Fire Service Act 1975

1: Short Title and commencement
1: This Act may be cited as the Fire Service Act 1975.
2: Except as otherwise provided herein, this Act shall come into force on 1 April 1976.
2: Interpretation
1: In this Act, unless the context otherwise requires,— building Building Act 2004 building code section 7 chief executive section 17A section 17I(3) Chief Fire Officer section 27 Deputy Chief Fire Officer Commission section 4 contaminant
a: is foreign to or alters the balance of the natural constituents of the environment into which it is introduced; and
b: is or may be injurious to, or will or may adversely affect, the environment or the health or the safety of persons or property contract of fire insurance co-ordination scheme section 17P defence area section 2(1) defence fire brigade Defence Act 1990 Deputy National Commander section 17V emergency equipment executive officer facultative reinsurance fees framework section 10 financial year section 136 Fire Area section 25 Fire Authority Forest and Rural Fires Act 1977 fire brigade brigade
a: means a group of persons organised and trained for the prevention, suppression, and extinction of fires, and responsible to the National Commander for discipline and duty; and
b: includes a volunteer fire brigade; but
c: does not include—
i: a defence fire brigade; or
ii: an industrial fire brigade Fire District District section 26 firefighter fire hazard section 7 Fire Region Region section 24 Fire Service section 3 Fire Service Commission section 3 of the Fire Services Act 1972 section 3 of the Fire Services Amendment Act 1974 forest Forest and Rural Fires Act 1977 Gratuities Fund section 57 hazardous substance
a: any hazardous substance as defined in section 2
b: any radioactive material as defined in section 5(1) hazardous substance emergency household unit section 7 industrial fire brigade section 36 insurance company
a: means any company, corporation, or partnership which, or person who,—
i: undertakes any liability under any contract of fire insurance (other than marine insurance), whether exclusively or in conjunction with any other business; or
ii: accepts a payment in respect of any property to provide indemnity or a reserve to cover future loss or future damage resulting from circumstances which include loss or damage from fire, or for any other purpose similar or analogous to a contract of fire insurance; or
iii: makes provision for the establishment of a fund to provide indemnity to cover future loss or future damage resulting from circumstances which include loss or damage from fire, or for any other purpose similar or analogous to a contract of fire insurance; or
iv: issues any cover note in respect of a contract of fire insurance or gives any information that insurance, which includes cover from fire, has been effected, or issues any receipt acknowledging the receipt of a premium in respect of a contract of fire insurance, or receives any premiums, proposals, or requests for insurance which includes cover from fire; and
b: includes State Insurance Limited; and
c: unless the context otherwise requires, includes the agent, attorney, or representative of any company, corporation, partnership, or person described or named in paragraph (a) or paragraph (b), whether or not that company, corporation, partnership, or person is incorporated or resident in New Zealand; but
d: does not include any company, corporation, partnership, or person associated with the owner of property, including any parent company, associate company, or subsidiary company of the owner, unless the said company, corporation, partnership, or person associated with the owner is engaged solely or principally in providing indemnity or a reserve or a fund to cover future loss or future damage from fire levy
a: means the levy imposed under sections 48 49 49A 49B
b: except where this Act otherwise provides, includes—
i: all interest payable in terms of section 53(1)
ii: any penalty surcharge payable pursuant to section 53A marine insurance section 3 provided that—
a: a contract of insurance in respect of any cargo shall be deemed not to be marine insurance from the time of delivery—
i: to the consignee's or other final warehouse or place of storage at the destination named in the contract; or
ii: to any other warehouse or place of storage, whether prior to or at the destination named in the contract, which the insured elects to use either for storage other than in the ordinary course of transit, or for allocation or distribution; or
iii: on the expiry of 60 days after completion of discharge overside of the goods insured from the overseas vessel at the final port of discharge,— whichever shall first occur
b: a contract of insurance in respect of any ship or vessel normally or customarily removed from the water and transported or stored upon land when not in use shall be deemed not to be marine insurance means of escape from fire section 7 medical practitioner section 114(1)﻿(a) member of the Fire Service sections 17A 17I(3) 17M 17W Minister National Commander section 17M National Rural Fire Authority section 14A National Rural Fire Officer section 17W owner Principal Fire Officer section 2(1) regional council Local Government Act 2002 reinsurance company Reserve Fund section 58 rural area rural fire control measures Forest and Rural Fires Act 1977 Rural Fire Fighting Fund section 46A sitework section 7 territorial authority Local Government Act 2002 urban area volunteer fire brigade section 34(1)
2: For the purposes of this Act, the functions and activities of the Fire Service Section 2 substituted 1 January 1991 section 2(1) Fire Service Amendment Act 1990 Section 2(1) appointed member repealed 26 September 2000 section 5(1) Fire Service Amendment Act 2000 Section 2(1) building substituted 31 March 2005 section 414 Building Act 2004 Section 2(1) building code substituted 31 March 2005 section 414 Building Act 2004 Section 2(1) civil defence emergency repealed 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 2(1) fees framework inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) financial year substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) fire hazard substituted 31 March 2005 section 414 Building Act 2004 Section 2(1) forest inserted 2 September 1996 Fire Service Amendment Act 1996 Section 2(1) hazardous substance substituted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 2(1) hazardous substance replaced 7 March 2017 section 99 Radiation Safety Act 2016 Section 2(1) household unit substituted 31 March 2005 section 414 Building Act 2004 Section 2(1) means of escape from fire substituted 31 March 2005 section 414 Building Act 2004 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member of the Fire Service amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) private dwelling repealed 1 July 1992 Building Act 1991 Section 2(1) regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) sitework substituted 31 March 2005 section 414 Building Act 2004 Section 2(1) territorial authority substituted 1 July 2003 section 262 Section 2(2) added 25 January 2005 section 200 Crown Entities Act 2004
2A: Act to bind Crown
1: Subject to subsection (2), and except as expressly provided in this Act, this Act binds the Crown.
2: Except as expressly provided in any agreement made under this Act, nothing in this Act applies to—
a: any defence area; or
b: any defence fire brigade; or
c: any member of the New Zealand Defence Force within any defence area. Section 2A inserted 1 January 1991 section 3(1) Fire Service Amendment Act 1990
1: Establishment of New Zealand Fire Service
3: Establishment of New Zealand Fire Service
1: There shall be established a fire service to be known as the New Zealand Fire Service which shall be under the control of the New Zealand Fire Service Commission constituted under section 4 the employees of the Commission section 34
1A:
2: Section 3(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 3(1A) repealed 17 May 2005 section 3 Fire Service Amendment Act 2005 Section 3(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
4: New Zealand Fire Service Commission
1: There is hereby constituted a commission to be known as the New Zealand Fire Service Commission.
2: The Commission is a Crown entity for the purposes of section 7
2A: The Crown Entities Act 2004
3: The New Zealand Fire Service Commission is hereby declared to be the successor of the Fire Service Commission.
4: The Fire Service Commission is hereby abolished.
5: Every reference in any enactment or any document to the Fire Service Commission shall hereafter, unless the context otherwise requires, be read as a reference to the New Zealand Fire Service Commission.
6:
7: The New Zealand Fire Service Commission shall be deemed to be a local authority for the purposes of Part 2 and Reserves Act 1977
8: 1972 No 119 s 3 1974 No 25 s 3 Section 4(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(6) repealed 1 January 1991 section 4 Fire Service Amendment Act 1990 Section 4(7) substituted 20 October 1978 Fire Service Amendment Act 1978 Section 4(7) amended 1 July 2001 section 53 Public Audit Act 2001 Section 4(7) amended 1 July 1998 section 2(1) Fire Service Amendment Act 1998 Section 4(7) amended 1 October 1991 section 362 Resource Management Act 1991 Section 4(7) amended 1 February 1982 section 247(4) Public Works Act 1981 Section 4(8) repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Vesting of property in Commission
Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Members of Commission
1: The Commission must have 5 members.
1A: Members of the Commission are the board for the purposes of the Crown Entities Act 2004
2: In appointing
a: their personal attributes; and
b: the need for the
i: public administration; and
ii: business and economic management; and
iii: finance; and
iv: fire engineering and senior operational firefighting; and
c: the need for at least 1 of the
2A: Subsection (2) does not limit section 29
3:
4:
5:
6:
7: Section 6 substituted 1 January 1991 section 5(1) Fire Service Amendment Act 1990 Section 6(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2)﻿(b) amended 26 September 2000 section 5(2) Fire Service Amendment Act 2000 Section 6(2)﻿(c) amended 26 September 2000 section 5(2) Fire Service Amendment Act 2000 Section 6(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(3) repealed 26 September 2000 section 3(3) Fire Service Amendment Act 2000 Section 6(4) repealed 26 September 2000 section 3(3) Fire Service Amendment Act 2000 Section 6(5) repealed 26 September 2000 section 3(3) Fire Service Amendment Act 2000 Section 6(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 6(7) repealed 26 September 2000 section 7(1) Fire Service Amendment Act 2000
7: Term of office of
members Section 7 repealed 25 January 2005 section 200 Crown Entities Act 2004
8: Extraordinary vacancies
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Deputies of members
1: If the Minister is satisfied that any member of the Commission is incapacitated or prevented by illness, absence, or other sufficient cause from performing his or her duties as a member, the Minister may designate a person qualified for appointment to the office of that member as a deputy member to act for that member while that member is so incapacitated or prevented.
2: A deputy member must, while the deputy member acts as a member of the Commission, be taken to be the member in whose place the deputy member acts.
3: For the avoidance of doubt, where the Minister designates a deputy member for the chairperson of the Commission, that deputy member is to be taken as the chairperson of the Commission, despite the fact that there may be a deputy chairperson appointed under clause 1 Section 9 substituted 25 January 2005 section 200 Crown Entities Act 2004
10: Deputy Chairperson
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Meetings of Commission
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Committees
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Directions by Minister
Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004
14: Functions of Commission
The Commission has the following functions under this Act:
a: the functions and activities expressed in this Act to be functions and activities of the Commission, including in its role as National Rural Fire Authority:
b: general control, within the framework of this Act, of the Fire Service and the functions and activities of the Fire Service:
c: efficient administration of this Act:
d: any other functions conferred on it by the Minister in accordance with section 112 Section 14 substituted 25 January 2005 section 200 Crown Entities Act 2004
14A: Functions and powers of Commission as National Rural Fire Authority
1: The Commission shall be the National Rural Fire Authority for the purposes of the Forest and Rural Fires Act 1977
2: The principal functions of the Commission, in its capacity as the National Rural Fire Authority, shall be—
a: to advise the Minister of rural fire matters relating to—
i: this Act; or
ii: the Forest and Rural Fires Act 1977
iii: any other Act:
b: to perform the functions conferred on the National Rural Fire Authority by this Act or the Forest and Rural Fires Act 1977
c: to consult with all national organisations (including government departments and Crown agencies) which function as Fire Authorities, and with those organisations which represent the interests of different classes of Fire Authorities:
d: to co-ordinate all matters relating to national rural fire control:
e:
f: to co-ordinate the operation of a national rural fire weather index, and to co-ordinate a national and regional system of rural fire hazard prediction and warnings:
g: to promote and encourage research in matters relating to rural fire control:
h: to promote and encourage the training and education of persons engaged in rural fire control (including those so engaged as principal rural fire officers or rural fire officers under the Forest and Rural Fires Act 1977
i: to make such grants or other assistance available, as the Commission thinks fit, to any Fire Authority:
j: to facilitate effective regional rural fire co-ordination
k: to set, in consultation with Fire Authorities, minimum standards for Fire Authorities in relation to the following matters:
i: the training, equipping, and clothing of Fire Officers (as defined in section 2
ii: achieving timely responses to fires:
iii: fire weather observation:
iv: assessing fire hazards:
l: to audit Fire Authorities' compliance with the standards set under paragraph (k):
m: to monitor and evaluate the performance of Fire Authorities under the Forest and Rural Fires Act 1977 Section 14A inserted 1 January 1991 section 12 Fire Service Amendment Act 1990 Section 14A(2)﻿(e) repealed 17 May 2005 section 4(1) Fire Service Amendment Act 2005 Section 14A(2)﻿(j) amended 17 May 2005 section 4(2) Fire Service Amendment Act 2005 Section 14A(2)﻿(k) added 17 May 2005 section 4(3) Fire Service Amendment Act 2005 Section 14A(2)﻿(l) added 17 May 2005 section 4(3) Fire Service Amendment Act 2005 Section 14A(2)﻿(m) added 17 May 2005 section 4(3) Fire Service Amendment Act 2005
14AB: Duty to consult Fire Authority before finalising performance evaluation
In performing its function under section 14A(2)﻿(m)
a: a copy of the draft evaluation; and
b: a reasonable opportunity to make—
i: written submissions on the draft evaluation; and
ii: oral submissions on the draft evaluation through a representative. Section 14AB inserted 17 May 2005 section 5 Fire Service Amendment Act 2005
14B: Powers of Commission
Section 14B repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Restrictions on delegation
1: The Commission may delegate its functions and powers under this Act or the Forest and Rural Fires Act 1977
2: Subsection (1) applies despite section 73(1)
3: The Commission may not delegate
a: the power to enter into an agreement under section 34 section 36 section 36A
b:
c: the power to borrow money that it may have under sections 160 162
d:
e:
f:
4: In other respects, sections 73 to 76
5:
6:
7:
8: Section 15 substituted 1 January 1991 section 13 Fire Service Amendment Act 1990 Section 15 heading substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 15(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 15(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3)﻿(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3)﻿(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3)﻿(d) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3)﻿(e) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3)﻿(f) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 15(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(7) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(8) repealed 25 January 2005 section 200 Crown Entities Act 2004
15A: Revocation of delegations by Commission
Section 15A repealed 25 January 2005 section 200 Crown Entities Act 2004
15B: Restriction on power of Commission to direct staff
1: Except as provided in section 17K
2: Any direction given to the chief executive shall, subject to this Act, be in accordance with the conditions of employment of the chief executive.
3: This section applies despite section 25 Section 15B inserted 1 January 1991 section 13 Fire Service Amendment Act 1990 Section 15B(3) added 25 January 2005 section 200 Crown Entities Act 2004
16: Co-ordination schemes
Section 16 repealed 1 January 1991 section 14(1) Fire Service Amendment Act 1990
17: Commission to make special provision for protection of Crown property, etc
1: The Minister may by notice in writing require the Commission to make special provision for the protection from fire of property of the Crown, for fire protection in or in connection with forests, or for fire protection in the event of war or state of emergency declared under the Civil Defence Emergency Management Act 2002
2: The Minister may, by notice in writing to the Commission, specify the standard of protection which may be required in any case under subsection (1).
3: Any expenditure which the Commission incurs under this section and which it could not be required to incur under any other provision of this Act shall be reimbursed by the Crown, and the amount to be so paid shall be determined by agreement or, in default of agreement, by the Auditor-General
4: Section 115 1972 No 119 s 14 Section 17(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 17(3) amended 1 July 2001 section 52 Public Audit Act 2001 Section 17(4) added 25 January 2005 section 200 Crown Entities Act 2004
17A: Chief executive
1: The Commission shall appoint a chief executive who shall be the administrative head of the Fire Service and a member of the Fire Service.
2: Where the person appointed as chief executive has had senior operational firefighting experience in an urban fire service, the Commission may appoint that person to be both the chief executive and the National Commander.
3: The Commission shall, in making any appointment under subsection (1), have regard to the need to appoint a person who—
a: can discharge the specific responsibilities placed on the appointee; and
b: will imbue the employees of the Fire Service with a spirit of service to the community; and
c: will promote efficiency in the Fire Service; and
d: will be a responsible manager; and
e: will maintain appropriate standards of integrity and conduct among the employees of the Fire Service; and
f: will ensure that the Commission meets its obligation to be a good employer under section 118
g: Section 17A inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17A(3)﻿(f) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17A(3)﻿(g) repealed 25 January 2005 section 200 Crown Entities Act 2004
17B: Responsibilities of chief executive in respect of management
1: The chief executive shall be responsible to the Commission for—
a: the general conduct of the functions and activities of the Fire Service; and
b: the efficient, effective, and economical management of the functions and activities of the Fire Service.
2: the functions, responsibilities, duties, and powers imposed on or given to the chief executive by this Act are in addition to those imposed on or given to the chief executive by or under any other Act.
3: the chief executive shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on that chief executive by or under this Act, as well as the powers necessary to carry out the functions and responsibilities imposed on the chief executive or the Commission by or under any other Act. Section 17B inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17C: Responsibility of chief executive in relation to employment of staff
1: The chief executive shall be responsible to the Commission for employing, on behalf of the Commission, staff of the New Zealand Fire Service and negotiating terms of employment.
2: In carrying out the chief executive's obligations under subsection (1), the chief executive must comply with any Order in Council under section 116 Section 17C inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17C(2) added 25 January 2005 section 200 Crown Entities Act 2004
17CA: Responsibility in regard to conduct
The chief executive is responsible to the Commission for ensuring that all employees maintain proper standards of integrity, conduct, and concern for the public interest. Section 17CA inserted 25 January 2005 section 200 Crown Entities Act 2004
17D: Obligation of chief executive to conduct certain consultations
The chief executive, acting in accordance with the policy of the Commission, shall—
a: consult at least twice a year with representatives of the United Fire Brigades' Association of New Zealand on Fire Service matters:
b: consult at least twice a year with representatives of the forestry industry and other groups with an interest in national rural fire co-ordination. Section 17D inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17E: Obligation of chief executive to conduct review of efficiency and economy of Fire Service
The chief executive, acting in accordance with the policy of the Commission, shall from time to time review the efficiency and economy of the Fire Service. Section 17E inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17F: Obligation of chief executive to consult with insurance industry on estimated expenditure of Fire Service
The chief executive, acting in accordance with the policy of the Commission, shall, at least once in each year, consult on the estimated expenditure of the Fire Service with representatives of—
a: the Insurance Council of New Zealand; and
b: such other organisations representing the insurance industry as the chief executive thinks fit. Section 17F inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17G: Delegation of functions or powers of chief executive
1: The chief executive may from time to time, either generally or particularly, delegate any of the functions or powers of the chief executive under this Act or any other Act, including , without the prior written consent of the Commission,
a: any member of the Fire Service, whether or not that member holds Fire Service rank; or
b: any member of any volunteer fire brigade or defence fire brigade or industrial fire brigade.
2: In any case where the chief executive has, pursuant to subsection (1), delegated any of the chief executive's functions or powers to any person, that person may, with the prior approval in writing of the chief executive, delegate such of those functions or powers as the chief executive approves to any other member of the Fire Service or to the holder for the time being of any specified office in the Fire Service.
3: Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
4: The power of the chief executive to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act (except the Crown Entities Act 2004
b: shall not limit any power of delegation conferred on the chief executive by any other Act.
5: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
6: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
7: No such delegation shall affect or prevent the exercise of any function or power by the chief executive, nor shall any such delegation affect the responsibility of the chief executive for the actions of any person acting under the delegation.
8: Sections 62 to 72
9: This section applies despite sections 74 to 76 Section 17G inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17G(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17G(4)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17G(8) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17G(9) added 25 January 2005 section 200 Crown Entities Act 2004
17H: Revocation of delegations by chief executive
1: Every delegation under section 17G
2: Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the chief executive by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that chief executive. Section 17H inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17I: Conditions of employment of chief executive
1: The chief executive shall be appointed for a term not more than 5 years.
2: Every chief executive shall be eligible for reappointment from time to time.
3: This section applies in addition to section 117
4: Section 17I inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17I(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 17I(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
17J: Removal from office of chief executive
Section 17J repealed 25 January 2005 section 200 Crown Entities Act 2004
17K: Acting chief executive
1: In the case of absence from duty of the chief executive (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of chief executive (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the functions, powers, and duties of the chief executive or pertaining to the position may be exercised and performed by any other member of the Fire Service, whether or not that member holds Fire Service rank, for the time being directed by the Commission to exercise and perform those functions, powers, and duties, whether the direction has been given before the absence or vacancy occurs or while it continues.
2: No such direction and no acts done by any member acting pursuant to any such direction under subsection (1) shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member had not been appointed to the position of chief executive.
3: The Commission shall determine the conditions of employment that are to apply to any member directed under subsection (1) to exercise and perform any of the functions, powers, and duties of the chief executive. Section 17K inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17L: Application of Labour Relations Act 1987 in respect of chief executive
Section 17L repealed 15 May 1991 Employment Contracts Act 1991
17M: National Commander
1: If the chief executive does not hold both the office of chief executive and the office of National Commander, the chief executive shall appoint a person with senior operational firefighting experience in an urban fire service to be the National Commander.
2: The National Commander shall be the operational head of the Fire Service, and shall be a member of the Fire Service with Fire Service rank. Section 17M inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17N: Responsibilities of National Commander
1: The National Commander shall be responsible to the chief executive for the operational activities of the Fire Service, including—
a: the issuing of operational instructions under section 27A
b: the publishing of a Code of Practice under section 30(3)
2: The National Commander may, in conjunction with government departments and other authorities, make provision for the stabilising or rendering safe of hazardous substance emergencies, and the safety of persons and property endangered by hazardous substance emergencies.
3: The functions, responsibilities, duties, and powers imposed on or given to the National Commander by this Act are in addition to those imposed on or given to that National Commander by or under any other Act.
4: The National Commander shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Commander by or under this Act, as well as the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Commander Section 17N inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17N(4) amended 25 January 2005 section 200 Crown Entities Act 2004
17O: Specific responsibilities of National Commander
The National Commander shall—
a: make provision in every Fire District for the prevention of fire, the suppression and extinction of fires, and the safety of persons and property endangered by fire:
b: ensure that the Fire Service is maintained in a state of operational efficiency and conforms with the Act:
c: make provision for effective co-operation between all fire services, whether or not established under this Act:
d: make provision for co-operation between the Fire Service and territorial authorities and regional councils. Section 17O inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17P: Co-ordination schemes for fire control
1: The National Commander shall, subject to such policy directions as may from time to time be given by the Commission and conveyed by the chief executive to the National Commander, continue to operate and from time to time review co-ordination schemes between fire brigades (including defence fire brigades and industrial fire brigades) and Fire Authorities under the Forest and Rural Fires Act 1977
a: reinforcement at serious fires; and
b: fire protection in rural areas; and
c: fire protection in the event of war or a state of emergency declared under the Civil Defence Emergency Management Act 2002
2: In establishing and operating any scheme under this section the National Commander, acting in accordance with the policy of the Commission, may from time to time—
a: provide for the use of any Fire Authority under the Forest and Rural Fires Act 1977
b: enter into an agreement with the owner or occupier of any premises which an industrial fire brigade has been formed to protect regarding the role of that industrial fire brigade in the scheme:
c: determine the scope and activities in rural fire protection of individual fire brigades, including any industrial fire brigade where the owner or occupier of the premises which the industrial fire brigade was formed to protect agrees to co-operate in the scheme:
d: determine the persons responsible for assembly and operation of fire brigades and industrial fire brigades, and appoint and empower the necessary persons for this duty:
e: enter into an agreement with the Chief of Defence Force or with the owner or occupier of any premises which an industrial fire brigade has been formed to protect, regarding the training of the members of the Fire Service, or of any defence fire brigade, or of any industrial fire brigade registered with the Commission pursuant to section 36
f: enter into an agreement with the Chief of Defence Force regarding—
i: the role of any defence fire brigade in the scheme; and
ii: the scope and activities of any defence fire brigade in rural fire protection.
3: In establishing and operating any scheme under this section, the National Commander may also provide liaison and specialist assistance and advice to the Director of Civil Defence Emergency Management or to Civil Defence Emergency Management Groups established under the Civil Defence Emergency Management Act 2002 Section 17P inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17P(1)﻿(c) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 17P(3) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002
17Q: Delegation of functions or powers of National Commander
1: The National Commander may from time to time, either generally or particularly, delegate any of the functions or powers of the National Commander under this Act or any other Act, including functions or powers delegated to the National Commander under this Act or any other Act, to—
a: any member of the Fire Service who holds Fire Service rank; or
b: any member of a volunteer fire brigade or defence fire brigade or industrial fire brigade.
2: No delegation under this section shall include—
a: the power to delegate under this section:
b: the issuing of operational instructions under section 27A
c: the publishing of a Code of Practice under section 30(3)
3: Subject to any general or special directions given or conditions imposed by the National Commander, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
4: The power of the National Commander to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act (except the Crown Entities Act 2004
b: shall not limit any power of delegation conferred on the National Commander by any other Act.
5: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
6: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
7: No such delegation shall affect or prevent the exercise of any function or power by the National Commander, nor shall any such delegation affect the responsibility of the National Commander for the actions of any person acting under the delegation.
8: Sections 62 to 72
9: This section applies despite sections 74 to 76 Section 17Q inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17Q(4)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17Q(8) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17Q(9) added 25 January 2005 section 200 Crown Entities Act 2004
17R: Revocation of delegations by National Commander
1: Every delegation under section 17Q
2: Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the National Commander by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that National Commander. Section 17R inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17S: Conditions of employment of National Commander
1: Every National Commander appointed by the chief executive shall be appointed for a term of not more than 5 years.
2: Every National Commander shall be eligible for reappointment from time to time.
3: Except where specific conditions of employment of the National Commander are provided for in this Act, the conditions of employment of the National Commander shall be determined in each case by agreement between the chief executive, acting in accordance with the policy of the Commission, and the National Commander Section 17S inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17S(3) amended 25 January 2005 section 200 Crown Entities Act 2004
17T: Removal from office of National Commander
Section 17T repealed 25 January 2005 section 200 Crown Entities Act 2004
17U: Application of Labour Relations Act 1987 in respect of National Commander
Section 17U repealed 15 May 1991 Employment Contracts Act 1991
17V: Deputy National Commander
1: The chief executive may appoint a Deputy National Commander who shall be a member of the Fire Service holding Fire Service rank and the provisions of sections 17S to 17U
2: In the case of absence from duty of the National Commander (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of National Commander (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the functions, duties, and powers of the National Commander or pertaining to the position may be exercised and performed by the Deputy National Commander.
3: In the case of absences from duty of the National Commander and the Deputy National Commander (from whatever cause arising) or on the occurrence from any cause of vacancies in the positions of National Commander and Deputy National Commander (whether by reason of death, resignation, or otherwise) and from time to time while the absences or vacancies continue, all or any of the functions, responsibilities, duties, and powers of the National Commander may be exercised and performed by a member of the Fire Service in charge of a Fire Region for the time being directed by the chief executive to exercise and perform those functions, responsibilities, duties, and powers, whether the direction has been given before the absences or vacancies occur or while they continue. Section 17V inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17W: National Rural Fire Officer
1: The chief executive shall appoint a National Rural Fire Officer.
2: The person appointed as the National Rural Fire Officer shall be a person who has qualifications and experience in forestry and rural fire management.
3: The National Rural Fire Officer shall be a member of the Fire Service but shall not have Fire Service rank. Section 17W inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17X: Responsibilities of National Rural Fire Officer
1: The National Rural Fire Officer shall be responsible to the chief executive for—
a: ensuring the effective and efficient functioning of the Commission in its capacity as the National Rural Fire Authority:
b: advising the Commission, the chief executive, and the National Commander on national rural fire co-ordination and on all matters pertaining to the Forest and Rural Fires Act 1977
c: discharging the responsibilities placed on the National Rural Fire Officer by this Act and the Forest and Rural Fires Act 1977
i: prescribing under that officer's hand such responsibilities or other matters as that officer is authorised under this Act or the Forest and Rural Fires Act 1977
ii: appointing rural fire mediators in accordance with the Forest and Rural Fires Act 1977
iii: in the case of each serious regional rural fire emergency, taking charge of that emergency or appointing some other person to take charge of that emergency:
d: ensuring the effective regional co-ordination of Fire Authorities and, for that purpose, establishing regional committees of Principal Fire Officers
2: The functions, responsibilities, duties, and powers imposed on or given to the National Rural Fire Officer by this Act are in addition to those imposed on or given to the National Rural Fire Officer by or under any other Act.
3: The National Rural Fire Officer shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Rural Fire Officer by or under this Act, as well as the powers necessary to carry out the functions, responsibilities, and duties imposed on the National Rural Fire Officer by or under any other Act. Section 17X inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17X(1)﻿(d) amended 17 May 2005 section 6 Fire Service Amendment Act 2005
17Y: Conditions of employment of National Rural Fire Officer
1: Every National Rural Fire Officer appointed by the chief executive shall be appointed for a term of not more than 5 years.
2: Every National Rural Fire Officer shall be eligible for reappointment from time to time.
3: Except where specific conditions of employment of the National Rural Fire Officer are provided for in this Act or in the Forest and Rural Fires Act 1977 Section 17Y inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17Y(3) amended 25 January 2005 section 200 Crown Entities Act 2004
17Z: Delegation of functions or powers of National Rural Fire Officer
1: The National Rural Fire Officer may from time to time, either generally or particularly, delegate any of the functions or powers of the National Rural Fire Officer under this Act or any other Act, including functions or powers delegated to the National Rural Fire Officer under this Act or any other Act, to any member of the Fire Service who has qualifications and experience in forestry and rural fire management.
2: No delegation under this section shall include the power to delegate under this section.
3: Subject to any general or special directions given or conditions imposed by the National Rural Fire Officer, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
4: The power of the National Rural Fire Officer to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act (except the Crown Entities Act 2004
b: shall not limit any power of delegation conferred on the National Rural Fire Officer by any other Act.
5: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
6: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
7: No such delegation shall affect or prevent the exercise of any function or power by the National Rural Fire Officer, nor shall any such delegation affect the responsibility of the National Rural Fire Officer for the actions of any person acting under the delegation.
8: Sections 62 to 72
9: This section applies despite sections 74 to 76 Section 17Z inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17Z(4)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17Z(8) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17Z(9) added 25 January 2005 section 200 Crown Entities Act 2004
17ZA: Revocation of delegations by National Rural Fire Officer
1: Every delegation under section 17Z
2: Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the National Rural Fire Officer by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that National Rural Fire Officer. Section 17ZA inserted 1 January 1991 section 15 Fire Service Amendment Act 1990
17ZB: Removal from office of National Rural Fire Officer
Section 17ZB repealed 25 January 2005 section 200 Crown Entities Act 2004
17ZC: Acting National Rural Fire Officer
1: In the case of absence from duty of the National Rural Fire Officer (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of National Rural Fire Officer (whether by reason of death, resignation, or otherwise) and from time to time while the absence of vacancy continues, all or any of the functions, powers, and duties of the National Rural Fire Officer or pertaining to the position may be exercised and performed by any other member of the Fire Service (being a member who has qualifications and experience in forestry and rural fire management) for the time being directed by the chief executive to exercise and perform those functions, powers, and duties, whether the direction has been given before the absence or vacancy occurs or while it continues.
2: No such direction and no acts done by any member acting pursuant to any such direction under subsection (1) shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member had not been appointed to the position of National Rural Fire Officer.
3: The chief executive Section 17ZC inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17ZC(3) amended 2 September 1996 Fire Service Amendment Act 1996
17ZD: Application of Labour Relations Act 1987 in respect of National Rural Fire Officer
Section 17ZD repealed 15 May 1991 Employment Contracts Act 1991
17ZE: Register of delegations
Every person who makes a delegation under section 73 section 17G section 17Q section 17Z Section 17ZE inserted 1 January 1991 section 15 Fire Service Amendment Act 1990 Section 17ZE amended 25 January 2005 section 200 Crown Entities Act 2004
18: Staff of Commission
1:
2: Any person who, immediately before 1 April 1976, was an employee, employed solely on fire service duties, of—
a: the Fire Service Commission; or
b: the Public Service employed in the service of the Fire Service Commission; or
c: any Fire Board; or
d: any territorial authority acting in its capacity as an Urban Fire Authority— shall be deemed to be appointed and employed by the New Zealand Fire Service Commission in accordance with subsection (1) at that date: provided that, in the case of a person to whom paragraph (b) applies, he may apply, on or before 30 September 1976, to remain as an officer of the Public Service, in which case the State Services Commission shall endeavour to find him suitable employment in the Public Service.
3:
4: The Commission may organise its employees
5: For the purpose of ensuring a speedy response to an alarm of fire or other emergency, the Commission may require, as a condition of service of any employee, that the employee occupy such accommodation as the Commission may provide.
6:
7:
8: 1972 No 119 ss 15, 39 1974 No 25 s 7 Section 18(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 18(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 18(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 18(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 18(7) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 18(8) repealed 25 January 2005 section 200 Crown Entities Act 2004
19: Staff, etc, not in service of Crown
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004
2: Fire safety
20: Commission to promote fire safety
1: It shall be a matter of prime importance for the Commission to take an active and co-ordinating role in the promotion of fire safety in New Zealand.
2: In so promoting fire safety, the Commission shall be concerned to—
a: reduce continually the incidence of fire and the attendant risk to life and property:
b: achieve unity and completeness of fire safety law and practice.
21: Functions of Commission in relation to the promotion of fire safety
1: The Commission shall seek to achieve co-ordination between territorial authorities, government departments, the architectural profession, the engineering profession, the building industry, the chief executive of the department of State responsible for the administration of the Building Act 2004 Environmental Protection Authority
2: The functions of the Commission in relation to the promotion of fire safety shall include—
a: establishing close and harmonious working relations with industry, commerce, government departments, territorial authorities, and other bodies and organisations:
b: seeking to ensure that knowledge affecting fire safety gained by the Commission is applied throughout the community:
c: stimulating and maintaining interest in fire safety by means of education and publicity through all communications media:
d: publishing and disseminating fire safety literature:
e: sponsoring, assisting, and conducting fire safety campaigns and fire safety courses (whether general or particular):
f: research into methods and practices of fire safety, and making arrangements with any person, government department, or body having appropriate facilities for the conduct of any such research:
g: seeking continuously for new ways to reduce the incidence of fire and the risk to life from fire.
3: The Commission may, after consultation with the chief executive of the department of State responsible for the administration of the Building Act 2004
4: Without limiting the generality of subsection (3), but subject to subsection (5),
a: the issue of codes of practice or standards prescribing, in relation to proposed or existing buildings or additions or alterations to existing buildings,—
i: safeguards against fire:
ii: fire resisting construction and means of escape in the event of fire:
iii: the protection of persons and property from the danger of fire or other emergency:
iv: the installation and maintenance of hand-operated firefighting equipment, riser mains for fire service use, fire detection systems, automatic sprinkler and other fixed fire extinguishing systems, and manual fire alarm systems:
b: the fire safety provisions for any proposed building or for additions or alterations to any existing building:
c: the packing, marking, handling, carriage, storage, and use of hazardous materials.
4A: Before making any recommendation under subsection (4) that relates to hazardous substances, the Commission must consult the Environmental Protection Authority established by section 7
5: Where a code of practice or standard is submitted pursuant to subsection (4) for the Minister's approval, the Minister may approve that code of practice or standard.
6: Notwithstanding the provisions of subsection (5), the Minister shall not approve any code of practice or standard, under that subsection, in relation to building matters if that code or standard purports to have the effect of requiring any building to achieve performance criteria additional to or more restrictive than those specified in the Building Act 2004 Section 21(1) amended 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 21(1) amended 31 March 2005 section 414 Building Act 2004 Section 21(1) amended 1 July 1992 Building Act 1991 Section 21(3) amended 31 March 2005 section 414 Building Act 2004 Section 21(3) amended 1 July 1992 Building Act 1991 Section 21(4) amended 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 21(4A) substituted 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 21(5) added 1 July 1992 Building Act 1991 Section 21(6) added 1 July 1992 Building Act 1991 Section 21(6) amended 31 March 2005 section 414 Building Act 2004
21A: Relevant building defined for purposes of sections 21B to 21H
1: In sections 21B to 21H relevant building
a: the gathering together, for any purpose, of 100 or more persons:
b: providing employment facilities for 10 or more persons:
c: providing accommodation for more than 5 persons (other than in 3 or fewer household units):
d: a place where hazardous substances are present in quantities exceeding the prescribed minimum amounts, whatever the purpose for which the building is used:
e: providing early childhood facilities (other than in a household unit):
f: providing nursing, medical, or geriatric care (other than in a household unit):
g: providing specialised care for persons with disabilities (other than in a household unit):
h: providing accommodation for persons under lawful detention (not being persons serving a sentence of home detention, or community detention, or serving a sentence of imprisonment on home detention, or on parole subject to residential restrictions imposed under section 15
2: However, in sections 21B to 21H relevant building
a: a Crown building, or class of Crown building, that is specified by the Minister by notice in the Gazette
b: premises of the mission (as defined in Schedule 1 Section 21A substituted 1 October 2006 section 8 Fire Service Amendment Act 2005 Section 21A(1)﻿(d) substituted 7 July 2010 section 4 Fire Service Amendment Act 2010 Section 21A(1)﻿(h) amended 1 October 2007 section 58 Sentencing Amendment Act 2007
21B: Owner must provide and maintain evacuation scheme for relevant building
1: The owner of a relevant building must provide and maintain an evacuation scheme that is designed to enable evacuation from the scene of a fire safely and within a reasonable time,—
a: if the building has an automatic sprinkler system, to a place of safety inside or outside the building; and
b: in every other case, to a place of safety outside the building.
2: However, the owner of a relevant building is not required to provide and maintain an evacuation scheme for the building if—
a: the building is used for a purpose specified in section 21A(1)﻿(b) or (c)
b: the building has an automatic sprinkler system.
3: Subsection (2) is subject to section 21E
4: In this section,— automatic sprinkler system section 92(2)﻿(ne) evacuation scheme section 92(2)﻿(nd) owner section 5(1) Section 21B inserted 1 October 2006 section 8 Fire Service Amendment Act 2005 Section 21B(4) owner amended 20 June 2011 section 233(1) Unit Titles Act 2010 (2010 No 22).
21C: Owner must apply to National Commander for approval of evacuation scheme
1: The owner of a relevant building must apply to the National Commander for approval of the evacuation scheme provided for the building under section 21B
2: The application must be in writing in the prescribed form.
3: The National Commander must notify the owner of the building in writing of the outcome of the application.
4: If the application is rejected, the owner of the building must reapply to the National Commander for approval of an amended evacuation scheme, as if the application for approval were an application under subsection (1). Section 21C inserted 1 October 2006 section 8 Fire Service Amendment Act 2005
21D: National Commander may exempt from requirements
1: The National Commander may exempt an owner of a relevant building from complying with the requirements of section 21B
2: The National Commander must not exempt the owner under this section unless satisfied that there are structures and systems in place for the building that will ensure that, if there is a fire within the building, people may safely evacuate from it. Section 21D inserted 1 October 2006 section 8 Fire Service Amendment Act 2005
21E: Owner must notify National Commander if section 21B(2) applies to relevant building
1: The owner of a relevant building to which section 21B(2)
2: The notification must be in writing in the prescribed form. Section 21E inserted 1 October 2006 section 8 Fire Service Amendment Act 2005
21F: Powers of entry of National Commander
1: The National Commander may enter a relevant building for the purposes of ascertaining whether, or to what extent, the owner of the building is complying with the requirements of section 21B
2: The National Commander must—
a: give at least 24 hours' written notice to the owner and occupier of the building before entering the building; and
b: identify himself or herself when entering the building and, if requested, at any later time.
3: If the owner or occupier of the building is not present at the time the National Commander enters and inspects the building, the National Commander must—
a: leave in a prominent location on or in the building a written statement that includes the following information:
i: the time and date of the entry; and
ii: the name of the National Commander (and fact of his or her status); and
iii: the reasons for the entry; and
iv: the address of the National Commander to which enquiries should be made; and
b: take all other reasonable steps to give the information in paragraph (a) to the owner or occupier of the building.
4: In this section and section 21G National Commander Section 21F inserted 1 October 2006 section 8 Fire Service Amendment Act 2005
21G: District Court order closing relevant building
1: If the owner of a relevant building has failed to comply with the requirements of section 21B
2: The National Commander must give the owner concerned at least 10 days' written notice before applying for an order.
3: Before making an order, the District Court Judge must—
a: conduct a hearing, and give the National Commander and the owner of the building an opportunity to be heard; and
b: be satisfied that the owner has failed to comply with the requirements of section 21B Section 21G inserted 1 October 2006 section 8 Fire Service Amendment Act 2005
21H: Voluntary application for approval of evacuation scheme
1: An owner of a building that is not a relevant building may apply to the National Commander for approval of an evacuation scheme for the building.
2: The application must be in writing in the prescribed form.
3: Section 21B section 21C
4: No order under section 21G Section 21H inserted 1 October 2006 section 8 Fire Service Amendment Act 2005
21I: Previously approved evacuation schemes
An evacuation scheme is to be treated as having been approved under section 21C
a: the National Commander approved the evacuation scheme under any Act or regulations; and
b: the approval was given before the commencement of section 8 Section 21I inserted 1 October 2006 section 8 Fire Service Amendment Act 2005
22: Recommendation on fire safety may be sent to territorial authority
Section 22 repealed 1 July 1992 Building Act 1991
3: Organisation of Fire Service
23: Command and operation of Fire Service
1: The National Commander shall, in accordance with the policy of the Commission, be charged with—
a: the direction of all technical matters, including training; and
b: the operational command of the Fire Service; and
c: such other functions and duties as may from time to time be delegated to the National Commander by the chief executive for the purposes of this Act.
2: The National Commander shall have all the powers of the Commission as are necessary for the purpose of exercising the National Commander's functions and duties, and, for the purposes of any of the matters set out in section 29
3: The fact that the National Commander performs any function or duty or exercises any power of the Commission under this Act shall be sufficient evidence of the National Commander's authority to do so. Section 23 substituted 1 January 1991 section 17 Fire Service Amendment Act 1990 Section 23(2) amended 19 December 2002 section 4 Fire Service Amendment Act 2002
24: Fire Regions
1: For the purposes of this Act, the Commission may from time to time, by notice in the Gazette
2: In no case shall part only of a Fire Area be included in any Fire Region. Section 24 substituted 1 January 1991 section 18 Fire Service Amendment Act 1990
24A: Control of Fire Region
1: Every Fire Region shall be in the charge
2: Every member of the Fire Service in charge of a Fire Region—
a: shall be a member of the Fire Service with Fire Service rank; and
b: shall perform such functions and duties as the chief executive directs; and
c: shall have, in relation to that Fire Region, all the powers of the National Commander as are necessary for the purpose of performing that member's functions and duties; and
d: for the purposes of any of the matters set out in section 29
3: The member of the Fire Service in charge of a Fire Region may, with the prior approval of the National Commander, delegate to any member of the Fire Service in charge of any Fire Area in that Fire Region such of the powers conferred by subsection (2)﻿(c) on the member of the Fire Service in charge of that Fire Region as the National Commander approves.
4: The fact that any member of the Fire Service in charge of a Fire Region performs any function or duty or exercises any power of the National Commander shall be sufficient evidence of that member's authority to do so.
5: The appointment as the member of the Fire Service in charge of a Fire Region may be held in conjunction with any other appointment in the Fire Service. Section 24A inserted 1 January 1991 section 18 Fire Service Amendment Act 1990 Section 24A(1) amended 19 December 2002 section 5(1) Fire Service Amendment Act 2002 Section 24A(2)﻿(d) amended 19 December 2002 section 5(2) Fire Service Amendment Act 2002
25: Fire Areas
1: For the purposes of this Act, the Commission may from time to time, by notice in the Gazette
2: In no case shall part only of a Fire District be included in any Fire Area. Section 25 substituted 1 January 1991 section 18 Fire Service Amendment Act 1990
25A: Control of Fire Area
1: Every Fire Area shall be in the charge of a member of the Fire Service appointed as such by the chief executive, acting in accordance with the policy of the Commission, and after consultation with the National Commander.
2: Every member of the Fire Service in charge of a Fire Service Area—
a: shall be a member of the Fire Service with Fire Service rank; and
b: shall perform such functions and duties as may be delegated to that member by the member of the Fire Service in charge of the Fire Region of which the Fire Area forms part; and
c: shall have, in relation to that Fire Area, all the powers of the member of the Fire Service in charge of the Fire Region of which the Fire Area forms part as are necessary for the purpose of performing that member's functions and duties; and
d: for the purposes of any of the matters set out in section 29
3: The member of the Fire Service in charge of a Fire Area may, with the prior approval of the member of the Fire Service in charge of the Fire Region in which that Fire Area is located, delegate to any other member of the Fire Service with Fire Service rank such of the powers conferred by subsection (2)﻿(c) on the member of the Fire Service in charge of that Fire Area as the member of the Fire Service in charge of that Fire Region approves.
4: The fact that any member of the Fire Service in charge of a Fire Area performs any function or duty or exercises any power of a member of the Fire Service in charge of a Fire Region shall be sufficient evidence of that member's authority to do so.
5: The appointment as the member of the Fire Service in charge of a Fire Area may be held in conjunction with any other appointment in the Fire Service. Section 25A inserted 1 January 1991 section 18 Fire Service Amendment Act 1990 Section 25A(2)﻿(d) amended 19 December 2002 section 6 Fire Service Amendment Act 2002
26: Fire Districts
1: Every united urban fire district, urban fire district, and secondary urban fire district which existed immediately before the commencement of this Act is hereby declared to be a Fire District under this Act.
2: Where the Commission is satisfied that the fire protection of any urban area can be more effectively carried out—
a: by the inclusion of that urban area in an existing Fire District; or
b: by the constitution of that urban area as a Fire District,— the Commission may by notice in the Gazette Gazette
c: specify the date on which the area is to be included in or, as the case may be, constituted a Fire District:
d: assign a name or designation to the Fire District.
3: Any Fire District constituted under this section may include the whole or any part of any existing Fire District.
4: The Commission may, by notice in the Gazette
5: Notwithstanding anything in the Local Government Act 2002 Section 26(5) amended 1 July 2003 section 262 Local Government Act 2002
27: Chief Fire Officer and Deputy Chief Fire Officer
1: The chief executive must appoint a Chief Fire Officer and a Deputy Chief Fire Officer for each Fire District, who must be either—
a: a member of the Fire Service; or
b: a member of a volunteer brigade that has entered into an agreement for service under section 34
2: An appointment as Chief Fire Officer or Deputy Chief Fire Officer may be held separately or in conjunction with any other office in the Fire Service. Section 27 substituted 25 January 2005 section 200 Crown Entities Act 2004
27A: Operational instructions
1: The National Commander shall from time to time issue operational instructions in respect of the operational requirements, duties, and scope of the Fire Service, not inconsistent with this Act, and all members of the Fire Service who hold Fire Service rank, volunteer fire brigades, defence fire brigades, and industrial fire brigades shall obey and be guided by those instructions communicated to them.
2: Every operational instruction shall remain in force until cancelled by the National Commander.
3: An operational instruction shall be deemed to have been communicated when the instruction has been published in the Fire Service Gazette
4: The production at any inquiry or investigation under this Act of a copy of the Fire Service Gazette Section 27A inserted 1 January 1991 section 20 Fire Service Amendment Act 1990
28: Functions, duties, and powers of Chief Fire Officer
1: Subject to this Act, the Chief Fire Officer shall be charged with the direction of all technical matters and with the operation of all fire brigades in the Fire District for which the Chief Fire Officer is appointed, and the Chief Fire Officer shall carry out those responsibilities in accordance with the policy of the Commission and the operational instructions of the National Commander under section 27A section 38 section 39
2: In the event of any alarm of fire or any fire happening, the Chief Fire Officer of the Fire District, or in his or her absence, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade, shall forthwith proceed, or direct some other member of the brigade to proceed forthwith, to the place to which the brigade has been called, and endeavour by all practicable means to extinguish and prevent the spread of the fire (if any), and to save lives and property in danger.
3: If, in the event of any emergency occurring, other than an emergency involving fire or hazardous substances, at which the Chief Fire Officer of the Fire District, or, in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade, considers that the brigade could render assistance, that officer or other person may proceed, or direct some other member of the brigade to proceed, forthwith to the emergency and shall take whatever action is necessary to save lives and property in danger.
3A: If, in the event of any hazardous substance emergency occurring, the Chief Fire Officer of the Fire District, or in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or in the absence of both of them, the person for the time being in charge of the fire brigade, considers that the fire brigade could render assistance, that officer or other person may proceed, or direct some other person to proceed, forthwith to the place to which the brigade has been called, and endeavour by all practicable means to cause the stabilising or rendering safe of the hazardous substance emergency, and save lives and property in danger.
3B: For the purposes of subsection (3A), in the event of the attendance of the brigade, the Chief Fire Officer of the Fire District, or in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade shall have the powers of an enforcement officer under the Hazardous Substances and New Organisms Act 1996 such an enforcement officer
4: In the event of fire or other emergency, the person for the time being in charge of the fire brigade so engaged—
a: shall control and direct all fire brigades and defence fire brigades
b: may enter upon any land, building, or structure and, if necessary, break into any building or structure which may be on fire or otherwise endangered or which is in the near neighbourhood of the emergency, for the purpose of taking any steps which he deems necessary in order to carry out his duties:
c: may take any equipment required to be used into, through, or upon any land, building, or structure where he deems it necessary for the purpose of carrying out his duties:
d: may remove from any building or structure which is on fire or otherwise endangered or which is in the near neighbourhood of the fire or emergency, without responsibility for any consequent loss or damage, any flammable, combustible, explosive, or dangerous material found therein:
e: may, for the purpose of extinguishing or preventing the spread of fire, cause any building or structure which is on fire or otherwise endangered, or which is adjacent to or in the vicinity of any building or structure which is on fire, to be pulled down, either wholly or partially, or otherwise:
f: may, for the purpose of extinguishing or preventing the spread of fire or for the purpose of reducing danger from any emergency, cause any tree or other plant which is on fire or otherwise endangered, or which is adjacent to or in the vicinity of any building or structure or tree or other plant which is on fire or otherwise endangered, to be cut or pulled down, either wholly or partially and removed if he considers it necessary:
g: may, subject to section 30(1)
h: may cause any motorway, highway, road, street, private road, right of way, service lane, access way, thoroughfare, railway, or tramway in the vicinity of the fire or other emergency to be closed for traffic during the continuance of the emergency:
i: may remove any vehicle impeding the operation of the fire brigades, and, where reasonably necessary for that purpose, he may use force or break into any such vehicle:
j: may remove, using reasonable force if necessary, any person who, by his presence or otherwise, interferes with operations to deal with the fire or emergency or who, in his opinion, is in danger:
k: may shut off or disconnect, or order any person having the control thereof to shut off or disconnect, the supply of gas, fuel oil, or electricity to any building which is on fire or otherwise endangered or which is in the vicinity of the emergency, or the supply of electricity to any electric tramway or trolley omnibus route in the vicinity of the emergency:
l: may, at the time of the fire or emergency or within a reasonable time thereafter, pull down or shore up any building or structure or any portion of any building or structure which, in his opinion, has been so damaged as to be or likely to become dangerous to life or property, after, in his discretion, first removing the contents thereof, and the expense of any such operation, so far as it relates to the pulling down or shoring up, shall be borne by the owner of the building or structure and, so far as it relates to the removal of the contents, shall be borne by the owner of the contents, and shall in either case be paid to the Commission:
m: may, at the time of the fire or emergency or within a reasonable time thereafter, cut or pull down any tree or other plant or any part of any tree or other plant which, in his opinion, has been so damaged as to be or likely to become dangerous to life or property and the expense of the operation shall be borne by the owner of the land on which the tree or other plant is or was situated, and shall be paid to the Commission:
n: may generally do all other things that are reasonably necessary for protecting life or property in dealing with the fire or other emergency:
na: may require the owner of the property, or the owner's agent, to provide such information pertaining to that incident as the person in charge of the fire brigade so engaged deems necessary in order to carry out that person's duties.
5: In the event of an emergency not involving fire or the risk of fire, the powers referred to in subsection (4) shall not be exercised by the person for the time being in charge of the fire brigade without the authorisation of the person in charge of the operations at the scene of the emergency: provided that, where the person in charge of the fire brigade is of the opinion that lives or property are in imminent danger, he may exercise any of those powers notwithstanding that he has not been authorised to do so.
6: The fact that any person performs any function or duty or exercises any power under subsection (4) shall be conclusive evidence of his authority to do so, and no person shall be concerned to enquire whether the occasion requiring or authorising him to do so has arisen or has ceased.
6A: This section shall be read subject to the Diplomatic Privileges and Immunities Act 1968 section 93(1)
7: 1972 No 119 s 41(2)–(5) Section 28(1) substituted 1 January 1991 section 21(1) Fire Service Amendment Act 1990 Section 28(2) substituted 1 January 1991 section 21(1) Fire Service Amendment Act 1990 Section 28(3) substituted 1 January 1991 section 21(1) Fire Service Amendment Act 1990 Section 28(3A) inserted 1 January 1991 section 21(1) Fire Service Amendment Act 1990 Section 28(3B) inserted 1 January 1991 section 21(1) Fire Service Amendment Act 1990 Section 28(3B) amended 17 May 2005 section 9 Fire Service Amendment Act 2005 Section 28(3B) amended 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 28(4)﻿(a) amended 20 October 1978 Fire Service Amendment Act 1978 Section 28(4)﻿(h) substituted 1 January 1991 section 21(2) Fire Service Amendment Act 1990 Section 28(4)﻿(na) added 1 January 1991 section 21(3) Fire Service Amendment Act 1990 Section 28(6A) inserted 1 January 1991 section 21(4) Fire Service Amendment Act 1990 Section 28(7) repealed 1 January 1991 section 3(2) Fire Service Amendment Act 1990
28A: Functions, duties, and powers of Chief Fire Officer outside of Fire District
1: In the event of any fire or other emergency (including a hazardous substance emergency) occurring outside any Fire District, the Chief Fire Officer of a Fire District, or, in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade, if the officer or other person considers the brigade could render effective protection to life or property, may proceed, or direct some other member of the brigade to proceed, forthwith to the emergency, to take whatever action is necessary to save lives and property in danger.
2: In the event of the attendance of the brigade, the Chief Fire Officer of the Fire District, or, in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade shall have all the functions, duties, and powers conferred on that officer or person by section 28 Section 28A inserted 1 January 1991 section 22 Fire Service Amendment Act 1990
29: Access to land and buildings (other than
household units
1: The Chief Fire Officer, the Deputy Chief Fire Officer, and any person authorised in writing by either of them shall have free access to all land and buildings (not including household units
2: The provisions of subsection (1) shall apply, with any necessary modifications, for the purposes of any post-incident investigation that may, from time to time, be required to be carried out to determine the cause of any fire or hazardous substance emergency.
3: Reasonable notice shall be given of any proposed entry, and identification shall be shown on entry and at any subsequent time if requested.
4: The provisions of this section shall not apply to any Crown land or building or any class or classes of Crown land or buildings that are, from time to time, specified by notice in the Gazette premises of the mission Schedule 1
5: Where a person having access to land and buildings under this section believes that any building or sitework does not comply with the Building Act 2004
6: For the purposes of subsection (5), the terms building sitework territorial authority Building Act 2004 Section 29 substituted 1 January 1991 section 23 Fire Service Amendment Act 1990 Section 29 heading amended 1 July 1992 Building Act 1991 Section 29(1) amended 1 July 1992 Building Act 1991 Section 29(5) added 1 July 1992 Building Act 1991 Section 29(5) amended 31 March 2005 section 414 Building Act 2004 Section 29(6) added 1 July 1992 Building Act 1991 Section 29(6) amended 31 March 2005 section 414 Building Act 2004
30: Use of water in mains for fire protection, fire fighting, and hazardous substance emergency purposes
1: Subject to the overall requirements of the Controller under the Civil Defence Emergency Management Act 2002 , defence fire brigade, and industrial fire brigade
a: have the use of all hydrants and control valves installed in any water mains and of all water in the water mains for the purpose of extinguishing any fire or stabilising or rendering safe any hazardous substance emergency provided that no such brigade
b: have the use of all water in any river, creek, stream, watercourse, channel, lake, lagoon, well, tank, or other source of water supply whatsoever for the purpose of extinguishing any fire or stabilising or rendering safe any hazardous substance emergency
2: The National Commander may from time to time cause to be made such checks as the National Commander considers necessary as to the adequacy of water supplies, including tests of water volume and pressure in any water main, in any Fire District or within any area concerning any property that the Fire Service is under an obligation to protect pursuant to section 38 section 39
3: In carrying out its duties pursuant to subsection (2) the National Commander shall publish a Code of Practice specifying standards for water supply volume and pressure which are required. This Code of Practice shall be notified by the National Commander in the Gazette 1972 No 119 s 37 Section 30 heading substituted 1 January 1991 section 24 Fire Service Amendment Act 1990 Section 30(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 30(1) amended 20 October 1978 Fire Service Amendment Act 1978 Section 30(1)﻿(a) amended 1 January 1991 section 24(1) Fire Service Amendment Act 1990 Section 30(1)﻿(a) proviso amended 20 October 1978 Fire Service Amendment Act 1978 Section 30(1)﻿(b) amended 1 January 1991 section 24(1) Fire Service Amendment Act 1990 Section 30(2) substituted 1 January 1991 section 24(2) Fire Service Amendment Act 1990 Section 30(3) added 1 January 1991 section 24(2) Fire Service Amendment Act 1990
31: Power to erect fire alarms, etc
It shall be lawful for the Commission, with the consent of the authority having control of any public place or with the consent of the owner of any other place, to erect and maintain fire alarms and fire equipment associated with any Section 31 substituted 20 October 1978 Fire Service Amendment Act 1978 Section 31 amended 1 January 1991 section 25 Fire Service Amendment Act 1990
32: Police to assist person in charge of fire brigade
1: The authority of every member of the Fire Service in charge of a Fire Region or Fire Area and every person in charge of a fire brigade or a defence fire brigade constables
2: All constables or a defence fire brigade section 28(4) 1972 No 119 s 43 Section 32(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 32(1) amended 20 October 1978 Fire Service Amendment Act 1978 Section 32(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 32(2) amended 20 October 1978 Fire Service Amendment Act 1978
33: Volunteer fire police
1: With the consent of the senior constable
2: Every person enrolled under this section shall be sworn in before a Justice of the Peace, and during the period of his service as a member of the fire police and while so acting shall be deemed to be, and shall have all the power and authority and responsibility of, a constable.
3: In the performance of their duties at any fire or other incident to which a fire brigade is called, volunteer fire police shall carry out their duties under the direction of the person in charge of the fire brigade. 1972 No 119 s 44 Section 33(1) amended 1 October 2008 section 116(a)﻿(v) Policing Act 2008
34: Volunteer fire brigades
1: For the purposes of this Act the term volunteer fire brigade
a: those persons have entered as a group into a binding agreement of service with the Commission; and
b: that group of persons is registered as a volunteer fire brigade under this Act pursuant to subsection (3).
2: The member of the Fire Service in charge of any Fire Region may recommend to the Commission the establishment and maintenance of a volunteer fire brigade in that Region or the revocation of its registration.
3: Where any group of persons has entered into an agreement of service with the Commission for the purpose of becoming a volunteer fire brigade, the Commission may, if it is satisfied that the group is or will become reasonably efficient as to organisation, staffing, equipment, discipline, and training to operate as a volunteer fire brigade and meet the requirements of the area or property which it is intended to protect, and, on application signed by the principal officer of that group, register it as a volunteer fire brigade. In making any such registration, the Commission may impose any conditions which it considers necessary, but the imposition of conditions shall not affect the validity of the registration.
4: The Commission may revoke the registration of any volunteer fire brigade if—
a: it ceases for any reason to function, or to be authorised to function, as a volunteer fire brigade; or
b: it fails for 2 consecutive years to attain such reasonable standard of efficiency as the Commission may determine to be proper in the circumstances: provided that no such revocation shall take effect until written notice of the circumstances has been given to the United Fire Brigades' Association of New Zealand and the Commission has considered the representations, if any, made by that Association in the matter within a reasonable time.
5: In the event of any dispute arising between—
a: the Commission, or any employee or employees of the Commission; and
b: any volunteer fire brigade or any volunteer member or members of any volunteer fire brigade,— the Commission shall give written notice of the circumstances of the dispute to the United Fire Brigades' Association of New Zealand and shall not make any final decision regarding the settling of the dispute until it has considered the representations, if any, made by that Association in the matter within a reasonable time: provided that, in any case where a mutually acceptable settlement of a dispute cannot be reached, either party may refer the matter for consideration by the Minister, whose decision shall be final.
6: No member of a fire brigade, other than a member who is an employee of the Commission attached to the brigade, shall be required to become a member of any service organisation by reason of his services with the brigade unless that member—
a: is a member of a volunteer fire brigade which, by a majority of the valid votes cast at a ballot taken in a manner approved by the Secretary of Labour, and under the supervision of a person appointed by the Secretary of Labour, has decided to join the appropriate service organisation; or
b:
7: Any member of a volunteer fire brigade who is required to become a member of any service organisation shall be entitled to become a full financial member of the service organisation on payment of the appropriate entrance fee and on payment of one-half of the subscription payable by any full time member of a brigade: provided that nothing in this subsection shall apply to any employee of the Commission who is attached for duty to a volunteer fire brigade. 1972 No 119 s 45 Section 34(6)﻿(b) repealed 20 October 1978 Fire Service Amendment Act 1978
35: Fire brigade auxiliary units
The Commission may authorise the establishment and maintenance of a fire brigade auxiliary unit in any rural area which the Commission is under an obligation to protect. 1972 No 119 s 46
36: Industrial fire brigades
1: The owner or occupier of any commercial or industrial premises may, for the purpose of protecting those premises from fire, organise and maintain a group of persons as an industrial fire brigade and appoint a principal officer for the group.
2: In organising the group, the owner or occupier shall set out in writing the conditions of service of the group and those conditions shall be expressed in the instrument under which the group is organised, or in rules and regulations of the group, or in regulations which apply to the group.
3: Where any group of persons is proposed to be organised as an industrial fire brigade within any Fire District or in any area or on any premises which the fire brigade of the Fire District is under an obligation to protect, the owner or occupier who is organising the group shall enter into an agreement with the Commission for the co-ordination of the proposed industrial fire brigade and any fire brigade authorised or employed by the Commission in the event of a fire on the premises of that owner or occupier.
4: Notwithstanding anything in section 28
5: Where any group of persons has been organised in accordance with the foregoing provisions of this section, the owner or occupier of the premises which the group has been organised to protect may apply to the Commission for the group to be registered as an industrial fire brigade for the purposes of this Act.
6: On any application for registration the Commission shall satisfy itself—
a: that the conditions of organisation of the group and the conditions of service under which the persons in the group will perform their duties are such as will ensure the maintenance of good conduct, discipline, and efficiency among them, and their speedy attendance with the necessary equipment on the occasion of an alarm of fire; and
b: that the group is or will become reasonably efficient as to staffing, equipment, and training to operate as an industrial fire brigade and to meet the requirements of the premises which it is intended to protect.
7: Where the Commission is satisfied that the requirements of subsection (6) have been met, it may register the group as an industrial fire brigade. In making any such registration the Commission may impose any conditions it considers necessary, but the imposition of conditions shall not affect the validity of the registration.
8: The Commission may revoke the registration of an industrial fire brigade if—
a: it ceases to function as an industrial fire brigade; or
b: it fails for 2 consecutive years to maintain such reasonable standard of efficiency as the Commission may determine to be proper in the circumstances.
9: The Commission may enter into an agreement with the owner or occupier of any premises protected by any industrial fire brigade providing for that industrial fire brigade to conform to any co-ordination scheme for the time being in force: provided that nothing in any such agreement shall require the utilisation outside those premises of any industrial fire brigade or of any members or equipment of that industrial fire brigade deemed by the owner or occupier of those premises to be essential for the protection of those premises at the time when a call for assistance is received from any other place.
10: Where any industrial fire brigade operates either on the premises for the protection of which it is maintained or outside those premises under an agreement made pursuant to subsection (9)—
a: the principal officer of that industrial fire brigade may perform all the functions and duties and exercise all the powers of the person for the time being in charge of a fire brigade under section 28(4)
i: no such person is present at the fire; or
ii: the principal officer is in charge of the unified command pursuant to subsection (4); and
b: sections 42 43
11: No member of an industrial fire brigade shall be required to become a member of any service organisation by reason of his services with the industrial fire brigade unless that member has entered into an agreement of service as a full-time member of that industrial fire brigade.
12: The Crown may, in respect of any premises or property owned or occupied by it, organise and maintain a group of persons and appoint a principal officer to the group for the purposes of protecting those premises or that property from fire, and may apply for registration of that group as an industrial fire brigade, and in any such case the provisions of this section shall apply as though the Crown was an owner or occupier of commercial or industrial premises. 1972 No 119 s 47
36A: Defence fire brigades
1: For the purposes of this section the term Firemaster
2: Subject to agreement between the Chief of Defence Force National Commander section 2(1) the Defence Act 1990
3: Every agreement entered into between the Chief of Defence Force the National Commander pursuant to section 17P
4: Where a Firemaster has been vested with a unified command pursuant to subsection (3) or a defence fire brigade is operating on its own outside a defence area, the Firemaster may perform all the functions and duties and exercise all the powers of the person in charge of a fire brigade under section 28(4)
5: Sections 42 43
a: every reference to the Commission were also a reference to the Chief of Defence Force
b: every reference to the Chief Fire Officer were also a reference to the Firemaster; and
c: every reference to a fire brigade were also a reference to a defence fire brigade; and
d: every reference to a member of a fire brigade were also a reference to a member of a defence fire brigade: provided that, in any action pursuant to section 43(2) the Chief of Defence Force the Chief of Defence Force Section 36A inserted 20 October 1978 Fire Service Amendment Act 1978 Section 36A(2) amended 2 September 1996 Fire Service Amendment Act 1996 Section 36A(2) amended 1 April 1990 section 102(5) Defence Act 1990 Section 36A(2) amended 1 April 1990 section 105(2) Defence Act 1990 Section 36A(3) amended 2 September 1996 Fire Service Amendment Act 1996 Section 36A(3) amended 1 April 1990 section 102(5) Defence Act 1990 Section 36A(5)﻿(a) amended 1 April 1990 section 102(5) Defence Act 1990 Section 36A(5) proviso amended 1 April 1990 section 102(5) Defence Act 1990
37: Agreement for provision of administrative services
1: The Commission may from time to time enter into an agreement with any territorial authority or with any suitably qualified person providing for that authority or that person to supply such clerical and administrative services in respect of any Fire District or any fire brigade auxiliary unit as may be specified in the agreement.
2: The Commission may pay the territorial authority or the person for any service it or he has agreed to render pursuant to subsection (1). Any dispute arising as to the amount to be paid shall be determined by the Auditor-General Auditor-General
3: Any agreement under this section may, in the absence of any specific provision in the agreement, be revoked at any time on the giving of 1 month's notice by any party to the agreement to any other party, or may be renewed or varied. Section 37(2) amended 1 July 2001 section 52 Public Audit Act 2001
38: Commission may undertake to protect from fire property outside a Fire District
1: The Commission and the territorial authority of any rural area may from time to time enter into an agreement for the protection of that area from fire on terms and conditions to be agreed upon by the Commission and territorial authority: provided that no payment shall be made to the Commission by the territorial authority in respect of any such protection after the commencement of this Act, whether the agreement was entered into under this section or under the corresponding provisions of any previous enactment.
2: 1972 No 119 s 49 Section 38(2) repealed 1 January 1991 section 26 Fire Service Amendment Act 1990
39: Commission may undertake to give special protection
The Commission may from time to time enter into an agreement the Forest and Rural Fires Act 1977 Section 39 heading amended 19 December 2002 section 7(1) Fire Service Amendment Act 2002 Section 39 amended 19 December 2002 section 7(2)﻿(a) Fire Service Amendment Act 2002 Section 39 amended 19 December 2002 section 7(2)﻿(b) Fire Service Amendment Act 2002 Section 39 amended 1 April 1979 section 70(a) Forest and Rural Fires Act 1977
40: Fires on vessels, etc
1: Any fire brigade may attend any fire or suspected fire or other emergency on any vessel or in any cargo, stores, or gear that has been jettisoned from the vessel on to any wharf or other landing place.
2: The Commission may charge fees for the attendance and services of any fire brigade in connection with any such fire or emergency, and such fees shall be payable by the owners of the vessel on which, or in the cargo, stores, or gear of which, the fire occurred. 1972 No 119 s 51
41: Power to provide use of equipment, etc
The Commission, in its discretion, may—
a: make any of its equipment available for the use of any territorial authority, local authority, body (whether incorporated or not), or person for any emergency or public service for which the equipment is specially suitable:
b: provide services by members of its staff in connection with any such use of its equipment:
c: make charges for any such use and for the provision of any such services:
d: obtain an indemnity from the authority, body, or person, as the case may be, in respect of injury to any person or damage to any property arising during any such use or the provision of any such services:
e: impose such other terms and conditions in respect of any such use or the provision of any such services as it thinks fit. 1972 No 119 s 52
42: Damage in fire fighting to be damage by fire within meaning of fire policy
Where damage to property is caused by the Chief Fire Officer, or any other member of a fire brigade, or by any other person, in the performance in good faith of his functions or duties or the exercise in good faith of his powers at or in connection with any fire or suspected fire (including any fire or suspected fire occurring beyond the area in which the Chief Fire Officer 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: provided that, where any fire or suspected fire is an earthquake fire within the meaning of the Earthquake and War Damage Act 1944 1972 No 119 s 53
43: Limitation of liability
1: No action or proceeding shall be brought against the Crown, or the Commission, or any employee of any of them, or against any fire brigade, or member of a fire brigade, or any person whatsoever to recover damages for any damage to property occasioned by the Chief Fire Officer or any member of a fire brigade, or any other person, in the performance in good faith of his functions or duties or the exercise in good faith of his powers under this Act or under any other enactment: provided that nothing in this subsection shall relieve any of them against or in any way affect the liability of any of them for any damage to property caused by or in connection with the use of any fire engine or other motor vehicle for transport purposes.
1A: Subsection (1) applies despite section 121
2: In any action or proceeding taken against the Commission or any fire brigade, or any employee or member of either of them, for their failure or neglect to make, or their negligence in making, adequate provision for the prevention of fire, the suppression and extinction of fires which may occur, and the protection of property endangered in fires, it shall be a defence to show that the provisions made were in accordance with standards approved by the Commission under this Act or the operational instructions of the National Commander under section 27A
3: Sections 120 to 126 1972 No 119 s 54(1), (5), (6) Section 43(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 43(2) amended 1 January 1991 section 27 Fire Service Amendment Act 1990 Section 43(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
4: Financial provisions
44: Expenditure of Commission
1: In addition to the expenditure which the Commission may be required to incur pursuant to the functions and duties imposed on it under this Act, or which it may incur or be required to incur for any purpose authorised by this Act or by any other enactment, the Commission may, in any financial year, expend money for all or any of the following purposes:
a: the payment of premiums on policies of insurance issued by any insurance company to or in respect of its members or its employees or members of any fire brigade under its control, in respect of accident, incapacity, or death arising out of and in the course of the performance of their functions and duties and the exercise of their powers as its members or its employees or as members of the fire brigade, in so far as the Injury Prevention, Rehabilitation, and Compensation Act 2001
b: the payment to any person appointed by the Minister in relation to an fees framework
c: the payment of grants to institutions, associations, and bodies connected with the Fire Service or with fire fighting or with fire safety:
d: the provision in any of its buildings of means of recreation for members of any fire brigade under its control:
e: the provision of grants for social purposes to fire brigades under its control:
f: the provision of special medals or other decorations or gifts to members of any fire brigade under its control for long and meritorious service:
fa: the payment of gratuities under sections 55 56
g: the payment of remuneration and emoluments to the members of any volunteer fire brigade under its control:
h: the payment of actual and reasonable travelling and accommodation expenses or allowances (including motor vehicle
i: the payment of its subscriptions to and membership costs of any association of employers:
j: payments in connection with the holding of any annual conference of the United Fire Brigades' Association, and for the reception and entertainment of delegates and other persons attending the conference:
k: payments in connection with any agreement entered into with a person or persons acting as agent of the Commission in terms of sections 51 51A
2: This section does not limit sections 16 17
3: 1972 No 119 ss 53, 64 1974 No 25 s 10 Section 44(1)﻿(a) amended 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 44(1)﻿(a) amended 1 July 1999 Accident Insurance Act 1998 Section 44(1)﻿(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 44(1)﻿(b) amended 19 December 2002 section 8(1) Fire Service Amendment Act 2002 Section 44(1)﻿(fa) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 44(1)﻿(h) amended 20 October 1978 Fire Service Amendment Act 1978 Section 44(1)﻿(k) added 1 January 1991 section 38(2) Fire Service Amendment Act 1990 Section 44(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 44(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
45: Commission to submit financial forecasts and estimates to Minister
Section 45 repealed 25 January 2005 section 200 Crown Entities Act 2004
46: Accounts and annual report of Commission
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
46A: Rural Fire Fighting Fund
The Commission shall continue to operate a fund to be known as the Rural Fire Fighting Fund. Section 46A substituted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46B: Grants and expenditure from Rural Fire Fighting Fund
1: Subject to this section and to sections 46C 46D
a: shall, in accordance with sections 46C to 46G
b: shall expend money from the Rural Fire Fighting Fund to meet the cost of legal proceedings taken by the Commission or any Fire Authority against any person whom the Commission believes was responsible, by reason of arson or negligence or failure to observe permit conditions, for causing the lighting of any fire (being a fire in respect of which a grant has been paid under paragraph (a)) or for permitting or causing any such fire to become out of control.
2: Where the whole or part of the costs of any legal proceedings are met by money expended from the Rural Fire Fighting Fund pursuant to subsection (1)﻿(b), the Commission shall pay any money recovered by it in those proceedings either into the Rural Fire Fighting Fund or to a Fire Authority.
3: In this section and in sections 46C 46F 46G Fire Authority Forest and Rural Fires Act 1977 Section 46B substituted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46C: Eligibility for grant assistance
1: Subject to sections 46D 46E section 46B(1)﻿(a)
a: irrespective of cause, the fire originated in the district of the Fire Authority in an area other than—
i: a defence area; or
ii: a commercial or semi-commercial forest area; and
b:
c: the Fire Authority has notified the National Rural Fire Officer of—
i: the date of the fire; and
ii: the point of origin or probable point of origin of the fire; and
iii: the cause or likely cause of the fire; and
ca: at the time the fire occurred, the most recent evaluation of the Fire Authority's performance under section 14A(2)﻿(m)
d: the Fire Authority has submitted to the National Rural Fire Officer, within 3 months after the date of the fire, a claim on the Rural Fire Fighting Fund in relation to the costs of the fire; and
e: the Fire Authority has given to the National Rural Fire Officer such evidence and other particulars as, in the opinion of the National Rural Fire Officer, are necessary to determine—
i: the point of origin or the probable point of origin of the fire; and
ii: the cause or the likely cause of the fire; and
f: the Fire Authority has submitted to the National Rural Fire Officer fully verified particulars of the costs of the fire; and
g: the costs shown by the particulars submitted under paragraph (f) have been assessed as reasonable by the National Rural Fire Officer or by a Rural Fire Mediator; and
h: where costs in respect of the control, restriction, suppression, or extinction of the fire have been incurred—
i: by any other Fire Authority; or
ii: by any fire brigade or fire brigade auxiliary unit; or
iii: by the Commission; or
iv: by any industrial fire brigade or defence fire brigade; or
v: by any council-controlled organisation within the meaning of the Local Government Act 2002
vi: by any company, corporation, partnership, or person,— the Authority has made full reimbursement of those costs.
2: In this section, commercial or semi-commercial forest area
a: means any area of land—
i: on which trees are managed or harvested or both so that income is thereby gained; and
ii: to which the public has no access as of right; and
b: includes any area of land that is the subject of a Crown forestry licence, whether or not there is a public right of access to that area; but
c: does not include—
i: any area of land on which trees are planted as a shelter belt to mitigate the effect of wind on adjoining pasture or crops or orchards
ii: any area of land on which trees, shrubs, plants, or grasses are maintained under section 134 Section 46C substituted 1 January 1991 section 31(1) Fire Service Amendment Act 1990 Section 46C(1)﻿(b) repealed 17 May 2005 section 10(1) Fire Service Amendment Act 2005 Section 46C(1)﻿(ca) inserted 17 May 2005 section 10(2) Fire Service Amendment Act 2005 Section 46C(1)﻿(h)﻿(v) substituted 1 July 2003 section 262 Local Government Act 2002 Section 46C(2)﻿(c)﻿(i) amended 2 September 1996 Fire Service Amendment Act 1996
46D: Proportionate share of claim
1: Any grant payable under section 46B(1)﻿(a) sections 46E 46F
2: Notwithstanding subsection (1), any grant payable under section 46B(1)﻿(a) sections 46E 46F Section 46D inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46E: Deduction from claim
1: The Commission shall, subject to section 46F section 46B(1)﻿(a) section 46D
2: Notwithstanding subsection (1), the amount deducted under that subsection in respect of each assessed claim made before 31 March 1991 shall be $5,000. Section 46E inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46F: Claims in respect of minor fires
1: Notwithstanding anything in sections 46D 46E
a: a Fire Authority may, on or before 31 March 1991 or as soon as practicable after that date, submit, on the Rural Fire Fighting Fund, a minor fires claim in respect of all fires within the Fire Authority's district at any time in the period of 6 months ending on 31 March 1991; and
b: a Fire Authority may, on or before 31 March in any subsequent year or as soon as practicable after that 31 March, submit on the Rural Fire Fighting Fund, a minor fires claim in respect of all fires within the Fire Authority's district at any time in the period of 12 months ending with that 31 March.
2: Each fire to which a claim under subsection (1) relates shall be—
a: a fire that was controlled, restricted, suppressed, or extinguished at a cost of less than the amount of the deduction, prescribed or specified for the purposes of section 46E
b: a fire that has been notified to the National Rural Fire Officer under section 46C(1)﻿(c)
c: a fire in respect of which the Fire Authority has reimbursed costs within 3 months after the date of the fire as if it were a fire to which section 46C(1)﻿(h)
d: a fire that is not a petty fire (as defined in subsection (3)).
3: A fire is a petty fire Section 46F inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46G: Condition of payment of grant
Where a grant is payable under section 46B(1)﻿(a) Section 46G inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46H: Funding of Rural Fire Fighting Fund
There shall be paid into the Rural Fire Fighting Fund, in any financial year,—
a: such of the proceeds of the levy as the Minister determines; and
b: an annual Crown grant paid on behalf of the Minister of Conservation, the amount of which grant shall be determined by agreement between the Minister and the Minister of Conservation; and
c: any money that, under section 46B(2) Section 46H inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46I: Rural Fire Fighting Fund to be first charge on levy
Where the proceeds of the levy are insufficient to meet both the requirements of the Rural Fire Fighting Fund and the requirements of the Commission under section 47(1) Section 46I inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990 Section 46I amended 1 July 1998 section 3(2) Fire Service Amendment Act 1998
46J: Loans from the Crown for payment into Rural Fire Fighting Fund
1: Notwithstanding section 46H
2: Section 46J inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990 Section 46J(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
46K: Balance to be maintained in Rural Fire Fighting Fund
The Rural Fire Fighting Fund shall be funded at such a level as will enable an end of financial year balance to be maintained in accrual terms equal to the greater of 20% of the level of claims that could reasonably be expected to be made in any 1 year or such other percentage of the level of those claims as may be determined from time to time by the Minister in consultation with the Minister of Conservation. Section 46K inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
46L: Report in relation to Rural Fire Fighting Fund
1: The Minister, in the course of determining the amounts payable into the Rural Fire Fighting Fund in any financial year under paragraphs (a) and (b) of section 46H
a: the total cost of claims in the preceding financial year which originated within the areas of responsibility of the Department of Conservation; and
b: the total cost of claims in the preceding financial year which originated within the areas of responsibility of all other Fire Authorities under the Forest and Rural Fires Act 1977
2: The Minister and the Minister of Conservation shall have due regard to the report made pursuant to subsection (1) in determining, in relation to the financial year immediately following the financial year to which the report relates, the amount of the Crown grant that shall be paid under section 46H(b) Section 46L inserted 1 January 1991 section 31(1) Fire Service Amendment Act 1990
47: Income of Commission
1: In each financial year there must be paid to the Commission such income from the proceeds of the levy (other than the portion of the proceeds required for the Rural Fire Fighting Fund) as is required to meet the actual net expenditure of the Commission.
2: Where in any financial year the levy income of the Commission under this section exceeds the actual net expenditure of the Commission, that excess is to be deemed to be an advance in the payment of the levy and is to be taken into account when the rate of the levy is next reviewed.
3: Where in any financial year the levy income of the Commission under this section is less than the actual net expenditure of the Commission, that shortfall is to be deemed to be a shortfall in the payment of the levy and must be taken into account when the rate of the levy is next reviewed.
4: The uncommitted surplus (if any) or the amount of the deficit (if any) of the Commission for any financial year must be taken into account in calculating the income and expenditure of the Commission for the next succeeding year.
5: For the purposes of this section, the amount of any financial surplus or deficit of the Commission at the end of the financial year is not to take into account any money contained in the Rural Fire Fighting Fund and any money required to be paid into that Fund.
6: For the purposes of this section, actual net expenditure Section 47 substituted 1 July 1998 section 3(1) Fire Service Amendment Act 1998
47A: Appropriation by Parliament
Section 47A repealed 1 July 1998 section 3(1) Fire Service Amendment Act 1998
47B: Definition of terms property and owner of property
1: For the purposes of this section and sections 48 49 49A 49B 50 51 , 51A 51B 51C 52 53 53A motor vehicle section 2(1) Land Transport Act 1998 a heavy RUC vehicle (as defined in section 5(1) owner of property property Schedule 3
2:
3: Section 47B inserted 1 July 1986 section 7(1) Fire Service Amendment Act 1986 Section 47B(1) amended 1 April 1991 section 39(2) Fire Service Amendment Act 1990 Section 47B(1) amended 1 January 1991 section 38(3) Fire Service Amendment Act 1990 Section 47B(1) motor vehicle inserted 1 January 1994 Fire Service Amendment Act 1993 Section 47B(1) motor vehicle amended 1 August 2012 section 94 Road User Charges Act 2012 Section 47B(1) motor vehicle amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 47B(2) repealed 1 January 1991 section 34(2)﻿(a) Fire Service Amendment Act 1990 Section 47B(3) repealed 1 January 1991 section 34(2)﻿(a) Fire Service Amendment Act 1990
47C: Power to charge for services other than attendance at fire calls
1: The Commission, at its discretion, may charge for any service or function other than those provided for in section 17O(a)
2: Notwithstanding subsection (1), the Commission, at its discretion, may charge for—
a: attendance at a hazardous substance emergency, whether or not that hazardous substance emergency involves actual or suspected fire; and
b: fire safety activities; and
c: firefighting involving commercial forestry in Fire Districts or areas which, under section 38
3: Where, pursuant to subsection (2), a charge is made for attendance at a hazardous substance emergency, the amount of the charge made shall include all costs incurred (including costs incurred in securing contractual assistance or in obtaining supplies of materials required) in stabilising or rendering safe the hazardous substance emergency, together with those costs that can be reasonably attributed by the Commission to its function of providing an emergency response service for hazardous substance emergencies.
4: Notwithstanding anything in subsection (1), the Commission, at its discretion, may charge for attendance of any brigade, where the reason for that attendance was the receipt of a false alarm of fire, and, where that alarm came from persons or equipment in any premises, the owner of the premises shall be liable to meet the charge.
5: In any case where subsection (4) applies and the false alarm of fire was not the fault of the owner of the premises, the owner may, by authority of this subsection, recover the costs incurred from the person who caused the false alarm to be made or whose equipment was responsible for the false alarm. Section 47C inserted 1 January 1991 section 34(1) Fire Service Amendment Act 1990
48: Levy
1: Subject to this Act, every insurance company with which any property is insured against fire under any contract of fire insurance made in New Zealand in respect of any period commencing on or after 1 July 1986 shall pay a levy to the Commission.
2: The Governor-General may from time to time, by Order in Council, prescribe—
a: the rate of the levy that shall be computed at a uniform rate per annum on every motor vehicle which is insured in terms of any contract of fire insurance, whether or not the contract specifies the sum insured; and
b: the rate of the levy that shall be computed on all other property on—
i: the amount for which the property is insured for the period of the contract of fire insurance; and
ii: the period of the contract of fire insurance: provided that where the period of the contract is in respect of any period other than a complete year, the levy shall be calculated as a pro rata proportion of the levy for a complete year.
2A: An Order in Council made under subsection (2) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 section 41
3: The rate of the levy shall be reviewed annually by the Minister.
4: In reviewing the rate of the levy the Minister shall have regard to—
a: the total amount for which all properties in respect of which the levy is payable are insured at the latest available date, and the likelihood of any increase or decrease in that total amount:
b: the necessity of ensuring that the amounts received by the Commission in respect of the levy in that financial year are sufficient to meet—
i: the requirements of the Rural Fire Fighting Fund; and
ii: the actual net expenditure that, in the case of the Commission, is required to be met by way of the proceeds of levy in terms of section 47
c: the desirability of ensuring, as far as is reasonably practicable, that any increases or decreases in the rate of the levy are designed to maintain the overall level of stability of the levy in the long term.
5: For the purposes of subsection (4)﻿(b)﻿(ii) the Minister shall take into consideration any shortfall in the levy as determined in accordance with section 47(3)
6: For the purposes of subsection (2)﻿(b), the amount for which the property is insured for the contract of fire insurance shall be—
a: in the case of residential building section 2(1) building section 18
b: in the case of personal property as defined in section 2(1) section 20
c: in the case of other property, where the contract of fire insurance provides for the settlement of any claim for damage to or destruction of the property upon any basis more favourable to the insured person than its indemnity value or where there is no sum insured in the contract, be computed on the basis of the indemnity value of the property as stated by either of the following:
i: a declaration signed by the owner to the effect that the indemnity value declared by the owner for the purposes of the levy is a fair and reasonable indemnity value in relation to the replacement value of the property:
ii: a valuation certificate—
A: given by a registered architect, a valuer registered under the Valuers Act 1948 an engineer with qualifications suitable for the purposes of this Act,
B: establishing clearly the indemnity value of the property for the purposes of the levy:
d: in any case where the indemnity value cannot be established under paragraph (c), be computed—
i: where the contract specifies the sum insured, on that sum:
ii: where the contract does not specify the sum insured, in the manner determined by the Fire Service Commission.
6A: For the purpose of subsection (6), the insurance company shall hold for the purpose of audit under section 51
6B: Where the Commission considers that the indemnity value declared in respect of any property by the owner under subsection (6) is not a fair and reasonable indemnity value in relation to the replacement value of the property, the following provisions shall apply:
a: the Commission shall, before the expiry of the contract, determine a fair and reasonable indemnity value and, subject to paragraph (d), the levy shall be computed on the basis of that determination:
b: the Commission shall notify the owner in writing of—
i: its determination; and
ii: the owner's right of objection under paragraph (c):
c: within 28 days after receiving the notice under paragraph (b), the owner may object in writing to the Commission's determination; and every such objection shall be supported by a valuation certificate that complies with subsection (6)﻿(c)﻿(ii):
d: if the owner furnishes a valuation certificate under paragraph (c), the Commission shall be liable to pay 50% of the costs incurred in obtaining the valuation, and the levy shall be computed on the basis of that valuation.
7: This section shall not apply to any contract of fire insurance that is limited to an excess over the indemnity value of the property or to any portion thereof which is in excess of the indemnity value.
8: Upon the making of any contract of fire insurance to which this section applies, the levy at the rate then declared, computed in respect of the period of the contract of fire insurance, shall thereupon become a debt due by the insurance company to the Commission.
9: The amount of the levy for which any insurance company at any time becomes liable under this section in respect of any contract of fire insurance shall thereupon become a debt due by the insured person to the insurance company, and may be recovered by the company accordingly. If, at any time before the debt is fully discharged, any other person becomes an insured person under the contract of fire insurance, the amount remaining unpaid shall thereupon become a debt due by that other person to the insurance company, without prejudice to the liability of any other person. Where 2 or more persons are liable for any amount under this subsection, their liability shall be joint and several.
10: Subject to any regulations made under this Act, the Commission may from time to time, upon and subject to such conditions as it thinks fit, release any insurance company wholly or partly from its liability in respect of the levy or part of the levy under this section which, in the opinion of the Commission, is irrecoverable by the insurance company from the insured person.
11: Every insurance company shall, when forwarding any statement of account or demand for premium to any insured person in respect of any contract of insurance to which the levy applies, provide in that statement of account or demand that the levy is shown in a separate distinct and identifiable fashion from any premium payable to the insurance company or any other premium, tax, or levy paid to any other person or persons including the Crown, and it shall not be lawful for any insurance company to make any payment of brokerage, agency, or commission to any person or persons whatsoever in respect of the levy.
12: All money received by the Commission in respect of the levy under this section shall be deemed to be income of the Commission in the financial year in which it is received, and the provisions of this Act, with any necessary modifications, shall apply accordingly.
13: Without limiting the general power to make regulations conferred by section 92
a: providing for and regulating the collection, receipt, and payment of money under this section:
b: requiring insurance companies to make returns and keep books and accounts for the purposes of this section: provided that in default of any such regulations and so far as such regulations do not extend, the Minister may give written directions in respect of any matter referred to in paragraph (a) or paragraph (b). Section 48 substituted 1 July 1986 section 8(1) Fire Service Amendment Act 1986 Section 48(2) substituted 1 January 1994 Fire Service Amendment Act 1993 Section 48(2A) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 48(4)﻿(b)﻿(ii) substituted 1 July 1998 section 4(1) Fire Service Amendment Act 1998 Section 48(5) amended 1 July 1998 section 4(2) Fire Service Amendment Act 1998 Section 48(6) substituted 1 January 1994 Fire Services Amendment Act 1993 Section 48(6)﻿(a) amended 19 December 2002 section 10 Fire Service Amendment Act 2002 Section 46(6)﻿(c)﻿(ii)﻿(A) amended 1 January 2004 section 76 Chartered Professional Engineers of New Zealand Act 2002 Section 48(6A) substituted 1 January 1994 Fire Services Amendment Act 1993 Section 48(6B) substituted 1 January 1994 Fire Services Amendment Act 1993
49: Liability for levy where agents of owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
1: For the purposes of this Act, where any company, partnership, corporation, or person in New Zealand in the course of business negotiates, directly or indirectly (whether as a broker or otherwise), any contract of fire insurance between any owner of property and any insurance company that is not carrying on business in New Zealand or with an office or a branch outside New Zealand of an insurance company carrying on business in New Zealand,—
a: the company, partnership, corporation, or person shall be deemed to be the agent of the insurance company (whether or not the company, partnership, corporation, or person is also the agent of the owner of the property):
b: the contract shall be deemed to be made in New Zealand whether the premium was paid within or beyond New Zealand:
c: the agent shall be deemed to be an insurance company carrying on business in New Zealand and shall be subject jointly and severally with the insurance company with whom the contract has been made to all obligations and liabilities (including payment of the levy) imposed under this Act or under any regulations made under this Act:
d: the agent may exercise all the rights, remedies, and powers conferred on the insurance company in relation to the contract under this Act or under any regulations made under this Act.
2: For the purposes of subsection (1), the agent shall include, together with the payment of the levy, a return in the prescribed form
3: For the purposes of this section, where any agent transfers or credits money to any company, corporation, partnership, or person outside of New Zealand for the purposes of providing payment for indemnity of any risk which includes risk of fire, that agent shall provide the Commission with a statutory declaration, in the form prescribed, that the levy payable under this section has been paid.
4: Section 48 Section 49 substituted 1 July 1986 section 9 Fire Service Amendment Act 1986 Section 49(2) amended 19 December 2002 section 11 Fire Service Amendment Act 2002
49A: Liability for levy where owners of property negotiate contracts of fire insurance with insurance company not carrying on business in New Zealand
1: For the purposes of this Act, where the owner of property negotiates a contract of fire insurance in respect of that property, either with an insurance company not carrying on business in New Zealand, or with an office or branch outside New Zealand of an insurance company carrying on business in New Zealand, the contract shall be deemed to be made in New Zealand and that owner of property, in respect of the amount insured (whether the premium was paid within or beyond New Zealand), shall accordingly be liable for the payment of the levy under this Act. The provisions of this section shall apply whether or not the negotiations for the contract of fire insurance were carried out by an overseas insurance broker or agent acting on behalf of the owner of property.
2: For the purposes of subsection (1), the owner of property shall include, together with the payment of the levy, a return in the prescribed form
3: For the purposes of this section, where the owner of property transfers or credits money to any company, corporation, partnership, or person outside New Zealand for the purposes of providing payment for indemnity of any risk which includes risk of fire, that owner shall provide the Commission with a statutory declaration, in the form prescribed, that the levy payable in terms of this section has been paid.
4: The provisions of section 48
5: Nothing in this section shall apply to any contract of fire insurance entered into on or before 30 June 1986 except where such a contract is for a term exceeding 12 months. Where such a contract was entered into on or before 30 June 1986 and is for a period exceeding 12 months the provisions of this section shall apply to that portion of the said contract that exceeds 12 months. Section 49A inserted 1 July 1986 section 10 Fire Service Amendment Act 1986 Section 49A(2) amended 19 December 2002 section 12 Fire Service Amendment Act 2002
49B: Liability for levy by owner of property where cover for risk including fire is provided by any company, corporation, partnership, or person associated with owner of property
1: For the purposes of this Act, where an owner of property makes a payment to any company, partnership, corporation, or person (other than an insurance company) either within or beyond New Zealand, including any company, corporation, partnership, or person associated with the owner (including any parent company, associate company, or subsidiary company of the owner) and the payment is to provide in respect of that property for arrangements for indemnity or a reserve or a fund to cover future loss or future damage resulting from circumstances which include loss or damage from fire, or for any other purpose similar or analogous to a contract of fire insurance, that owner in respect of that payment shall be liable for the payment of the levy under this Act. The provisions of this subsection shall apply whether or not the said arrangements are in the form of a contract of fire insurance.
2: For the purposes of subsection (1), the owner of property shall include, together with the payment of the levy, a return in the prescribed form
3: For the purposes of any payment under subsection (1), where any company, corporation, partnership, or person, whether acting as the owner of property or otherwise, transfers money out of New Zealand, that company, corporation, partnership, or person shall provide the Commission with a statutory declaration in the form prescribed, that the levy payable in terms of this section has been paid.
4: Section 48
5: Nothing in this section shall apply to any arrangement for cover for risk including fire entered into on or before 30 June 1986 except where such an arrangement is for a term exceeding 12 months. Where such an arrangement was entered into on or before 30 June 1986 and is for a period exceeding 12 months the provisions of this section shall apply to that portion of the said arrangement that exceeds 12 months. Section 49B inserted 1 July 1986 section 11 Fire Service Amendment Act 1986 Section 49B(2) amended 19 December 2002 section 13 Fire Service Amendment Act 2002
50: Payment of levy
1: The amount of the levy for which any insurance company or agent or owner of property becomes liable in any month shall be received by
2: Every such payment shall be accompanied by a certificate in the prescribed form section 49
3: Subsections (1) and (2) shall apply with respect to any unpaid Fire Service levy due and payable in respect of any contract of fire insurance on or before 30 June 1986. Section 50 substituted 1 July 1986 section 12(1) Fire Service Amendment Act 1986 Section 50(1) amended 1 January 1991 section 36 Fire Service Amendment Act 1990 Section 50(2) amended 19 December 2002 section 14 Fire Service Amendment Act 2002
51: Audit of contracts of fire insurance, etc
1: Every insurance company and any agent or other representative of the company (whether or not that person is an agent for the company for the purposes of section 49
2: For the purpose of ascertaining whether the levy for which any insurance company or its agent is liable has been paid and whether the provisions of this Act have been complied with, the Commission or its authorised officer or agent may from time to time examine the records (including records of contracts of fire insurance) and records,
3: Where any owner of property is liable for the payment of the levy in terms of sections 49A 49B subsections (1) and (2) Section 51 substituted 1 July 1986 section 13(1) Fire Service Amendment Act 1986 Section 51(2) amended 1 January 1991 section 37(a)﻿(i) Fire Service Amendment Act 1990 Section 51(2) amended 1 January 1991 section 37(a)﻿(ii) Fire Service Amendment Act 1990 Section 51(3) amended 1 January 1991 section 37(b) Fire Service Amendment Act 1990
51A: Companies, corporations, partnerships, and local and public authorities to supply evidence of insurance arrangements
1: The Commission may require any company, corporation, or partnership, or any local or public authority, to make a statutory declaration in the prescribed form
2: Where the Commission determines, pursuant to subsection (1) that a company, corporation, or partnership, or any local or public authority shall make a statutory declaration, the provisions of section 51 Section 51A inserted 1 January 1991 section 38(1) Fire Service Amendment Act 1990 Section 51A(1) amended 19 December 2002 section 15 Fire Service Amendment Act 2002
51B: Secrecy
All returns, all extracts made in order to verify the return, and all information received pursuant to sections 48 49 49A 49B 51 51A provided that nothing in this section shall prohibit publication of the gross amount of the levy received by the Commission during or in respect of any period. Section 51B inserted 1 January 1991 section 38(1) Fire Service Amendment Act 1990
51C: Commission may enter into agreements for auditing information received pursuant to sections 48, 49, 49A, 49B, 51, and 51A
The Commission may, at its discretion, from time to time enter into agreements with any person or persons for the purpose of enabling that person or those persons to act as agent of the Commission in terms of sections 51 51A Section 51C inserted 1 January 1991 section 38(1) Fire Service Amendment Act 1990
52: Protection of commercial information
Section 52 repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987
53: Failure to pay levy
1: If any insurance company liable to pay the levy fails to pay that levy by the date specified in section 50
2: Where any person is liable for the payment of the levy as an agent of an insurance company in terms of section 49
3: Where any owner of property is liable for the payment of the levy in terms of section 49A section 49B Section 53 substituted 1 July 1986 section 15(1) Fire Service Amendment Act 1986
53A: Penalty surcharge for non-payment of levy
1: Where any levy payment has not been made within 6 months of the date specified in section 50 section 53(1)
2: The penalty surcharge shall be as follows:
a: on the amount of so much, if any, of the levy as remains unpaid at the expiry of the day on which there expires the period of 6 months immediately following the due date of payment of that levy, a penalty surcharge of 10%:
b: on the amount of so much, if any, of the levy (being the levy referred to in paragraph (a) and the penalty surcharge added thereto in accordance with the provisions of paragraph (a)) as remains unpaid at the expiry of the day on which there expires the period of 6 months immediately following the day referred to in paragraph (a), a penalty surcharge of 10%:
c: on the amount of so much, if any, of the levy (being the levy referred to in paragraph (a), the penalty surcharge added thereto in accordance with the provisions of paragraphs (a) and (b), and the penalty surcharge, if any, theretofore added thereto in accordance with the provisions of this paragraph) as remains unpaid at the expiry of any of the periods of 6 months that, consecutively, succeed the period of 6 months referred to in paragraph (b), a penalty surcharge of 10%.
3: Where any insurance company is liable for the payment of the levy under section 48
4: Where any person is liable for the payment of the levy as an agent of an insurance company under section 49
5: Where any owner of property is liable for the payment of the levy under section 49A section 49B Section 53A inserted 1 April 1991 section 39(1) Fire Service Amendment Act 1990
54: Provision of superannuation for members of Fire Service
1:
2: Notwithstanding anything in this Act any person, being a person to whom section 18(2)﻿(b) Part 2 the Government Superannuation Fund Act 1956
3: Subject to the Government Superannuation Fund Act 1956
4: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority Section 54 heading substituted 1 January 1991 section 40 Fire Service Amendment Act 1990 Section 54(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2) amended 1 November 1976 section 3(1) Government Superannuation Fund Amendment Act 1976 Section 54(3) amended 1 November 1976 section 3(1) Government Superannuation Fund Amendment Act 1976 Section 54(4) amended 1 November 1976 section 3(1) Government Superannuation Fund Amendment Act 1976
55: Gratuities on retirement or death of members of Fire Service
1: On the retirement from the Fire Service of any member who has not had less than 10 years continuous service the chief executive may pay to that member, and shall not unreasonably withhold, an amount by way of gratuity not exceeding an amount equal to 6 months' pay at the rate payable to that member at the time of that member's retirement.
2: On the death of any member of the Fire Service (whether before or after that member's retirement, but before the member has received a gratuity under subsection (1)) the chief executive may, irrespective of the length of that member's continuous service, pay the member's dependants or any of them, and shall not unreasonably withhold, an amount by way of gratuity not exceeding an amount equal to 6 months' pay at the rate payable to the member at the time of the member's retirement or, if the member died before retirement, at the time of the member's death.
3: For the purposes of this section, service in the Fire Service shall include service with any predecessor of the Commission or with any Urban Fire Authority declared or constituted under the Fire Services Act 1972
4: Not more than 1 gratuity shall be paid under this section in respect of the employment in the Fire Service of any 1 person. Section 55 substituted 1 January 1991 section 41(1) Fire Service Amendment Act 1990
56: Gratuities on retirement or death of members of volunteer fire brigades
1: On the retirement from service as a member of a volunteer fire brigade of any person (other than a member of the Fire Service attached to a volunteer fire brigade pursuant to section 18(4) $120
2: On the death of any member of a volunteer fire brigade (whether before or after the member's retirement but before the member has received a gratuity under subsection (1)) the chief executive may, irrespective of the length of service, pay the member's dependants or any of them, and shall not unreasonably withhold, an amount by way of gratuity at the rate of $120
3: For the purposes of this section—
a: service as a member of a volunteer fire brigade shall be deemed to include service as a member of any volunteer fire brigade, whether that service is continuous or not, during the period of which the member concerned has attended two-thirds of musters, including practices, meetings, and alarms:
b: a certificate from the United Fire Brigades' Association of New Zealand shall be accepted by the chief executive as sufficient evidence and verification of the service of the member concerned.
4: Not more than 1 gratuity shall be paid under this section in respect of the service of a member of a volunteer fire brigade, and any gratuity paid shall not exceed $3,000
5: The Governor-General may from time to time, by Order in Council, alter any or all of the rates of gratuity specified in subsections (1) and (2) in respect of such years of service as may be prescribed and may also alter the maximum amount of gratuities specified in subsection (4).
6: Any person who considers that the chief executive has unreasonably withheld the payment of a gratuity to that person under this section may request a review of the decision through the United Fire Brigades' Association of New Zealand. Section 56 substituted 1 January 1991 section 41(1) Fire Service Amendment Act 1990 Section 56(1) amended 1 January 1994 Fire Service Amendment Act 1995 Section 56(2) amended 1 January 1994 Fire Service Amendment Act 1995 Section 56(4) amended 1 January 1994 Fire Service Amendment Act 1995
57: Gratuities Fund
Section 57 repealed 25 January 2005 section 200 Crown Entities Act 2004
58: Reserve Fund
Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004
58A: Commission may establish special funds
Section 58A repealed 25 January 2005 section 200 Crown Entities Act 2004
58B: General power to be involved in business and other ventures
Section 58B repealed 25 January 2005 section 200 Crown Entities Act 2004
59: Borrowing powers
Section 59 repealed 25 January 2005 section 200 Crown Entities Act 2004
60: Acquisition of housing for use of employees
Section 60 repealed 25 January 2005 section 200 Crown Entities Act 2004
61: Power to take and hold property
1:
2: The Commission shall have power to take in the manner provided by the Public Works Act 1981
3: Any land, any particular estate or interest in land, or any easement over land taken pursuant to subsection (2) shall vest in the Commission. 1972 No 119 s 74 Section 61(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 61(2) amended 1 February 1982 section 248(1) Public Works Act 1981
62: Power to dispose of property
Section 62 repealed 25 January 2005 section 200 Crown Entities Act 2004
62A: Exemption from income tax
The Commission is exempt from income tax. Section 62A inserted 1 January 1991 section 46 Fire Service Amendment Act 1990
62B: Fire Service Restructuring Fund
Section 62B repealed 19 December 2002 section 17(1) Fire Service Amendment Act 2002
62C: Operation of Restructuring Fund in 1994/95
Section 62C repealed 19 December 2002 section 17(1) Fire Service Amendment Act 2002
62D: Operation of Restructuring Fund in 1995/96
Section 62D repealed 19 December 2002 section 17(1) Fire Service Amendment Act 2002
62E: Commission to report on expenditure proposals
Section 62E repealed 19 December 2002 section 17(1) Fire Service Amendment Act 2002
62F: Unexpended money to revert to levy in Advance Account
Section 62F repealed 19 December 2002 section 17(1) Fire Service Amendment Act 2002
5: Personnel administration
63: Obligation to constitute brigades or to attach executive officers and firefighters to operational brigades
1: For the purposes of this Part, the chief executive shall, after consultation with the National Commander, constitute into brigades all executive officers and firefighters who do not form part of an operational brigade, or may attach any such executive officers, or firefighters to any operational brigade.
2: The chief executive shall designate an executive officer to act as Chief Fire Officer of any brigade constituted under subsection (1). Section 63 substituted 1 January 1991 section 47 Fire Service Amendment Act 1990
64: General instructions
Section 64 repealed 1 January 1991 section 48 Fire Service Amendment Act 1990
65: Appointments to vacancies
1: The chief executive, in making an appointment under this Act, shall give preference to the person who is best suited to the position.
2: Where the chief executive intends to fill a position that is vacant or is to become vacant in the Fire Service, the chief executive shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.
3: The chief executive shall notify to the members of the Fire Service every appointment (other than that of an acting, temporary, or casual employee) made by the chief executive to an office or position in the Fire Service. Section 65 substituted 1 January 1991 section 49(1) Fire Service Amendment Act 1990
66: Provision in case of absence from duty
1: In the case of the absence from duty of any member of the Fire Service (whether by reason of illness or appointment to special duties or for any other reason whatever) or in the case of a vacancy (whether by reason of death, resignation, or otherwise), and from time to time while the absence or vacancy continues, or for any other special purpose, the chief executive, acting in accordance with the policy of the Commission,
2: Any authority or appointment under this section may be given or made before the occasion arises or while it continues; and no such authority or appointment, and nothing done by any member of the Fire Service acting pursuant to any such authority or appointment, shall be questioned in any proceedings on the ground that the occasion had not arisen or had ceased, or on the ground that the member had not been appointed to any rank or position to which the authority relates.
3: The chief executive, acting in accordance with the policy of the Commission,
4: Nothing in section 65 Section 66(1) amended 1 January 1991 section 50 Fire Service Amendment Act 1990 Section 66(3) amended 1 January 1991 section 50 Fire Service Amendment Act 1990
67: Review of appointments
1: The chief executive shall put into place for the Fire Service a procedure for reviewing those appointments made within the Fire Service that are the subject of any complaint by a member of the Fire Service.
2: The procedure shall comply with the guidelines prescribed by the State Services Commission for such review procedures.
3: Nothing in this section relates to an acting appointment or to an appointment to the position of chief executive, National Commander, Deputy National Commander, or to any person appointed as a member of the Fire Service in charge of a Fire Region. Section 67 substituted 1 January 1991 section 51 Fire Service Amendment Act 1990
68: Appeal against transfers
Section 68 repealed 1 January 1991 section 52(1) Fire Service Amendment Act 1990
69: Appeal against withholding of gratuity
Section 69 repealed 1 January 1991 section 52(1) Fire Service Amendment Act 1990
69A: Rights of appeal in respect of enterprise units and positions for which range of rates of remuneration is prescribed
Section 69A repealed 1 January 1991 section 52(1) Fire Service Amendment Act 1990
70: Dismissal
Section 70 repealed 1 January 1991 section 52(1) Fire Service Amendment Act 1990
71: Appeal against dismissal
Section 71 repealed 1 January 1991 section 52(1) Fire Service Amendment Act 1990
71A: Member of Fire Service on probation
Section 71A repealed 1 January 1991 section 52(1) Fire Service Amendment Act 1990
72: Retirement of medically unfit
1: Any member of the Fire Service who is certified by 2 medical practitioners, nominated by the chief executive chief executive chief executive
2: Any member required under this section to retire from the Fire Service shall, on the expiration of the time specified in that behalf in the notice, cease to be a member: provided that where an appeal is commenced under subsection (3), the appellant shall not cease to be a member until he has been notified in writing by the chief executive
3: Any member who is required under this section to retire from the Fire Service may appeal against the requirement.
4: Every appeal shall be commenced by notice of appeal delivered to the chief executive
5: Any appeal under this section shall be determined by 3 chief executive
6: Subject to subsection (5) the medical practitioners appointed under that subsection after full inquiry may dismiss the appeal or allow the appeal subject to the appellant complying with any conditions specified by them. Section 72(1) amended 1 January 1991 section 53 Fire Service Amendment Act 1990 Section 72(2) proviso amended 1 January 1991 section 53 Fire Service Amendment Act 1990 Section 72(4) amended 1 January 1991 section 53 Fire Service Amendment Act 1990 Section 72(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(5) amended 1 January 1991 section 53 Fire Service Amendment Act 1990
72A: Standards of physical competence
1: For the purpose of section 72C
2: Any such standards may be expressed to apply to all categories of persons referred to in subsection (1) or to any particular class of those persons, whether designated by reference to rank, duties, or age, or otherwise. Section 72A inserted 1 January 1991 section 54 Fire Service Amendment Act 1990
72B: Application of section 72C
Section 72C Section 72B inserted 1 January 1991 section 54 Fire Service Amendment Act 1990
72C: Compulsory disengagement of unfit
1: If any person to whom this section applies is unable to meet the standards of physical competence prescribed under section 72A
2: In any case to which subsection (1) applies, the person may, with the consent of the chief executive, waive the right to notice and leave the Fire Service immediately.
3: A person who is required under this section to leave the Fire Service shall cease to be a member of the Fire Service on the expiration of the time specified in that behalf in the notice or (where the person waives the right to notice with the consent of the chief executive under subsection (2)) on the date on which the chief executive gives to the person written notice of consent to the waiver. Section 72C inserted 1 January 1991 section 54 Fire Service Amendment Act 1990 Discipline
73: Standards of conduct
1: The chief executive may from time to time prescribe the standards of conduct that are to apply to members of the Fire Service, whether or not those members hold Fire Service rank.
2: The chief executive shall consult the State Services Commission before issuing standards of conduct. Section 73 substituted 1 January 1991 section 55 Fire Service Amendment Act 1990
74: Action to be taken by Chief Fire Officer if executive officer or fireman alleged to be in breach of good conduct
Section 74 repealed 1 January 1991 section 56(1) Fire Service Amendment Act 1990
75: Certain offences to be reported to Commission
Section 75 repealed 1 January 1991 section 56(1) Fire Service Amendment Act 1990
76: Offences by senior officers
Section 76 repealed 1 January 1991 section 56(1) Fire Service Amendment Act 1990
77: Action to be taken by Commission when alleged breach of good conduct referred to it
Section 77 repealed 1 January 1991 section 56(1) Fire Service Amendment Act 1990
78: Appeal following inquiry into breach of good conduct
Section 78 repealed 1 January 1991 section 56(1) Fire Service Amendment Act 1990
79: Suspension pending hearing of criminal charge
Section 79 repealed 25 January 2005 section 200 Crown Entities Act 2004 Appeal Board Heading repealed 1 January 1991 section 58(1) Fire Service Amendment Act 1990
80: Appeal Board
Section 80 repealed 1 January 1991 section 58(1) Fire Service Amendment Act 1990
81: Nominated members of Appeal Board
Section 81 repealed 1 January 1991 section 58(1) Fire Service Amendment Act 1990
82: Procedure of Appeal Board
Section 82 repealed 1 January 1991 section 58(1) Fire Service Amendment Act 1990
6: Remuneration and conditions of employment
83: Application of State Sector Act 1988
Section 83 repealed 25 January 2005 section 200 Crown Entities Act 2004
83A: General principles
Section 83A repealed 25 January 2005 section 200 Crown Entities Act 2004
83B: Equal employment opportunities
Section 83B repealed 25 January 2005 section 200 Crown Entities Act 2004
83C: Choice of procedure
Section 83C repealed 15 May 1991 Employment Contracts Act 1991
83D: Implementation of ballot where awards and agreements do not contain service organisation membership clause
Section 83D repealed 1 April 1988 Fire Service Amendment Act 1988
83E: Power to make consequential amendments to determination
Section 83E repealed 1 April 1988 Fire Service Amendment Act 1988
83F: Explanatory note in relation to expiry of service organisation membership clause
Section 83F repealed 1 April 1988 Fire Service Amendment Act 1988
83G: Insertion of service organisation membership clause in determination to which 2 or more service organisations are parties
Section 83G repealed 1 April 1988 Fire Service Amendment Act 1988
83H: Notice to Registrar
Section 83H repealed 1 April 1988 Fire Service Amendment Act 1988
83I: Conduct of ballot
Section 83I repealed 1 April 1988 Fire Service Amendment Act 1988
83J: Restriction on issue of certificates
Section 83J repealed 1 April 1988 Fire Service Amendment Act 1988
83K: Offences in relation to ballots
Section 83K repealed 1 April 1988 Fire Service Amendment Act 1988
83L: Applications for inquiries
Section 83L repealed 1 April 1988 Fire Service Amendment Act 1988
83M: Inquiries into ballots
Section 83M repealed 1 April 1988 Fire Service Amendment Act 1988
83N: Ballot papers, etc, to be preserved
Section 83N repealed 1 April 1988 Fire Service Amendment Act 1988
83O: Enforcement of service organisation membership clauses
Section 83O repealed 1 April 1988 Fire Service Amendment Act 1988
83P: Application for exemption from membership of service organisation
Section 83P repealed 1 April 1988 Fire Service Amendment Act 1988
83Q: Intervention by other service organisations or unions or central organisation of workers
Section 83Q repealed 1 April 1988 Fire Service Amendment Act 1988
83R: Discrimination
Section 83R repealed 1 April 1988 Fire Service Amendment Act 1988
83S: Right to become member of service organisation
Section 83S repealed 1 April 1988 Fire Service Amendment Act 1988
84: New section inserted in
Industrial Relations Act 1973 Section 84 repealed 1 August 1987 Fire Service Amendment Act (No 2) 1987
85: Application of this Part
Section 85 repealed 1 August 1987 Fire Service Amendment Act (No 2) 1987
7: Miscellaneous provisions
86: Inquiries as to fires
1: The Minister may, at the request of the Commission or the National Commander or of the Minister's 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 and any other matter which the Minister may consider appropriate to the inquiry.
2: 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
3: In any case where, pursuant to subsection (1), a request has been made to the Minister to order an inquiry into any fire or the Minister has ordered an inquiry into any fire and, in either case, any property has been damaged or destroyed by the fire, the Commission may take and retain possession of the damaged property or the remains of the destroyed property, and, where the fire occurred on any premises, take and retain possession of those premises, until such time as the inquiry has been completed or the Minister has declined to hold the inquiry.
4: At any such inquiry—
a: the Commission may be represented by a member thereof or by any other person authorised by the Commission; and
b: the National Commander may be represented by a person authorised by the National Commander.
5: Any person so representing the Commission or the National Commander may appear and be heard and may adduce evidence and examine and cross-examine witnesses. 1972 No 119 s 94 Section 86(1) substituted 1 January 1991 section 62(1) Fire Service Amendment Act 1990 Section 86(4) substituted 1 January 1991 section 62(2) Fire Service Amendment Act 1990 Section 86(5) added 1 January 1991 section 62(2) Fire Service Amendment Act 1990
87: Service of notices
1: If a notice or other document must be served on a person for the purposes of this Act, it may be served—
a: by delivering it personally to the person; or
b: by delivering it at the usual or last known place of residence or business of the person, including by facsimile; or
c: by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.
2: If a notice or other document is to be served on a body (whether incorporated or not), service on an officer of the body in accordance with subsection (1) is service on the body.
3: If a notice or other document is to be served on a partnership, service on any 1 of the partners in accordance with subsection (1) or subsection (2) is service on the partnership.
4: If a notice or other document is sent by post to a person in accordance with subsection (1)﻿(c), it must be treated as having been received by the person at the time at which the letter would have been delivered in the ordinary course of post. Section 87 substituted 19 December 2002 section 16 Fire Service Amendment Act 2002
88: Offences
1: Every person commits an offence who—
a: resists, deceives, or knowingly obstructs the Commission, or any member of a defence fire brigade
b: unlawfully interferes with any equipment at or in the vicinity of any fire or suspected fire or other emergency:
c: knowingly gives or causes to be given any false alarm of fire:
d: unlawfully interferes with any fire alarm:
e: knowingly covers up, encloses, or conceals any hydrant so as to render its position difficult to ascertain:
f: knowingly obliterates or removes any mark, sign, or letter used for the purpose of indicating the position of or distinguishing any hydrant:
g: with intent to deceive, impersonates a member of the Fire Service or a member of a volunteer fire brigade or defence fire brigade or industrial fire brigade.
2: Every constable
3: The Commission may offer a reward, not exceeding $500 (g) 1972 No 119 s 96 Section 88(1)﻿(a) amended 13 December 1979 Fire Service Amendment Act 1979 Section 88(1)﻿(a) amended 20 October 1978 Fire Service Amendment Act 1978 Section 88(1)﻿(g) added 2 September 1996 Fire Service Amendment Act 1996 Section 88(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 88(3) amended 2 September 1996 Fire Service Amendment Act 1996 Section 88(3) amended 2 September 1996 Fire Service Amendment Act 1996
89: Penalties
1: Every person who commits an offence under any of the provisions of paragraphs (a) to (c) of section 88(1)
2: 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 1972 No 119 s 97 Section 89(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 89(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
90: Fines
1: All fines recovered under this Act shall be paid to the Commission and form part of the revenue of the Commission.
2: The amount of any fine or other sum ordered to be paid by a member of the Fire Service, pursuant to this Act, may be deducted from any money due or thereafter becoming due from the Commission to that member by way of salary or otherwise.
91: Restriction on public use of words
fire engineer Section 91 repealed 1 January 2004 section 76 Chartered Professional Engineers of New Zealand Act 2002
92: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power hereinbefore conferred, regulations may be made under this section for all or any of the following purposes namely:
a:
b: providing for the administration, maintenance, duties, discipline, and control of the Fire Service:
c: prescribing the ranks in the Fire Service, and providing for the appointment of any person to any such rank:
d:
da: prescribing the conditions under which, and circumstances when, medical examinations of employees may be carried out:
e: prescribing the retiring ages of members of the Fire Service, or of any class or classes of such members:
f:
g: prescribing the procedure at and regulating the conduct of inquiries under this Act and enabling the taking of evidence on commission for the purposes of any such inquiry:
h:
i: prescribing the form of any return or certificate or statutory declaration under sections 49 49A 49B 50 51A
j:
k:
l: prohibiting or restricting the sale for domestic use of any apparatus or equipment that may cause injury to persons by burning, or the ignition of clothing or fabrics, by contact with heating elements or flames:
m: controlling the sale and use of fire extinguishers:
n: prescribing standards of fire safety:
na: prescribing the design, siting, installation, dimensions, markings, and recommended distance from buildings of fire hydrants
nb: prescribing the design, installation, dimensions, and markings of riser mains
nc: prescribing, for the purposes of section 21A
nd: prescribing, for the purposes of section 21B
ne: prescribing, for the purposes of section 21B
nf: prescribing the form of—
i: applications under sections 21C 21H
ii: notifications under section 21E
o: prescribing offences for breaches of any such regulations, or for failure to comply with any lawful direction thereunder, and prescribing, on
p: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
3:
4:
5: Any regulations made under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date on which they are made), and if no such date is specified shall come into force on the date of the making thereof.
6:
7: Regulations made under this Act may be so made as to apply generally throughout New Zealand or within any specified part or parts thereof, or within the whole of New Zealand except such part or parts as may be specified in the regulations. 1972 No 119 s 98 1974 No 25 s 16 Section 92(2)﻿(a) repealed 1 January 1991 section 63(1) Fire Service Amendment Act 1990 Section 92(2)﻿(d) repealed 1 January 1991 section 63(2) Fire Service Amendment Act 1990 Section 92(2)﻿(da) inserted 1 January 1991 section 63(3) Fire Service Amendment Act 1990 Section 92(2)﻿(f) repealed 1 January 1991 section 63(4) Fire Service Amendment Act 1990 Section 92(2)﻿(g) substituted 1 January 1991 section 63(5) Fire Service Amendment Act 1990 Section 92(2)﻿(h) repealed 1 January 1991 section 34(2)﻿(b) Fire Service Amendment Act 1990 Section 92(2)﻿(i) substituted 1 July 1986 section 16 Fire Service Amendment Act 1986 Section 92(2)﻿(i) amended 1 January 1991 section 38(4) Fire Service Amendment Act 1990 Section 92(2)﻿(j) repealed 1 January 1991 section 34(2)﻿(b) Fire Service Amendment Act 1990 Section 92(2)﻿(k) repealed 1 January 1991 section 34(2)﻿(b) Fire Service Amendment Act 1990 Section 92(2)﻿(na) inserted 1 January 1991 section 63(6) Fire Service Amendment Act 1990 Section 92(2)﻿(na) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 92(2)﻿(nb) inserted 1 January 1991 section 63(6) Fire Service Amendment Act 1990 Section 92(2)﻿(nb) amended 5 August 2013 section 77(3) Legislation Act 2012 Section (2)﻿(nc) inserted 1 October 2006 section 11(1) Fire Service Amendment Act 2005 Section (2)﻿(nd) inserted 1 October 2006 section 11(1) Fire Service Amendment Act 2005 Section (2)﻿(ne) inserted 1 October 2006 section 11(1) Fire Service Amendment Act 2005 Section (2)﻿(nf) inserted 1 October 2006 section 11(1) Fire Service Amendment Act 2005 Section 92(2)﻿(o) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 92(3) repealed 1 October 2006 section 11(2) Fire Service Amendment Act 2005 Section 92(4) repealed 1 July 1992 Building Act 1991 Section 92(6) repealed 10 December 1976 Fire Service Amendment Act 1976
93: Repeals and amendments
1: The enactments specified in Schedule 1
2:
3: The enactments specified in Schedule 2
4: Unless the context otherwise requires, every reference in any other Act or in any regulation, rule, order, instrument, notice, or other document whatsoever to an Urban Fire Authority or to a Fire Board shall, after the commencement of this Act, be read as a reference to the New Zealand Fire Service Commission.
5: Unless the context otherwise requires, every reference in any other Act or in any regulation, rule, order, instrument, notice, or other document whatsoever to the fire service established under the Fire Services Act 1972
6: Without limiting the provisions of the Acts Interpretation Act 1924 section 99 of the Fire Services Act 1972 Section 93(2) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 93(5) added 10 December 1976 Fire Service Amendment Act 1976 Section 93(6) added 10 December 1976 Fire Service Amendment Act 1976