Fire and Emergency New Zealand Bill

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Hon Peter Dunne

Fire and Emergency New Zealand Bill

Government Bill

148—1

Contents

Explanatory note
1Title
2Commencement
3Purpose
4Transitional, savings, and related provisions
5Act binds the Crown
6Interpretation
7Meaning of rendering safe
8Continuation of Fire and Emergency New Zealand
9Board of FENZ
10FENZ’s main objectives
11Main functions of FENZ
12Additional functions of FENZ
13Operating principles of FENZ
14Local committees
15Functions of local committees
16Matters relating to setting local committee boundaries
17Local planning
18Operating principles for local committees
19Obligation of board to local committees
20Appointments to local committees
21Certain provisions of Crown Entities Act 2004 apply to members of local committees
22Delegation of functions, duties, and powers
23Appointment of officers to roles and ranks
24Appointments on merit
25Obligation to notify vacancies
26Obligation to notify appointments
27Review of appointments
28Board to prescribe health standards
29Form of, and communication of, health standards
30Board may require member of operational personnel to leave FENZ due to incapacity
31When operational employee required to leave FENZ ceases to be employee
32Appeal by volunteer against requirement to leave FENZ compulsorily
33Duty of FENZ in relation to volunteers
34FENZ to make advocacy and support services available to FENZ volunteers
35Alarm of fire or any fire reported
36Hazardous substance emergency
37Emergency that does not involve fire or hazardous substance
38Duty of authorised person to control and direct
39Powers of authorised person in relation to land, building, or structure
40Powers of authorised person in relation to tree or other plant
41Other powers of authorised person
42Power to destroy or dispose of any by-product
43Conclusive evidence of authority to perform function or duty or exercise power
44Sections 35 to 43 apply subject to certain enactments
45Power to use water in mains for any emergency and training purposes
46Duty to notify enforcement organisations in case of hazardous substance emergencies
47Duty to provide reports to hazardous substances enforcement organisations
48Power of authorised person to direct personnel
49FENZ may prohibit open fires and prohibit or restrict other activities
50Open fires prohibited
51Prohibited activities
52Restricted activities
53Prohibited or restricted fire seasons
54Open fires during prohibited fire season
55Open fires during restricted fire season
56Spread of fire to vegetation
57Leaving burning or smouldering substance in open air
58Firebreaks on forestry land
59Organisation and maintenance of industry fire brigades
60Agreements relating to industry fire brigades
61Powers of industry fire brigades
62Minister may approve code of practice for firefighting water supply
63Duty to develop, consult on, recommend the approval of, and publish and notify code of practice for firefighting water supplies
64Powers in relation to checks as to adequacy of water supplies
65Relevant building defined for purposes of sections 66 to 68
66Owner must provide and maintain evacuation scheme for relevant building
67Owner must apply to FENZ for approval of evacuation scheme
68District Court order closing relevant building
69Purpose of this Part
70Interpretation in this Part
71Meaning of amount insured
72Declared value
73Levy payable on motor vehicles
74Levy payable on other property
75Insurer must pay levy to FENZ
76Circumstances where policyholder must pay levy to FENZ
77When levy must be paid
78Policyholder must pay amount of levy to insurer
79Insurer must identify levy on invoice, etc
80FENZ may release insurer from liability
81Joint and several liability
82Dispute relating to levy or shortfall penalty
83Time limit for assessment for levy
84Levy payer must make return
85Levy payers and insurance intermediaries must keep records for 7 years
86Power to require information
87Persons required to provide information have privileges of witnesses in court
88Confidentiality of information and documents
89Conditions relating to publication or disclosure of information or documents
90Offence to provide false or misleading information
91Levy avoidance arrangement void
92FENZ’s power to determine liability for levy in case of levy avoidance arrangement
93Not taking reasonable care
94Unacceptable levy position
95Gross carelessness
96Abusive levy position
97Reduction of penalties for previous behaviour
98When shortfall penalties must be paid
99Purpose of section 100
100Interest on unpaid and overpaid levy
101Amount of interest payable on unpaid and overpaid levy
102Interest priority
103Interest payable immediately
104Levy regulations
105Procedure for levy regulations
106Consultation about levy regulations
107Interpretation in this subpart
108Policy for fire services and designated emergency services in relation to public conservation land and additional land
109Review of policy for fire services and designated emergency services in relation to public conservation land and additional land
110Agreement with Department of Conservation
111Agreement with New Zealand Defence Force
112Functions, duties, and powers of Chief of Defence Force in relation to defence area
113Command of defence fire brigade and any other personnel
114Memorandum of understanding with Ministry of Education
115Proceedings for infringement offence
116Infringement notices
117Payment of infringement fees
118Offence to impersonate personnel with intent to deceive
119Offence to knowingly give false alarm of fire
120Offence to interfere with exercise of powers and duties under Act
121Offence to knowingly or recklessly store spontaneously combustible material in breach of requirements
122Damage in firefighting to be damage by fire within meaning of contract of fire insurance
123Limitation of liability
124Defences in actions or proceedings relating to designated emergency services
125Application of sections 120 to 126 of Crown Entities Act 2004 to volunteers
126Damage and liability provisions in relation to defence fire brigades
127Interpretation in this subpart
128Appointment of FENZ inspectors
129Identity cards
130Suspension and ending of appointment of FENZ inspectors
131FENZ inspectors subject to directions from FENZ
132Powers of entry and inspection
133Power to enter homes and marae
134Power to deal with cause of imminent danger
135Power to take samples and other objects and things
136Power of FENZ to authorise making of applications for search warrants
137Power to restrict or prohibit entry to sites
138Duty to develop dispute resolution scheme
139Principles of dispute resolution scheme
140Content of rules of dispute resolution scheme
141Consultation
142Approval and publication of dispute resolution scheme
143Participation is voluntary
144Other proceedings
145District Court to enforce dispute resolution scheme
146Appeals
147Disputes relating to Part 3
148General regulation-making power
149Regulations relating to operating processes for local committees
150Regulations relating to fire plans
151Regulations relating to permits for lighting of open fires
152Regulations relating to fire safety and evacuation procedures in relation to buildings
153Regulations relating to evacuation schemes for relevant building
154Status of FENZ under Reserves Act 1977
155FENZ may acquire or take and hold land under the Public Works Act 1981
156Repeals
157Revocations
158Consequential amendments

The Parliament of New Zealand enacts as follows: