Fire and Emergency New Zealand Act 2017

1: Title
This Act is the Fire and Emergency New Zealand Act 2017.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: sections 3 to 6
b: clause 1
c: clause 5
d: clauses 17 19 20
e: clauses 21 22
f: clauses 23 to 32
g: clauses 45 to 51
2: Sections 75 to 79
3: To the extent that a provision specified in subsection (2) is not previously brought into force under that subsection, that provision comes into force on 1 July 2018
4: The following provisions come into force on 1 July 2018
a: sections 65 to 68
b: section 200
c: clause 39
5: Sections 80 to 140
6:
7: The rest of this Act comes into force on 1 July 2017
8: An order under subsection (2) or (5) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(5) replaced 6 April 2023 section 4(1) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 2(6) repealed 6 April 2023 section 4(2) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 2(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Fire and Emergency New Zealand
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: reform the law relating to fire services, including by strengthening the role of communities and improving the support for volunteers in the provision of fire services, and, to that end,—
i: to unify Fire Services by establishing Fire and Emergency New Zealand ( FENZ
ii: to provide for FENZ’s objectives, functions, and operating principles; and
iii: to provide for FENZ’s powers; and
iv: to provide for a levy-based system to fund FENZ; and
b: provide for local advisory committees to influence and advise FENZ; and
c: improve support for volunteers and enable them to communicate directly with FENZ; and
d: provide new offences and penalties to improve fire safety.
4: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
5: Act binds the Crown
1: This Act binds the Crown.
2: However, except as expressly provided in this Act, nothing in this Act applies to—
a: any defence area; or
b: any defence fire brigade; or
c: any member of the New Zealand Defence Force within any defence area.
3: Despite subsection (2), an agreement made under this Act may expressly provide for the Act to apply to any area, brigade, or person listed in that subsection. 1975 No 42 s 2A s 3
2: Interpretation
6: Interpretation
In this Act, unless the context otherwise requires,— authorised person
a: the person is authorised to perform or exercise the function, duty, or power under section 23
b: the person is delegated the performance or exercise of the function, duty, or power under section 24 board building sections 8 9 by-product Chief of Defence Force section 8 code of practice for firefighting water supplies
a: that is approved by the Minister under section 72
b: that relates to firefighting water supplies, including standards of water supply and access to, and volume and pressure of, water supply contract of fire insurance section 81(1) contractor
a: means a person engaged by FENZ under a contract for services; and
b: includes a subcontractor to a person described in paragraph (a) who is engaged to assist with the performance of those services Crown
a: means the Sovereign in right of New Zealand; and
b: includes all Ministers of the Crown and all departments; but
c: does not include—
i: an Office of Parliament; or
ii: a Crown entity; or
iii: a State enterprise named in Schedule 1
iv: an organisation named in Schedule 4
v: a company; or
vi: a mixed ownership model company; or
vii: an entity named or described in Schedule 6 defence area section 2(1) defence fire brigade Defence Act 1990 designated services
a: FENZ must deliver under section 11
b: FENZ delivers under section 12 emergency
a: a fire (including an alarm of fire); and
b: a hazardous substance emergency; and
c: a state of emergency declared under the Civil Defence Emergency Management Act 2002
d: any other substance emergency; and
e: an incident attended by emergency services (including the New Zealand Police, FENZ, and hospital and health services) EPA section 7 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 that are 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 New Zealand:
e: for the preservation of property at immediate risk of destruction or damage FENZ personnel personnel
a: employees:
b: volunteers:
c: contractors FENZ volunteer volunteer
a: means a person who carries out work for FENZ, in a volunteer capacity in relation to the functions of FENZ, and with the knowledge and consent of FENZ; but
b: does not include any person carrying out work for FENZ under a contract of employment or under a contract for services Fire and Emergency New Zealand FENZ section 8 fire as a land management tool
a: land clearance purposes:
b: disease control purposes in agricultural or horticultural industries:
c: any other prescribed purpose fire control
a: preventing, detecting, controlling, and putting out fire:
b: protecting persons and property from fire fire control measure fire in open air
a: a fireplace that is located in a building or structure and that complies with any relevant requirement of the Building Act 2004
b: a place or thing, or a type of place or thing, that is—
i: prescribed by regulations made under section 187
ii: authorised by FENZ fire plan section 22 fire risk conditions firebreak firefighting firefighting water supplies
a: means water supplies—
i: that may be used for firefighting purposes; and
ii: to which the code of practice for firefighting water supplies applies; and
b: includes water from—
i: any reticulated water supply, waterworks, or fixed bulk water supply systems; and
ii: any reservoir, dam, water race, or tank water supply systems hazardous substance
a: any hazardous substance as defined in section 2(1)
b: any infectious or radioactive substance that may harm human, animal, or plant health hazardous substance agency
a: WorkSafe:
b: the EPA:
c: the New Zealand Transport Agency:
d: the New Zealand Police:
e: the Civil Aviation Authority:
f: Maritime New Zealand:
g: the Ministry of Health:
h: territorial authorities and regional councils:
i: any other organisation with enforcement responsibilities under section 97 hazardous substance emergency home
a: means a place occupied as a dwelling house; and
b: includes any garden, yard, garage, outhouse, or other appurtenance of a home household unit section 7 industry brigade section 69 infringement fee infringement offence local advisory committee section 15 local area section 16 local authority section 5(1) Minister
a: the administration of this Act; and
b: the performance and exercise of the functions, duties, and powers of a responsible Minister in relation to FENZ national strategy NZ Standards Organisation section 4(1) occupier operational activity operational employee operational personnel other substance emergency owner section 5(1) property public conservation land section 144 publicly notified
a: in the Gazette
b: in 1 or more newspapers circulating in the area to which the document relates; or
c: on an Internet site; or
d: by any other means prescribed by regulations under section 187 relevant fire safety legislation
a: this Act, and secondary legislation made under this Act, and any former enactments replaced by this Act or that secondary legislation:
b: any provisions of the following Acts (or secondary legislation
i: Building Act 2004
ii: Local Government Act 2002
iii: Local Government Act 1974
iv: Hazardous Substances and New Organisms Act 1996
v: Radiation Safety Act 2016
vi: Sale and Supply of Alcohol Act 2012
vii: any former enactments replaced by any of the Acts referred to in paragraph (a) and subparagraphs (i) to (vi) of this paragraph or secondary legislation rendering safe section 7 render safe spontaneously combustible material
a: includes—
i: 1 or more of the following materials that are heaped higher than 3 m above the ground:
A: wood residues:
B: wood products:
C: hay, straw, or other plant cuttings:
D: any product composed of more than 50% of 1 or more of the materials described in subsubparagraphs (A) to (C)
ii: any material or class of material specified in regulations made under section 187
b: does not include any materials referred to in paragraph (a)﻿(i) or (ii) that are stored in a fireproof container or building constructed for the purpose of storing the materials tank water supply system
a: contain water from any source; and
b: are immovable structures vegetation
a: means any plant or the produce of any plant, whether dead or alive; and
b: includes peat and fossil fuels lying on, or within 20 metres below, the surface of any land; but
c: does not include processed wood or any structure volunteer capacity water race section 5(1) waterworks section 5(1) WorkSafe section 5 1977 No 52 s 2 Section 6 contract of fire insurance replaced 6 April 2023 section 5 Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 6 relevant fire safety legislation replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6 relevant fire safety legislation amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6 relevant fire safety legislation amended 28 October 2021 section 3 Secondary Legislation Act 2021
7: Meaning of rendering safe
In this Act, unless the context otherwise requires, rendering safe
a: in relation to a hazardous substance emergency, includes 1 or more of the following actions to minimise harm to people, property, and the environment:
i: containing the hazardous substance to stop it spreading:
ii: stabilising, neutralising, or absorbing the hazardous substance—
A: to make the substance inert; and
B: to prevent any further reactions involving the substance:
iii: treating the hazardous substance so that the substance is no longer hazardous:
iv: transferring the hazardous substance to the owner of the substance:
v: if the owner of the hazardous substance cannot readily be found, transferring the substance to—
A: another authority with the means to dispose of the substance:
B: any other person who, in the reasonable opinion of the authorised person, is technically competent to dispose of, or destroy, the substance:
vi: removing the hazardous substance from the site of the emergency for destruction, disposal, or recycling:
vii: as a matter of last resort, or if FENZ considers it to be the most appropriate course of action in the circumstances, destroying, disposing of, or recycling the hazardous substance:
b: in relation to any other substance emergency, includes 1 or more of the following actions to minimise harm to people, property, and the environment:
i: containing the substance, to stop it spreading:
ii: stabilising, neutralising, or absorbing the substance—
A: to make the substance inert; and
B: to prevent any further reactions involving the substance:
iii: transferring the substance to the owner of the substance:
iv: if the owner of the substance cannot readily be found, transferring the substance to—
A: another authority with the means to dispose of the substance:
B: any other person who, in the reasonable opinion of the authorised person, is technically competent to dispose of, or destroy, the substance:
v: removing the substance from the site of the emergency for destruction, disposal, or recycling:
vi: as a matter of last resort, or if FENZ considers it to be the most appropriate course of action in the circumstances, destroying, disposing of, or recycling the substance.
3: Fire and Emergency New Zealand and board
8: Continuation of Fire and Emergency New Zealand
1: There continues to be an organisation to be called Fire and Emergency New Zealand or FENZ.
2: FENZ is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: FENZ is the same body as the New Zealand Fire Service Commission constituted under section 4 1975 No 42 s 4(2)–(4)
9: Board of FENZ
The board of FENZ consists of not fewer than 5, and not more than 6, members. 1975 No 42 s 6
4: FENZ’s principal objectives, functions, and operating principles
Principal objectives
10: FENZ’s principal objectives
The principal objectives of FENZ are—
a: to reduce the incidence of unwanted fire and the associated risk to life and property:
b: in relation to the main functions of FENZ under section 11 section 12
i: to protect and preserve life; and
ii: to prevent or limit injury; and
iii: to prevent or limit damage to property and land; and
iv: to prevent or limit damage to the environment. 1975 No 42 s 20(2)﻿(a) Functions
11: Main functions of FENZ
1: FENZ must carry out the main functions specified in subsection (2)
2: The main functions are—
a: to promote fire safety, including providing guidance on the safe use of fire as a land management tool; and
b: to provide fire prevention, response, and suppression services; and
c: to stabilise or render safe incidents that involve hazardous substances; and
d: to provide for the safety of persons and property endangered by incidents involving hazardous substances; and
e: to rescue persons who are trapped as a result of transport accidents or other incidents; and
f: to provide urban search and rescue services; and
g: to efficiently administer this Act.
3: FENZ must also—
a: perform and exercise the functions, duties, and powers conferred or imposed on FENZ as a main function by or under this Act and any other enactment; and
b: perform any other functions conferred on FENZ as a main function by the Minister in accordance with section 112
4: Subsection (3)﻿(a) section 12 1975 No 42 s 14
12: Additional functions of FENZ
1: The functions of FENZ are also to assist in matters as provided for in subsection (3)
2: However, before performing any functions under this section, FENZ must ensure that it retains the capacity and capability to perform the functions specified in section 11
3: The matters are—
a: responding to medical emergencies; and
b: responding to maritime incidents; and
c: performing rescues, including high angle line rescues, rescues from collapsed buildings, rescues from confined spaces, rescues from unrespirable and explosive atmospheres, swift water rescues, and animal rescues; and
d: providing assistance at transport accidents (for example, crash scene cordoning and traffic control); and
e: responding to severe weather-related events, natural hazard events, and disasters; and
f: responding to incidents in which a substance other than a hazardous substance presents a risk to people, property, or the environment; and
g: promoting safe handling, labelling, signage, storage, and transportation of hazardous substances; and
h: responding to any other situation, if FENZ has the capability to assist; and
i: any other function conferred on FENZ as an additional function by the Minister in accordance with section 112
4: This section does not limit or affect the responsibilities of any other organisation in relation to the situations specified in subsection (3)
5: In this section,— exclusive economic zone section 9 maritime incident
a: the territorial sea; or
b: the exclusive economic zone; or
c: the continental shelf; or
d: the waters beyond the exclusive economic zone and above and beyond the continental shelf, but within New Zealand’s search and rescue region New Zealand’s search and rescue region offshore marine structure
a: an offshore installation that is an artificial structure used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of exploration for, or the exploitation or associated processing of, any mineral; and
b: an artificial island; and
c: a floating platform; and
d: a submarine cable; and
e: a submarine pipeline. Operating principles
13: Operating principles of FENZ
1: The board must formulate the operating principles of FENZ in accordance with this section.
2: The operating principles must—
a: be aimed at guiding FENZ; and
b: be designed to assist FENZ—
i: to carry out its functions effectively and in a co-ordinated manner; and
ii: to work co-operatively and collaboratively with other relevant organisations; and
iii: to carry out consultation with relevant stakeholders and organisations.
3: In formulating the operating principles, the board must take into account the following matters:
a: the importance of providing evidence-based, efficient, and effective services:
b: local interests and differences:
c: the importance of transparency in decision making:
d: the importance of engagement with—
i: FENZ personnel:
ii: the associations or unions that represent or advocate on behalf of FENZ personnel:
iii: local advisory committees:
iv: organisations referred to in section 12(4)
5: Local advisory committees, local planning by FENZ, and delegations by board
Local advisory committees
14: Purpose and functions of local advisory committees
1: The main purpose of local advisory committees is to provide advice, from a local perspective, to FENZ.
2: The functions of the local advisory committees are—
a: to undertake efficient and effective local engagement for the board; and
b: to provide local advice to FENZ on the national strategy, local issues, and local planning; and
c: to consider and promote the interests of the local area’s FENZ volunteers; and
d: to consider the interests of the industry brigades operating in the local area; and
e: to consider the provisions of any current operational service agreement and memorandum of understanding that FENZ has and that is relevant to a local area in relation to which the local advisory committee has responsibilities, including—
i: the operational service agreement with the Department of Conservation under section 147
ii: the operational service agreement with the New Zealand Defence Force under section 148
iii: the memorandum of understanding with the Ministry of Education under section 151
f: to provide regular advice on FENZ’s progress in relation to its local planning.
3: Each local advisory committee must, in carrying out its functions, have regard to the operating principles developed by the board under section 17
15: Local advisory committees
1: The board must establish as many local advisory committees as it considers appropriate in the manner set out in sections 16 19
2: However, the board must ensure that—
a: every area within the territorial limits of New Zealand is included in a local area; and
b: there is a local advisory committee for every local area.
16: Matters relating to setting local advisory committee boundaries
1: The board must—
a: consider the following matters when setting the boundaries of the local advisory committees:
i: the efficiency and effectiveness of designated services to operate within the local area:
ii: local risk profiles:
iii: the boundaries of other relevant organisations; and
b: endeavour to ensure that the boundaries of the local advisory committees support—
i: the efficiency and effectiveness of the local advisory committees; and
ii: the working relationship of the local advisory committees with FENZ; and
iii: the ability of the local advisory committees to represent the relevant communities.
2: The board must consult the public on the proposed boundaries of the local advisory committees.
17: Operating principles for local advisory committees
The board must develop operating principles to guide—
a: the way in which the local advisory committees operate; and
b: the interactions between the local advisory committees and FENZ.
18: Obligation of board to local advisory committees
The board must—
a: support local advisory committees to enable the committees to be efficient and effective, including by providing administrative support, resources, facilities, and relevant information to the committees; and
b: have regard to advice from local advisory committees; and
c: appoint a person representing FENZ to each local advisory committee for the purposes of—
i: advising the local advisory committee; and
ii: enabling the local advisory committee to provide informed advice to FENZ and the board.
19: Appointments to local advisory committees
For the purposes of appointing the chairperson, deputy chairperson, and members of a local advisory committee, the board must have regard to—
a: the necessary skills, knowledge, and experience relevant to FENZ’s main and additional functions specified in sections 11 12
b: relevant community and stakeholder needs within the local area; and
c: the extent to which the members are representative of the local area’s communities and stakeholders; and
d: the diversity of perspectives on each committee; and
e: the interests of industry brigades operating within the boundaries of the local advisory committee; and
f: any prescribed requirements for local advisory committees specified in regulations made under section 188
20: Certain provisions of Crown Entities Act 2004 apply to members of local advisory committees
Clause 15 clause 14 Local planning by FENZ
21: Local planning
1: FENZ must undertake, for each local area, local planning—
a: that takes into account—
i: the national strategy; and
ii: the designated services required within the local area; and
iii: the fire plan for the local area; and
iv: the advice from engagement with civil defence emergency management groups; and
v: the advice from the relevant local advisory committee; and
vi: any current operational service agreement and memorandum of understanding that FENZ has, including—
A: the operational service agreement with the Department of Conservation under section 147
B: the operational service agreement with the New Zealand Defence Force under section 148
C: the memorandum of understanding with the Ministry of Education under section 151
b: that identifies—
i: specific needs, resources, constraints, and capabilities in the local area that are relevant to FENZ’s functions; and
ii: local activities that address those needs (and do not duplicate national activities or the activities of other relevant organisations); and
c: that demonstrates how the local allocation of resources by FENZ fits in with the national plan.
2: In this section,— local activities national activities
22: FENZ must prepare and issue fire plan for each local area
FENZ must prepare and issue a fire plan for each local area, including policies and procedures for fire control. Authorised person
23: Authorised person or class of persons for purposes of this Act and regulations under this Act
1: The board may, by written notice, authorise a person or class of persons to perform or exercise a function, duty, or power under this Act and regulations made under this Act.
2: The board may only authorise a person or class of persons if it is satisfied that the person or class of persons is suitably qualified or trained to perform or exercise the function, duty, or power.
3: Any authorisation made by the board is subject to any conditions or limitations specified in the notice.
4: However, the performance or exercise of a function, duty, or power by an authorised person is not invalid merely because it does not comply with the conditions specified in the notice.
5: The board may revoke an authorisation at any time by written notice. Section 23 replaced 30 November 2022 section 44 Statutes Amendment Act 2022 Delegations by board
24: Delegation of functions, duties, and powers
1: The board may delegate any of the functions, duties, and powers of FENZ or the board, either generally or specifically, to any of the following persons by resolution and written notice to the person or persons:
a: FENZ personnel:
b: a member or members of the board:
c: a committee:
d: any other person or persons approved by the board:
e: any class of persons that comprises any of the persons listed in paragraphs (a) to (d)
f: a Crown entity subsidiary of FENZ.
2: The board may only delegate, and a delegate may only subdelegate, the performance or exercise of a function, duty, or power to a person who the board or the delegate (as the case may be) is satisfied is suitably qualified or trained to perform or exercise the function, duty, or power.
3: A delegate to whom any functions or powers of FENZ or the board are delegated may, subject to any conditions set out in the delegation,—
a: perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the person were FENZ or the board; and
b: delegate the function or power subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.
4: However, in cases of delegations made to or by persons in the private sector, a delegate may subdelegate the function or power only with the prior written consent of the board.
5: A delegation or subdelegation may be revoked at any time by written notice of the board to the delegate, or by written notice of the board or the delegate to the subdelegate (as the case may be).
6: Sections 73(1) to (3) 74(1) 76(2)
7: In this section, private sector section 5 1975 No 42 s 15 Section 24(7) amended 7 August 2020 section 135 Public Service Act 2020
6: Appointments, vacancies, and requirement to leave FENZ
Appointments and vacancies
25: Appointment to roles and ranks
1: The board may make appointments to roles, ranks, or positions in FENZ.
2: Appointees must be FENZ personnel.
3: An appointment in any role, rank, or position in FENZ may be held separately or in conjunction with any other role, rank, or position in FENZ.
4: To avoid doubt, nothing in this Act affects the ability of the board to pay gratuities to any person as—
a: an employee of FENZ; or
b: a FENZ volunteer. 1975 No 42 s 27 Section 25(2) replaced 30 November 2022 section 45 Statutes Amendment Act 2022
26: Appointments on merit
The board, in making an appointment to FENZ under this Act, must give preference to the person who is best suited to the position. 1975 No 42 s 65(1)
27: Obligation to notify vacancies
If the board intends to fill a position in FENZ that is vacant or is to become vacant, the board must, if practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position. 1975 No 42 s 65(2)
28: Obligation to notify appointments
The board must notify the FENZ personnel of every appointment (other than that of an acting, temporary, or casual employee) made by the board to a role, rank, or level of position in FENZ. 1975 No 42 s 65(3)
29: Review of appointments
1: The board must put in place for FENZ a procedure for reviewing appointments made within FENZ that are the subject of any complaint by FENZ personnel.
2: The procedure must comply with the guidelines prescribed by the Public Service Commission
3: Nothing in this section relates to an acting appointment. 1975 No 42 s 67 Section 29(2) amended 7 August 2020 section 135 Public Service Act 2020
30: Sections 26 to 29 do not apply to appointments of FENZ employees in certain circumstances
Sections 26 to 29
a: the person is a current employee of FENZ; and
b: that FENZ employee has received a notice of redundancy; and
c: before that FENZ employee’s employment has ended, the employee—
i: is offered and accepts another position in FENZ that—
A: begins before, on, or immediately after the date on which the employee’s current employment ends; and
B: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable to the employee; and
C: is on terms that treat service within FENZ as if it were continuous service; or
ii: is offered an alternative position in FENZ that—
A: begins before, on, or immediately after the date on which the employee’s current employment ends; and
B: is a position with comparable duties and responsibilities to those of the employee’s current position; and
C: is in substantially the same general locality or a locality within reasonable commuting distance; and
D: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable to the employee; and
E: is on terms that treat service within FENZ as if it were continuous service. Leaving FENZ compulsorily due to incapacity
31: Board to prescribe health standards
1: For the purpose of section 32
2: Standards prescribed may be expressed to apply to operational personnel generally, or to any particular class or description of operational personnel, whether designated by reference to roles, ranks, or levels of position or duties, or otherwise.
3: Before prescribing standards, the board must consult with the associations or unions that represent or advocate on behalf of personnel. 1975 No 42 s 72A s 72
32: Form of, and communication of, health standards
1: The board must take reasonable steps to ensure that health standards are communicated to all operational personnel.
2: A health standard is taken to have been communicated to operational personnel when the standard has been—
a: published in a magazine that is published under the authority of the board and distributed to all operational personnel; or
b: brought to the personal notice of operational personnel.
3: Any communication referred to in subsection (2)﻿(a) or (b)
a: by electronic communication (for example, by email):
b: in non-electronic form (for example, by distributing the publication in a paper-based format):
c: by distribution by any other form of technology that allows the dissemination of the material in question to operational personnel. 2008 No 72 ss 29 73
33: Board may require member of operational personnel to leave FENZ due to incapacity
1: The board may require a member of operational personnel to leave FENZ if the conditions in subsection (2)
2: The conditions are—
a: that the board is satisfied that the member of operational personnel is incapable of performing competently his or her duties and any other duties that may reasonably be required of the person; and
b: that 2 medical practitioners, or a medical practitioner and another health practitioner, nominated in each case by the board certify—
i: that the person’s incapacity is because of the person’s inability to meet any standards prescribed under section 31
ii: that the person has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or any other remedial assistance.
3: If, under this section, the board requires a member of operational personnel to leave FENZ, the board must—
a: notify the person in writing; and
b: specify in the notice the time (being not less than 1 month from the date of the notice) within which the board requires the person to leave.
4: In any case to which the conditions described in subsection (2)
5: However, in any case described in subsection (2) 1975 No 42 ss 72(1), (2) 72C(1), (2) s 74
34: When operational employee required to leave FENZ ceases to be employee
1: An operational employee who is required under section 33(1)
a: on the expiration of the time specified in the notice referred to in section 33(3)﻿(a)
b: if, the employee waives the right to notice under section 33(4)
2: Despite subsection (1)
a: the employee remains a FENZ operational employee but may be placed on unpaid leave until the action is determined or completed; but
b: if reinstatement is not ordered, the employee ceases to be a FENZ employee on the date on which written notice of the decision determining or completing the action is given to the employee. 1975 No 42 s 72C(3) s 75
35: Appeal by volunteer against requirement to leave FENZ compulsorily
1: A volunteer who is required under section 33
2: An appeal is commenced by notice of appeal delivered to the board within 14 days after the receipt of the notice referred to in section 33(3)
3: An appeal under this section is governed by the dispute resolution provisions in subpart 5
4: If a volunteer commences an appeal under this section, the board may prohibit the volunteer from undertaking any operational activity until after the determination of the appeal. 1975 No 42 s 72(3), (4)
7: Volunteers
36: Duty of FENZ in relation to volunteers
1: FENZ must take reasonable steps—
a: to recognise, respect, and promote the contribution of FENZ volunteers—
i: to the performance and exercise of FENZ’s functions, duties, and powers; and
ii: to the maintenance of the well-being and safety of communities; and
b: to consult with FENZ volunteers and relevant organisations referred to in section 37
c: to develop policy and organisational arrangements that encourage, maintain, and strengthen the capability of FENZ volunteers.
2: The duty imposed on FENZ under section 118
3: A FENZ volunteer is not an employee within the meaning of section 6
37: FENZ to make advocacy and support services available to FENZ volunteers
1: FENZ may enter into agreements with any organisations providing independent advocacy and support services to make those services available to FENZ volunteers.
2: FENZ must ensure that any advocacy and support services available to FENZ volunteers are available—
a: at no cost to FENZ volunteers; and
b: on an ongoing basis.
2: Emergencies, fire control, industry brigades, water supply, and evacuation schemes
1: Operational functions, duties, and powers
Functions, duties, and powers in emergencies
38: Alarm of fire or any fire reported
If an alarm of fire is raised or any fire is reported, an authorised person responding to the emergency may do 1 or more of the following:
a: endeavour by all practicable means—
i: to extinguish or prevent the spread of the fire (if any), or if the authorised person considers it appropriate under the circumstances, to let any fire burn:
ii: to save lives and property in danger:
b: direct any person to stop any activity that may contribute to the emergency:
c: request any person, either orally or in writing, to take any action to prevent or limit the extent of the emergency:
d: direct any person to leave any place near the emergency:
e: direct any person to refrain from entering the vicinity of the emergency. 1975 No 42 s 28(2) s 137(1)
39: Hazardous substance emergency
1: If a hazardous substance emergency occurs, the authorised person responding to the emergency may do 1 or more of the following:
a: endeavour by all practicable means—
i: to stabilise or render safe the hazardous substance emergency:
ii: to save lives and property in danger:
b: direct any person to stop any activity that may contribute to the emergency:
c: request any person, either orally or in writing, to take any action to prevent or limit the extent of the emergency:
d: direct any person to leave any place in the vicinity of the emergency:
e: direct any person to refrain from entering the vicinity of the emergency.
2: If this section applies, the authorised person has the powers of an enforcement officer under the Hazardous Substances and New Organisms Act 1996 1975 No 42 s 28(3A), (3B) s 137(1)
40: Emergency that does not involve fire or hazardous substance
If an emergency occurs that does not involve fire or a hazardous substance, the authorised person responding to the emergency may do 1 or more of the following:
a: stabilise or render safe any other substance emergency:
b: take whatever action is necessary to save lives and property in danger:
c: direct any person to stop any activity that may contribute to the emergency:
d: request any person, either orally or in writing, to take any action to prevent or limit the extent of the emergency:
e: direct any person to leave any place near the emergency:
f: direct any person to refrain from entering the vicinity of the emergency. 1975 No 42 s 28(3) s 137(1)
41: Duty of authorised person to control and direct
The authorised person who is in charge of personnel responding to an emergency must control and direct—
a: all FENZ personnel, defence fire brigades, and industry brigades; and
b: all persons who place their services at the authorised person’s disposal. 1975 No 42 s 28(4)﻿(a)
42: Powers of authorised person in relation to land, building, or structure
1: An authorised person may exercise the powers under this section for the purpose of taking any steps that the authorised person considers necessary or desirable in order to perform or exercise his or her functions, duties, or powers.
2: The authorised person who is in charge of personnel responding to an emergency may do 1 or more of the following:
a: enter any land, building, or structure:
b: break into any building or structure that may be on fire or otherwise endangered or that is near the emergency:
c: take or send any equipment or machine required to be used into, through, upon, or over
d: remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure:
e: cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up (either in whole or in part):
f: cause any building or structure to be pulled down or shored up (either in whole or in part) at the time of the emergency or within a reasonable time afterwards.
3: The authorised person may exercise the power in subsection (2)﻿(f)
4: If the authorised person decides to exercise the power in subsection (2)﻿(f)
5: In this section, equipment
a: means any plant, appliance, or device belonging to or in the possession of FENZ; and
b: includes any personal equipment or clothing provided by FENZ. 1975 No 42 s 28(4)﻿(b)–(e), (l) Section 42(2)﻿(c) amended 30 November 2022 section 46 Statutes Amendment Act 2022
43: Powers of authorised person in relation to vegetation
1: The authorised person who is in charge of personnel responding to an emergency may do 1 or more of the things mentioned in subsection (2) or (3)
a: extinguishing or preventing the spread of fire (if any); or
b: reducing danger from any emergency.
2: The authorised person may, if he or she considers it necessary,—
a: cause any vegetation that is on fire or otherwise endangered to be cut down or pulled down (either in whole or in part):
b: cause any vegetation that is adjacent to, or in the vicinity of, any building, structure, or vegetation that is on fire or otherwise endangered to be cut down or pulled down (either in whole or in part):
c: set fire to vegetation in an effort to cause the backburn or burnout of any fire.
3: The authorised person may, if, in the authorised person’s opinion, any vegetation has been damaged to the extent that it is, or is likely to become, dangerous to life or property, cause the vegetation to be cut down or pulled down (either in whole or in part) at the time of the emergency or within a reasonable time afterwards.
4: The authorised person may, if he or she considers it necessary, remove or cause to be removed to a safe area any vegetation that has been cut down or pulled down (in whole or in part) under this section.
5: In this section,— backburn burnout 1975 No 42 s 28(4)﻿(f), (m)
44: Other powers of authorised person
1: The authorised person who is in charge of personnel engaged in an emergency—
a: may, subject to section 48
b: may cause any road or railway in the vicinity of the emergency to be closed to people or traffic during the emergency:
c: may—
i: remove any vehicle impeding personnel; and
ii: in order to remove the vehicle, use force or break into the vehicle if the authorised person considers it reasonably necessary:
d: may remove, using reasonable force if necessary, any person—
i: who, by his or her presence or otherwise, interferes with operations to deal with the emergency; or
ii: who, in the authorised person’s opinion,—
A: is in danger; or
B: is likely to cause danger to any other person or property:
e: may shut off or disconnect, or order any person able to do so to shut off or disconnect, the supply of gas, fuel oil, or electricity to any building or structure that is on fire or otherwise endangered or that is in the vicinity of the emergency:
f: may require the owner or occupier of the property, or the owner’s agent, to provide any information relating to the emergency that is reasonably necessary or desirable in order to perform or exercise his or her functions, duties, or powers:
g: may generally do all other things that are reasonably necessary—
i: to protect and preserve life; and
ii: to prevent or limit injury; and
iii: to prevent or limit damage to property and land; and
iv: to prevent or limit damage to the environment.
2: In this section, road
a: a street; and
b: a motorway; and
c: a highway; and
d: a beach; and
e: a place to which the public has access, whether as of right or not; and
f: all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (e) 1975 No 42 s 28(4)﻿(g)–(k), (n), (na)
45: Power to destroy or dispose of any by-product
An authorised person may destroy or dispose of any by-product after rendering safe a hazardous substance emergency or other substance emergency, if—
a: the owner of the hazardous substance, other substance, or by-product cannot readily be contacted or identified; or
b: the authorised person reasonably considers that it is not appropriate or feasible to transfer the by-product to another authority; or
c: the authorised person reasonably considers it necessary or appropriate to destroy or dispose of the by-product.
46: Conclusive evidence of authority to perform function or duty or exercise power
The performance or exercise by any person of any function, duty, or power under sections 38 to 45 1975 No 42 s 28(6)
47: Sections 38 to 46 apply subject to certain enactments
Sections 38 to 46
a: the Diplomatic Privileges and Immunities Act 1968
b: any regulations made under section 93(1) 1975 No 42 s 28(6A)
48: Power to use water for any emergency and training purposes
1: All FENZ personnel may, free of charge,—
a: use all hydrants and control valves installed in any water mains and any water in the water mains for—
i: the purposes of performing or exercising FENZ’s functions, duties, or powers; or
ii: training for the purposes of performing or exercising FENZ’s functions, duties, or powers; and
b: use water from any water supply or any source of water for—
i: the purposes of performing or exercising FENZ’s functions, duties, or powers; or
ii: training for the purposes of performing or exercising FENZ’s functions, duties, or powers.
2: The provisions of this section apply in relation to defence fire brigades and industry brigades with all necessary modifications.
3: The exercise of powers under this section is subject to the overall requirements of the National Controller under the Civil Defence Emergency Management Act 2002 1975 No 42 s 30(1)
49: Duty to notify hazardous substance agencies in case of hazardous substance emergencies
1: If an authorised person takes action during a hazardous substance emergency under section 39
2: The notification must—
a: be made as soon as practicable after FENZ is called to the hazardous substance emergency; and
b: include the nature and location of the hazardous substance emergency.
50: Duty to provide reports to hazardous substance agencies
1: FENZ must, at least once every 12 months, provide a report to the EPA and any other relevant hazardous substance agency in accordance with this section.
2: The report, for the period that it covers, must—
a: include the details of hazardous substance emergencies attended by FENZ in accordance with its main functions under section 11
b: state whether staff from any hazardous substance agency attended the hazardous substance emergency; and
c: state the total cost of FENZ’s responses to hazardous substance emergencies that FENZ attended.
51: Power of authorised person to direct personnel
The authorised person may, instead of acting personally, direct any personnel to do anything that the authorised person is required to do under this subpart Prohibitions and restrictions for fire control
52: FENZ may prohibit fire in open air and prohibit or restrict other activities
1: FENZ may, in the circumstance described in subsection (2)
a: prohibit the lighting of fires in open air in an area:
b: prohibit or restrict any other activity in an area, including access to the area, that FENZ considers may cause a fire to start or to spread.
2: The circumstance referred to in subsection (1)
a: fire risk conditions exist or are likely to exist in the area; and
b: the prohibition or restriction is necessary or desirable for fire control.
2A:
2B:
3: FENZ may not prohibit a person who resides or works in an area from accessing the area.
4: This section and sections 53 54 55
5: FENZ may—
a: publicly notify a prohibition or restriction:
b: provide notice of the prohibition or restriction directly to any person. 1977 No 52 ss 20(1), (2) 21(1), (2) 2022-10-20 Fire and Emergency New Zealand Act 2017 Subsections (2A) and (2B) are repealed: when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 52(2A) repealed 21 October 2022 Section 52(2B) repealed 21 October 2022
53: Fire in open air prohibited
1: A person who has notice that the lighting of fires in open air in an area is prohibited under section 52
2: Subsection (1)
a: a permit granted under regulations made under section 190
b: any conditions of the permit.
3: A person has notice that the lighting of fires in open air in an area is prohibited
4: A person commits an offence if the person knowingly or recklessly contravenes subsection (1)
5: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or to a fine not exceeding $300,000, or both:
b: in any other case, to a fine not exceeding $600,000.
54: Prohibited activities
1: A person who has notice that an activity in an area is prohibited under section 52
2: A person has notice that an activity in an area is prohibited
3: A person commits an offence if the person knowingly or recklessly contravenes subsection (1)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or to a fine not exceeding $300,000, or both:
b: in any other case, to a fine not exceeding $600,000. 1977 No 52 ss 20(3) 21(1), (2)
55: Restricted activities
1: A person who has notice that an activity in an area is restricted under section 52
2: A person has notice that an activity in an area is restricted
3: A person commits an offence if the person knowingly or recklessly contravenes subsection (1)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or to a fine not exceeding $300,000, or both:
b: in any other case, to a fine not exceeding $600,000. Fire seasons
56: Prohibited or restricted fire seasons
1: FENZ may, by public notice, declare, for any area,—
a: a prohibited fire season:
b: a restricted fire season.
2: An area that is not in a prohibited or restricted fire season is in an open season.
3: FENZ may, by public notice, amend or revoke a declaration that it has made under subsection (1)
4: FENZ may, by public notice, impose restrictions on the lighting of fires in open air on public conservation land that is in an area that is in a restricted fire season.
5: A restriction under subsection (4) section 190 1977 No 52 s 22
57: Fire in open air during prohibited fire season
1: A person must not light or allow another person to light a fire in open air in an area that is in a prohibited fire season.
2: Subsection (1)
a: a permit granted under regulations made under section 190
b: any conditions of the permit.
3: A person commits an offence if the person knowingly or recklessly contravenes subsection (1)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or to a fine not exceeding $300,000, or both:
b: in any other case, to a fine not exceeding $600,000.
58: Fire in open air during restricted fire season
1: A person must not light or allow another person to light a fire in open air in an area that is in a restricted fire season.
2: Subsection (1)
a: in accordance with—
i: a permit granted under regulations made under section 190
ii: any conditions of the permit; or
b: on public conservation land to which a restriction under section 56(4)
3: A person commits an offence if the person knowingly or recklessly contravenes subsection (1)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or to a fine not exceeding $300,000, or both:
b: in any other case, to a fine not exceeding $600,000. 1977 No 52 s 23(1)﻿(b), (c) Permit holder must produce permit for inspection
59: Permit must be produced for inspection when required
1: This section applies in relation to a fire that is lit in accordance with a permit granted under regulations made under section 190
2: The person lighting the fire must—
a: carry the permit when making preparations for the fire, when lighting the fire, and until the fire is extinguished; and
b: provide the permit to an authorised person on demand.
3: A person commits an offence if the person, without reasonable excuse, contravenes subsection (2)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both:
b: in any other case, to a fine not exceeding $50,000. Further provisions relating to fire control
60: Causing or allowing fire to get out of control and to spread
1: A person must not cause or allow a fire to get out of control and to spread to vegetation or property.
2: Subsection (1)
3: A person commits an offence if the person knowingly or recklessly contravenes subsection (1)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or a fine not exceeding $300,000, or both; or
b: in any other case, to a fine not exceeding $600,000.
61: Burning or smouldering substance in open air
1: This section applies to a person who causes or allows a substance to burn or smoulder in open air and leaves the burning or smouldering substance in a way that increases the likelihood of harm or damage arising from the start or spread of fire.
2: The person must, as soon as practicable after discovering the burning or smouldering substance or an ensuing fire,—
a: if the person is able to take reasonable steps to reduce the likelihood of harm or damage arising from the start and spread of fire,—
i: take those steps; and
ii: as soon as practicable after taking those steps, notify FENZ; or
b: if the person is not able to take steps described in paragraph (a)
3: A person commits an offence if the person knowingly or recklessly contravenes subsection (2).
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or a fine not exceeding $300,000, or both; or
b: in any other case, to a fine not exceeding $600,000.
5: In this section, in open air
a: a fireplace that is located in a building or structure and that complies with any relevant requirement of the Building Act 2004
b: a place or thing, or a type of place or thing, that is—
i: prescribed by regulations made under section 187
ii: authorised by FENZ. 1977 No 52 s 26
62: Firebreaks
1: FENZ may, by notice, if FENZ reasonably considers it necessary for the purpose of fire control, require a landholder—
a: to make and clear any firebreak on the landholder’s land:
b: to remove from any firebreak any vegetation or other thing.
2: FENZ must serve a notice on the landholder that specifies the time and the manner in which a requirement under subsection (1)
3: In this section, landholder
a: means any person having a lawful right to use or occupy any land for an unexpired period of not less than 10 years, including any rights of extension or renewal; and
b: includes a mortgagee in possession. 1977 No 52 s 27(1)
63: Appeal against notice under section 62
1: A landholder may, within 14 days after receipt of a notice under section 62
2: An appeal under this section is governed by the dispute resolution provisions in subpart 5
64: Landholder must comply with notice under section 62
1: A landholder must comply with a notice under section 62
a: the landholder receives the notice; or
b: if the landholder appeals against the notice under section 63
2: If the landholder fails to comply with subsection (1)
65: Removal or destruction of vegetation or other thing increasing fire risk
FENZ may, by notice, require the occupier or (if there is no occupier) the owner of land to remove or destroy any vegetation or other thing on the land if FENZ reasonably considers that the vegetation or other thing is likely to endanger persons or property by increasing the risk of the outbreak or spread of fire. 2002 No 84 s 183(1)
66: Appeal against notice under section 65
1: An owner or occupier may, within 14 days after receipt of a notice under section 65
2: An appeal under this section is governed by the dispute resolution provisions in subpart 5
67: Owner or occupier must comply with notice under section 65
1: An owner or occupier must comply with a notice under section 65
a: the owner or occupier receives the notice; or
b: if the owner or occupier appeals against the notice under section 66
2: If the owner or occupier fails to comply with subsection (1) 2002 No 84 s 184(4), (5)
68: Removal or destruction of vegetation or other thing that is source of imminent danger
FENZ may, after oral notice from an authorised person to the occupier or (if there is no occupier) the owner of land, remove or destroy any vegetation or other thing on the land if FENZ reasonably considers that the vegetation or other thing is a source of imminent danger from fire to life, property, or any road. 2002 No 84 s 183(5)
2: Industry brigades
69: Organisation and maintenance of industry brigades
1: A person or an organisation specified in subsection (2)
a: organise and maintain a group of persons as an industry brigade; and
b: appoint a principal officer for the industry brigade.
2: The persons and organisations include any of the following:
a: the owner or occupier of any industrial premises:
b: the owner or occupier of any forestry land:
c: any local authority in which land is vested under any enactment:
d: any person holding, controlling, or administering land under any enactment.
3: In this section and in section 70 forestry land industrial or commercial purpose industrial premises
a: land; and
b: buildings; and
c: movable property on land or in buildings that are industrial premises residential purpose 1975 No 42 s 36(1)
70: Agreements relating to industry brigades
FENZ and the owner or occupier of any industrial premises protected or proposed to be protected by an industry brigade may enter into an agreement that sets out—
a: the services FENZ will deliver in relation to the industrial premises; and
b: the services that the industry brigade will deliver to FENZ, including services relating to fire control and designated services. 1975 No 42 s 36(3)
71: Powers of industry brigades
If any industry brigade operates either on the premises for the protection of which it is maintained or outside those premises under an agreement,—
a: the principal officer of the industry brigade may perform all the functions and duties and exercise all the powers of an authorised person under sections 38 to 45
i: no authorised person is present at the emergency; or
ii: the principal officer is in charge in accordance with an agreement under section 70
b: sections 160 to 162 1975 No 42 s 36(10) Section 71(a) replaced 30 November 2022 section 47 Statutes Amendment Act 2022
3: Provisions relating to water supply
Code of practice for firefighting water supplies
72: Minister may approve code of practice for firefighting water supplies
1: The Minister may approve a code of practice for firefighting water supplies that FENZ recommends to the Minister under section 73
2: Before approving a code of practice for firefighting water supplies, the Minister must be reasonably satisfied that FENZ has complied with its obligation under section 73(2) 1975 No 42 s 21(5), (6)
73: Duty to develop, consult on, recommend the approval of, and publish and notify code of practice for firefighting water supplies
1: For the purposes of section 72 code of practice
2: FENZ must develop a code of practice in consultation with—
a: local advisory committees; and
b: any local authority, association of local authorities, or any other appropriate authorities or organisations.
3: After developing a code of practice in accordance with subsection (2)
4: FENZ must—
a: publish the approved code of practice on an Internet site maintained by, or on behalf of, FENZ; and
b: notify the approved code of practice by notice in the Gazette
5: FENZ must review the approved code of practice at intervals of no more than 3 years.
6: An approved code of practice that is reviewed under subsection (5)
a: be consulted on in accordance with subsection (2)
b: be submitted to the Minister in accordance with subsection (3)
c: be published and notified in accordance with subsection (4)
7: A code of practice is a disallowable instrument for the purposes of the Legislation Act 2012 section 72 section 41 1975 No 42 s 30(3) Powers and duties in relation to firefighting water supply
74: Powers in relation to checks as to adequacy of firefighting water supplies
FENZ may check, and require checks to be made as to, the adequacy of firefighting water supplies, including tests of water volume and pressure, as FENZ considers necessary or desirable, in order to check compliance with a code of practice for firefighting water supplies—
a: in any water main; or
b: in any area. 1975 No 42 s 30(2)
4: Evacuation schemes
75: Relevant building defined for purposes of sections 76 to 79
1: In sections 76 to 79 relevant building
a: a building or part of a building used for 1 or more of the following purposes:
i: the gathering together, for any purpose, of 100 or more persons:
ii: providing employment facilities for 10 or more persons:
iii: providing accommodation for 6 or more persons (other than in 3 or fewer household units):
iv: providing an early childhood education and care centre (other than in a household unit):
v: providing nursing, medical, or geriatric care (other than in a household unit):
vi: providing specialised care for persons with disabilities (other than in a household unit):
vii: providing accommodation for persons under lawful detention (not being persons serving a sentence of home detention or community detention, or serving a sentence of imprisonment on home detention, or on parole subject to residential restrictions imposed under section 15
viii: any other prescribed purpose; or
b: a building or part of a building (other than a household unit) where hazardous substances are present in quantities exceeding the prescribed minimum amounts, whatever the purpose for which the building is used.
2: However, in sections 76 to 79 relevant building section 2(1)
3: In this section, early childhood education and care centre section 10(1) 1975 No 42 s 21A Section 75(1) replaced 30 November 2022 section 48 Statutes Amendment Act 2022 Section 75(3) amended 1 August 2020 section 668 Education and Training Act 2020
76: Owner must provide and maintain evacuation scheme for relevant building
1: The owner of a relevant building must provide an evacuation scheme that is designed to enable evacuation from the scene of a fire or an alarm of fire safely to a place of safety within a reasonable time.
2: The owner of a relevant building must maintain an evacuation scheme that has been approved by FENZ under section 77
3: However, the owner of a relevant building is not required to provide or maintain an evacuation scheme for the building if—
a: the building is used only for either or both of the purposes specified in section 75(1)﻿(a)﻿(ii) and (iii)
b: the building has an automatic sprinkler system; and
c: the owner of the relevant building notifies FENZ, in writing and in the prescribed form (if any), that the building does not require an evacuation scheme.
4: A person who knowingly contravenes subsection (1) or (2)
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or to a fine not exceeding $75,000, or both:
b: in any other case, to a fine not exceeding $150,000.
5: In this section,— automatic sprinkler system section 192(1)﻿(c) evacuation scheme section 192(1)﻿(b) 1975 No 42 ss 21B 21E Section 76(3)﻿(a) replaced 30 November 2022 section 49 Statutes Amendment Act 2022
77: Owner must apply to FENZ for approval of evacuation scheme
The owner of a relevant building must apply to FENZ, in accordance with prescribed requirements, for approval of the evacuation scheme provided for the building under section 76 1975 No 42 s 21C
78: FENZ may revoke, or require variation of, approved evacuation scheme
1: FENZ may, in accordance with prescribed requirements, revoke the approval of, or require the variation of, an approved evacuation scheme.
2: If FENZ revokes the approval of, or requires the variation of, an approved evacuation scheme, the owner of the relevant building must resubmit a revised evacuation scheme to FENZ for approval under section 77
79: District Court order closing relevant building
1: If the owner of a relevant building has failed to comply with section 76 77 78(2) section 76, 77, or 78(2)
2: If the District Court makes a compliance order under subsection (1)
3: FENZ must give the owner of the building at least 10 days’ written notice before applying for an order under subsection (1)
4: Before making an order under subsection (1) or (2)
a: conduct a hearing, and give FENZ and the owner of the building an opportunity to be heard; and
b: be satisfied that the owner has failed to comply with section 76 77 78 1975 No 42 s 21G
3: Levy
1: Purpose and interpretation
80: Purpose of this Part
The purpose of this Part is to provide for a levy that is—
a: a stable source of funding to support FENZ in the performance of functions and duties and exercise of powers under this Act:
b: universal, so that FENZ’s costs are generally shared among all who benefit from the potential to use FENZ’s services:
c: equitable, so that policyholders should generally pay a levy at a level commensurate with their use of, or benefit from the potential to use, FENZ’s services and with the risks associated with the activities that policyholders carry out (but without strict apportionment according to use, benefit, or risk having to be observed):
d: predictable, so that policyholders and levy payers are able to predict the amounts that they will need to pay and FENZ is able to predict how much levy income it will receive:
e: flexible, so that the levy can adapt to—
i: changes in the use, benefit, or risk associated with those who benefit from the potential to use FENZ’s services; and
ii: variations in FENZ’s costs; and
iii: changes to the expectations of the Crown and the strategic needs of FENZ.
