Fire and Emergency New Zealand Act 2017

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Fire and Emergency New Zealand Act 2017

Public Act		2017 No 17
Date of assent		11 May 2017
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Fire and Emergency New Zealand
	Subpart 1—Preliminary provisions
3	Purpose
4	Transitional, savings, and related provisions
5	Act binds the Crown
	Subpart 2—Interpretation
6	Interpretation
7	Meaning of rendering safe
	Subpart 3—Fire and Emergency New Zealand and board
8	Continuation of Fire and Emergency New Zealand
9	Board of FENZ
	Subpart 4—FENZ’s principal objectives, functions, and operating principles
	Principal objectives
10	FENZ’s principal objectives
	Functions
11	Main functions of FENZ
12	Additional functions of FENZ
	Operating principles
13	Operating principles of FENZ
	Subpart 5—Local advisory committees, local planning by FENZ, and delegations by board
	Local advisory committees
14	Purpose and functions of local advisory committees
15	Local advisory committees
16	Matters relating to setting local advisory committee boundaries
17	Operating principles for local advisory committees
18	Obligation of board to local advisory committees
19	Appointments to local advisory committees
20	Certain provisions of Crown Entities Act 2004 apply to members of local advisory committees
	Local planning by FENZ
21	Local planning
22	FENZ must prepare and issue fire plan for each local area
	Authorised person
23	Authorised person for purposes of this Act and regulations under this Act
	Delegations by board
24	Delegation of functions, duties, and powers
	Subpart 6—Appointments, vacancies, and requirement to leave FENZ
	Appointments and vacancies
25	Appointment to roles and ranks
26	Appointments on merit
27	Obligation to notify vacancies
28	Obligation to notify appointments
29	Review of appointments
30	Sections 26 to 29 do not apply to appointments of FENZ employees in certain circumstances
	Leaving FENZ compulsorily due to incapacity
31	Board to prescribe health standards
32	Form of, and communication of, health standards
33	Board may require member of operational personnel to leave FENZ due to incapacity
34	When operational employee required to leave FENZ ceases to be employee
35	Appeal by volunteer against requirement to leave FENZ compulsorily
	Subpart 7—Volunteers
36	Duty of FENZ in relation to volunteers
37	FENZ to make advocacy and support services available to FENZ volunteers
	Part 2 Emergencies, fire control, industry brigades, water supply, and evacuation schemes
	Subpart 1—Operational functions, duties, and powers
	Functions, duties, and powers in emergencies
38	Alarm of fire or any fire reported
39	Hazardous substance emergency
40	Emergency that does not involve fire or hazardous substance
41	Duty of authorised person to control and direct
42	Powers of authorised person in relation to land, building, or structure
43	Powers of authorised person in relation to vegetation
44	Other powers of authorised person
45	Power to destroy or dispose of any by-product
46	Conclusive evidence of authority to perform function or duty or exercise power
47	Sections 38 to 46 apply subject to certain enactments
48	Power to use water for any emergency and training purposes
49	Duty to notify hazardous substance agencies in case of hazardous substance emergencies
50	Duty to provide reports to hazardous substance agencies
51	Power of authorised person to direct personnel
	Prohibitions and restrictions for fire control
52	FENZ may prohibit fire in open air and prohibit or restrict other activities
53	Fire in open air prohibited
54	Prohibited activities
55	Restricted activities
	Fire seasons
56	Prohibited or restricted fire seasons
57	Fire in open air during prohibited fire season
58	Fire in open air during restricted fire season
	Permit holder must produce permit for inspection
59	Permit must be produced for inspection when required
	Further provisions relating to fire control
60	Causing or allowing fire to get out of control and to spread
61	Burning or smouldering substance in open air
62	Firebreaks
63	Appeal against notice under section 62
64	Landholder must comply with notice under section 62
65	Removal or destruction of vegetation or other thing increasing fire risk
66	Appeal against notice under section 65
67	Owner or occupier must comply with notice under section 65
68	Removal or destruction of vegetation or other thing that is source of imminent danger
	Subpart 2—Industry brigades
69	Organisation and maintenance of industry brigades
70	Agreements relating to industry brigades
71	Powers of industry brigades
	Subpart 3—Provisions relating to water supply
	Code of practice for firefighting water supplies
72	Minister may approve code of practice for firefighting water supplies
73	Duty to develop, consult on, recommend the approval of, and publish and notify code of practice for firefighting water supplies
	Powers and duties in relation to firefighting water supply
74	Powers in relation to checks as to adequacy of firefighting water supplies
	Subpart 4—Evacuation schemes
75	Relevant building defined for purposes of sections 76 to 79
76	Owner must provide and maintain evacuation scheme for relevant building
77	Owner must apply to FENZ for approval of evacuation scheme
78	FENZ may revoke, or require variation of, approved evacuation scheme
79	District Court order closing relevant building
	Part 3 Levy
	Subpart 1—Purpose and interpretation
80	Purpose of this Part
81	Interpretation in this Part
82	Meaning of amount insured
83	Declared value
	Subpart 2—Levy on insured property
84	Levy payable on motor vehicles
85	Levy payable on other property
86	Insurer must pay levy to FENZ
87	Circumstances where policyholder or insurance intermediary must pay levy to FENZ
88	When levy must be paid
	Policyholder to pay insurer
89	Policyholder must pay amount of levy to insurer
90	Insurer must identify levy on invoice, etc
91	FENZ may release insurer from liability
92	Joint and several liability
	Subpart 3—Returns, records, and information
	Returns
93	Levy payer must make return
	Records
94	Levy payers and insurance intermediaries must keep records for 7 years
	FENZ may require information
95	Power to require information
96	Persons required to provide information have privileges of witnesses in court
	Confidentiality
97	Confidentiality of information and documents
98	Conditions relating to publication or disclosure of information or documents
	False or misleading information
99	Offence to provide false or misleading information
	Subpart 4—Avoidance arrangements and shortfall penalties
100	Levy shortfall and shortfall penalties must be recovered under subpart 5
	Levy avoidance arrangements
101	Levy avoidance arrangement void
102	FENZ’s power to determine liability for levy in case of levy avoidance arrangement
	Shortfall penalties
103	Interpretation and other matters related to shortfall penalties
104	Not taking reasonable care
105	Unacceptable levy position
106	Gross carelessness
107	Abusive levy position
108	Reduction of penalty for previous behaviour
109	Reduction of penalty for disclosure of unacceptable levy position
110	Reduction of penalty for voluntary disclosure of levy shortfall
	Joint and several liability of person involved in levy shortfall
111	Joint and several liability of person involved in levy shortfall
112	When shortfall penalties must be paid
	Subpart 5—Notice of levy shortfall process and adjudication
	Preliminary matters
113	Burden of proof in dispute relating to levy shortfall or shortfall penalty
114	Time limit for assessment of levy
115	Minister may approve forms
	Notice of levy shortfall and notice of response
116	FENZ may provide notice of levy shortfall to levy payer and to person liable for shortfall penalty
117	Content of notice of levy shortfall
118	Notice of response
119	Deemed acceptance of notice of levy shortfall
120	FENZ may provide new notice of levy shortfall to add respondent
121	Next step if parties do not agree
	Statements of position
122	FENZ’s statement of position
123	Respondent’s statement of position
124	Deemed acceptance of FENZ’s statement of position
125	FENZ may provide new notice of levy shortfall to add respondent
	Adjudication
126	Referral for adjudication
127	Conduct of adjudication
128	Decision of adjudicator
129	Costs
130	Appeal
	Provisions relating to adjudicators
131	Appointment of adjudicators
132	Removal of adjudicators
133	Remuneration of adjudicators
	Other matters
134	Test cases
135	Decisions to be made available
	Subpart 6—Interest
136	Purpose of section 137
137	Interest on unpaid and overpaid levy and shortfall penalty
138	Amount of interest payable
139	Interest priority
140	Interest payable immediately
	Subpart 7—Regulations relating to levy
141	Levy regulations
142	Procedure for levy regulations
143	Consultation about levy regulations
	Part 4 Miscellaneous and enforcement provisions
	Subpart 1—Agreements with Department of Conservation, New Zealand Defence Force, and Ministry of Education
	Provisions relating to Department of Conservation
144	Interpretation in this subpart
145	Policy for fire control in relation to public conservation land and additional land
146	Review of policy for fire control in relation to public conservation land and additional land
147	Agreement with Department of Conservation
	Provisions relating to New Zealand Defence Force
148	Agreement with New Zealand Defence Force
149	Functions, duties, and powers of Chief of Defence Force in relation to defence area
150	Command of defence fire brigade and any other personnel
	Provision relating to Ministry of Education
151	Memorandum of understanding with Ministry of Education
	Subpart 2—Offences
	Infringement offences
152	Proceedings for infringement offence
153	Infringement notices
154	Power of authorised person to demand information
155	Payment of infringement fees
	Other offences
156	Offence to impersonate personnel with intent to deceive
157	Offence to knowingly give false alarm of fire
158	Offence to interfere with exercise of powers and duties under Act
159	Offence to knowingly or recklessly store spontaneously combustible material in breach of requirements
	Subpart 3—Liability-related provisions
160	Damage in firefighting to be damage by fire within meaning of contract of fire insurance
161	Limitation of liability
162	Defences in actions or proceedings relating to designated services
163	Application of sections 120 to 126 of Crown Entities Act 2004 to volunteers
164	Damage and liability provisions in relation to defence fire brigades
	Subpart 4—Powers of entry, inspection, and search
165	Interpretation in this subpart
166	Appointment of FENZ inspectors
167	Identity cards
168	Suspension and ending of appointment of FENZ inspectors
169	FENZ inspectors subject to directions from FENZ
170	Powers of entry and inspection
171	Power to enter homes and marae
172	Power to deal with cause of imminent danger
173	Power to take samples and other objects and things
174	Power of FENZ to authorise making of applications for search warrants
175	Power to restrict or prohibit entry to sites
176	Application to FENZ for access to sites to which entry is prohibited or restricted
177	Application to District Court for access to sites to which entry is prohibited or restricted
	Subpart 5—Dispute resolution
178	Duty to develop dispute resolution scheme
179	Principles of dispute resolution scheme
180	Content of rules of dispute resolution scheme
181	Consultation
182	Approval and publication of dispute resolution scheme
183	Participation is voluntary
184	Other proceedings
185	District Court to enforce dispute resolution scheme
186	Appeals
	Subpart 6—Regulations
187	General regulation-making power
188	Regulations relating to operating processes for local advisory committees
189	Regulations relating to fire plans
190	Regulations relating to permits for fires in open air
191	Regulations relating to fire safety and evacuation procedures in relation to buildings
192	Regulations relating to evacuation schemes for relevant building
	Subpart 7—General provisions
193	Status of FENZ under Reserves Act 1977
194	FENZ may acquire or take and hold land under the Public Works Act 1981
	Subpart 8—Repeals, revocations, and consequential amendments
195	Repeals
196	Revocations
197	Consequential amendments
198	Amendments to Local Government Act 2002
199	New section 152B inserted (Effect of Fire and Emergency New Zealand Act 2017 on bylaws)
	152B	Effect of Fire and Emergency New Zealand Act 2017 on bylaws
200	Sections 183 and 184 and cross-heading above section 183 repealed
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Consequential amendments
	Legislative history
	Administrative information

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