Fire and Emergency New Zealand Bill

enacted

Search within this Bill

Hon Peter Dunne

Fire and Emergency New Zealand Bill

Government Bill

148—3

	Key
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
13A	Purpose and functions of local advisory committees
14	Local advisory committees
16	Matters relating to setting local advisory committee boundaries
18	Operating principles for local advisory committees
19	Obligation of board to local advisory committees
20	Appointments to local advisory committees
21	Certain provisions of Crown Entities Act 2004 apply to members of local advisory committees
	Local planning by FENZ
21A	Local planning
21B	FENZ must prepare and issue fire plan for each local area
	Authorised person
21C	Authorised person for purposes of this Act and regulations under this Act
	Delegations by board
22	Delegation of functions, duties, and powers
	Subpart 6—Appointments, vacancies, and requirement to leave FENZ
	Appointments and vacancies
23	Appointment to roles and ranks
24	Appointments on merit
25	Obligation to notify vacancies
26	Obligation to notify appointments
27	Review of appointments
27A	Sections 24 to 27 do not apply to appointments of FENZ employees in certain circumstances
	Leaving FENZ compulsorily due to incapacity
28	Board to prescribe health standards
29	Form of, and communication of, health standards
30	Board may require member of operational personnel to leave FENZ due to incapacity
31	When operational employee required to leave FENZ ceases to be employee
32	Appeal by volunteer against requirement to leave FENZ compulsorily
	Subpart 7—Volunteers
33	Duty of FENZ in relation to volunteers
34	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
35	Alarm of fire or any fire reported
36	Hazardous substance emergency
37	Emergency that does not involve fire or hazardous substance
38	Duty of authorised person to control and direct
39	Powers of authorised person in relation to land, building, or structure
40	Powers of authorised person in relation to vegetation
41	Other powers of authorised person
42	Power to destroy or dispose of any by-product
43	Conclusive evidence of authority to perform function or duty or exercise power
44	Sections 35 to 43 apply subject to certain enactments
45	Power to use water for any emergency and training purposes
46	Duty to notify hazardous substance agencies in case of hazardous substance emergencies
47	Duty to provide reports to hazardous substance agencies
48	Power of authorised person to direct personnel
	Prohibitions and restrictions for fire control
49	FENZ may prohibit fire in open air and prohibit or restrict other activities
50	Fire in open air prohibited
51	Prohibited activities
52	Restricted activities
	Fire seasons
53	Prohibited or restricted fire seasons
54	Fire in open air during prohibited fire season
55	Fire in open air during restricted fire season
	Permit holder must produce permit for inspection
55A	Permit must be produced for inspection when required
	Further provisions relating to fire control
56	Causing or allowing fire to get out of control and to spread
57	Burning or smouldering substance in open air
58	Firebreaks
58A	Appeal against notice under section 58
58B	Landholder must comply with notice under section 58
58C	Removal or destruction of vegetation or other thing increasing fire risk
58D	Appeal against notice under section 58C
58E	Owner or occupier must comply with notice under section 58C
58F	Removal or destruction of vegetation or other thing that is source of imminent danger
	Subpart 2—Industry brigades
59	Organisation and maintenance of industry brigades
60	Agreements relating to industry brigades
61	Powers of industry brigades
	Subpart 3—Provisions relating to water supply
	Code of practice for firefighting water supplies
62	Minister may approve code of practice for firefighting water supplies
63	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
64	Powers in relation to checks as to adequacy of firefighting water supplies
	Subpart 4—Evacuation schemes
65	Relevant building defined for purposes of sections 66 to 68
66	Owner must provide and maintain evacuation scheme for relevant building
67	Owner must apply to FENZ for approval of evacuation scheme
67A	FENZ may revoke, or require variation of, approved evacuation scheme
68	District Court order closing relevant building
	Part 3 Levy
	Subpart 1—Purpose and interpretation
69	Purpose of this Part
70	Interpretation in this Part
71	Meaning of amount insured
72	Declared value
	Subpart 2—Levy on insured property
73	Levy payable on motor vehicles
74	Levy payable on other property
75	Insurer must pay levy to FENZ
76	Circumstances where policyholder ~~or broker~~ or insurance intermediary must pay levy to FENZ
77	When levy must be paid
	Policyholder to pay insurer
78	Policyholder must pay amount of levy to insurer
79	Insurer must identify levy on invoice, etc
80	FENZ may release insurer from liability
81	Joint and several liability
	Subpart 3—Returns, records, and information
	Returns
84	Levy payer must make return
	Records
85	Levy payers and insurance intermediaries must keep records for 7 years
	FENZ may require information
86	Power to require information
87	Persons required to provide information have privileges of witnesses in court
	Confidentiality
88	Confidentiality of information and documents
89	Conditions relating to publication or disclosure of information or documents
	False or misleading information
90	Offence to provide false or misleading information
	Subpart 4—Avoidance arrangements and shortfall penalties
90A	Levy shortfall and shortfall penalties must be recovered under subpart 4A
	Levy avoidance arrangements
91	Levy avoidance arrangement void
92	FENZ’s power to determine liability for levy in case of levy avoidance arrangement
	Shortfall penalties
92A	Interpretation and other matters related to shortfall penalties
93	Not taking reasonable care
94	Unacceptable levy position
95	Gross carelessness
96	Abusive levy position
97	Reduction of penalty for previous behaviour
97A	Reduction of penalty for disclosure of unacceptable levy position
97B	Reduction of penalty for voluntary disclosure of levy shortfall
	Joint and several liability of person involved in levy shortfall
97C	Joint and several liability of person involved in levy shortfall
98	When shortfall penalties must be paid
	Subpart 4A—Notice of levy shortfall process and adjudication
	Preliminary matters
98A	Burden of proof in dispute relating to levy shortfall or shortfall penalty
98B	Time limit for assessment of levy
98C	Minister may approve forms
	Notice of levy shortfall and notice of response
98D	FENZ may provide notice of levy shortfall to levy payer and to person liable for shortfall penalty
98E	Content of notice of levy shortfall
98F	Notice of response
98G	Deemed acceptance of notice of levy shortfall
98H	FENZ may provide new notice of levy shortfall to add respondent
98I	Next step if parties do not agree
	Statements of position
98J	FENZ’s statement of position
98K	Respondent’s statement of position
98L	Deemed acceptance of FENZ’s statement of position
98M	FENZ may provide new notice of levy shortfall to add respondent
	Adjudication
98N	Referral for adjudication
98O	Conduct of adjudication
98P	Decision of adjudicator
98Q	Costs
98R	Appeal
	Provisions relating to adjudicators
98S	Appointment of adjudicators
98T	Removal of adjudicators
98U	Remuneration of adjudicators
	Other matters
98V	Test cases
98W	Decisions to be made available
	Subpart 5—Interest
99	Purpose of section 100
100	Interest on unpaid and overpaid levy and shortfall penalty
101	Amount of interest payable
102	Interest priority
103	Interest payable immediately
	Subpart 6—Regulations relating to levy
104	Levy regulations
105	Procedure for levy regulations
106	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
107	Interpretation in this subpart
108	Policy for fire control in relation to public conservation land and additional land
109	Review of policy for fire control in relation to public conservation land and additional land
110	Agreement with Department of Conservation
	Provisions relating to New Zealand Defence Force
111	Agreement with New Zealand Defence Force
112	Functions, duties, and powers of Chief of Defence Force in relation to defence area
113	Command of defence fire brigade and any other personnel
	Provision relating to Ministry of Education
114	Memorandum of understanding with Ministry of Education
	Subpart 2—Offences
	Infringement offences
115	Proceedings for infringement offence
116	Infringement notices
116A	Power of authorised person to demand information
117	Payment of infringement fees
	Other offences
118	Offence to impersonate personnel with intent to deceive
119	Offence to knowingly give false alarm of fire
120	Offence to interfere with exercise of powers and duties under Act
121	Offence to knowingly or recklessly store spontaneously combustible material in breach of requirements
	Subpart 3—Liability-related provisions
122	Damage in firefighting to be damage by fire within meaning of contract of fire insurance
123	Limitation of liability
124	Defences in actions or proceedings relating to designated services
125	Application of sections 120 to 126 of Crown Entities Act 2004 to volunteers
126	Damage and liability provisions in relation to defence fire brigades
	Subpart 4—Powers of entry, inspection, and search
127	Interpretation in this subpart
128	Appointment of FENZ inspectors
129	Identity cards
130	Suspension and ending of appointment of FENZ inspectors
131	FENZ inspectors subject to directions from FENZ
132	Powers of entry and inspection
133	Power to enter homes and marae
134	Power to deal with cause of imminent danger
135	Power to take samples and other objects and things
136	Power of FENZ to authorise making of applications for search warrants
137	Power to restrict or prohibit entry to sites
137A	Application to FENZ for access to sites to which entry is prohibited or restricted
137B	Application to District Court for access to sites to which entry is prohibited or restricted
	Subpart 5—Dispute resolution
138	Duty to develop dispute resolution scheme
139	Principles of dispute resolution scheme
140	Content of rules of dispute resolution scheme
141	Consultation
142	Approval and publication of dispute resolution scheme
143	Participation is voluntary
144	Other proceedings
145	District Court to enforce dispute resolution scheme
146	Appeals
	Subpart 6—Regulations
148	General regulation-making power
149	Regulations relating to operating processes for local advisory committees
150	Regulations relating to fire plans
151	Regulations relating to permits for fires in open air
152	Regulations relating to fire safety and evacuation procedures in relation to buildings
153	Regulations relating to evacuation schemes for relevant building
	Subpart 7—General provisions
154	Status of FENZ under Reserves Act 1977
155	FENZ may acquire or take and hold land under the Public Works Act 1981
	Subpart 8—Repeals, revocations, and consequential amendments
156	Repeals
157	Revocations
158	Consequential amendments
159	Amendments to Local Government Act 2002
160	New section 152B inserted (Effect of Fire and Emergency New Zealand Act 2016 on bylaws)
	152B	Effect of Fire and Emergency New Zealand Act 2016 on bylaws
161	Sections 183 and 184 and cross-heading above section 183 repealed
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Consequential amendments
	Legislative history

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

List of access keys

Quick search

My recent searches

Fire and Emergency New Zealand Bill

Fire and Emergency New Zealand Bill

Contents