For the purpose of fire control, the National Rural Fire Authority may from time to time, by notice in the Gazette, constitute any part or parts of New Zealand to be a rural fire district, with such name and from such date, whether before or after or at the date of the notice, as may be specified in the notice:

Where any area described in a notice published under subsection (1)—

that area shall, on the date on which the notice is gazetted, or on such other date as may be stated in that notice, become a rural fire district of which the Minister of Defence is, unless otherwise stated in the notice, the Fire Authority.

Any notice published under subsection (1) at the request of the Minister of Defence may at any time, at the request of the Minister of Defence, be revoked, in whole or in part, or amended.

The National Rural Fire Authority may, if it thinks fit, from time to time in like manner alter or redefine the boundaries of any rural fire district by the inclusion therein or the exclusion therefrom of any area, and may in like manner abolish any rural fire district.

For the purposes of this section and section 6, the term Fire Authority includes the New Zealand Fire Service Commission.

Every proposal for the publication in the Gazette of a notice under section 4—

The proposer—

The proposer shall cause a notice to be advertised at least twice (at intervals of not less than 1 week and not more than 2 weeks) in a newspaper circulating in the locality,—

A copy of the notice shall be forwarded to the National Rural Fire Authority and to every body to which a copy of the proposal was sent pursuant to subsection (3), and every such body may make representations to the National Rural Fire Authority in respect of the proposal within the time limit set by the notice.

The National Rural Fire Authority may appoint a time and place at which the makers of representations under subsection (4) or subsection (5) may appear before the National Rural Fire Authority or a Fire Authority nominated by it or a Rural Fire Mediator and support their representations by such evidence as they think fit.

The National Rural Fire Authority shall give due consideration to the representations made and any supporting evidence produced before it gazettes any notice in respect of the proposal.

The National Rural Fire Authority may, by notice in the Gazette,—

The National Rural Fire Authority may in like manner from time to time amend any notice made pursuant to this section, or at any time revoke any such notice.

The National Rural Fire Authority shall consult with the owner of the relevant property and adjacent landowners and every Fire Authority affected by the proposed notice before exercising its powers under this section.

Any person who infringes any safeguard or other fire control measure provided for in any notice made under this section commits an offence against this Act.

Except in the case of a rural fire district constituted under section 4(2), every rural fire district shall be administered for the purposes of this Act by a Fire Authority, being either the Minister of Conservation or a rural fire committee constituted as hereinafter provided, as may be prescribed by the National Rural Fire Authority by notice in the Gazette.

The National Rural Fire Authority may, by notice in the Gazette, change the Fire Authority of any rural fire district and, by the same or any subsequent notice in the Gazette, may make such consequential provision as may seem to it to be desirable with respect to the property, liabilities, and engagements of the Fire Authority in respect of the administration of the district.

The National Rural Fire Authority may from time to time, by notice in the Gazette, constitute or provide for the constitution, or election of a rural fire committee:

Every rural fire committee so constituted shall be a body corporate, having (subject to the right of the National Rural Fire Authority to dissolve that body by notice in the Gazette), perpetual succession and a common seal, and being capable of holding real and personal property and of doing and suffering all other things that bodies corporate may do and suffer:

All rural fire districts and committees constituted, provided for, or elected under the Forest and Rural Fires Act 1955 or the Forest and Rural Fires Act 1947, and subsisting at the commencement of this Act shall be deemed to have been constituted, provided for, or elected as rural fire districts and committees under this Act.

In respect of any sufficiently described area of vegetation situate within the jurisdiction of the New Zealand Fire Service Commission, the powers of a Fire Authority under this Act may be exercised, notwithstanding any provisions otherwise in any other enactment,—

The Fire Authority of each territorial area shall be the territorial authority having territorial jurisdiction in respect of that area.

The Fire Authority of each State area shall be the Minister of Conservation.

The Minister of Conservation may from time to time, by writing under his hand, either generally or particularly, delegate to the Director-General of Conservation or to any officer or employee of the Department of Conservation all or any of his powers as Fire Authority in respect of the area, but not the power to delegate under this section.

Any delegation made by the Minister of Conservation under this section may be made to the holder or holders for the time being of a specified office or class of office.

Subject to any general or special directions given or conditions attached by the Minister of Conservation, the Director-General of Conservation or officer or employee of the Department of Conservation may exercise any powers delegated to him as aforesaid in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

Where the Director-General of Conservation or any officer or employee of the Department of Conservation purports to act pursuant to or in accordance with any delegation under this section, whether in his own name or in the name of the Minister of Conservation, he shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary; and in any case of doubt the Minister of Conservation may ratify the action of the Director-General of Conservation or officer or employee of the Department of Conservation.

Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister of Conservation.

Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Minister of Conservation by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister of Conservation; and, in the event of the Director-General of Conservation or officer or employee of the Department of Conservation to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding the office or, if there is no holder of the office or if the holder of the office is absent from duty, to the person for the time being directed under the State Sector Act 1988 or any other authority to act in the place of the holder of the office.

The Minister of Conservation must carry out fire control measures within a fire safety margin attached to a State area.

For the purposes of subsection (1),—

The National Rural Fire Authority may, by notice in the Gazette, at the request of the Minister of Conservation, exclude from the fire safety margin attached to a State area—

Section 4 applies (with all necessary modifications) to a notice under subsection (1) as if the notice were a notice under that section.

Every Fire Authority must promote and carry out fire control measures in its district.

Every Fire Authority must comply with the standards set by the National Rural Fire Authority under section 14A(2)(k) of the Fire Service Act 1975.

Any Fire Authority may, in its discretion, promote and carry out such fire control measures as it thinks fit in any area or place adjoining its district in which there is no Fire Authority, and for that purpose it may do any thing which it could do if it were the Fire Authority for that area or place.

Subject to the prior approval of the National Rural Fire Authority and publication in the Gazette, any Fire Authority may make, amend, or revoke bylaws for the purposes of subsection (1), and, subject to the like approval, may enforce the same as if breaches thereof were offences under this Act; and such bylaws may include provision for costs, expenses, and charges, and for salaries and administration.

A Fire Authority must keep and maintain a current fire plan for its district.

A fire plan must contain the prescribed information.

A fire plan must be available for public inspection, free of charge, at the office of the Fire Authority during ordinary office hours.

Failure to comply with subsection (4) does not invalidate any fire control measure promoted or carried out by the Fire Authority.

Notwithstanding any provision or rule of law to the contrary, the carrying out by any Fire Authority of any fire control measure shall not in any proceedings be called into question by reason only that it has not been exercised, approved, or authorised in writing or under seal.

In each district other than a State area the Fire Authority shall appoint 1 or more suitable persons as a Rural Fire Officer or as Rural Fire Officers. Where there are 2 or more Rural Fire Officers 1 shall be appointed as Principal Rural Fire Officer.

The Fire Authority for each district other than a State area may appoint or employ all such other officers and employees as it deems necessary for the purposes of this Act.

For each State area the Minister of Conservation may—

Every warranted officer appointed under section 59(1) of the Conservation Act 1987 shall be a Rural Fire Officer for every State area.

Where no Principal Rural Fire Officer has been appointed for a State area,—

shall have all the powers of a Principal Rural Fire Officer in respect of the area.

Deputies of officers and employees may be appointed under this section or under section 14.

Any Fire Authority may in its discretion allocate to its officers, employees, and servants such responsibilities as may from time to time appear to it appropriate and necessary.

Any 2 or more Fire Authorities may, in such manner and on such terms as they may from time to time deem appropriate, act together in the exercise of their powers under this Act, and may, upon such terms and conditions as they agree to between themselves, jointly appoint Rural Fire Officers and such other persons as they consider necessary for that purpose.

The powers of any Fire Authority and of its Fire Officers under and in the enforcement of this Act and any regulations made thereunder, and the powers of any Minister of the Crown or other person under any other Act or regulation, or any rule or bylaw, or any instrument, in respect of fire control may, in accordance with and to the extent of such agreements or arrangements as may be entered into from time to time, be exercised by any Fire Authority and its Fire Officers, or by any agent, representative, or nominee of such Minister or other person:

Any dispute or difference in respect of any terms, conditions, agreements, or arrangements made or sought pursuant to this section for the exercise of fire control powers provided by this Act shall on application by any party thereto be decided in the public interest by a Rural Fire Mediator.

The exercise of any power purporting to have been conferred pursuant to this section shall not be questioned or avoided on the grounds solely that such power was not conferred or exercised by writing or under seal:

All agreements and arrangements heretofore made that would have been valid if made under this section are hereby validated and confirmed as if they had been made after this section came into force.

Any Fire Authority may arrange with the New Zealand Fire Service Commission, or with the Crown, or with any employer of an industrial fire brigade that the services of the whole or any part or parts of any specified brigade or brigades or apparatus shall be available in such circumstances and upon such terms and conditions as shall be agreed upon for fire control, and subsection (2) of section 16 shall apply as though such services were under a contract, agreement, or arrangement made under that section.

Where the Chief Fire Officer of any Fire District constituted under the Fire Service Act 1975 controls a brigade that for the time being holds apparatus received for emergency purposes from the Crown on loan or by way of gift, the Chief Fire Officer shall on call from the Director-General of Conservation or any officer or employee of the Department of Conservation acting as, or as agent for, a Fire Authority, make available any apparatus, together with an appropriate number of brigadesmen, which may be required for fire control:

Payment for the use of apparatus and for the services of brigadesmen shall be made on such basis as may be agreed upon, or, in default of agreement, as may be prescribed by the National Rural Fire Authority.

Any Fire Authority or any Minister of the Crown or other person having powers, rights, or duties in respect of any property, whether as owner or otherwise, may from time to time enter into, vary, and carry into effect any contracts, agreements, or arrangements for the purpose of fire control, with such provisions as the parties thereto consider necessary or expedient for such purpose.

Notwithstanding any provision or rule of law to the contrary, any contract, agreement, or arrangement made pursuant to subsection (1) shall, to the extent that it is in other respects valid and enforceable, be enforceable at law notwithstanding that it is not evidenced by writing, or not under seal.

All contracts, agreements, and arrangements heretofore made that would have been valid if made under this section are hereby validated and confirmed as if they had been made after this section came into force.

Subject to this Act, the Fire Authority for the district in which any area of continuous forest land is wholly or principally situate may, on application by any eligible landholder in respect of that land, declare it to be a forest area for the purposes of this Act, on such conditions, including any appropriate provision for a fire safety margin, as may be prescribed by this Act or by the Fire Authority.

Every Fire Authority shall keep in accordance with the requirements of the National Rural Fire Authority a Forest Area Register in which are registered all forest areas declared by that Fire Authority, including particulars of any prescribed fire safety margin and of any conditions imposed by the Fire Authority.

Before declaring any land to be a forest area the Fire Authority shall be satisfied that—

Every application for registration as a forest area shall be in the prescribed form and shall be accompanied by—

The notices referred to in paragraphs (b) and (c) of subsection (4) may be identical and shall—

Copies of the application, plan, and notice referred to in subsection (4) shall, in accordance with the notice, be made available by the applicant for public inspection during reasonable hours at a convenient place.

Every eligible landholder for the time being and from time to time who, being in control and occupation of all or any part of a forest area, intends that the rights and duties pertaining to that area and, where appropriate, to any adjacent fire safety margin, are to apply for the ensuing period of 12 months from 31 August in any year, at his own expense and to the extent of that control or occupation shall—

In the event of the failure, without good cause approved or confirmed by the Fire Authority, of the eligible landholder or eligible landholders of a forest area to perform any of the duties or responsibilities required under subsection (7), the registration of that forest area shall be deemed suspended until such failure has been remedied to the satisfaction of the Fire Authority.

A Fire Authority may at any time and from time to time for good and sufficient reason given—

Every registration of a forest shall lapse after a period of 5 years from the initial approval thereof, and at further intervals of 5 years, unless registration is renewed to the approval of the Fire Authority by the same procedures, or as nearly thereto as possible, as are required for the declaration of a forest area.

Any dispute or difference in respect of any decision, condition, requirement, or obligation made or arising in respect of any forest area or of any proposed forest area shall be decided in the public interest by a Rural Fire Mediator.

It shall be the responsibility of every Rural Fire Authority in respect of its area and in the interests of public safety to take appropriate fire control measures, including, in particular,—

It shall be a function of the National Rural Fire Authority to encourage and promote effective fire control measures.

Except where otherwise specified by this Act or by the terms of the measure, any fire control measure requiring to be notified in any manner—

Except where otherwise provided by this Act or by the terms of the measure, every fire control measure requiring, authorising, directing, ordering, permitting, restricting, or prohibiting any act or omission—

Every fire control measure carried out in respect of any land, structure, or vegetation shall have regard to any relevant national or regional policy statements, regional or district plans, or regulations made under the Resource Management Act 1991.

On any specified day or days in respect of which the National Rural Fire Officer has caused to be broadcast a warning of the occurrence or likelihood of the occurrence of weather or other conditions that may present an extreme fire hazard whereby life and property may be endangered by the outbreak or spreading of fires in any specified area, whether in a district or not, no person shall in that area light any fire in the open air or cause or permit any such fire to be lighted notwithstanding any other enactment.

On any specified day or days in respect of which a Fire Officer has, by notice, given a warning to any person of the occurrence or likelihood of the occurrence of weather or other conditions that may present an extreme fire hazard whereby life and property may be endangered by the outbreak or spreading of fires in any specified area, whether in a district or not, that person shall not in that area light any fire in the open air or cause or permit any such fire to be lighted notwithstanding any other enactment.

Every person commits an offence against this Act who, during the currency of any such warning, and without the authority of a special permit issued pursuant to section 24, lights any fire in the open air, or causes or permits any such fire to be lighted.

When weather or other conditions arise that, in the opinion of a Fire Officer for any district, present an extreme fire hazard whereby life and property may be endangered by the outbreak or spreading of fires in, into, or from that district, his Principal Fire Officer or the Fire Officer (with the approval or confirmation of his Principal Fire Officer) may issue, or cause to be issued, by broadcast or other effective means, an order by way of fire control measure in respect of such area as may be specified in the order, whether within that district or not, in the public interest, and notwithstanding any other enactment—

and every person who, without the authority of a special permit issued pursuant to section 24, fails or refuses to comply with the requirements of any such order commits an offence against this Act.

Where there is no Fire Authority for the whole or any part of any area to be affected by an order under this section, during the period that an order so issued by a Principal Fire Officer or by a Fire Officer remains in force, the Fire Authority for the district to which that Fire Officer belongs shall be deemed the Fire Authority for that area or part and every Fire Officer for that district shall be deemed a Fire Officer for that area or part.

In any case where by reason of an order under this section persons are required to cease their usual work and their employers are unable to find other employment for them the Fire Authority may, if it thinks fit and subject to such conditions as it may impose, make a contribution towards the wages of those men. Where the Fire Authority is the Minister of Conservation, such contribution shall be paid out of money appropriated by Parliament for the purpose. In all cases the contribution may be by grant, subsidy, reimbursement, or otherwise, and may, as seems fitting to the Fire Authority, be paid to those persons or those employers.

The National Rural Fire Authority may, by notice in the Gazette, constitute a rural fire district or by any subsequent notice in the Gazette, specify any restricted or prohibited fire season or seasons in the district or in any specified part or parts of the district and may at any time and from time to time in the same manner cancel or vary any season or seasons.

In addition to any fire season or seasons that may be specified under subsection (1) for a rural fire district, any Fire Authority may, by notice published in a newspaper circulating in the locality to which the notice relates, specify any restricted or prohibited fire season or seasons in its district or in any specified part or parts of its district, and may in like manner at any time and from time to time cancel or vary any such season or seasons.

Every person commits an offence against this Act who sets on fire, or assists to set on fire, or causes or permits to be set on fire, or aids, abets or assists in setting on fire, in the open air, any vegetation or any other combustible material whatsoever, except—

Every permit or authority for any specified person to do any act for which a permit or authority is required under this section—

Every permit, special permit, authority, approval, consent, or other fire control measure (hereinafter in this section referred to as a permit) issued pursuant to this Act to allow the lighting of a fire in the open air shall be deemed to have been issued subject to the following conditions:

Any Fire Officer or Fire Authority may, for the purposes of fire control, withhold the issue of a permit where in his or its reasonable opinion the use of the permit would not be in the public interest.

Notwithstanding sections 20, 21, and 23, a Fire Officer may by special permit authorise the lighting of a fire in the open air—

Every such special permit shall be issued subject to provision for supervision on behalf of the Fire Authority and to any other appropriate special conditions for fire control in the public interest.

Every person commits an offence against this Act who, at any time,—

In any proceedings in respect of any offence under this section or any of sections 20, 21, 23, or 26, a certificate confirming the status of any lands in question—

shall be conclusive proof of that status, unless the defendant proves to the contrary, and all plans, maps, certificates, and copies certified as true by the Director-General of Conservation or Chief Surveyor for the relevant Land District shall be sufficient evidence of their contents without production of original records and without the personal attendance of those officers or proof of their signatures.

Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable under this section, pay the value of the damage to the national park or other State area or to any vegetation or other property thereon. That value or damage shall be assessed by the court in fixing the penalty and shall be recoverable in like manner as a fine.

Every person commits an offence against this Act who at any time, other than in the course of employment in essential services or engagement in land development or preparation with lawful authority, having wilfully or negligently thrown, propelled, left, or dropped or caused to be thrown, propelled, left, or dropped any lighted, burning, or smouldering substance in the open air—

so as to cause a fire hazard in vegetation, fails to take all reasonable steps to extinguish that substance or any ensuing fire, whether or not there is an immediate danger of its causing damage, or, if he finds that he is unable to extinguish the substance or fire, fails to notify immediately the nearest available Fire Officer of the fire and to continue, so far as possible, to endeavour to control and extinguish the substance or fire until it is brought under control or until he obtains the consent of the Fire Officer to desist.

The Fire Authority of any district may at any time, by notice in writing signed on its behalf by a Fire Officer, require any eligible landholder of any land within the district on which exotic trees are allowed to grow for the purpose of producing timber—

The Fire Authority of any district may at any time, by notice in writing signed on its behalf by a Fire Officer, require the owner of any land in the district which is subdivided into allotments for the purposes of sale or for building purposes either before or after the passing of this Act, or which has an area of less than 1 hectare, to remove at his own cost from that land such vegetation or other material of whatsoever kind as in the opinion of the Fire Authority should be removed for the purpose of fire control.

Every eligible landholder of every exotic forest shall, so far as is reasonably practicable, provide and maintain at least 2 safe alternative through-routes whereby persons engaged in any forest or industrial operation may escape from the operation in the event of fire in the forest. If any such landholder fails to provide and maintain such routes as aforesaid to the satisfaction of the Fire Authority for the district, a Fire Officer may by notice in writing require that landholder, within such time as may be specified in the notice, to do such work to provide and maintain the routes as may be specified in the notice.

The Minister of Conservation shall take reasonable measures to have conservation areas kept clear of fire hazards endangering adjacent property in respect of fire risk.

Within 14 days after any notice is given under section 27, the eligible landholder or owner may request the National Rural Fire Officer to appoint a Rural Fire Mediator to give in the public interest a final decision regarding the requirements of the notice.

Pending the decision of the mediator the notice shall be deemed suspended.

If any eligible landholder or owner to whom a notice is given under section 27 fails or refuses to comply with the requirements of the notice within the time specified therein or such further time as may be allowed by a mediator, the Fire Authority may carry out such work and do all such acts, matters, and things as may be necessary to comply with those requirements; and every eligible landholder or owner who so fails or refuses commits an offence against this Act.

All money reasonably expended by a Fire Authority under this section, including all costs as defined in section 41, shall be payable to the Fire Authority by the eligible landholder or owner to whom the notice was given and shall be recoverable as a debt in any court of competent jurisdiction accordingly. Until paid that money shall, in accordance with and to the extent provided for by regulations made under this Act, be a charge on the title or titles to the freehold of the land to which the notice relates, in accordance with the Statutory Land Charges Registration Act 1928, and may be registered against the whole of that title or those titles accordingly.

Every charge on land created by this section shall, save as hereinafter provided, have priority over all existing mortgages, charges, and encumbrances howsoever created, including mortgages, charges, and encumbrances in favour of the Crown. Notwithstanding anything in any other enactment, if any land subject to a charge created by this Act is also subject to a charge created by that other enactment, the charges shall rank equally with each other unless by virtue of that other enactment the charge created thereby would be deferred to the charge created by this section.

The exercise by the Fire Authority of the powers conferred by this section shall not relieve any person from liability to any penalty for failure to comply with the requirements of any notice under this Act.

In any notice in the Gazette which constitutes or provides for the constitution, appointment, or election of a rural fire committee, or in any regulations subsequently made under section 67, the National Rural Fire Authority may require the committee to take such steps, whether by appointment of Fire Officers or other servants or by the provision and maintenance of apparatus or otherwise howsoever, as may be prescribed or referred to in the regulations for the purpose of fire control in the district.

Any such regulations as aforesaid may require the committee to submit to the National Rural Fire Authority from time to time particulars of all or any of the steps taken or proposed to be taken for the purpose aforesaid.

Every person commits an offence against this Act who, without the consent in writing of a Fire Officer for the district, at, on, in, or alongside—

operates any helicopter unless its exhaust is protected from contact with vegetation, or operates any locomotive engine, motor vehicle, tractor, traction engine, portable engine, or stationary engine, or any other steam or internal combustion engine whatsoever, whether on a public road or otherwise, which is not, to the approval of a Fire Officer, provided with safe and efficient means for preventing the escape of dangerous sparks or flame from funnel or exhaust and for preventing the escape of live coals or fire from ashpan or firebox or the escape of petrol or other flammable substance (including fumes) from any appliance or container:

Where fire hazard conditions exist, any Fire Authority may at any time and from time to time by way of fire control measure exclude all or any persons or class or classes of persons from entering into any exotic forest (including any land reserved under Part 4A of the Conservation Act 1987 that is adjacent to any part of that exotic forest); and every person, not being engaged in respect of essential services where adequate precautions against the outbreak or spread of fire are taken, who enters such forest or land contrary to such measure commits an offence against this Act.

The Principal Rural Fire Officer of any district may, from time to time, by notice in writing, require that any person who is felling trees for any commercial or industrial purpose or who is producing timber in a sawmill in that district shall provide and maintain in effective working order such apparatus and observe such other requirements as may be specified by the Principal Rural Fire Officer for the purpose of fire control among the standing trees or the debris of the tree felling operations or the refuse from the sawmilling operations.

Any person who is dissatisfied with any requirements of the Principal Rural Fire Officer under this section may, within 14 days after notice thereof has been given, request the National Rural Fire Officer to appoint a Rural Fire Mediator to give in the public interest a final decision regarding the requirements of the notice.

Pending the decision of the mediator the notice shall be deemed suspended.

Every person who fails or refuses to comply with such requirements of the Principal Rural Fire Officer or mediator, as the case may be, commits an offence against this Act.

Unless otherwise expressly provided therein, it shall be an implied condition in every licence, lease, permit, right, or authority for conducting on any State area any operation that is likely to present a fire hazard, that the holder thereof shall take all such measures as may be necessary to prevent the occurrence or spread of any fire and provide equipment that is suitable and adequate for the purpose of fighting fires and for securing the safety of lives from fire in the area, and shall place that equipment in localities and upon sites where it will be readily accessible and convenient for use, and shall provide such structures and do all such things as may be necessary for the protection of the equipment, and shall maintain the equipment in good order and condition and ensure that it is readily accessible and convenient for use at all times.

Every person who fails or refuses to comply with the requirements of subsection (1) commits an offence against this Act.

Any person not being engaged in essential services where adequate precautions against the outbreak or spread of fire are taken who becomes aware of a fire burning unattended in the open air—

shall immediately cease the work or other activity on which he is engaged or employed and shall do everything reasonably within his power to extinguish the fire, whether or not there is an immediate danger of its causing damage; and if he finds that he is unable to extinguish the fire he shall immediately notify the nearest available Fire Officer of the outbreak, and shall then continue so far as possible to endeavour to control and extinguish the fire until it is brought under control or until he obtains the approval of a Fire Officer to desist.

Where a fire breaks out on any State area in respect of which any person holds a licence, lease, permit, right, or authority, or within 1.5 km of that area, or along or within 0.5 km of such portion of any route regularly traversed in the course of operations in connection with that area as is on or within 1.5 km of any State area, that person and his servants, agents, and employees, if they discover or become aware of the outbreak of fire while they are in that area or on that portion of that route or within 8 km of the boundary of that area or of any part of that portion of that route, shall immediately cease the work or other activity on which they are engaged or employed and shall do everything reasonably within their power to extinguish the fire, whether or not there is an immediate danger of its causing damage; and if they find that they are unable to extinguish the fire they shall forthwith cause the nearest available Fire Officer to be notified of the outbreak and shall then continue so far as possible to endeavour to control and extinguish the fire until it is brought under control or until they obtain the approval of a Fire Officer to desist.

Where a fire is burning on land within 1.5 km of any State area, and the fire is in danger of spreading to that area, or where any fire which is not lighted in accordance with a written permit of a Fire Officer is burning in the open air on any other land in any other district during a restricted or prohibited fire season or while a warning under section 20 or an order under section 21 is in force, any occupier of the land on which the fire is burning and any person having any right or licence in respect of that land and all employees of any such occupier or person, if they discover or become aware of the fire while they are on the last-mentioned land or within 8 km of the boundary of that land, shall, immediately upon becoming aware of the fire, take all possible steps to extinguish it; and if they are unable without assistance to do so shall forthwith cause the nearest available Fire Officer to be informed of the existence and locality of the fire and shall then continue so far as possible to endeavour to control and extinguish the fire until it is brought under control or until they obtain the approval of a Fire Officer to desist.

Every person who fails or refuses to comply with the foregoing requirements of this section commits an offence against this Act.

Remuneration or exemption for persons acting in pursuance of this section shall be in accordance with any regulations made in respect of section 38, or as may otherwise be prescribed.

For the purposes of fire control upon the outbreak of fire the Principal Fire Officer or Rural Fire Officer of the district shall perform the following duties and may exercise the following powers:

The person who is appointed as a deputy of a Principal Fire Officer under subsection (1)(a) shall be a Fire Officer or a brigade officer or a person who (in the opinion of the Principal Fire Officer) is otherwise competent in the circumstances to exercise the powers and perform the duties of a Principal Fire Officer under this section.

While a deputy of a Principal Fire Officer is acting in the place of a Principal Fire Officer under subsection (1)(a), the deputy shall have all the powers and duties conferred and imposed on the Principal Fire Officer by this section.

Every person commits an offence against this Act who resists, deceives, harasses, or knowingly obstructs any Principal Fire Officer or Rural Fire Officer, or any person appointed as a deputy under subsection (1)(a), or any Fire Officer, member of a brigade, or other person acting under the instructions or control of such Principal Fire Officer or Rural Fire Officer or deputy, in the exercise or attempted exercise of any power, or the performance or attempted performance of any function or duty, conferred or imposed by this section.

Every constable present at any fire is empowered to support and assist the Fire Officer in the maintenance of his authority and in enforcing due obedience by all persons to his orders in the execution of his duty.

In the event of a fire occurring in any rural fire district, a Fire Officer may require any fit person over the age of 18 years residing or working within the rural fire district or within 8 km of the boundary thereof to assist in extinguishing the fire.

In any case where a fire occurs in a territorial area while an order is in force under section 21 in respect of any specified area, a Fire Officer may require any fit person over the age of 18 years residing or working in the specified area, or within 8 km of the boundary thereof to assist in extinguishing the fire.

In any case where a fire occurs in a territorial area while no order is in force under section 21, or if in the opinion of the Fire Officer the area affected by any such order as aforesaid is not great enough, and owing to weather or other conditions there is an extreme fire hazard whereby life and property may be endangered by the spreading of the fire, the Fire Officer may issue or cause to be issued, either by broadcast or by other effective means, a notice declaring that there is a local fire emergency in such area as may be specified, and in that case the Fire Officer may require any fit person over the age of 18 years residing or working in the specified area or within 8 km of the boundary thereof to assist in extinguishing the fire.

In the event of a fire occurring on or within 1.5 km of any State area, a Fire Officer for the area may require any fit person over the age of 18 years residing or working on or within 8 km of the boundary of any State area on which the fire is burning or to which it is likely to spread to assist in extinguishing the fire.

In exercising any power under this section, the Fire Officer shall not be able to compel any member of a brigade to render any assistance except in accordance with a scheme approved by the New Zealand Fire Service Commission; and shall leave available a sufficient number of men to protect other property.

All persons, other than members of a voluntary rural firefighting organisation, who, having voluntarily placed their services at the disposal of the Fire Officer and by arrangement made with him at the time of the fire or in response to a requirement pursuant to this section, render assistance under the control and direction of the Fire Officer, shall be entitled to be remunerated by the Fire Authority by which the Fire Officer is employed under such circumstances, at such rate, and subject to such conditions as may be prescribed by the National Rural Fire Authority, and they shall be deemed for the purposes of the Accident Compensation Act 2001 while so acting to be employed by the Fire Authority. In any case where the Fire Authority is the Minister of Conservation or a committee appointed by him or the Minister of Defence, all remuneration payable under this subsection shall be paid out of money appropriated by Parliament for the purpose.

The exemptions, terms, and conditions on or subject to which persons whose services are required under this section or who otherwise assist in firefighting operations shall serve the Fire Authority shall be as prescribed from time to time by regulations made under this Act.

Every person not being engaged in essential services where adequate precautions against the outbreak or spread of fire are taken who without sufficient cause, the proof whereof shall lie on him, fails to comply immediately with the request of a Fire Officer under this section commits an offence against this Act.

Where, in the opinion of the National Rural Fire Officer,—

a regional fire emergency exists and, in the public interest, the National Rural Fire Officer may, for the duration of the emergency and for the purposes of this Act, take charge or appoint a Principal Rural Fire Officer or other appropriate Fire Officer or other appropriate person to take charge, in any area, whether included in more than 1 district or not.

The National Rural Fire Officer shall notify the Fire Authority of each district affected of the name of the person taking charge under this section in relation to a regional fire emergency.

In any case where the National Rural Fire Officer has, under this section, taken charge or appointed a person to take charge of any area, that person shall have, in respect of that area, all the powers, authorities, and immunities of a Principal Rural Fire Officer under this Act as if the whole of that area were a Rural Fire District and all the provisions of this Act shall, with any necessary modification, apply accordingly.

Fire Officers and other officers of the Fire Authority district affected shall be subject to the authority of any person appointed under subsection (1) and shall carry out all instructions given by that person or on that person’s behalf.

Notwithstanding the foregoing provisions of this Act, every person commits an offence against this Act who in any district sets fire to any vegetation by way of backburn except, pursuant to specific directions given by the Principal Fire Officer or Rural Fire Officer, or given by a deputy appointed by the Principal Fire Officer under section 36(1)(a).

If, pursuant to subsection (1), the Principal Fire Officer aforesaid or Rural Fire Officer, or any person acting pursuant to specific directions given by the Principal Fire Officer (or his deputy), sets fire to any vegetation by way of backburn, the amount of the loss or damage suffered as a direct result of that action by the owner of the land on which the vegetation exists shall for the purposes of this Act be deemed to be part of the costs incurred in the control and suppression of the fire for the prevention of the spread of which the vegetation was set on fire, and the amount of the loss or damage so suffered shall be refunded to the owner either by the Fire Authority or, in a case to which section 39 applies or in which the Minister of Conservation is the Fire Authority, out of money appropriated by Parliament for the purpose:

This section shall not preclude the lighting of a burnout.

In this Act the term costs, in relation to fire control measures, includes all expenditure, whether by way of wages and other remuneration, charges, expenses, losses, and other outgoings properly incurred or suffered, or otherwise, and, without limiting or restricting the foregoing general provision, includes in particular—

for the time they are required for or engaged on the work.

In this section fire brigade includes any firefighting unit maintained by a Fire Authority.

Subject to the terms and conditions of any agreement or arrangement made pursuant to any of sections 9, 14, 15 and 16, or otherwise—

Where any property has wholly or partially been destroyed or damaged by or safeguarded from an outbreak or threat of outbreak of fire, and responsibility for the outbreak is acknowledged by, or is established by action or otherwise as caused by, any person—

The amount of the costs so recoverable may be wholly or partially established by agreement, or by a Rural Fire Mediator, or by proceedings under section 48(4).

This section shall be deemed to be supplementary to and not in substitution for any other rights of recovery that may exist in law or by enactment or otherwise howsoever.

Before imposing any levy under section 46 or section 46A, a Fire Authority shall reasonably endeavour to recover its costs pursuant to this section.

Every Fire Authority of a rural fire district shall periodically cause an estimate to be prepared of its proposed expenditure for the next ensuing period. Any deficiency at the end of any period shall be carried forward into and be regarded as expenditure for the next period. Any surplus shall be allowed for in assessing the requirements of the next period.

Where a Fire Authority of any rural fire district requires any amount to meet its expenditure for any period of not less than 12 months as provided for in any such estimate, or to meet any special expenditure which is not being met under section 46—

No such levy shall be imposed in respect of any land used for residential or farming purposes, or any buildings or chattels situated on such land, unless the land is in a district which is wholly or substantially occupied for farming purposes.

No such levy shall be imposed in respect of—

In determining the persons on whom such levy is to be imposed and the proportions in which it is to be met by those persons, the Fire Authority shall have regard to the following matters:

The Fire Authority may from time to time when it considers that any relevant circumstances may have changed, and shall, not later than 5 years after it last made an award determining proportions under this section, reconsider the proportions fixed previously and make a new award determining proportions.

In any case where a Fire Authority for a district (other than a State area) has incurred any costs of and incidental to firefighting operations directed towards the control, restriction, suppression, or extinction of a fire in its district—

No such levy shall be imposed in respect of any land used for residential or farming purposes, or any buildings or chattels situated on such land, unless the land is in a district which is wholly or substantially occupied for farming purposes.

No such levy shall be imposed in respect of—

In determining whether a levy is to be imposed under this section and the amount of any such levy, the Fire Authority shall have regard to the following matters:

In assessing the amount of the costs so incurred the Fire Authority may take into account the salaries and wages of its officers and servants during any period outside their normal hours of work while they were engaged in the control and suppression of the fire and in work arising from the fire.

Where the Fire Authority for a State area has incurred any costs of and incidental to firefighting operations directed towards the control, restriction, suppression, or extinction of a fire originating within any part of a commercial or semi-commercial forest area that is situated within the fire safety margin attached to the State area,—

No such levy shall be imposed in respect of any land used for residential or farming purposes, or any buildings or chattels situated on such land, unless the land is in a district which is wholly or substantially occupied for farming purposes.

No such levy shall be imposed in respect of—

In determining whether a levy is to be imposed under this section and the amount of any such levy, the Fire Authority shall have regard to the following matters:

In assessing the amount of the costs so incurred the Fire Authority may take into account the salaries and wages of its officers and servants during any period outside their normal hours of work while they were engaged in the control and suppression of the fire and in work arising from the fire.

Any levy imposed under section 45 or section 46 or section 46A shall contain the date upon which the levy is payable.

Notice of every levy made under section 45 or section 46 or section 46A shall be given to each person upon whom the levy is imposed or who is liable to meet the levy.

In every case where a levy has been imposed upon the Crown under section 45 or section 46 or section 46A, or expenses have been or are to be incurred by the Crown under this Act, the amount shall be paid out of money appropriated by Parliament for the purpose.

All money payable to or by any person or Fire Authority under this Act and all legal or other costs allowed on any appeal under this Act may be recovered as a debt in any court of competent jurisdiction.

Any person—

may at any time within 1 month after notice of the levy or determination has been given to him, request the National Rural Fire Officer to appoint a Rural Fire Mediator to give in the public interest a final decision regarding the requirements of the levy or determination.

Pending the decision of the mediator the levy or determination in question shall be deemed to be suspended.

In any case where the National Rural Fire Officer takes charge or has appointed any Fire Officer or other person to take charge of any area pursuant to section 39, the National Rural Fire Officer may in his or her discretion determine what part of the regional fire emergency costs shall be borne by the Fire Authorities of the districts in the area; and shall apportion that part of the costs between those Fire Authorities.

Where the point of origin of a fire in respect of which emergency costs have been apportioned under subsection (1) is such that a grant may be payable under section 46B of the Fire Service Act 1975 in respect of the costs incurred in respect of the control, restriction, suppression, or extinction of that fire, any determination made under subsection (1) shall be taken into account in the assessing of any claim made for the purposes of section 46B of the Fire Service Act 1975 in respect of those costs.

If any Fire Authority makes default in the payment of any money as required under this section, the amount thereof shall be recoverable from the Fire Authority in any court of competent jurisdiction or, if the Fire Authority is a local authority, may be deducted from any money payable out of public money to that local authority.

The amount of the costs apportioned to each Fire Authority shall for the purposes of the foregoing provisions of this Act be deemed to be costs incurred by the Fire Authority in the control and suppression of a fire.

If a Fire Authority is dissatisfied with the apportionment by the National Rural Fire Officer pursuant to section 51 of the costs incurred in the control, restriction, suppression, and extinction of forest, rural, or other fires in any area, it may, at any time within 1 month after notice of the apportionment has been given to it, request the Minister to appoint a person under section 59 to give in the public interest a final decision regarding such apportionment.

Pending the decision of the person appointed under section 59, the apportionment shall be deemed to be suspended.

The costs incurred by a Fire Authority or apportioned to a Fire Authority under this Act in relation to the control, restriction, suppression, or extinction of any fire shall be deemed to be loss suffered as a result of the fire, and, if the circumstances relating to the origin of the fire or the spread thereof are such that any person who suffers loss as a result of the fire has a right of action for damages in respect of that loss against any other person, then the Fire Authority or any owner or other landholder on whom any portion of those costs are levied pursuant to this Act shall have a right of action for damages against that other person for the amount of the costs or the portion thereof levied as aforesaid.

If any person makes default in the payment of any money payable by him to a Fire Authority under this Act, the amount thereof shall be recoverable from that person as a debt due to the Fire Authority.

It shall be lawful for any Fire Authority, with the consent of the Minister, to borrow money from its bankers by way of overdraft, or from any person or persons, to provide for any expenditure or costs which the Fire Authority may lawfully incur or has lawfully incurred under this Act.

The amount required to repay any money borrowed to provide for any such expenditure or costs and the interest on the money shall be met as if that amount were required to meet the expenditure or costs, and this Act shall apply accordingly:

Where damage to property is caused by any officer, servant, employee, or member of a fire brigade or a Fire Authority, or any other person whatsoever in the exercise in good faith of his powers, duties, or obligations at or in connection with any fire or suspected fire (including any fire or suspected fire occurring beyond the area in which he 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:

No action or proceedings shall be brought against the Crown or the National Rural Fire Authority or any Fire Authority or any officer, servant, or employee of any of them, or against any brigade or officer, servant, employee, or member of a brigade, or any person whatsoever, to recover damages for any damage to property occasioned by an officer, servant, or employee of the Crown or of the National Rural Fire Authority or of a Fire Authority, or any officer, servant, employee, or member of a fire brigade, or any other person in the performance in good faith of his or her functions or duties or the exercise in good faith of his or her 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 Crown, or the National Rural Fire Authority, or any Fire Authority, or any officer, servant, or employee of any of them, or against any brigade or officer, servant, employee, or member of a brigade for their failure or neglect to make, or their negligence in making, adequate provision for the fire control, it shall be a defence to show—

No action or proceedings shall be brought against the Crown or the National Rural Fire Authority or any Fire Authority or any officer, servant, or employee of any of them to recover damages for any loss or damage due to the failure or neglect of the Crown or the National Rural Fire Authority or the Fire Authority to make, or their negligence in making, adequate provision in good faith for fire control.

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

No member of a Fire Authority shall be personally liable for any act done or omitted by the Fire Authority or any member thereof in good faith in pursuance or intended pursuance of the powers and authority of the Fire Authority.

Every Fire Officer shall, in any area in respect of which he exercises his functions and duties, have free access at all reasonable times to any area, building, land, premises, or property, and to any part thereof, for the purpose of ascertaining if any danger of fire or of the spreading of fire exists therein or thereon, and of ascertaining whether the requirements of this Act and of any orders, directions, and requirements given or imposed thereunder are being properly and efficiently observed and performed with respect to the area, building, land, premises, and property; but, except where fire hazard conditions exist, he shall give to any occupier of any private dwellinghouse at least 24 hours’ notice of intention to act under this section and shall reasonably endeavour to give all other occupiers such notice.

The Minister may, at the request of the National Rural Fire Authority or the National Commander, or of any Fire Authority or of his or her own motion, appoint any person or persons to hold an inquiry into and report upon the circumstances of and the steps taken to deal with any fire in any district, whether it occurred before or after the commencement of this Act, and any matter which the Minister may consider appropriate to the inquiry.

The person or persons holding any such inquiry shall, for the purposes thereof, be deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908, and, subject to this section, that Act shall apply accordingly.

In any such case the Fire Authority may, pending the holding of the inquiry as to that fire, take and retain possession of any property damaged, or the remains of any property destroyed, by the fire.

At any such inquiry the Fire Authority may be represented by a member thereof, or by a Fire Officer of the Fire Authority, or by any other person authorised by the Fire Authority, who may adduce evidence and examine and cross-examine witnesses.

Any local authority or other public body which owns or controls any land on which any vegetation is growing may, in its discretion, subject to the provisions of any other Act, do all or any of the following things:

Every person commits an offence against this Act who—

Every person who commits an offence against section 20 or section 21 shall be liable on conviction—

Every person who commits an offence against any of sections 23, 25, 26 and 40 shall be liable on conviction—

Every person who commits an offence under any other provision of this Act, being a provision in respect of which no penalty is otherwise provided for, shall be liable on conviction—

Every person who is convicted of any offence against this Act shall be liable for any costs, loss, damage or expense that is incurred or suffered by any Fire Authority and is caused by the act constituting the offence in addition to the penalty for the offence, and the amount payable in respect of that liability may, on application to the court by the prosecutor or Fire Authority, be awarded by the court in fixing the penalty and may be recovered as a fine. In assessing the amount so payable the court may take into account the costs and other expenses incurred in the investigation of the act constituting the offence and in remedying the damage caused by that act and all other relevant factors.

Where any money is recovered under section 58 of the National Parks Act 1952 or under section 105 of the Reserves Act 1977 or under any other enactment in respect of any costs, loss, damage or expense incurred or suffered by a Fire Authority in extinguishing or attempting to extinguish any fire, the money so recovered shall be paid to the Fire Authority.

Proceedings against any person who, outside of a district, lights a fire in the open air without a special permit under section 24 in any area where a warning is in force under section 20(1) may, without complying with the requirements of subsection (7), be taken by any local authority having territorial jurisdiction over the place where the fire was lit.

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act or any regulations made under it ends on the date that is 12 months after the date on which the offence was discovered.

The National Rural Fire Officer or any Fire Officer may give public notice of the exercise of any of his powers under this Act or of any order, direction, restriction, requirement, or condition given or imposed by him under this Act, and all persons shall be bound thereby. For the purposes of this section the term public notice means a notice published in a newspaper circulating in the locality in which the matter of the notice arises or to which it relates.

The National Rural Fire Officer or any Fire Officer may, without public notice, give notice to any person of the exercise of any of his powers under this Act or of any order, direction, restriction, requirement, or condition as aforesaid, and every person to whom the notice is given shall be bound thereby.

Except where otherwise specially provided, any notice required to be given to any person for the purposes of this Act may be given in writing or orally or by telephone, telegraph, or any other means of communication, and if in writing may be given by causing it to be delivered to that person or to be left at his usual or last known place of abode or business or to be posted in a letter addressed to him at that place of abode or business.

If any such notice is sent to any person by registered letter it shall be deemed to have been delivered to him when it would have been delivered in the ordinary course of post, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.

Any notice required to be given to any person for the purposes of this Act shall be sufficient if it purports to be given by a person authorised to give it and is authenticated by the signature or name of that person.

The Minister shall maintain a panel of persons who may be appointed under section 64A as Rural Fire Mediators.

Every person on the panel shall be a person with special skill or knowledge in rural fire control matters.

The Minister shall publish from time to time in the Gazette the names of the persons who are on the panel maintained by the Minister under subsection (1).

A person shall be removed from the panel if—

The National Rural Fire Officer may, for the purposes of this Act, from time to time appoint as a Rural Fire Mediator any person who is on the panel maintained under section 64.

A Rural Fire Mediator appointed under this section shall be appointed to investigate and determine such matters in relation to rural fire control as are specified in the instruction by which that Rural Fire Mediator is appointed.

A Rural Fire Mediator shall, within the scope of his or her jurisdiction, be deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908, and, subject to this section, all the provisions of that Act, except sections 11 and 12 (which relate to costs) shall apply accordingly.

In his or her investigation a Rural Fire Mediator may make such inquiries and follow such procedures, whether formal or informal, as he or she considers fair and reasonable and likely to facilitate disposal of the matter in question; and may obtain such expert assistance as he or she requires; and may receive in evidence any statement, document, information, or matter that he or she considers may assist the Rural Fire Mediator to deal effectively with that matter, whether or not the same would be admissible in a court of law.

Subject to this section, the procedure of a Rural Fire Mediator shall be such as the Rural Fire Mediator thinks fit.

Subject to section 65, every decision of a Rural Fire Mediator shall be final and conclusive.

The National Rural Fire Authority may pay to any Rural Fire Mediator remuneration by way of fees, salary, or allowances and travelling expenses and allowances in accordance with the Fees and Travelling Allowances Act 1951.

Any party to any dispute, difference, doubt, or other uncertainty who is dissatisfied with a decision of a mediator pursuant to section 64 in relation to any levy or determination under section 45 or section 46 may, within 1 month after notice of the decision has been given to him, appeal in writing setting out the grounds of the appeal to the District Court presided over by a District Court Judge.

All appeals to a court under this section shall be by way of originating application in accordance with the rules of the court.

The court may, if good and sufficient grounds are shown to it, waive any failure to set out the grounds of the appeal on such terms and conditions as the court thinks fit.

The court may confirm, vary, or reverse the decision of the mediator.

The decision of the court shall be final and conclusive.

The New Zealand Fire Service Commission shall, in its annual report under section 150 of the Crown Entities Act 2004, also report—

The Governor-General may from time to time, by Order in Council, make regulations for any purpose for which regulations are contemplated by this Act, and may make all such other regulations as may be necessary or expedient for giving effect to this Act and for the due administration thereof:

Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:

Any regulations under this Act may apply generally in respect of all districts or all industrial operations or may apply only in respect of specified districts or industrial operations or classes of districts or industrial operations.

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

The following enactments are hereby repealed: