Forest and Rural Fires Act 1977

1: Short Title and commencement
1: This Act may be cited as the Forest and Rural Fires Act 1977.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 1955 No 44 s 1 Section 1(2) brought into force 1 April 1979 Forest and Rural Fires Act Commencement Order 1979
2: Interpretation
1: In this Act, unless the context otherwise requires,— apparatus area backburn brigade fire brigade National Commander Fire Service Act 1975 and a defence fire brigade (as defined in section 2(1) broadcast burnout 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; or
ii: any area of land on which trees, shrubs, plants, or grasses are maintained under section 134 and commercial or semi-commercial forestry conservation area Conservation Act 1987 section 61 section 62 section 2(1) Director-General Forests Act 1949 State Sector Act 1988 district
a: a territorial area; or
b: a rural fire district; or
c: a State area; or
d: an area in respect of which the New Zealand Fire Service Commission has entered into an agreement or arrangement with a Fire Authority pursuant to sections 9(a) 14(2)
e: an area in respect of which a local authority exercises the functions of a Fire Authority pursuant to section 9(b) eligible landholder essential services
a: for the supply and distribution of food, water, fuel, power, and other necessities:
b: for the maintenance of transport and communication facilities essential to the well-being of the community:
c: for the maintenance of the health of the community:
d: for the maintenance of law and order, public safety, and the defence of the State:
e: for the preservation of property at immediate risk of destruction or deterioration exotic forest farming
a: includes—
i: the use of land for orchards:
ii: the use of trees as shelter belts to mitigate the effects of wind on pastures, crops, or orchards:
iii: the maintenance of any area of land on which trees, shrubs, plants, or grasses are maintained under section 134
b: does not include farm forestry or any other type of commercial or semi-commercial forestry Fire Authority
a: in relation to a rural fire district, means—
i: the rural fire committee in which the administration of the district is vested; or
ii: the Minister of Conservation; or
iii: the Minister of Defence (unless stated otherwise in the Gazette
b: in relation to a State area, means the Minister of Conservation:
c: in relation to the fire safety margin attached to a State area, means the Minister of Conservation to the extent provided by sections 11A 11B
d: in relation to a territorial area, means the territorial authority having jurisdiction for the area:
e: in relation to an area subject to an agreement made under section 14(1)
f: in relation to an area in respect of which a territorial authority exercises the powers of a Fire Authority under section 9(b) fire control
a: the prevention, detection, control, restriction, suppression, and extinction of fire; and
b: the safeguarding of life and property from damage and risk of damage by or in relation to fire; and
c: all measures conducive to or intended to further or effect such prevention, detection, control, restriction, suppression, extinction, or safe guarding;— and fire control measure Fire Officer Rural Fire Officer section 13 fire plan fire safety margin
a: in relation to a State area other than the common marine and coastal area or any reclaimed land that is subject to subpart 3 section 29(1)
i: specified in a Gazette section 11B
ii: in a fire district within the meaning of the Fire Service Act 1975
iii: in a rural fire district; and
b: in relation to a forest area, means the land outside the forest area but within such a distance (not exceeding 1 km) from the boundary of the forest area as is approved by the Fire Authority for the area; but
c: does not include any land being the whole or part of a defence area within the meaning of the Defence Act 1990 firebreak foreshore forest
a: all access ways or strips, roads, pathways, snig tracks and other tracks, bridges, airfields, airstrips, helicopter pads, tramways, and railways:
b: all grazing areas, firebreaks, clearings (whether natural or otherwise), and burntover areas:
c: areas containing thinnings, slash, sawdust, slabs, or other debris:
d: areas of vegetation other than tree species:
e: all banks, beds, arms, or shores of streams, creeks, reservoirs, rivers, or lakes, or of the sea:
f: all earthworks (including dams and stopbanks):
g: all buildings and other structures,— contained within a forest, or adjacent to and used in connection with a forest forest area section 17 forest produce landholder local authority Local Government Act 2002 Minister National Commander section 17M National Rural Fire Authority section 14A(1) National Rural Fire Officer section 17W New Zealand Fire Service Commission Fire Service Act 1975 notice section 63 open air
a: a fireplace (including any enclosed fireproof place or incinerator for combustion by fire) constructed and maintained in a dwelling or other structure or in any other place to the approval of the public or local authority having jurisdiction to issue the relevant permit to build such dwelling or structure or to authorise the construction or installation of the fireplace; or
b: an incinerator operated by or with the written approval of the Director-General of Conservation or of a Fire Officer having jurisdiction to issue permits to light fires within the relevant district within which the State area is situated; or
c: any barbecue, whether fixed or portable,—
i: which is of a type or construction prescribed by regulations under this Act or authorised, specifically or generally, by the Fire Officer or Chief Fire Officer within whose jurisdiction the barbecue is to be used; and
ii: which is used in any area so prescribed or authorised:
d: such other receptacle or place as may from time to time be authorised by the Fire Authority for the relevant District or be prescribed open season open fire season section 22 owner permit section 23(1) section 24 person Principal Fire Officer
a: in relation to any State area for which a Principal Rural Fire Officer is appointed by the Minister of Conservation
b: in relation to any district (other than a State area) for which there is only 1 Fire Officer, means that officer or, where he is absent or unavailable or unable to act, the person acting as Principal Fire Officer pursuant to the fire plan for that district:
c: in relation to any State area for which no Principal Rural Fire Officer has been appointed by the Minister of Conservation Rural Fire Officer appointed under section 13(3) section 59(1) prohibited season prohibited fire season property the Public Works Act 1981 regional council Local Government Act 2002 restricted season restricted fire season rural fire committee rural fire district Rural Fire Mediator mediator section 64 specially protected property Gazette section 6 specially protected site State area
a: subject to paragraph (c), means—
i: any conservation area; and
ii: any national park within the meaning of the National Parks Act 1980
iii: any lands of the Crown within the meaning of section 176
iv: any government purpose reserve within the meaning of section 22 section 16
v: the common marine and coastal area (as defined in section 9(1)
va: reclaimed land vested in the Crown under section 30 31
vi: any other land or class of land (whether or not vested in or administered by the Crown) declared by the Minister of Conservation by notice in the Gazette but
b:
c: unless declared to be a State area by notice in the Gazette
i: any area included in a rural fire district:
ii: any conservation area for the time being expressly excluded from any State area by the Director-General of Conservation, by notice in the Gazette
iii: any Fire District within the meaning of the Fire Service Act 1975
iv: any land reserved from sale or other disposition under Part 4A
v: any reserve within the meaning of the Reserves Act 1977
vi: any government purpose reserve within the meaning of section 22 section 16
vii: any local purpose reserve within the meaning of section 23
viii: any easement acquired and held for conservation purposes under section 7(2)
ix: any right of way or other easement acquired for the purposes of section 12
x: any fire safety margin attached to a State area by operation of this Act sufficiently described
a: by physical features; or
b: as all or part of the land controlled by 1 or more local authorities; or
c: by boundaries marked by aerial photographs; or
d: by any other sufficient or popular or untechnical reference— to the approval of the relevant Fire Authority or Fire Authorities; and sufficiently describe sufficient description territorial area
a: a rural fire district; or
b: a fire district within the meaning of the Fire Service Act 1975
c: a State area; or
d: a fire safety margin attached to a State area vegetation
a: all plants and the produce thereof, live or dead, standing, fallen, windblown, cut, broken, pulverised, sawn, or harvested, natural or disturbed, in use or as waste, rubbish, refuse or debris, stump, stubble, or otherwise; and
b: fossil fuel exposed at or lying within 20 metres of the surface of any land; and
c: peat in any form;— but does not include wood forming part of a structure or otherwise in processed form.
2: Where any person is empowered or required to do or suffer any thing by or in relation to this Act, or in relation to fire control, but is—
a: subject to any disability or incapacity, or is dead, or is for any other reason unable to do or suffer that thing, it shall be lawful and sufficient for the appropriate agent, assignee, receiver, liquidator, manager, guardian, trustee, or personal representative of that person to do or suffer that thing:
b: an association, body, or authority, whether corporate or not, it shall be lawful or sufficient for a secretary, clerk, manager, director, chairman, mayor, committee member, or other appointee or holder of office, or for its solicitor, to do or suffer that thing as agent or representative for, on behalf of, in the name of or in the place of that association, body, or authority. 1955 No 44 s 2 Section 2(1) brigade amended 1 January 1991 section 2(1) Forest and Rural Fires Amendment Act 1990 Section 2(1) brigade amended 20 October 1978 Fire Service Amendment Act 1978 Section 2(1) commercial or semi-commercial forest area inserted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) conservation area substituted 1 December 1989 section 2(2) Forest and Rural Fires Amendment Act 1989 Section 2(1) Conservator of Forests repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) county area repealed 1 January 1991 section 2(2) Forest and Rural Fires Amendment Act 1990 Section 2(1) Director-General amended 1 April 1988 section 90(a) State Sector Act 1988 Section 2(1) district substituted 1 January 1991 section 2(3) Forest and Rural Fires Amendment Act 1990 Section 2(1) farming inserted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) Fire Authority substituted 17 May 2005 section 3(1) Forest and Rural Fires Amendment Act 2005 Section 2(1) fire safety margin substituted 17 May 2005 section 3(2) Forest and Rural Fires Amendment Act 2005 Section 2(1) fire safety margin amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) foreshore inserted 25 November 1994 Foreshore and Seabed Endowment Revesting Amendment Act 1994 Section 2(1) local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) maritime park repealed 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) Minister substituted 1 January 1991 section 2(6) Forest and Rural Fires Amendment Act 1990 Section 2(1) National Commander inserted 1 January 1991 section 2(6) Forest and Rural Fires Amendment Act 1990 Section 2(1) National Rural Fire Authority inserted 1 January 1991 section 2(6) Forest and Rural Fires Amendment Act 1990 Section 2(1) National Rural Fire Officer inserted 1 January 1991 section 2(6) Forest and Rural Fires Amendment Act 1990 Section 2(1) open air substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) open season open fire season substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) prescribed repealed 1 January 1991 section 2(7) Forest and Rural Fires Amendment Act 1990 Section 2(1) Principal Fire Officer amended 1 July 1987 Forest and Rural Fires Amendment 1987 Section 2(1) Principal Fire Officer amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) Principal Fire Officer amended 1 July 1987 Forest and Rural Fires Amendment 1987 Section 2(1) property amended 1 February 1982 section 248(1) Public Works Act 1981 Section 2(1) regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Rural Fire Mediator mediator substituted 1 January 1991 section 2(9) Forest and Rural Fires Amendment Act 1990 Section 2(1) Secretary repealed 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) specially protected property substituted 1 January 1991 section 2(10) Forest and Rural Fires Amendment Act 1990 Section 2(1) State area substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 2(1) State area substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) State area substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) State area amended 17 May 2005 section 3(3)﻿(a) Forest and Rural Fires Amendment Act 2005 Section 2(1) State area repealed 17 May 2005 section 3(3)﻿(b) Forest and Rural Fires Amendment Act 2005 Section 2(1) State area added 15 November 2000 section 3 Forest and Rural Fires Amendment Act 2000 Section 2(1) State area added 15 November 2000 section 3 Forest and Rural Fires Amendment Act 2000 Section 2(1) State area added 17 May 2005 section 3(4) Forest and Rural Fires Amendment Act 2005 Section 2(1) territorial area substituted 17 May 2005 section 3(5) Forest and Rural Fires Amendment Act 2005
3: Act to bind Crown
This Act shall bind the Crown. 1955 No 44 s 3
3A: Delegation of powers by Minister of Forestry
Section 3A repealed 1 January 1991 section 3(1) Forest and Rural Fires Amendment Act 1990
3B: Delegation of powers by Secretary
Section 3B repealed 1 January 1991 section 3(1) Forest and Rural Fires Amendment Act 1990
1: Fire control organisation
Rural fire districts and specially protected property
4: Rural fire districts
1: For the purpose of fire control, the National Rural Fire Authority may from time to time, by notice in the Gazette provided that, where no such date is specified, each district shall be deemed to come into being on the day after the date on which the notice constituting it is gazetted.
2: Where any area described in a notice published under subsection (1)—
a: is a defence area within the meaning of the Defence Act 1990
b: is not Fire Service Act 1975
c: has been included in the notice at the request of the Minister of Defence,— that area shall, on the date on which the notice is gazetted, or on such other date as may be stated in that notice, become a rural fire district of which the Minister of Defence is, unless otherwise stated in the notice, the Fire Authority.
3: Any notice published under subsection (1) at the request of the Minister of Defence may at any time, at the request of the Minister of Defence, be revoked, in whole or in part, or amended.
4: The National Rural Fire Authority may, if it thinks fit, from time to time in like manner alter or redefine the boundaries of any rural fire district by the inclusion therein or the exclusion therefrom of any area, and may in like manner abolish any rural fire district. Section 4 substituted 1 January 1991 section 4 Forest and Rural Fires Amendment Act 1990 Section 4(2)﻿(b) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996
5: Preliminary steps before rural fire district constituted or boundaries changed
1: For the purposes of this section and section 6 Fire Authority
2: Every proposal for the publication in the Gazette section 4
a: shall be made to the National Rural Fire Authority; and
b: shall, except where a rural fire district is to be abolished, be accompanied by a plan and land description together sufficiently describing the proposed rural fire district or the proposed changes in the boundaries of a rural fire district.
3: The proposer—
a: shall send a copy of the proposal to every Fire Authority, regional council, and local authority affected by the proposal; and
b: shall deposit a copy of the proposal in some convenient place to which the public has access so that the proposal may be available for public inspection.
4: The proposer shall cause a notice to be advertised at least twice (at intervals of not less than 1 week and not more than 2 weeks) in a newspaper circulating in the locality,—
a: giving the substance of the proposal; and
b: stating where and at what times a copy of the proposal is open for public inspection; and
c: calling upon any persons affected to state in writing any well-grounded representations objecting to or supporting the proposal and to send it to the National Rural Fire Authority within a time limit not earlier than 1 month after the date of the first publication of the notice.
5: A copy of the notice shall be forwarded to the National Rural Fire Authority and to every body to which a copy of the proposal was sent pursuant to subsection (3), and every such body may make representations to the National Rural Fire Authority in respect of the proposal within the time limit set by the notice.
6: The National Rural Fire Authority may appoint a time and place at which the makers of representations under subsection (4) or subsection (5) may appear before the National Rural Fire Authority or a Fire Authority nominated by it or a Rural Fire Mediator and support their representations by such evidence as they think fit.
7: The National Rural Fire Authority shall give due consideration to the representations made and any supporting evidence produced before it gazettes any notice in respect of the proposal. Section 5 substituted 1 January 1991 section 4 Forest and Rural Fires Amendment Act 1990
6: Specially protected property
1: The National Rural Fire Authority may, by notice in the Gazette
a: specify or describe property or the nature of property for the special safeguarding of which any Fire Authority or Fire Authorities may be concerned in any district or districts:
b: provide for powers, duties, responsibilities, expenses, restrictions, and other requirements appropriate to fire control in respect of such property.
2: The National Rural Fire Authority may in like manner from time to time amend any notice made pursuant to this section, or at any time revoke any such notice.
3: The National Rural Fire Authority shall consult with the owner of the relevant property and adjacent landowners and every Fire Authority affected by the proposed notice before exercising its powers under this section.
4: Any person who infringes any safeguard or other fire control measure provided for in any notice made under this section commits an offence against this Act. Section 6 substituted 1 January 1991 section 4 Forest and Rural Fires Amendment Act 1990 Fire authorities
7: Fire Authority in rural fire districts
1: Except in the case of a rural fire district constituted under section 4(2) Gazette
2: The National Rural Fire Authority may, by notice in the Gazette Gazette Section 7 substituted 1 January 1991 section 5 Forest and Rural Fires Amendment Act 1990
7A: New Zealand Forestry Corporation rural fire district
Section 7A repealed 2 September 1996 Forest and Rural Fires Amendment Act 1996
8: Rural fire committees
1: The National Rural Fire Authority may from time to time, by notice in the Gazette provided that, where all or part of a rural fire district comprises land within the locality over or in respect of or within which a local authority has or may exercise jurisdiction, that authority may be appointed as, or as a member of, a rural fire committee: provided also that where there is land occupied for farming purposes or specially protected property in a rural fire district, the National Rural Fire Authority shall, where appropriate, ensure that the interests of landholders and other persons having rights in or over such land or property are represented on the committee, having regard to sections 45(2) 46(2)
2: Every rural fire committee so constituted shall be a body corporate, having (subject to the right of the National Rural Fire Authority to dissolve that body by notice in the Gazette provided that where a local authority is the rural fire committee any acts or proceedings purporting to be effected by it pursuant to this Act shall be deemed to have been effected by that local authority acting as the rural fire committee.
3: All rural fire districts and committees constituted, provided for, or elected under the Forest and Rural Fires Act 1955 Forest and Rural Fires Act 1947 Section 8 substituted 1 January 1991 section 6 Forest and Rural Fires Amendment Act 1990
9: Fire Authority's powers in areas of urban vegetation
In respect of any sufficiently described area of vegetation situate within the jurisdiction of the New Zealand Fire Service Commission, the powers of a Fire Authority under this Act may be exercised, notwithstanding any provisions otherwise in any other enactment,—
a: by any Fire Authority to the extent of any agreement or arrangement made between it and the Commission pursuant to section 14(2)
b: by any local authority to the extent of any agreement or arrangement made by that local authority with the National Rural Fire Authority Gazette provided that the area shall not thereby cease to be subject to the jurisdiction of the Commission. Section 9(b) amended 1 January 1991 section 7 Forest and Rural Fires Amendment Act 1990
10: Fire Authority in territorial areas
The Fire Authority of each territorial area shall be the territorial authority having territorial jurisdiction in respect of that area. Section 10 substituted 1 January 1991 section 8 Forest and Rural Fires Amendment Act 1990
11: Fire Authority in State areas
1: The Fire Authority of each State area shall be the Minister of Conservation
2: The Minister of Conservation of Conservation any officer or employee of the Department of Conservation
2A: Any delegation made by the Minister of Conservation under this section may be made to the holder or holders for the time being of a specified office or class of office.
3: Subject to any general or special directions given or conditions attached by the Minister of Conservation of Conservation or officer or employee of the Department of Conservation
4: Where the Director-General of Conservation any officer or employee of the Department of Conservation of Conservation of Conservation of Conservation or officer or employee of the Department of Conservation
5: Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister of Conservation
6: Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Minister of Conservation of Conservation of Conservation or officer or employee of the Department of Conservation the State Sector Act 1988 1955 No 44 s 11 Section 11(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(2) amended 1 July 1987 Forest and Rural Fires Amendment Act 1987 Section 11(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(2A) inserted 1 July 1987 Forest and Rural Fires Amendment Act Section 11(3) amended 1 July 1987 Forest and Rural Fires Amendment Act Section 11(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(4) amended 1 July 1987 Forest and Rural Fires Amendment Act 1987 Section 11(4) amended 1 July 1987 Forest and Rural Fires Amendment Act 1987 Section 11(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(5) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(6) amended 1 April 1988 section 90(a) State Sector Act 1988 Section 11(6) amended 1 July 1987 Forest and Rural Fires Amendment Act 1987 Section 11(6) amended 1 April 1987 section 65(1) Conservation Act 1987
11A: Fire safety margins
1: The Minister of Conservation must carry out fire control measures within a fire safety margin attached to a State area.
2: For the purposes of subsection (1)
a: the Minister of Conservation—
i: has the powers, duties, and immunities of a Fire Authority; and
ii: must carry out the duties of a Fire Authority as if—
A: the fire safety margin were a part of a State area; and
B: the Minister were the Fire Authority for the State area; and
b: the officers and employees of the Director-General of Conservation—
i: have the powers, duties, and immunities of the officers and employees of a Fire Authority; and
ii: must carry out the duties of the officers and employees of a Fire Authority within the fire safety margin. Section 11A inserted 17 May 2005 section 4 Forest and Rural Fires Amendment Act 2005
11B: Exclusion of land from fire safety margin
1: The National Rural Fire Authority may, by notice in the Gazette
a: any land forming part of the fire safety margin; or
b: all the land forming the fire safety margin.
2: Section 4 Section 11B inserted 17 May 2005 section 4 Forest and Rural Fires Amendment Act 2005
12: Duties of Fire Authorities
1: Every Fire Authority must promote and carry out fire control measures in its district.
1A: Every Fire Authority must comply with the standards set by the National Rural Fire Authority under section 14A(2)﻿(k)
2: Any Fire Authority may, in its discretion, promote and carry out such fire control measures as it thinks fit in any area or place adjoining its district in which there is no Fire Authority, and for that purpose it may do any thing which it could do if it were the Fire Authority for that area or place.
3: Subject to the prior approval of the National Rural Fire Authority Gazette
4: A Fire Authority must keep and maintain a current fire plan for its district.
4A: A fire plan must contain the prescribed information.
4B: A fire plan must be available for public inspection, free of charge, at the office of the Fire Authority during ordinary office hours.
4C: Failure to comply with subsection (4) does not invalidate any fire control measure promoted or carried out by the Fire Authority.
5: Notwithstanding any provision or rule of law to the contrary, the carrying out by any Fire Authority of any fire control measure shall not in any proceedings be called into question by reason only that it has not been exercised, approved, or authorised in writing or under seal. 1955 No 44 s 12 Section 12(1) substituted 17 May 2005 section 6(1) Forest and Rural Fires Amendment Act 2005 Section 12(1A) inserted 17 May 2005 section 6(1) Forest and Rural Fires Amendment Act 2005 Section 12(3) amended 1 January 1991 section 9(1) Forest and Rural Fires Amendment Act 1990 Section 12(4) substituted 17 May 2005 section 6(2) Forest and Rural Fires Amendment Act 2005 Section 12(4A) inserted 17 May 2005 section 6(2) Forest and Rural Fires Amendment Act 2005 Section 12(4B) inserted 17 May 2005 section 6(2) Forest and Rural Fires Amendment Act 2005 Section 12(4C) inserted 17 May 2005 section 6(2) Forest and Rural Fires Amendment Act 2005
13: Fire Officers and other employees
1: In each district other than a State area the Fire Authority shall appoint 1 or more suitable persons as a Rural Fire Officer or as Rural Fire Officers. Where there are 2 or more Rural Fire Officers 1 shall be appointed as Principal Rural Fire Officer.
