceed, or direct some other person to proceed, forthwith to the place to which the brigade has been called, and endeavour by all practicable means to cause the stabilising or rendering safe of the hazardous substance emergency, and save lives and property in danger.

For the purposes of subsection (3A), in the event of the attendance of the brigade, the Chief Fire Officer of the Fire District, or in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade shall have the powers of an enforcement officer under the Hazardous Substances and New Organisms Act 1996 pertaining to that emergency until the arrival of such an enforcement officer.

In the event of fire or other emergency, the person for the time being in charge of the fire brigade so engaged—

In the event of an emergency not involving fire or the risk of fire, the powers referred to in subsection (4) shall not be exercised by the person for the time being in charge of the fire brigade without the authorisation of the person in charge of the operations at the scene of the emergency:

The fact that any person performs any function or duty or exercises any power under subsection (4) shall be conclusive evidence of his authority to do so, and no person shall be concerned to enquire whether the occasion requiring or authorising him to do so has arisen or has ceased.

This section shall be read subject to the Diplomatic Privileges and Immunities Act 1968 and to any regulations made pursuant to section 93(1) of the Defence Act 1990.

In the event of any fire or other emergency (including a hazardous substance emergency) occurring outside any Fire District, the Chief Fire Officer of a Fire District, or, in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade, if the officer or other person considers the brigade could render effective protection to life or property, may proceed, or direct some other member of the brigade to proceed, forthwith to the emergency, to take whatever action is necessary to save lives and property in danger.

In the event of the attendance of the brigade, the Chief Fire Officer of the Fire District, or, in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade shall have all the functions, duties, and powers conferred on that officer or person by section 28.

The Chief Fire Officer, the Deputy Chief Fire Officer, and any person authorised in writing by either of them shall have free access to all land and buildings (not including household units) at such times and under such conditions as are reasonable, having regard to any business carried on therein, in order to obtain information required for fire fighting planning purposes or hazardous substance emergency planning purposes (including the planned evacuation of persons from the premises and other matters relating to the protection of human life), if the Chief Fire Officer reasonably believes that in the event of any fire or hazardous substance emergency occurring a brigade may be called upon to enter that land or buildings.

The provisions of subsection (1) shall apply, with any necessary modifications, for the purposes of any post-incident investigation that may, from time to time, be required to be carried out to determine the cause of any fire or hazardous substance emergency.

Reasonable notice shall be given of any proposed entry, and identification shall be shown on entry and at any subsequent time if requested.

The provisions of this section shall not apply to any Crown land or building or any class or classes of Crown land or buildings that are, from time to time, specified by notice in the Gazette by the Minister or any land and buildings that are premises of the mission (as defined in Schedule 1 of the Diplomatic Privileges and Immunities Act 1968).

Where a person having access to land and buildings under this section believes that any building or sitework does not comply with the Building Act 2004, that person shall by notice in writing give to the appropriate territorial authority details of the respects in which the building or sitework is believed not to comply.

For the purposes of subsection (5), the terms building, sitework, and territorial authority have the meanings ascribed to them by the Building Act 2004.

Subject to the overall requirements of the Controller under the Civil Defence Emergency Management Act 2002, while a state of emergency exists under that Act, every fire brigade, defence fire brigade, and industrial fire brigade shall, free of charge,—

The National Commander may from time to time cause to be made such checks as the National Commander considers necessary as to the adequacy of water supplies, including tests of water volume and pressure in any water main, in any Fire District or within any area concerning any property that the Fire Service is under an obligation to protect pursuant to section 38 or section 39, and shall advise the territorial authority or authorities as to the sufficiency or otherwise of the water supply of the Fire District or the area available for fire fighting and for the effective operation of such fire protection systems that may from time to time be installed in buildings or property installations within the Fire District or the area.

In carrying out its duties pursuant to subsection (2) the National Commander shall publish a Code of Practice specifying standards for water supply volume and pressure which are required. This Code of Practice shall be notified by the National Commander in the Gazette.

It shall be lawful for the Commission, with the consent of the authority having control of any public place or with the consent of the owner of any other place, to erect and maintain fire alarms and fire equipment associated with any fire alarm system on, under, or over that place.

The authority of every member of the Fire Service in charge of a Fire Region or Fire Area and every person in charge of a fire brigade or a defence fire brigade or an industrial fire brigade shall be recognised by all constables, traffic officers, and all other persons present at any fire or suspected fire or other emergency.

All constables present at any fire, suspected fire, or other emergency shall co-operate with the member of the Fire Service in charge of a Fire Region or Fire Area and the person in charge of a fire brigade or a defence fire brigade or an industrial fire brigade who is dealing with that fire, suspected fire, or other emergency in the performance of his duty and may, if called upon to do so by that member or that person, exercise any of the powers conferred on the person for the time being in charge of a fire brigade under section 28(4).

With the consent of the senior constable in the district, any Chief Fire Officer, in accordance with the policy of the Commission, may establish a volunteer fire police unit and enrol any person as a member thereof and may in like manner disestablish such a unit or for just cause remove any person from the roll.

Every person enrolled under this section shall be sworn in before a Justice of the Peace, and during the period of his service as a member of the fire police and while so acting shall be deemed to be, and shall have all the power and authority and responsibility of, a constable.

In the performance of their duties at any fire or other incident to which a fire brigade is called, volunteer fire police shall carry out their duties under the direction of the person in charge of the fire brigade.

For the purposes of this Act the term volunteer fire brigade means any group of persons associated by mutual consent as a fire brigade where—

The member of the Fire Service in charge of any Fire Region may recommend to the Commission the establishment and maintenance of a volunteer fire brigade in that Region or the revocation of its registration.

Where any group of persons has entered into an agreement of service with the Commission for the purpose of becoming a volunteer fire brigade, the Commission may, if it is satisfied that the group is or will become reasonably efficient as to organisation, staffing, equipment, discipline, and training to operate as a volunteer fire brigade and meet the requirements of the area or property which it is intended to protect, and, on application signed by the principal officer of that group, register it as a volunteer fire brigade. In making any such registration, the Commission may impose any conditions which it considers necessary, but the imposition of conditions shall not affect the validity of the registration.

The Commission may revoke the registration of any volunteer fire brigade if—

In the event of any dispute arising between—

the Commission shall give written notice of the circumstances of the dispute to the United Fire Brigades’ Association of New Zealand and shall not make any final decision regarding the settling of the dispute until it has considered the representations, if any, made by that Association in the matter within a reasonable time:

No member of a fire brigade, other than a member who is an employee of the Commission attached to the brigade, shall be required to become a member of any service organisation by reason of his services with the brigade unless that member—

Any member of a volunteer fire brigade who is required to become a member of any service organisation shall be entitled to become a full financial member of the service organisation on payment of the appropriate entrance fee and on payment of one-half of the subscription payable by any full time member of a brigade:

The Commission may authorise the establishment and maintenance of a fire brigade auxiliary unit in any rural area which the Commission is under an obligation to protect.

The owner or occupier of any commercial or industrial premises may, for the purpose of protecting those premises from fire, organise and maintain a group of persons as an industrial fire brigade and appoint a principal officer for the group.

In organising the group, the owner or occupier shall set out in writing the conditions of service of the group and those conditions shall be expressed in the instrument under which the group is organised, or in rules and regulations of the group, or in regulations which apply to the group.

Where any group of persons is proposed to be organised as an industrial fire brigade within any Fire District or in any area or on any premises which the fire brigade of the Fire District is under an obligation to protect, the owner or occupier who is organising the group shall enter into an agreement with the Commission for the co-ordination of the proposed industrial fire brigade and any fire brigade authorised or employed by the Commission in the event of a fire on the premises of that owner or occupier.

Notwithstanding anything in section 28, any agreement made pursuant to subsection (3) may make all necessary provision for the unified command of the proposed industrial fire brigade and any other fire brigade when they are co-operating on the premises which the proposed industrial fire brigade has been organised to protect.

Where any group of persons has been organised in accordance with the foregoing provisions of this section, the owner or occupier of the premises which the group has been organised to protect may apply to the Commission for the group to be registered as an industrial fire brigade for the purposes of this Act.

On any application for registration the Commission shall satisfy itself—

Where the Commission is satisfied that the requirements of subsection (6) have been met, it may register the group as an industrial fire brigade. In making any such registration the Commission may impose any conditions it considers necessary, but the imposition of conditions shall not affect the validity of the registration.

The Commission may revoke the registration of an industrial fire brigade if—

The Commission may enter into an agreement with the owner or occupier of any premises protected by any industrial fire brigade providing for that industrial fire brigade to conform to any co-ordination scheme for the time being in force:

Where any industrial fire brigade operates either on the premises for the protection of which it is maintained or outside those premises under an agreement made pursuant to subsection (9)—

No member of an industrial fire brigade shall be required to become a member of any service organisation by reason of his services with the industrial fire brigade unless that member has entered into an agreement of service as a full-time member of that industrial fire brigade.

The Crown may, in respect of any premises or property owned or occupied by it, organise and maintain a group of persons and appoint a principal officer to the group for the purposes of protecting those premises or that property from fire, and may apply for registration of that group as an industrial fire brigade, and in any such case the provisions of this section shall apply as though the Crown was an owner or occupier of commercial or industrial premises.

For the purposes of this section the term Firemaster means the officer or non-commissioned officer of the Armed Forces who is appointed to command a defence fire brigade; and includes any other officer or non-commissioned officer who by appointment or by custom of the Armed Forces acts on his behalf.

Subject to agreement between the Chief of Defence Force and the National Commander, a Firemaster shall, in relation to any defence area (as defined in section 2(1) of the Defence Act 1990), have all the functions, duties, and powers of a Chief Fire Officer.

Every agreement entered into between the Chief of Defence Force and the National Commander pursuant to section 17P shall provide for the unified command of a defence fire brigade and any other fire brigade when they are operating together, whether in a defence area or otherwise.

Where a Firemaster has been vested with a unified command pursuant to subsection (3) or a defence fire brigade is operating on its own outside a defence area, the Firemaster may perform all the functions and duties and exercise all the powers of the person in charge of a fire brigade under section 28(4).

Sections 42 and 43 shall, in relation to a defence fire brigade, whether operating within or outside a defence area, be read as if—

The Commission may from time to time enter into an agreement with any territorial authority or with any suitably qualified person providing for that authority or that person to supply such clerical and administrative services in respect of any Fire District or any fire brigade auxiliary unit as may be specified in the agreement.

The Commission may pay the territorial authority or the person for any service it or he has agreed to render pursuant to subsection (1). Any dispute arising as to the amount to be paid shall be determined by the Auditor-General after such inquiry as it thinks fit and the decision of the Auditor-General in any such dispute shall be final.

Any agreement under this section may, in the absence of any specific provision in the agreement, be revoked at any time on the giving of 1 month’s notice by any party to the agreement to any other party, or may be renewed or varied.

The Commission and the territorial authority of any rural area may from time to time enter into an agreement for the protection of that area from fire on terms and conditions to be agreed upon by the Commission and territorial authority:

The Commission may from time to time enter into an agreement with the owner or occupier of property situated outside a Fire District with respect to any property in the possession or under the control of that owner or occupier to afford that property a greater measure of protection from fire than it would receive under this Act or under the Forest and Rural Fires Act 1977, otherwise than by maintaining or assisting in maintaining an industrial fire brigade.

Any fire brigade may attend any fire or suspected fire or other emergency on any vessel or in any cargo, stores, or gear that has been jettisoned from the vessel on to any wharf or other landing place.

The Commission may charge fees for the attendance and services of any fire brigade in connection with any such fire or emergency, and such fees shall be payable by the owners of the vessel on which, or in the cargo, stores, or gear of which, the fire occurred.

The Commission, in its discretion, may—

Where damage to property is caused by the Chief Fire Officer, or any other member of a fire brigade, or by any other person, in the performance in good faith of his functions or duties or the exercise in good faith of his powers at or in connection with any fire or suspected fire (including any fire or suspected fire occurring beyond the area in which the Chief Fire Officer has authority), the damage shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the damaged property:

provided that, where any fire or suspected fire is an earthquake fire within the meaning of the Earthquake and War Damage Act 1944 or within the meaning of any policy or contract of insurance against damage by earthquake, that damage shall be deemed to be damage by earthquake fire for the purposes of that Act, policy, or contract.

No action or proceeding shall be brought against the Crown, or the Commission, or any employee of any of them, or against any fire brigade, or member of a fire brigade, or any person whatsoever to recover damages for any damage to property occasioned by the Chief Fire Officer or any member of a fire brigade, or any other person, in the performance in good faith of his functions or duties or the exercise in good faith of his powers under this Act or under any other enactment:

Subsection (1) applies despite section 121 of the Crown Entities Act 2004.

In any action or proceeding taken against the Commission or any fire brigade, or any employee or member of either of them, for their failure or neglect to make, or their negligence in making, adequate provision for the prevention of fire, the suppression and extinction of fires which may occur, and the protection of property endangered in fires, it shall be a defence to show that the provisions made were in accordance with standards approved by the Commission under this Act or the operational instructions of the National Commander under section 27A and that the employees or members had complied with all relevant requirements and instructions of the Commission.

Sections 120 to 126 of the Crown Entities Act 2004 apply to a member of a volunteer fire brigade as if that member were an employee of the Commission.

In addition to the expenditure which the Commission may be required to incur pursuant to the functions and duties imposed on it under this Act, or which it may incur or be required to incur for any purpose authorised by this Act or by any other enactment, the Commission may, in any financial year, expend money for all or any of the following purposes:

This section does not limit sections 16 and 17 of the Crown Entities Act 2004.

The Commission shall continue to operate a fund to be known as the Rural Fire Fighting Fund.

Subject to this section and to sections 46C and 46D and to any regulations made under this Act, the Commission—

Where the whole or part of the costs of any legal proceedings are met by money expended from the Rural Fire Fighting Fund pursuant to subsection (1)(b), the Commission shall pay any money recovered by it in those proceedings either into the Rural Fire Fighting Fund or to a Fire Authority.

In this section and in sections 46C, 46F, and 46G, Fire Authority means any fire authority within the meaning of the Forest and Rural Fires Act 1977.

Subject to sections 46D and 46E, the Commission may, under section 46B(1)(a), make a grant to a Fire Authority in respect of a fire if—

In this section, commercial or semi-commercial forest area—

Any grant payable under section 46B(1)(a) shall, subject to sections 46E and 46F, be for the purpose of meeting such percentage or proportionate share of each assessed claim as may from time to time be determined by regulations made under this Act.

Notwithstanding subsection (1), any grant payable under section 46B(1)(a) before 31 March 1991, shall, subject to sections 46E and 46F, be for the purpose of meeting 95% of each assessed claim.

The Commission shall, subject to section 46F, deduct from the amount of each grant payable under section 46B(1)(a), being a grant determined after applying the provisions of section 46D, such amount as may from time to time be prescribed by regulations made under this Act in respect of each assessed claim.

Notwithstanding subsection (1), the amount deducted under that subsection in respect of each assessed claim made before 31 March 1991 shall be $5,000.

Notwithstanding anything in sections 46D and 46E,—

Each fire to which a claim under subsection (1) relates shall be—

A fire is a petty fire for the purposes of subsection (2)(c) if the total cost of controlling, restricting, suppressing, or extinguishing that fire was less than the greater of $1,000 or the sum prescribed, for the purposes of this subsection, by regulations made under this Act.

Where a grant is payable under section 46B(1)(a) to a Fire Authority, it shall be a condition of the payment of that grant, that the Fire Authority agrees to be joined with and represented by the Commission in any proceedings taken (whether by court action or otherwise) by the Commission against any person or persons whom the Commission believes was responsible, by reason of arson or negligence or failure to observe permit conditions, for causing the lighting of the fire (being a fire in respect of which the grant is being paid) or for permitting or causing that fire to become out of control.

There shall be paid into the Rural Fire Fighting Fund, in any financial year,—

Where the proceeds of the levy are insufficient to meet both the requirements of the Rural Fire Fighting Fund and the requirements of the Commission under section 47(1), the requirements of the Rural Fire Fighting Fund, as determined by the Minister, shall be a first charge against the proceeds of the levy.

Notwithstanding section 46H, where the Commission considers that the amount in the Rural Fire Fighting Fund is insufficient to meet valid claims against the Fund, it shall notify the Minister who shall consult the Minister of Finance with a view to determining whether money, for payment into the Rural Fire Fighting Fund, should be advanced by way of loan by the Crown to the Commission, and the terms and conditions of any such loan.

The Rural Fire Fighting Fund shall be funded at such a level as will enable an end of financial year balance to be maintained in accrual terms equal to the greater of 20% of the level of claims that could reasonably be expected to be made in any 1 year or such other percentage of the level of those claims as may be determined from time to time by the Minister in consultation with the Minister of Conservation.

The Minister, in the course of determining the amounts payable into the Rural Fire Fighting Fund in any financial year under paragraphs (a) and (b) of section 46H shall cause the Commission to report to the Minister concerning—

The Minister and the Minister of Conservation shall have due regard to the report made pursuant to subsection (1) in determining, in relation to the financial year immediately following the financial year to which the report relates, the amount of the Crown grant that shall be paid under section 46H(b).

In each financial year there must be paid to the Commission such income from the proceeds of the levy (other than the portion of the proceeds required for the Rural Fire Fighting Fund) as is required to meet the actual net expenditure of the Commission.

Where in any financial year the levy income of the Commission under this section exceeds the actual net expenditure of the Commission, that excess is to be deemed to be an advance in the payment of the levy and is to be taken into account when the rate of the levy is next reviewed.

Where in any financial year the levy income of the Commission under this section is less than the actual net expenditure of the Commission, that shortfall is to be deemed to be a shortfall in the payment of the levy and must be taken into account when the rate of the levy is next reviewed.

The uncommitted surplus (if any) or the amount of the deficit (if any) of the Commission for any financial year must be taken into account in calculating the income and expenditure of the Commission for the next succeeding year.

For the purposes of this section, the amount of any financial surplus or deficit of the Commission at the end of the financial year is not to take into account any money contained in the Rural Fire Fighting Fund and any money required to be paid into that Fund.

For the purposes of this section, actual net expenditure means that portion of the Commission’s expenditure to be funded from income in any financial year which is not funded from the proceeds of income earned by the Commission.

For the purposes of this section and sections 48, 49, 49A, 49B, 50, 51, 51A, 51B, 51C, 52, 53, and 53A—

The Commission, at its discretion, may charge for any service or function other than those provided for in section 17O(a).

Notwithstanding subsection (1), the Commission, at its discretion, may charge for—

Where, pursuant to subsection (2), a charge is made for attendance at a hazardous substance emergency, the amount of the charge made shall include all costs incurred (including costs incurred in securing contractual assistance or in obtaining supplies of materials required) in stabilising or rendering safe the hazardous substance emergency, together with those costs that can be reasonably attributed by the Commission to its function of providing an emergency response service for hazardous substance emergencies.

Notwithstanding anything in subsection (1), the Commission, at its discretion, may charge for attendance of any brigade, where the reason for that attendance was the receipt of a false alarm of fire, and, where that alarm came from persons or equipment in any premises, the owner of the premises shall be liable to meet the charge.

In any case where subsection (4) applies and the false alarm of fire was not the fault of the owner of the premises, the owner may, by authority of this subsection, recover the costs incurred from the person who caused the false alarm to be made or whose equipment was responsible for the false alarm.

Subject to this Act, every insurance company with which any property is insured against fire under any contract of fire insurance made in New Zealand in respect of any period commencing on or after 1 July 1986 shall pay a levy to the Commission.

The Governor-General may from time to time, by Order in Council, prescribe—

provided that where the period of the contract is in respect of any period other than a complete year, the levy shall be calculated as a pro rata proportion of the levy for a complete year.

An Order in Council made under subsection (2) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

The rate of the levy shall be reviewed annually by the Minister.

In reviewing the rate of the levy the Minister shall have regard to—

For the purposes of subsection (4)(b)(ii) the Minister shall take into consideration any shortfall in the levy as determined in accordance with section 47(3).

For the purposes of subsection (2)(b), the amount for which the property is insured for the contract of fire insurance shall be—

For the purpose of subsection (6), the insurance company shall hold for the purpose of audit under section 51 all declarations and certificates furnished to it under that subsection.

Where the Commission considers that the indemnity value declared in respect of any property by the owner under subsection (6) is not a fair and reasonable indemnity value in relation to the replacement value of the property, the following provisions shall apply: