Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 3 August 2018, are made under section 188 of the Fire and Emergency New Zealand Act 2017 (the Act).
The regulations specify the requirements for appointing LAC members and notifying the membership of an LAC.
Regulation 4 and Schedule 1 provide for transitional, savings, and related provisions. (There are no such provisions at the time of the making of these regulations but if the regulations are amended in the future, any transitional, savings, and other provisions relating to the amendments will be inserted in Schedule 1).
Regulation 5 provides that an LAC must have a chairperson, a deputy chairperson, and at least 3 members (5 members in total). However, the board of Fire and Emergency New Zealand (the board) can decide that, because of the size of the local area in relation to which an LAC has responsibilities, that particular LAC may have no more than 4 members in total.
Regulation 6 requires the board, before appointing an LAC member, to give public notice of the requirements for submitting a nomination, including the closing date and time for nominations. An appointment must be made from among the persons nominated.
Regulation 7 provides that an LAC member is appointed when the member receives written notice of the appointment, which must state the date on which the appointment takes effect, the term of the appointment, and any conditions of the appointment. As soon as practicable after appointing an LAC member, the board must notify the chief executive of the Department of Internal Affairs and publicly notify the appointment.
Regulation 8 provides that an LAC member may be appointed for a term not exceeding 3 years, but may be reappointed for any further term or terms.
Regulation 9 provides that an LAC member may resign by giving at least 28 days’ written notice to the board.
Regulation 10 sets out the circumstances in which the board may remove an LAC member. These circumstances include that the member has failed to perform his or her functions in accordance with the operating principles developed by the board in accordance with section 17 of the Act.
Regulation 11 provides that a vacancy in the membership of an LAC that leaves the LAC with fewer than the requisite number of members must be filled by the board appointing another member in accordance with regulations 6 and 7.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 5 July 2018.
These regulations are administered by the Department of Internal Affairs.