2: The Fire Authority for each district other than a State area may appoint or employ all such other officers and employees as it deems necessary for the purposes of this Act.
3: For each State area the Minister of Conservation may—
a: appoint 1 or more suitable persons as a Rural Fire Officer or Rural Fire Officers:
b: appoint 1 Rural Fire Officer as Principal Rural Fire Officer.
3A: Every warranted officer appointed under section 59(1)
3B: Where no Principal Rural Fire Officer has been appointed for a State area,—
a: any Rural Fire Officer appointed for that area under subsection (3)﻿(a); and
b: any warranted officer referred to in subsection (3A),— shall have all the powers of a Principal Rural Fire Officer in respect of the area.
4: Deputies of officers and employees may be appointed under this section or under section 14
5: Any Fire Authority may in its discretion allocate to its officers, employees, and servants such responsibilities as may from time to time appear to it appropriate and necessary. 1955 No 44 s 13 Section 13(3) substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 13(3A) inserted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 13(3B) inserted 2 September 1996 Forest and Rural Fires Amendment Act 1996
14: Joint, etc, exercise of statutory fire control powers
1: Any 2 or more Fire Authorities may, in such manner and on such terms as they may from time to time deem appropriate, act together in the exercise of their powers under this Act, and may, upon such terms and conditions as they agree to between themselves, jointly appoint Rural Fire Officers and such other persons as they consider necessary for that purpose.
2: The powers of any Fire Authority and of its Fire Officers under and in the enforcement of this Act and any regulations made thereunder, and the powers of any Minister of the Crown or other person under any other Act or regulation, or any rule or bylaw, or any instrument, in respect of fire control may, in accordance with and to the extent of such agreements or arrangements as may be entered into from time to time, be exercised by any Fire Authority and its Fire Officers, or by any agent, representative, or nominee of such Minister or other person: provided that this section shall not preclude any Fire Officer from exercising the powers conferred on him by section 20(2) section 21 provided also that where any fire has spread or may spread into or from any district, the Fire Authority for that district may exercise or continue to exercise outside of its district, in respect of that fire, all fire control measures it considers necessary pending their being taken over by another Authority or other person having due jurisdiction; and the first-mentioned Authority shall to that extent be deemed to have acted as agent under this section for that other Authority or person.
3: Any dispute or difference in respect of any terms, conditions, agreements, or arrangements made or sought pursuant to this section for the exercise of fire control powers provided by this Act shall on application by any party thereto be decided in the public interest by a Rural Fire Mediator
4: The exercise of any power purporting to have been conferred pursuant to this section shall not be questioned or avoided on the grounds solely that such power was not conferred or exercised by writing or under seal: provided that this subsection shall not apply to any levy under any of sections 45 46 46A 48
5:
5A:
5B:
6: All agreements and arrangements heretofore made that would have been valid if made under this section are hereby validated and confirmed as if they had been made after this section came into force. 1955 No 44 s 14 Section 14(3) amended 1 January 1991 section 10(1) Forest and Rural Fires Amendment Act 1990 Section 14(4) proviso amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 14(4) proviso amended 1 July 1986 section 18(a) Fire Service Amendment Act 1986 Section 14(5) repealed 17 May 2005 section 7 Forest and Rural Fires Amendment Act 2005 Section 14(5A) repealed 17 May 2005 section 7 Forest and Rural Fires Amendment Act 2005 Section 14(5B) repealed 17 May 2005 section 7 Forest and Rural Fires Amendment Act 2005
15: Supply of apparatus and firefighting services
1: Any Fire Authority may arrange with the New Zealand Fire Service Commission, or with the Crown, or with any employer of an industrial fire brigade that the services of the whole or any part or parts of any specified brigade or brigades or apparatus shall be available in such circumstances and upon such terms and conditions as shall be agreed upon for fire control, and subsection (2) of section 16
2: Where the Chief Fire Officer of any Fire District constituted under the Fire Service Act 1975 of Conservation any officer or employee of the Department of Conservation provided that the Chief Fire Officer shall not be required to make available members of the brigade who are, and apparatus which is, essential for urgent local requirements.
3: Payment for the use of apparatus and for the services of brigadesmen shall be made on such basis as may be agreed upon, or, in default of agreement, as may be prescribed by the National Rural Fire Authority 1955 No 44 s 15 Section 15(2) amended 1 July 1987 Forest and Rural Fires Amendment Act 1987 Section 15(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 15(3) amended 1 January 1991 section 11 Forest and Rural Fires Amendment Act 1990
16: Mutual arrangements for fire control measures
1: Any Fire Authority or any Minister of the Crown or other person having powers, rights, or duties in respect of any property, whether as owner or otherwise, may from time to time enter into, vary, and carry into effect any contracts, agreements, or arrangements for the purpose of fire control, with such provisions as the parties thereto consider necessary or expedient for such purpose.
2: Notwithstanding any provision or rule of law to the contrary, any contract, agreement, or arrangement made pursuant to subsection (1) shall, to the extent that it is in other respects valid and enforceable, be enforceable at law notwithstanding that it is not evidenced by writing, or not under seal.
3: All contracts, agreements, and arrangements heretofore made that would have been valid if made under this section are hereby validated and confirmed as if they had been made after this section came into force. 1955 No 44 s 16
17: Forest areas
1: Subject to this Act, the Fire Authority for the district in which any area of continuous forest land is wholly or principally situate may, on application by any eligible landholder in respect of that land, declare it to be a forest area for the purposes of this Act, on such conditions, including any appropriate provision for a fire safety margin, as may be prescribed by this Act or by the Fire Authority.
2: Every Fire Authority shall keep in accordance with the requirements of the National Rural Fire Authority
3: Before declaring any land to be a forest area the Fire Authority shall be satisfied that—
a: the land is sufficiently described and comprises not less than 20 hectares of forest; and
b: the forest (including planting and felling intended during the period of 12 months following the date of application) on the land is in the nature of a fire hazard requiring continuous protection equivalent to a restricted season; and
c: any proposed fire safety margin is sufficiently described and is essential for fire control and does not at any point exceed a distance of 1 kilometre
d: the applicant has arranged adequate fire protection; and
e: where an exterior fire exposure exists, no exotic trees are planted within 10 metres of the external boundary of the area, or within such greater distance as the Fire Authority may reasonably require; and
f: all reasonable objections to the application or to any part thereof received by the date specified in the notices referred to in paragraphs (b) and (c) of subsection (4) have been duly taken into account; and
g: suitable arrangements regarding fire control have been made with all other Fire Authorities and with the New Zealand Fire Service Commission, in respect of any part or parts of the proposed forest area or fire safety margin thereof that may be situate within their jurisdiction.
4: Every application for registration as a forest area shall be in the prescribed form and shall be accompanied by—
a: a plan sufficiently describing the proposed forest area and any proposed fire safety margin; and
b: a declaration in the prescribed form that the applicant is an eligible landholder and that every other landholder (whether eligible or not) in respect of that area or of any part thereof whose written assent to the application does not form part of or accompany the application has been given written notice in the prescribed form of the intention to apply; and
c: a copy of a notice in the prescribed form, advertised by the applicant twice at least (at intervals of not less than 1 week or more than 2 weeks) in a newspaper circulating in the locality in which the proposed forest area and any proposed fire safety margin are to be situated, during a period expiring not less than 1 month nor more than 2 months before the application is sent to the Fire Authority; and
d: any prescribed fee; and
e: any other prescribed requirements.
5: The notices referred to in paragraphs (b) and (c) of subsection (4) may be identical and shall—
a: sufficiently describe the proposed forest area and any proposed fire safety margin; and
b: state where copies of the plan and intended application may be inspected; and
c: set out in the prescribed form the effect of declaring a forest area, including the requirements set out in subsection (7); and
d: state that all objections to the application or to any part thereof must be received by the Fire Authority by a closing date not less than 1 month after the date on which the notice is first advertised, that closing date to be stated in each advertisement.
6: Copies of the application, plan, and notice referred to in subsection (4) shall, in accordance with the notice, be made available by the applicant for public inspection during reasonable hours at a convenient place.
7: Every eligible landholder for the time being and from time to time who, being in control and occupation of all or any part of a forest area, intends that the rights and duties pertaining to that area and, where appropriate, to any adjacent fire safety margin, are to apply for the ensuing period of 12 months from 31 August in any year, at his own expense and to the extent of that control or occupation shall—
a: be responsible for fire protection, subject to any directions by the Fire Authority; and
b: provide warning signs in respect of firelighting restrictions, to the approval of the Fire Authority; and
c: during that month of August,—
i: cause a notice of his intention, in the prescribed form, containing information corresponding to that set out in paragraphs (a), (b), and (c) of subsection (5), to be advertised twice at least (at intervals of not less than 1 week) in a newspaper circulating in the locality; and
ii: cause a copy of the same notice to be sent or delivered to every landholder in occupation of land situated within that margin and to every other landholder in respect of the forest area or part thereof, and to the Fire Authority: provided that any eligible landholder in respect of the forest area or of any part thereof may on behalf of all or any other such eligible landholders fulfil the requirements of this subsection.
8: In the event of the failure, without good cause approved or confirmed by the Fire Authority, of the eligible landholder or eligible landholders of a forest area to perform any of the duties or responsibilities required under subsection (7), the registration of that forest area shall be deemed suspended until such failure has been remedied to the satisfaction of the Fire Authority.
9: A Fire Authority may at any time and from time to time for good and sufficient reason given—
a: suspend, amend, or cancel the registration or conditions of all or any part of any forest area or fire safety margin thereof, but shall not thereby be precluded from lifting or again imposing any suspension of, making any further amendment of, or renewing in the same or amended form, any such registration or conditions; or
b: waive, or allow rectification of, any procedural requirement provided for in this section, if it is reasonably satisfied that the interests of persons other than the person in default are not thereby prejudiced.
10: Every registration of a forest shall lapse after a period of 5 years from the initial approval thereof, and at further intervals of 5 years, unless registration is renewed to the approval of the Fire Authority by the same procedures, or as nearly thereto as possible, as are required for the declaration of a forest area.
11: Any dispute or difference in respect of any decision, condition, requirement, or obligation made or arising in respect of any forest area or of any proposed forest area shall be decided in the public interest by a Rural Fire Mediator Section 17(2) amended 1 January 1991 section 12(1) Forest and Rural Fires Amendment Act 1990 Section 17(3)﻿(c) amended 1 December 1989 section 4 Forest and Rural Fires Amendment Act 1989 Section 17(11) amended 1 January 1991 section 12(2) Forest and Rural Fires Amendment Act 1990
2: Fire control operations
Fire prediction and fire control measures
18: Obligations of Rural Fire Authorities and National Rural Fire Authority in respect of fire control measures
1: It shall be the responsibility of every Rural Fire Authority in respect of its area and in the interests of public safety to take appropriate fire control measures, including, in particular,—
a: the observation of weather and other conditions, and the assessment of fire hazard:
b: the giving of warnings of the imminence of fire hazard conditions:
c: the giving of any information available in relation to fire hazard conditions.
2: It shall be a function of the National Rural Fire Authority to encourage and promote effective fire control measures. Section 18 substituted 1 January 1991 section 13(1) Forest and Rural Fires Amendment Act 1990
19: Fire control measures
1: Except where otherwise specified by this Act or by the terms of the measure, any fire control measure requiring to be notified in any manner—
a: may as expedient be published in the affected locality by notice in a newspaper, broadcast, announced by loud hailer or other public speaking system, communicated by notice board or personal message, or given in any other effective manner approved or confirmed by the National Rural Fire Officer
b: shall, where it relates to the acts of a specified person, be issued to and in the name of that person, and may in other cases be issued in general form.
2: Except where otherwise provided by this Act or by the terms of the measure, every fire control measure requiring, authorising, directing, ordering, permitting, restricting, or prohibiting any act or omission—
a: shall come into force immediately it is approved, made or given:
b: shall remain in force until it lapses or expires or is cancelled or revoked:
c: shall take effect according to its tenor notwithstanding any current open season in any district or part of a district:
d: may relate to or be limited to any sufficiently described area, structure, or property, or to any specified time or period of time of day or night, or be expressed to continue indefinitely:
e: may from time to time be amended, cancelled, or revoked, whether by a similar measure or otherwise:
f: shall be subject to such conditions as may be prescribed by any Act, regulation, or bylaw, and may contain such further conditions as the Fire Authority, Fire Officer, or other issuing, approving, or consenting person considers to be in the public interest for the purposes of fire control.
3: Every fire control measure carried out in respect of any land, structure, or vegetation shall have regard to any relevant national or regional policy statements, regional or district plans, or regulations made under the Resource Management Act 1991 Section 19(1)﻿(a) amended 1 January 1991 section 14 Forest and Rural Fires Amendment Act 1990 Section 19(3) substituted 1 October 1991 section 362 Resource Management Act 1991 Control of lighting of fires in open air
20: Prohibition of fires during extreme fire hazard
1: On any specified day or days in respect of which the National Rural Fire Officer
2: On any specified day or days in respect of which a Fire Officer has, by notice, given a warning to any person of the occurrence or likelihood of the occurrence of weather or other conditions that may present an extreme fire hazard whereby life and property may be endangered by the outbreak or spreading of fires in any specified area, whether in a district or not, that person shall not in that area light any fire in the open air or cause or permit any such fire to be lighted notwithstanding any other enactment.
3: Every person commits an offence against this Act who, during the currency of any such warning, and without the authority of a special permit issued pursuant to section 24 1955 No 44 s 18 Section 20(1) amended 1 January 1991 section 15 Forest and Rural Fires Amendment Act 1990 Section 20(1) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986
21: Prohibition of certain operations during periods of extreme fire hazard
1: When weather or other conditions arise that, in the opinion of a Fire Officer for any district, present an extreme fire hazard whereby life and property may be endangered by the outbreak or spreading of fires in, into, or from that district, his Principal Fire Officer or the Fire Officer (with the approval or confirmation of his Principal Fire Officer) may issue, or cause to be issued, by broadcast or other effective means, an order by way of fire control measure in respect of such area as may be specified in the order, whether within that district or not, in the public interest, and notwithstanding any other enactment—
a: prohibiting the lighting of fires in the open air; and
b: except in respect of essential services where adequate precautions against the outbreak or spread of fire are taken, prohibiting in whole or in part the carrying on or continuation of any pursuits, operations, occupations, or other activities, whether commercial, domestic, recreational, educational, or otherwise howsoever, that he considers may cause a fire to start in, or to spread in, into, or from the district, or directing that they may be carried on or continued only subject to such conditions and restrictions as the Principal Fire Officer may impose, approve or confirm; and
c: where considered necessary by the Principal Fire Officer, directing that no person other than a person residing or working therein shall enter the whole or any specified part of the area except for the purposes or otherwise as determined and every person who, without the authority of a special permit issued pursuant to section 24
2: Where there is no Fire Authority for the whole or any part of any area to be affected by an order under this section, during the period that an order so issued by a Principal Fire Officer or by a Fire Officer remains in force, the Fire Authority for the district to which that Fire Officer belongs shall be deemed the Fire Authority for that area or part and every Fire Officer for that district shall be deemed a Fire Officer for that area or part.
3: In any case where by reason of an order under this section persons are required to cease their usual work and their employers are unable to find other employment for them the Fire Authority may, if it thinks fit and subject to such conditions as it may impose, make a contribution towards the wages of those men. Where the Fire Authority is the Minister of Conservation 1955 No 44 s 20 Section 21(1)﻿(c) amended 1 January 1991 section 16 Forest and Rural Fires Amendment Act 1990 Section 21(3) amended 1 April 1987 section 65(1) Conservation Act 1987
22: Restricted or prohibited fire seasons
1: The National Rural Fire Authority may, by notice in the Gazette Gazette
2: In addition to any fire season or seasons that may be specified under subsection (1) for a rural fire district, any Fire Authority may, by notice published in a newspaper circulating in the locality to which the notice relates, specify any restricted or prohibited fire season or seasons in its district or in any specified part or parts of its district, and may in like manner at any time and from time to time cancel or vary any such season or seasons. 1955 No 55 s 19 Section 22(1) substituted 1 January 1991 section 17 Forest and Rural Fires Amendment Act 1990
23: Permits required to light fires in open air
1: Every person commits an offence against this Act who sets on fire, or assists to set on fire, or causes or permits to be set on fire, or aids, abets or assists in setting on fire, in the open air, any vegetation or any other combustible material whatsoever, except—
a: in the case of an open season,—
i: within any State area, pursuant to an authority or permit from a Fire Officer for that area:
ii: within a forest area, the fire safety margin of a forest area, or a specially protected site (not being an area, margin, or site within a State area), pursuant to an authority or permit from a Fire Officer for the district:
iii: within all other areas (including the fire safety margin attached to section 20 section 21
b: in the case of a restricted season,—
i: within any State area or the fire safety margin attached to
ii: within all other areas, pursuant to an authority or permit from a Fire Officer for the district:
c: in the case of a prohibited season and, notwithstanding paragraphs (a) and (b), in any area in respect of which a warning under section 20 section 21 section 24
2: Every permit or authority for any specified person to do any act for which a permit or authority is required under this section—
a: shall at the time of issue be recorded in writing in the prescribed form (if any), and shall thereupon become effective; and a copy thereof shall be immediately handed to, or as soon as possible transmitted to, that person; and
b: may in addition to such writing be communicated to such person by any convenient means, oral or otherwise, to enable him to act upon it as soon as possible: provided that in the event of any dispute or doubt the writing so recorded shall prevail in the absence of conclusive evidence otherwise; and
c: shall be evidenced by such person, within a reasonable time after he is required to do so by a constable
3: Every permit, special permit, authority, approval, consent, or other fire control measure (hereinafter in this section referred to as a permit
a: no fire shall be lit while a strong wind is blowing or when conditions are such that the fire is likely to spread beyond the limits of the land or other property in respect of which the permit was issued:
b: except in the case of a special permit under section 24
i: the permit shall be deemed suspended during such time as any warning under section 20 section 21
ii: the permittee shall, immediately before lighting the fire, reasonably confirm that no such warning or order is currently in force:
c: nothing in this section or in any such permit shall be deemed to relieve any person from liability for any actionable damage sustained by any other person in consequence of any act, matter or thing done by the first-mentioned person under any such permit as aforesaid, or to impose upon any Fire Officer or Fire Authority
4: Any Fire Officer or Fire Authority 1955 No 44 s 21 Section 23(1)﻿(a) substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 23(1)﻿(a)﻿(iii) amended 17 May 2005 section 5(1)﻿(a) Forest and Rural Fires Amendment Act 2005 Section 23(1)﻿(b) substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 23(1)﻿(b)﻿(i) amended 17 May 2005 section 5(1)﻿(b) Forest and Rural Fires Amendment Act 2005 Section 23(2)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 23(3)﻿(c) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 23(4) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996
24: Special permits when lighting of fires in open air prohibited
1: Notwithstanding sections 20 21 23
a: section 20(1) section 21(1)﻿(a)
b: during a prohibited fire season, where weather or other conditions have so temporarily reduced the fire hazard as to make it apparently safe to light the fire.
2: Every such special permit shall be issued subject to provision for supervision on behalf of the Fire Authority and to any other appropriate special conditions for fire control in the public interest. Section 24(1)﻿(a) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Control of spread of fire to State areas, forest areas, and specially protected property
25: Spread of fires to State areas, forest areas, and specially protected property
1: Every person commits an offence against this Act who, at any time,—
a: negligently causes or permits any fire to spread to any State area, forest area, or specially protected property if—
i: any vegetation or other property is thereby burnt or injured; or
ii: the stability, structure, quality, or fertility of the soil is thereby injuriously affected; or
b: leaves, without having taken due precaution against its spreading or causing injury to any State or forest area, or any specially protected property, any fire lit or kindled by him or the lighting or kindling of which he has aided or abetted or assisted.
2: In any proceedings in respect of any offence under this section or any of sections 20 21 23 26
a: as to a national park attached to a State area Director-General of Conservation
b:
c: as to any forest area (including the fire safety margin thereof) or specially protected property in any district (not being in a national park shall be conclusive proof of that status, unless the defendant proves to the contrary, and all plans, maps, certificates, and copies certified as true by the Director-General of Conservation
3: Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable under this section, pay the value of the damage to the national park 1955 No 44 s 22 Section 25(2) amended 1 July 1987 Forest and Rural Fires Amendment 1987 Section 25(2) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Section 25(2)﻿(a) amended 17 May 2005 section 5(2) Forest and Rural Fires Amendment Act 2005 Section 25(2)﻿(a) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 25(2)﻿(a) amended 1 July 1987 Forest and Rural Fires Amendment 1987 Section 25(2)﻿(b) repealed 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Section 25(2)﻿(c) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 25(3) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Miscellaneous precautions against outbreaks of fire
26: Offence to leave burning or smouldering substance
Every person commits an offence against this Act who at any time, other than in the course of employment in essential services or engagement in land development or preparation with lawful authority, having wilfully or negligently thrown, propelled, left, or dropped or caused to be thrown, propelled, left, or dropped any lighted, burning, or smouldering substance in the open air—
a: on any land in a district; or
b: on any land (not being in a district) in respect of which there is an agreement or arrangement pursuant to section 9(b) section 14(2)
c: on any land in respect of which a warning under section 20 section 21 so as to cause a fire hazard in vegetation, fails to take all reasonable steps to extinguish that substance or any ensuing fire, whether or not there is an immediate danger of its causing damage, or, if he finds that he is unable to extinguish the substance or fire, fails to notify immediately the nearest available Fire Officer of the fire and to continue, so far as possible, to endeavour to control and extinguish the substance or fire until it is brought under control or until he obtains the consent of the Fire Officer to desist. 1955 No 44 s 23
27: Fire Authority may require firebreaks to be made or cleared
1: The Fire Authority of any district may at any time, by notice in writing signed on its behalf by a Fire Officer, require any eligible landholder of any land within the district on which exotic trees are allowed to grow for the purpose of producing timber—
a: to make and clear, within the time and in the manner specified in the notice, such firebreaks on the land or (with the consent of the landholder in occupation of such other land, or of the owner if there is no such occupation) on any other land, and in such positions, as the Fire Officer considers necessary for the purpose of fire control:
b: to remove from any firebreak or other part of the land on which no trees are standing, within the time specified in the notice, such vegetation or other material of whatsoever kind as in the opinion of the Fire Officer should be removed for the purpose of fire control.
2: The Fire Authority of any district may at any time, by notice in writing signed on its behalf by a Fire Officer, require the owner of any land in the district which is subdivided into allotments for the purposes of sale or for building purposes either before or after the passing of this Act, or which has an area of less than 1 hectare, to remove at his own cost from that land such vegetation or other material of whatsoever kind as in the opinion of the Fire Authority should be removed for the purpose of fire control.
3: Every eligible landholder of every exotic forest shall, so far as is reasonably practicable, provide and maintain at least 2 safe alternative through-routes whereby persons engaged in any forest or industrial operation may escape from the operation in the event of fire in the forest. If any such landholder fails to provide and maintain such routes as aforesaid to the satisfaction of the Fire Authority for the district, a Fire Officer may by notice in writing require that landholder, within such time as may be specified in the notice, to do such work to provide and maintain the routes as may be specified in the notice.
4: The Minister of Conservation conservation areas 1955 No 44 s 24 Section 27(4) amended 1 April 1987 section 65(1) Conservation Act 1987
28: Appeal from notice to make firebreak or escape route or remove combustible material
1: Within 14 days after any notice is given under section 27 National Rural Fire Officer
2: Pending the decision of the mediator the notice shall be deemed suspended. 1955 No 44 s 25 Section 28(1) amended 1 January 1991 section 18 Forest and Rural Fires Amendment Act 1990
29: Power of Fire Authority on default of owner
1: If any eligible landholder or owner to whom a notice is given under section 27
2: All money reasonably expended by a Fire Authority under this section, including all costs as defined in section 41 Statutory Land Charges Registration Act 1928
3: Every charge on land created by this section shall, save as hereinafter provided, have priority over all existing mortgages, charges, and encumbrances howsoever created, including mortgages, charges, and encumbrances in favour of the Crown. Notwithstanding anything in any other enactment, if any land subject to a charge created by this Act is also subject to a charge created by that other enactment, the charges shall rank equally with each other unless by virtue of that other enactment the charge created thereby would be deferred to the charge created by this section.
4: The exercise by the Fire Authority of the powers conferred by this section shall not relieve any person from liability to any penalty for failure to comply with the requirements of any notice under this Act. 1955 No 44 s 26
30: Regulations may require maintenance of firefighting equipment by rural fire committees
1: In any notice in the Gazette section 67 National Rural Fire Authority
2: Any such regulations as aforesaid may require the committee to submit to the National Rural Fire Authority 1955 No 44 s 27 Section 30(1) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 30(1) amended 1 January 1991 section 19(a) Forest and Rural Fires Amendment Act 1990 Section 30(2) amended 1 January 1991 section 19(b) Forest and Rural Fires Amendment Act 1990
31: Restriction on operation of spark-hazardous engines
Every person commits an offence against this Act who, without the consent in writing of a Fire Officer for the district, at, on, in, or alongside—
a: any rural fire district, State area, forest area, or fire safety margin; or
b: any area subject for the time being to a restricted or prohibited fire season, or to a warning under section 20 section 21
c: any specially protected property— operates any helicopter unless its exhaust is protected from contact with vegetation, or operates any locomotive engine, motor vehicle, tractor, traction engine, portable engine, or stationary engine, or any other steam or internal combustion engine whatsoever, whether on a public road or otherwise, which is not, to the approval of a Fire Officer, provided with safe and efficient means for preventing the escape of dangerous sparks or flame from funnel or exhaust and for preventing the escape of live coals or fire from ashpan or firebox or the escape of petrol or other flammable substance (including fumes) from any appliance or container: provided that nothing in this section shall have any application to milking machine plants, shearing plants, or irrigation or other water pumping plants, or farm vehicles, appliances, or engines, used in the ordinary course of farming operations in the vicinity of farm buildings or yards. 1955 No 44 s 28
32: Restriction on entry into exotic forests, etc
Where fire hazard conditions exist, any Fire Authority may at any time and from time to time by way of fire control measure exclude all or any persons or class or classes of persons from entering into any exotic forest (including any land reserved under Part 4A Section 32 amended 10 April 1990 section 37 Conservation Law Reform Act 1990
33: Maintenance of apparatus by persons cutting timber
1: The Principal Rural Fire Officer of any district may, from time to time, by notice in writing, require that any person who is felling trees for any commercial or industrial purpose or who is producing timber in a sawmill in that district shall provide and maintain in effective working order such apparatus and observe such other requirements as may be specified by the Principal Rural Fire Officer for the purpose of fire control among the standing trees or the debris of the tree felling operations or the refuse from the sawmilling operations.
2: Any person who is dissatisfied with any requirements of the Principal Rural Fire Officer National Rural Fire Officer
3: Pending the decision of the mediator the notice shall be deemed suspended.
4: Every person who fails or refuses to comply with such requirements of the Principal Rural Fire Officer 1955 No 44 s 29 Section 33(1) substituted 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Section 33(2) amended 1 January 1991 section 20 Forest and Rural Fires Amendment Act 1990 Section 33(2) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Section 33(4) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986
34: Duties of licensees, etc, of State areas
1: Unless otherwise expressly provided therein, it shall be an implied condition in every licence, lease, permit, right, or authority for conducting on any State area any operation that is likely to present a fire hazard, that the holder thereof shall take all such measures as may be necessary to prevent the occurrence or spread of any fire and provide equipment that is suitable and adequate for the purpose of fighting fires and for securing the safety of lives from fire in the area, and shall place that equipment in localities and upon sites where it will be readily accessible and convenient for use, and shall provide such structures and do all such things as may be necessary for the protection of the equipment, and shall maintain the equipment in good order and condition and ensure that it is readily accessible and convenient for use at all times.
2: Every person who fails or refuses to comply with the requirements of subsection (1) commits an offence against this Act. 1955 No 44 s 30 Fire suppression
35: Duty of persons in vicinity to endeavour to extinguish fires
1: Any person not being engaged in essential services where adequate precautions against the outbreak or spread of fire are taken who becomes aware of a fire burning unattended in the open air—
a: in or within the fire safety margin attached to a
b: in any part of any district during a restricted or prohibited fire season, or while a warning under section 20 section 21 shall immediately cease the work or other activity on which he is engaged or employed and shall do everything reasonably within his power to extinguish the fire, whether or not there is an immediate danger of its causing damage; and if he finds that he is unable to extinguish the fire he shall immediately notify the nearest available Fire Officer of the outbreak, and shall then continue so far as possible to endeavour to control and extinguish the fire until it is brought under control or until he obtains the approval of a Fire Officer to desist.
2: Where a fire breaks out on any State area in respect of which any person holds a licence, lease, permit, right, or authority, or within 1.5 km of that area, or along or within 0.5 km of such portion of any route regularly traversed in the course of operations in connection with that area as is on or within 1.5 km of any State area, that person and his servants, agents, and employees, if they discover or become aware of the outbreak of fire while they are in that area or on that portion of that route or within 8 km of the boundary of that area or of any part of that portion of that route, shall immediately cease the work or other activity on which they are engaged or employed and shall do everything reasonably within their power to extinguish the fire, whether or not there is an immediate danger of its causing damage; and if they find that they are unable to extinguish the fire they shall forthwith cause the nearest available Fire Officer to be notified of the outbreak and shall then continue so far as possible to endeavour to control and extinguish the fire until it is brought under control or until they obtain the approval of a Fire Officer to desist.
3: Where a fire is burning on land within 1.5 km of any State area, and the fire is in danger of spreading to that area, or where any fire which is not lighted in accordance with a written permit of a Fire Officer is burning in the open air on any other land in any other district during a restricted or prohibited fire season or while a warning under section 20 section 21
4: Every person who fails or refuses to comply with the foregoing requirements of this section commits an offence against this Act.
5: Remuneration or exemption for persons acting in pursuance of this section shall be in accordance with any regulations made in respect of section 38 1955 No 44 s 31 Section 35(1)﻿(a) amended 17 May 2005 section 5(3) Forest and Rural Fires Amendment Act 2005
36: Powers of Principal Fire Officers or Rural Fire Officers at fires
1: For the purposes of fire control upon the outbreak of fire the Principal Fire Officer or Rural Fire Officer
a: he shall, upon being advised of the existence of a fire, proceed, or , if a Principal Fire Officer, may
b: he shall have the control and direction of any brigade present at the fire and of any persons who voluntarily place their services at his disposal and of any persons (not being engaged in essential services) whose services he requires under the provisions hereinafter contained: provided that, while under any such direction any brigade officer is serving in connection with any building that is on fire, the senior brigade officer so serving shall have the control and direction of any such brigade that is, and of any such persons who are, for the time being directed by the said Principal Fire Officer or Rural Fire Officer
c: he, and any person acting under his control and direction and with his authority, may enter upon any land, house, building, or premises and, if necessary, break open any outer or inner doors of any house or building which may be on fire or in the near neighbourhood of any fire for the purpose of taking any steps which he deems necessary:
d: he may take or give directions for taking any apparatus required to be used at a fire into, through, or upon any land, house, building, or premises which he considers convenient for the purpose:
e: he may take any measures which in the circumstances are reasonable and which appear to him to be necessary or expedient, and, in particular, but without prejudice to the generality of the foregoing and, subject to section 40
f: subject to the overall requirements of the Controller under the Civil Defence Emergency Management Act 2002
g: he may cause any street, road, private road, right of way, or thoroughfare in the vicinity of any fire or likely to be affected by the fire or by any firefighting operations to be closed for traffic during the continuance of the fire:
h: he may shut off or disconnect, or order any person having control thereof to shut off or disconnect, the supply of gas or electricity to any building which is on fire or which is in the vicinity of any fire:
i: he may order to withdraw, and (in the event of a failure or refusal to withdraw) remove or direct any Fire Officer or any member of any fire brigade present at the fire to remove, any persons who interfere by their presence or otherwise with the firefighting operations or who are on or in any land, building, or premises then burning or threatened by fire, unless they have a pecuniary interest therein or in any goods or valuables whatsoever thereon:
j: he may, at the time of the fire or afterwards, pull down or shore up any wall or building which is in his opinion so damaged by fire as to be or to be likely to become dangerous to life or property, and the expense of any such operation shall be borne by the owner of the building, and shall be paid by him to the Fire Authority.
2: The person who is appointed as a deputy of a Principal Fire Officer under subsection (1)﻿(a) shall be a Fire Officer or a brigade officer or a person who (in the opinion of the Principal Fire Officer) is otherwise competent in the circumstances to exercise the powers and perform the duties of a Principal Fire Officer under this section.
3: While a deputy of a Principal Fire Officer is acting in the place of a Principal Fire Officer under subsection (1)﻿(a), the deputy shall have all the powers and duties conferred and imposed on the Principal Fire Officer by this section.
4: Every person commits an offence against this Act who resists, deceives, harasses, or knowingly obstructs any Principal Fire Officer or Rural Fire Officer or Rural Fire Officer 1955 No 44 s 32 Section 36 heading substituted 1 December 1989 section 5 Forest and Rural Fires Amendment Act 1989 Section 36(1) amended 1 December 1989 section 5(1) Forest and Rural Fires Amendment Act 1989 Section 36(1)﻿(a) amended 1 December 1989 section 5(2) Forest and Rural Fires Amendment Act 1989 Section 36(1)﻿(b) proviso amended 1 December 1989 section 5(1) Forest and Rural Fires Amendment Act 1989 Section 36(1)﻿(f) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 36(4) amended 1 December 1989 section 5(1) Forest and Rural Fires Amendment Act 1989
37: Police to assist Fire Officers
Every constable 1955 No 44 s 33 Section 37 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
38: Requisition by Fire Officer of assistance to extinguish fires
1: In the event of a fire occurring in any rural fire district, a Fire Officer may require any fit person over the age of 18 years residing or working within the rural fire district or within 8 km of the boundary thereof to assist in extinguishing the fire.
2: In any case where a fire occurs in a territorial section 21
3: In any case where a fire occurs in a territorial section 21
4: In the event of a fire occurring on or within 1.5 km of any State area, a Fire Officer for the area may require any fit person over the age of 18 years residing or working on or within 8 km of the boundary of any State area on which the fire is burning or to which it is likely to spread to assist in extinguishing the fire.
5: In exercising any power under this section, the Fire Officer shall not be able to compel any member of a brigade to render any assistance except in accordance with a scheme approved by the New Zealand Fire Service Commission; and shall leave available a sufficient number of men to protect other property.
6: All persons, other than members of a voluntary rural firefighting organisation, who, having voluntarily placed their services at the disposal of the Fire Officer and by arrangement made with him at the time of the fire or in response to a requirement pursuant to this section, render assistance under the control and direction of the Fire Officer, shall be entitled to be remunerated by the Fire Authority by which the Fire Officer is employed under such circumstances, at such rate, and subject to such conditions as may be prescribed by the National Rural Fire Authority the Accident Compensation Act 2001 Conservation
7: The exemptions, terms, and conditions on or subject to which persons whose services are required under this section or who otherwise assist in firefighting operations shall serve the Fire Authority shall be as prescribed from time to time by regulations made under this Act
8: Every person not being engaged in essential services where adequate precautions against the outbreak or spread of fire are taken who without sufficient cause, the proof whereof shall lie on him, fails to comply immediately with the request of a Fire Officer under this section commits an offence against this Act. 1955 No 44 s 34 Section 38(2) amended 1 January 1991 section 21(a) Forest and Rural Fires Amendment Act 1990 Section 38(3) amended 1 January 1991 section 21(a) Forest and Rural Fires Amendment Act 1990 Section 38(6) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 38(6) amended 1 January 1991 section 21(b) Forest and Rural Fires Amendment Act 1990 Section 38(6) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 38(7) amended 1 January 1991 section 21(c) Forest and Rural Fires Amendment Act 1990
39: Regional fire emergency
1: Where, in the opinion of the National Rural Fire Officer,—
a: weather or other conditions exist which present an extreme fire hazard whereby life and property may be endangered by spreading vegetation fires; or
b: any vegetation fires have spread or appear to the National Rural Fire Officer to be likely to spread beyond the district of a single Fire Authority,— a regional fire emergency exists and, in the public interest, the National Rural Fire Officer may, for the duration of the emergency and for the purposes of this Act, take charge or appoint a Principal Rural Fire Officer or other appropriate Fire Officer or other appropriate person
2: The National Rural Fire Officer shall notify the Fire Authority of each district affected of the name of the person taking charge under this section in relation to a regional fire emergency.
3: In any case where the National Rural Fire Officer has, under this section, taken charge or appointed a person to take charge of any area, that person shall have, in respect of that area, all the powers, authorities, and immunities of a Principal Rural Fire Officer under this Act as if the whole of that area were a Rural Fire District and all the provisions of this Act shall, with any necessary modification, apply accordingly.
4: Fire Officers and other officers of the Fire Authority district affected shall be subject to the authority of any person appointed under subsection (1) and shall carry out all instructions given by that person or on that person's behalf. Section 39 substituted 1 January 1991 section 22(1) Forest and Rural Fires Amendment Act 1990 Section 39(1) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996
40: Backburning
1: Notwithstanding the foregoing provisions of this Act, every person commits an offence against this Act who in any district sets fire to any vegetation by way of backburn except, or Rural Fire Officer section 36(1)﻿(a)
2: If, pursuant to subsection (1), or Rural Fire Officer section 39 of Conservation provided that nothing in this subsection shall apply in respect of any loss or damage to property the amount whereof is recoverable under any policy of insurance.
3: This section shall not preclude the lighting of a burnout. 1955 No 44 s 36 Section 40(1) amended 1 December 1989 section 6(1) Forest and Rural Fires Amendment Act 1989 Section 40(1) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Section 40(2) amended 1 December 1989 section 6(2) Forest and Rural Fires Amendment Act 1989 Section 40(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 40(2) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986
3: Fire control finance
41: Liability for costs
In this Act the term costs
a: charges for the use of any apparatus at usual hire or supply rates; and
b: salaries, wages, and other remuneration (including overtime or penal rates, bonuses, food, clothing, and other usual supplies and provisions appropriate to the work) of all officers, servants, and employees of the Fire Authority— for the time they are required for or engaged on the work.
42: Charge for use of another fire brigade
1: In this section fire brigade
2: Subject to the terms and conditions of any agreement or arrangement made pursuant to any of sections 9 14 15 16
a: where a fire brigade of a Fire Authority attends a fire in the district of another Fire Authority, the costs may be met by the latter Fire Authority:
b: where a fire brigade of a Fire Authority attends a fire within the jurisdiction of the New Zealand Fire Service Commission, the costs may be met by the Commission:
c: where a fire brigade of the New Zealand Fire Service Commission attends a fire in the district of a Fire Authority, the costs may be met by the Fire Authority.
43: Recovery from person responsible for fire
1: Where any property has wholly or partially been destroyed or damaged by or safeguarded from an outbreak or threat of outbreak of fire, and responsibility for the outbreak is acknowledged by, or is established by action or otherwise as caused by, any person—
a: the costs of control, restriction, suppression or extinction of the fire may be recovered from that person by the Fire Authority or the New Zealand Fire Service Commission or the eligible landholder or eligible landholders of the forest area affected, as the case may be, incurring those costs pursuant to fire control measures under this Act; and
b: any loss in, or diminution of, value of that property, and any consequential loss or damage not too remote in law, may be recovered from that person by the owner of the property.
1A:
2: The amount of the costs so recoverable may be wholly or partially established by agreement, or by a Rural Fire Mediator, or by proceedings under section 48(4)
3: This section shall be deemed to be supplementary to and not in substitution for any other rights of recovery that may exist in law or by enactment or otherwise howsoever.
4: Before imposing any levy under section 46 or section 46A Section 43(1A) repealed 1 January 2008 section 365(4)﻿(b) Property Law Act 2007 Section 43(4) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 43(4) amended 1 July 1986 section 18(b) Fire Service Amendment Act 1986
44: Estimate of proposed expenditure
Every Fire Authority of a rural fire district shall periodically cause an estimate to be prepared of its proposed expenditure for the next ensuing period. Any deficiency at the end of any period shall be carried forward into and be regarded as expenditure for the next period. Any surplus shall be allowed for in assessing the requirements of the next period. 1955 No 44 s 37
45: Provisions for meeting ordinary requirements of the Fire Authority of a rural fire district
1: Where a Fire Authority of any rural fire district requires any amount to meet its expenditure for any period of not less than 12 months as provided for in any such estimate, or to meet any special expenditure which is not being met under section 46
a: the whole or any portion of the amount may be met by all or any of the persons on whom a levy could be imposed under this section, as they mutually agree:
b: failing any such agreement, or so far as any such agreement does not extend, the Fire Authority may from time to time under this section—
i: impose a levy on all or any of the landholders in the district in respect of the land upon which is situate the property (if any) for the protection of which the district has been constituted, or, where no such property is stated by notice in the Gazette
ii: determine the proportion of any such levy which is to be met by the persons on whom it is so imposed.
2: No such levy shall be imposed in respect of any land used for residential or farming purposes, or any buildings or chattels situated on such land, unless the land is in a district which is wholly or substantially occupied for farming purposes.
3: No such levy shall be imposed in respect of—
a: any land formally retired from pastoral use under a Soil and Water Conservation Plan, and not used for production forestry:
b: any land subject to a conservation covenant pursuant to section 77 section 27
c: any land subject to a Nga Whenua Rahui kawenata pursuant to section 77A section 27A
d: any land declared to be protected private land under section 76
e: any land held under an open space covenant pursuant to section 22 sections 20(2)﻿(i) 21(2)﻿(a)
4: In determining the persons on whom such levy is to be imposed and the proportions in which it is to be met by those persons, the Fire Authority shall have regard to the following matters:
a: the benefit likely to be derived from the operations of the Fire Authority:
b: the risks of a fire occurring on the land or spreading on to that land or from that land to adjacent land:
c: the extent to which steps have been taken by or on behalf of any person upon whom a levy may be imposed under this section to reduce the risk of fire occurring on that land or spreading on to or from that land:
d: such other circumstances of whatsoever nature as the Fire Authority considers relevant.
5: The Fire Authority may from time to time when it considers that any relevant circumstances may have changed, and shall, not later than 5 years after it last made an award determining proportions under this section, reconsider the proportions fixed previously and make a new award determining proportions. 1955 No 44 s 38 Section 45(1)﻿(b)﻿(i) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 45(2) substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 45(3) substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996
46: Levy for costs of firefighting in districts other than State areas
1: In any case where a Fire Authority for a district (other than a State area)
a: the whole or any portion of those costs may be met by all or any of the persons on whom a levy could be imposed under this section, as they mutually agree:
b: failing any such agreement, or so far as any such agreement does not extend, the Fire Authority may, for the purpose of recovering the whole or any part of those costs, in accordance with this section impose a levy for such sum or sums as it may specify on all or any of the following persons—
i: any landholder in respect of any land in the district:
ii: any owner, lessee, licensee, possessor, or occupier of any property which was in the district at the time of the fire and was menaced by the fire.
2: No such levy shall be imposed in respect of any land used for residential or farming purposes, or any buildings or chattels situated on such land, unless the land is in a district which is wholly or substantially occupied for farming purposes.
3: No such levy shall be imposed in respect of—
a: any land formally retired from pastoral use under a Soil and Water Conservation Plan, and not used for production forestry:
b: any land subject to a conservation covenant pursuant to section 77 section 27
c: any land subject to a Nga Whenua Rahui kawenata pursuant to section 77A section 27A
d: any land declared to be protected private land under section 76
e: any land held under an open space covenant pursuant to section 22 sections 20(2)﻿(i) 21(2)﻿(a)
4: In determining whether a levy is to be imposed under this section and the amount of any such levy, the Fire Authority shall have regard to the following matters:
a: the value of the property which has been saved and for the protection of which the firefighting operations were to any extent directed:
b: the extent of the assistance in connection with the firefighting operations rendered by or on behalf of any person upon whom the Fire Authority may be entitled to impose the levy:
c: the extent of any loss suffered by any such person as a result of the firefighting operations:
d: such other circumstances as the Fire Authority considers relevant.
5: In assessing the amount of the costs so incurred the Fire Authority may take into account the salaries and wages of its officers and servants during any period outside their normal hours of work while they were engaged in the control and suppression of the fire and in work arising from the fire. 1955 No 44 s 39 Section 46(1) amended 1 January 1991 section 23(1) Forest and Rural Fires Amendment Act 1990 Section 46(2) substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 46(3) substituted 2 September 1996 Forest and Rural Fires Amendment Act 1996
46A: Levy for costs of firefighting in fire safety margins
attached to
1: Where the Fire Authority for a State area has incurred any costs of and incidental to firefighting operations directed towards the control, restriction, suppression, or extinction of a fire originating within any part of a commercial or semi-commercial forest area that is situated within the fire safety margin attached to the State
a: the whole or any portion of those costs may be met by all or any of the persons on whom a levy could be imposed under this section, as they mutually agree:
b: failing any such agreement, or so far as any such agreement does not extend, the Fire Authority may, for the purpose of recovering the whole or any part of those costs, in accordance with this section impose a levy for such sum or sums as it may specify on all or any of the following persons:
i: any landholder in respect of any land situated in the fire safety margin attached to the State
ii: any owner, lessee, licensee, possessor, or occupier of any property which was in the fire safety margin at the time of the fire and was menaced by the fire.
2: No such levy shall be imposed in respect of any land used for residential or farming purposes, or any buildings or chattels situated on such land, unless the land is in a district which is wholly or substantially occupied for farming purposes.
3: No such levy shall be imposed in respect of—
a: any land formally retired from pastoral use under a Soil and Water Conservation Plan, and not used for production forestry:
b: any land subject to a conservation covenant pursuant to section 77 section 27
c: any land subject to a Nga Whenua Rahui kawenata pursuant to section 77A section 27A
d: any land declared to be protected private land under section 76
e: any land held under an open space covenant pursuant to section 22 sections 20(2)﻿(i) 21(2)﻿(a)
4: In determining whether a levy is to be imposed under this section and the amount of any such levy, the Fire Authority shall have regard to the following matters:
a: the value of the property which has been saved and for the protection of which the firefighting operations were to any extent directed:
b: the extent of the assistance in connection with the firefighting operations rendered by or on behalf of any person upon whom the Fire Authority may be entitled to impose the levy:
c: the extent of any loss suffered by any such person as a result of the firefighting operations:
d: such other circumstances as the Fire Authority considers relevant.
5: In assessing the amount of the costs so incurred the Fire Authority may take into account the salaries and wages of its officers and servants during any period outside their normal hours of work while they were engaged in the control and suppression of the fire and in work arising from the fire. Section 46A inserted 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 46A heading amended 17 May 2005 section 5(4) Forest and Rural Fires Amendment Act 2005 Section 46A(1) amended 17 May 2005 section 5(5) Forest and Rural Fires Amendment Act 2005 Section 46A(1)﻿(b)﻿(i) amended 17 May 2005 section 5(5) Forest and Rural Fires Amendment Act 2005
47: Levy for costs of firefighting in State areas
Section 47 repealed 1 July 1986 section 18(d) Fire Service Amendment Act 1986
48: Imposition of levies, and recovery of levies and other money
1: Any levy imposed under section 45 section 46 or section 46A
2: Notice of every levy made under section 45 section 46 or section 46A
3: In every case where a levy has been imposed upon the Crown under section 45 section 46 or section 46A
4: All money payable to or by any person or Fire Authority under this Act and all legal or other costs allowed on any appeal under this Act may be recovered as a debt in any court of competent jurisdiction. 1955 No 44 s 41 Section 48(1) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 48(2) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 48(3) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996
49: Appeals against levies and determinations
1: Any person—
a: upon whom a levy is imposed under section 45 section 46 or section 46A
b: may at any time within 1 month after notice of the levy or determination has been given to him, request the National Rural Fire Officer
2: Pending the decision of the mediator the levy or determination in question shall be deemed to be suspended. 1955 No 44 s 42 1963 No 31 s 31(6) Section 49(1) amended 1 January 1991 section 24 Forest and Rural Fires Amendment Act 1990 Section 49(1)﻿(a) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 49(1)﻿(b) repealed 1 July 1986 section 18(e) Fire Service Amendment Act 1986
50: Expenditure by territorial authorities
Section 50 repealed 1 July 2003 section 262 Local Government Act 2002
51: Payment of fire control costs following regional fire emergency
1: In any case where the National Rural Fire Officer takes charge or has appointed any Fire Officer or other person section 39
2: Where the point of origin of a fire in respect of which emergency costs have been apportioned under subsection (1) is such that a grant may be payable under section 46B section 46B of the Fire Service Act 1975
3: If any Fire Authority makes default in the payment of any money as required under this section, the amount thereof shall be recoverable from the Fire Authority in any court of competent jurisdiction or, if the Fire Authority is a local authority, may be deducted from any money payable out of public money to that local authority.
4: The amount of the costs apportioned to each Fire Authority shall for the purposes of the foregoing provisions of this Act be deemed to be costs incurred by the Fire Authority in the control and suppression of a fire. Section 51 substituted 1 January 1991 section 25(1) Forest and Rural Fires Amendment Act 1990 Section 51(1) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996
52: Appeal against apportionment of firefighting costs in regional fire emergency
1: If a Fire Authority is dissatisfied with the apportionment by the National Rural Fire Officer pursuant to section 51 section 59
2: Pending the decision of the person appointed under section 59 Section 52 substituted 1 January 1991 section 26 Forest and Rural Fires Amendment Act 1990
53: Right of recovery in certain cases
1: The costs incurred by a Fire Authority or apportioned to a Fire Authority under this Act in relation to the control, restriction, suppression, or extinction of any fire shall be deemed to be loss suffered as a result of the fire, and, if the circumstances relating to the origin of the fire or the spread thereof are such that any person who suffers loss as a result of the fire has a right of action for damages in respect of that loss against any other person, then the Fire Authority or any owner or other landholder on whom any portion of those costs are levied pursuant to this Act shall have a right of action for damages against that other person for the amount of the costs or the portion thereof levied as aforesaid.
2: If any person makes default in the payment of any money payable by him to a Fire Authority under this Act, the amount thereof shall be recoverable from that person as a debt due to the Fire Authority. 1954 No 44 s 46
54: Fire Authority may borrow money
1:
2:
3: The amount required to repay any money borrowed to provide for any such expenditure or costs and the interest on the money shall be met as if that amount were required to meet the expenditure or costs, and this Act shall apply accordingly: provided that the amount may be raised by a levy imposed under this Act at any time before or after the money is borrowed. 1955 No 44 s 47 Section 54(1) amended 1 July 1998 section 16(1) Local Government Amendment Act (No 3) 1996 Section 54(1) amended 1 January 1991 section 27 Forest and Rural Fires Amendment Act 1990 Section 54(2) repealed 1 July 1998 section 16(1) Local Government Amendment Act (No 3) 1996
4: General provisions
55: Damage in firefighting to be damage by fire within meaning of fire policy
Where damage to property is caused by provided that where any fire or suspected fire is earthquake fire within the meaning of the Earthquake and War Damage Act 1944 1955 No 44 s 51 Section 55 amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986
56: Saving of Fire Authorities and Fire Officers, etc, from liability in certain cases
1: No action or proceedings shall be brought against the Crown or the National Rural Fire Authority or any Fire Authority or any officer, servant, or employee of any of them, or against any brigade or officer, servant, employee, or member of a brigade, or any person whatsoever, to recover damages for any damage to property occasioned by an officer, servant, or employee of the Crown or of the National Rural Fire Authority or of a Fire Authority, or any officer, servant, employee, or member of a fire brigade, or any other person in the performance in good faith of his or her functions or duties or the exercise in good faith of his or her 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 Crown, or the National Rural Fire Authority, or any Fire Authority, or any officer, servant, or employee of any of them, or against any brigade or officer, servant, employee, or member of a brigade for their failure or neglect to make, or their negligence in making, adequate provision for the fire control, it shall be a defence to show—
a: that the provisions made were in accordance with—
i: a fire plan approved by the Crown or by the Fire Authority; or
ii: an operational instruction issued pursuant to section 27A
iii:
b: that the officers, servants, members, or employees had complied with all relevant requirements and instructions of the Crown or the National Commander or the National Rural Fire Officer Section 56 substituted 1 January 1991 section 28 Forest and Rural Fires Amendment Act 1990 Section 56(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 56(2)﻿(a)﻿(iii) repealed 17 May 2005 section 12 Fire Service Amendment Act 2005 Section 56(2)﻿(b) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996
57: No action against Fire Authority for failure to provide against fire
1: No action or proceedings shall be brought against the Crown or the National Rural Fire Authority or any Fire Authority or any officer, servant, or employee of any of them to recover damages for any loss or damage due to the failure or neglect of the Crown or the National Rural Fire Authority or the Fire Authority to make, or their negligence in making, adequate provision in good faith for fire control.
1A: Subsection (1) applies despite section 121
2: No member of a Fire Authority shall be personally liable for any act done or omitted by the Fire Authority or any member thereof in good faith in pursuance or intended pursuance of the powers and authority of the Fire Authority. Section 57 substituted 1 January 1991 section 28 Forest and Rural Fires Amendment Act 1990 Section 57(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004
58: Inspections for purposes of Act
Every Fire Officer shall, in any area in respect of which he exercises his functions and duties, have free access at all reasonable times to any area, building, land, premises, or property, and to any part thereof, for the purpose of ascertaining if any danger of fire or of the spreading of fire exists therein or thereon, and of ascertaining whether the requirements of this Act and of any orders, directions, and requirements given or imposed thereunder are being properly and efficiently observed and performed with respect to the area, building, land, premises, and property; but, except where fire hazard conditions exist, he shall give to any occupier of any private dwellinghouse at least 24 hours' notice of intention to act under this section and shall reasonably endeavour to give all other occupiers such notice. 1955 No 44 s 54
59: Inquiries as to fires
1: The Minister may, at the request of the National Rural Fire Authority or the National Commander, or of any Fire Authority or of his or her 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 in any district, whether it occurred before or after the commencement of this Act, and any 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 such case the Fire Authority may, pending the holding of the inquiry as to that fire, take and retain possession of any property damaged, or the remains of any property destroyed, by the fire.
4: At any such inquiry the Fire Authority may be represented by a member thereof, or by a Fire Officer of the Fire Authority, or by any other person authorised by the Fire Authority, who may adduce evidence and examine and cross-examine witnesses. 1955 No 44 s 55 1963 No 31 s 10 Section 59(1) substituted 1 January 1991 section 29 Forest and Rural Fires Amendment Act 1990
60: Measures by local authorities and public bodies to remove certain fire hazards
Any local authority or other public body which owns or controls any land on which any vegetation is growing may, in its discretion, subject to the provisions of any other Act, do all or any of the following things:
a: take measures, on land which it owns or (with the consent of the landholder in occupation or the owner if there is no such occupation) on any other land either within or beyond its jurisdiction, to avoid or remove or reduce fire hazards which may endanger the vegetation:
b: enter into contracts, agreements, or arrangements, whether under section 14 section 16
c: expend money for any such purpose as aforesaid. 1955 No 44 s 56
60A: Imposition of annual levy on Fire Authorities
Section 60A repealed 1 January 1991 section 30(1) Forest and Rural Fires Amendment Act 1990
60B: Rate of levy
Section 60B repealed 1 January 1991 section 30(1) Forest and Rural Fires Amendment Act 1990
60C: Recovery of amount of levy
Section 60C repealed 1 January 1991 section 30(1) Forest and Rural Fires Amendment Act 1990
60D: Failure to supply return
Section 60D repealed 1 January 1991 section 30(1) Forest and Rural Fires Amendment Act 1990
60E: Penalty for late payment
Section 60E repealed 1 January 1991 section 30(1) Forest and Rural Fires Amendment Act 1990
60F: Amount of goods and services tax included
Section 60F repealed 1 January 1991 section 30(1) Forest and Rural Fires Amendment Act 1990
61: Offences
1: Every person commits an offence against this Act who—
a: wilfully acts in contravention of or fails to comply with any fire control measure lawfully issued or required by or under authority of a Fire Authority or Fire Officer , or the National Rural Fire Officer or any person appointed under section 39
b: wilfully gives or causes to be given, or attempts to give or cause to be given, to any Fire Officer any false alarm of fire:
c: resists, obstructs, hinders, or deceives the National Rural Fire Officer
d: wilfully removes, defaces, obscures, or otherwise renders ineffective or inoperative any forest gate, or any notice board, placard, indicator, or other warning or precautionary sign set up for the purpose of fire control:
e: wilfully prevents, obstructs, interferes with, impairs, or otherwise renders inoperative or less effectual any apparatus or any other fire control measure:
f: fails without reasonable excuse to provide any information or deliver any return as and when required by the National Rural Fire Officer
g: provides any information or makes any return pursuant to this Act which to that person's knowledge is false in any material particular.
2: Every person who commits an offence against section 20 section 21
a: in the case of an individual, to imprisonment for a period not exceeding 6 months, or to a fine not exceeding $2,000; and, if the offence is a continuing one, to a further fine not exceeding $200 for every day during which the offence continues:
b: in the case of a body corporate, to a fine not exceeding $10,000, and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day during which the offence continues.
3: Every person who commits an offence against any of sections 23 25 26 40
a: in the case of an individual, to imprisonment for a period not exceeding 2 months, or to a fine not exceeding $1,500; and, if the offence is a continuing one, to a further fine not exceeding $150 for every day during which the offence continues:
b: in the case of a body corporate, to a fine not exceeding $7,500, and, if the offence is a continuing one, to a further fine not exceeding $750 for every day during which the offence continues.
4: 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
a: in the case of an individual, to imprisonment for a period not exceeding 1 month, or to a fine not exceeding $400, or to both such imprisonment and such fine; and, if the offence is a continuing one, to a further fine not exceeding $40 for every day during which the offence continues:
b: in the case of a body corporate, to a fine not exceeding $2,000, and, if the offence is a continuing one, to a further fine not exceeding $200 for every day during which the offence continues.
5: Every person who is convicted of any offence against this Act shall be liable for any costs, loss, damage or expense that is incurred or suffered by any Fire Authority and is caused by the act constituting the offence in addition to the penalty for the offence, and the amount payable in respect of that liability may, on application to the court by the prosecutor
6: Where any money is recovered under section 58 of the National Parks Act 1952 section 105
7:
8: Proceedings against any person who, outside of a district, lights a fire in the open air without a special permit under section 24 section 20(1) 1955 No 44 s 57 Section 61(1)﻿(a) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 61(1)﻿(c) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 61(1)﻿(c) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Section 61(1)﻿(f) added 1 December 1989 section 8 Forest and Rural Fires Amendment Act 1989 Section 61(1)﻿(f) amended 2 September 1996 Forest and Rural Fires Amendment Act 1996 Section 61(1)﻿(g) added 1 December 1989 section 8 Forest and Rural Fires Amendment Act 1989 Section 61(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(6) amended 1 April 1978 section 125(1) Reserves Act 1977 Section 61(7) repealed 1 April 1987 section 32(1) State-Owned Enterprises Act 1986
62: Time within which charging document must be filed
Despite anything to the contrary in section 25 Section 62 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
63: Notices
1: The National Rural Fire Officer or any public notice
2: The National Rural Fire Officer or any
3: Except where otherwise specially provided, any notice required to be given to any person for the purposes of this Act may be given in writing or orally or by telephone, telegraph, or any other means of communication, and if in writing may be given by causing it to be delivered to that person or to be left at his usual or last known place of abode or business or to be posted in a letter addressed to him at that place of abode or business.
4: If any such notice is sent to any person by registered letter it shall be deemed to have been delivered to him when it would have been delivered in the ordinary course of post, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.
5: Any notice required to be given to any person for the purposes of this Act shall be sufficient if it purports to be given by a person authorised to give it and is authenticated by the signature or name of that person. 1955 No 44 s 59 Section 63(1) amended 1 January 1991 section 31(1) Forest and Rural Fires Amendment Act 1990 Section 63(2) amended 1 January 1991 section 31(1) Forest and Rural Fires Amendment Act 1990
64: Panel of persons who may be appointed as Rural Fire Mediators
1: The Minister shall maintain a panel of persons who may be appointed under section 64A
2: Every person on the panel shall be a person with special skill or knowledge in rural fire control matters.
3: The Minister shall publish from time to time in the Gazette
4: A person shall be removed from the panel if—
a: the person dies or is, under the Insolvency Act 2006
b: the Minister directs that the person be removed from the panel for inability to perform the functions of the office
c: a period of 5 years has elapsed since the date on which the Minister last approved the inclusion of that person on the panel; or
d: the person requests by writing addressed to the Minister that he or she be removed from the panel. Section 64 substituted 1 January 1991 section 32(1) Forest and Rural Fires Amendment Act 1990 Section 64(4)﻿(a) amended 3 December 2007 section 445 Insolvency Act 2006 Section 64(4)﻿(b) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
64A: Rural Fire Mediators
1: The National Rural Fire Officer may, for the purposes of this Act, from time to time appoint as a Rural Fire Mediator any person who is on the panel maintained under section 64
2: A Rural Fire Mediator appointed under this section shall be appointed to investigate and determine such matters in relation to rural fire control as are specified in the instruction by which that Rural Fire Mediator is appointed.
3: A Rural Fire Mediator shall, within the scope of his or her jurisdiction, be deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908 sections 11 12
4: In his or her investigation a Rural Fire Mediator may make such inquiries and follow such procedures, whether formal or informal, as he or she considers fair and reasonable and likely to facilitate disposal of the matter in question; and may obtain such expert assistance as he or she requires; and may receive in evidence any statement, document, information, or matter that he or she considers may assist the Rural Fire Mediator to deal effectively with that matter, whether or not the same would be admissible in a court of law.
5: Subject to this section, the procedure of a Rural Fire Mediator shall be such as the Rural Fire Mediator thinks fit.
6: Subject to section 65
7: The National Rural Fire Authority may pay to any Rural Fire Mediator remuneration by way of fees, salary, or allowances and travelling expenses and allowances in accordance with the Fees and Travelling Allowances Act 1951 Section 64A inserted 1 January 1991 section 32(1) Forest and Rural Fires Amendment Act 1990
65: Appeals from decision of Rural Fire Mediator
1: Any party to any dispute, difference, doubt, or other uncertainty who is dissatisfied with a decision of a mediator pursuant to section 64 section 45 or section 46 to the District Court District Court Judge
2: All appeals to a court under this section shall be by way of originating application in accordance with the rules of the court.
3: The court may, if good and sufficient grounds are shown to it, waive any failure to set out the grounds of the appeal on such terms and conditions as the court thinks fit.
4: The court may confirm, vary, or reverse the decision of the mediator.
5: The decision of the court shall be final and conclusive. Section 65(1) amended 1 March 2017 section 261 District Court Act 2016 Section 65(1) amended 1 July 1986 section 18(g) Fire Service Amendment Act 1986 Section 65(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
66: Annual report
The New Zealand Fire Service Commission shall, in its annual report under section 150
a: on its duties as the National Rural Fire Authority; and
b: on the duties of the National Rural Fire Officer both under this Act and under the Fire Service Act 1975 Section 66 substituted 1 January 1991 section 33 Forest and Rural Fires Amendment Act 1990 Section 66 amended 25 January 2005 section 200 Crown Entities Act 2004
67: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for any purpose for which regulations are contemplated by this Act, and may make all such other regulations as may be necessary or expedient for giving effect to this Act and for the due administration thereof: provided that where no such regulations have been made, and in cases where any such regulations do not apply, the National Rural Fire Authority
2: Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:
a: prescribing measures to be taken and the apparatus and fire patrols to be provided and maintained by sawmillers and other persons engaged in industrial operations in any district for the purposes of fire control:
b: prescribing forms and particulars of signs to be used for particular purposes, and requiring the use of such forms or the display of such signs:
c: prescribing penalties, not exceeding those which may be imposed under section 61(2)
d: prescribing in respect of all Fire Authorities or any Fire Authority such functions and powers and such other provisions, not inconsistent with this Act, as may be necessary or expedient for giving effect to the provisions of this Act, and for the due administration thereof:
e: prescribing or authorising measures to be taken in respect of entry into and use of areas of vegetation or any other fire control measures:
f: establishing, equipping, servicing, training, and remunerating fire control forces such as volunteer bush fire fighters and airwork operators:
g: prescribing the content of fire plans:
h: prescribing the conduct and regulation of investigations made by Rural Fire Mediators under this Act:
i: prescribing or providing for rules governing the functions and operations of rural fire committees including the power to carry out fire control measures, where persons or interests affected are, or are represented on, a committee.
j:
3: Any regulations under this Act may apply generally in respect of all districts or all industrial operations or may apply only in respect of specified districts or industrial operations or classes of districts or industrial operations. 1955 No 44 s 60 Section 67(1) proviso amended 1 January 1991 section 34 Forest and Rural Fires Amendment Act 1990 Section 67(2)﻿(g) substituted 17 May 2005 section 9 Forest and Rural Fires Amendment Act 2005 Section 67(2)﻿(j) repealed 1 December 1989 section 7(2) Forest and Rural Fires Amendment Act 1989
68: Reserve powers of Minister
Section 68 repealed 1 January 1991 section 35 Forest and Rural Fires Amendment Act 1990
69: Consequential amendments
1: Amendment(s) incorporated in the Act(s)
2:
3:
4: Amendment(s) incorporated in the Act(s) Section 69(2) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Section 69(3) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979
70: Repeals
The following enactments are hereby repealed:
a: the Forest and Rural Fires Act 1955
b: Amendment(s) incorporated in the Act(s)
c: the Forest and Rural Fires Amendment Act 1962
d: the Forest and Rural Fires Amendment Act 1963
e: Amendment(s) incorporated in the Act(s)