81: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— adjudicator section 131 carries on insurance business in New Zealand section 8 contract of fire insurance
a: means a contract of insurance, within the meaning of section 7
b: does not include a contract of reinsurance within the meaning of section 6(1) contract of insurance
a: a contract of fire insurance:
b: a contract of motor vehicle insurance contract of motor vehicle insurance
a: means a contract of insurance, within the meaning of section 7
i: the motor vehicle is insured against physical loss or damage:
ii: any person is insured against third party liability in connection with the use of the vehicle; but
b: does not include a contract of reinsurance within the meaning of section 6(1) insurance intermediary section 2(1) insurer levy advantage levy avoidance
a: altering the incidence of the levy:
b: relieving a person from liability to pay the levy:
c: avoiding, postponing, or reducing any liability to pay the levy levy avoidance arrangement
a: means an arrangement, whether entered into by the person affected by the arrangement or by another person, that directly or indirectly—
i: has levy avoidance as its purpose or effect; or
ii: has levy avoidance as one of its purposes or effects (whether or not any other purpose or effect is referable to ordinary dealings) where the levy avoidance purpose or effect is not merely incidental:
b: does not include an arrangement that confers a levy advantage on a person merely because the person affected by the arrangement assumes the risk of physical loss or damage to any property to the extent that the property is not insured (in whole or in part) levy payer
a: an insurer who is liable to pay a levy to FENZ under section 86
b: if section 87 levy payer’s levy position
a: that is taken by a levy payer in a return in respect of property insured under a contract of insurance; or
b: if a levy payer does not make a return in respect of any property, that no levy is payable in respect of the property levy position
a: no levy is payable in respect of the property; or
b: a levy payer is not required to file a return in respect of the property; or
c: the property has a particular sum insured levy shortfall
a: the correct levy position; and
b: the levy payer’s levy position motor vehicle section 2(1) personal property
a: means property that is located in or on a household unit; and
b: includes property that is usually located in or on a household unit but is temporarily removed from the household unit for any reason; but
c: does not include any property used solely or principally for commercial purposes policyholder
a: has the same meaning as in section 6(1)
b: includes any person who is entitled to any indemnity or benefit under the contract of insurance property relevant court subpart 5
a: if the total amount that FENZ seeks to recover comes within the District Court’s civil jurisdiction, the District Court; and
b: in any other case, the High Court reinsurance section 6(1) residential land
a: the land on which any household unit is situated:
b: all land within 8 metres in a horizontal line of any household unit:
c: that part of the land holding that—
i: is within 60 metres, in a horizontal line, of any household unit; and
ii: constitutes the main access way or part of the main access way to any household unit from the boundary of the land holding or is land supporting that access way or part:
d: all bridges and culverts situated within any area specified in paragraphs (a) to (c)
e: all retaining walls and their support systems within 60 metres, in a horizontal line, of any household unit that are necessary for the support or protection of any household unit or of any property referred to in any of paragraphs (a) to (c) residential property
a: a household unit:
b: any residential land respondent specialised accommodation section 141 sum insured
a: the insured value of the property as stated in the schedule of the contract of fire insurance, this being the amount that will be paid out in the event of a total loss before taking into account the following:
i: any amounts to be deducted before payment is made to the policyholder:
ii: additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred; and
b: if no insured value is stated in the schedule of the contract of fire insurance, the insured value of the property as calculated by the insurer, this being the amount that will be paid out in the event of a total loss before taking into account the following:
i: any amounts to be deducted before payment is made to the policyholder:
ii: additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred Example 1
A single contract of fire insurance insures several different types of property, such as buildings, plant and contents, and stock. Each type of property has an individual insured value in the contract of fire insurance. There is no overall insured value specified under the contract of fire insurance. The individual insured values are— buildings: $2,000,000 plant and contents: $500,000 stock: $800,000 The sum insured is the amount paid out in the event of a total loss (before considering deductions or additional limits in paragraph (a)﻿(i) and (ii)). In this example, the insurer will pay up to each individual insured value for each property type for loss or damage from any 1 event. The sum insured is $3,300,000 ($2,000,000 + $500,000 + $800,000). Note: If the contract of fire insurance specifies a total amount to be paid out in the event of a total loss, refer to example 2. Example 2
A contract of fire insurance contains multiple properties. Adding the maximum insured values of each individual property comes to $2,000,000. However, the schedule of the contract of fire insurance specifies that the insurer will pay for loss or damage for any 1 event up to an amount of $700,000. The sum insured is $700,000. Example 3
The schedule of a contract of fire insurance does not specify the insured value of the property under the contract. Under paragraph (b), the insurer calculates they would pay up to $800,000 in the event of a total loss of the property. However, the final amount that will be paid is dependent on several additional limits in the contract of fire insurance that cannot be accurately identified until the event causing the total loss has occurred, and a deductible amount. Calculations for the deductible and additional limits are not required under paragraph (b)﻿(i) and (ii) respectively. The sum insured is $800,000. third party liability working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 25 December in any year and ending on 15 January in the following year.
2: The provisions of this Part must be interpreted in a manner that best gives effect to the purpose set out in section 80 Section 81(1) amount insured repealed 6 April 2023 section 6(1) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) contract of fire insurance inserted 6 April 2023 section 6(3) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) contract of insurance replaced 6 April 2023 section 6(2) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) contract of marine insurance repealed 6 April 2023 section 6(1) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) contract of motor vehicle insurance inserted 6 April 2023 section 6(3) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) declared value repealed 6 April 2023 section 6(4) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) levy position amended 6 April 2023 section 6(5) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) qualified person repealed 6 April 2023 section 6(6) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) sum insured inserted 6 April 2023 section 6(3) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 81(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
82: Meaning of amount insured
Section 82 repealed 6 April 2023 section 7 Fire and Emergency New Zealand (Levy) Amendment Act 2023
83: Declared value
Section 83 repealed 6 April 2023 section 8 Fire and Emergency New Zealand (Levy) Amendment Act 2023
2: Levy on insured property
84: Levy payable on motor vehicles
1: A levy is payable in respect of a motor vehicle that is the subject of a contract of motor vehicle insurance
2: The amount of levy that is payable is the annual amount prescribed in regulations made under section 141 Section 84(1) amended 6 April 2023 section 9 Fire and Emergency New Zealand (Levy) Amendment Act 2023
85: Levy payable on other property
1: A levy is payable in respect of any property, other than a motor vehicle, that is insured under a contract of fire insurance
2: The amount of levy that is payable is an amount calculated on the basis of the sum insured section 141 Section 85(1) amended 6 April 2023 section 10(1) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 85(2) amended 6 April 2023 section 10(2) Fire and Emergency New Zealand (Levy) Amendment Act 2023
86: Insurer must pay levy to FENZ
1: On entering into a contract of insurance, the insurer becomes liable to pay the levy to FENZ.
2: The levy payable by the insurer is a debt due by the insurer to FENZ and is recoverable by FENZ.
3: This section is subject to section 87
87: Circumstances where policyholder or insurance intermediary must pay levy to FENZ
1: This section applies in relation to a contract of insurance between a policyholder and a person that is liable as the insurer under the contract where the person that is liable as the insurer—
a: does not carry on business in New Zealand (within the meaning of section 332
b: does not carry on insurance business in New Zealand; or
c: does not hold a licence (within the meaning of section 6(1)
2: On entering into a contract of insurance to which this section applies, the policyholder becomes liable to pay the levy to FENZ.
3: However, if an insurance intermediary carrying on business in New Zealand directly or indirectly negotiates a contract of insurance to which this section applies,—
a: that insurance intermediary (and not the policyholder) becomes liable to pay the levy to FENZ; and
b: sections 89 to 91
4: The levy payable by a policyholder described in subsection (2)
5: A contract referred to in subsection (1) 1975 No 42 s 49A
88: When levy must be paid
A levy payer that is liable to pay the levy in relation to a contract of insurance must pay the levy to FENZ not later than the 15th day of the third month after the end of the month in which the contract of insurance was entered into. Policyholder to pay insurer
89: Policyholder must pay amount of levy to insurer
1: On entering into a contract of insurance section 86
2: The amount payable by the policyholder under subsection (1) Section 89(1) amended 6 April 2023 section 11 Fire and Emergency New Zealand (Levy) Amendment Act 2023
90: Insurer must identify levy on invoice, etc
1: An insurer that is entitled to recover an amount of levy under section 89
2: No person may require the payment of any brokerage, agency, or commission in respect of the levy.
91: FENZ may release insurer from liability
1: If FENZ considers that an amount payable to the insurer under section 89
2: A release under subsection (1)
a: in respect of all or part of the unpaid levy or interest to which the amount payable under section 89
b: subject to any conditions that FENZ thinks fit. 1975 No 42 s 48(10)
92: Joint and several liability
If 2 or more persons are liable to pay any amount under section 86 87 89
3: Returns, records, and information
Returns
93: Levy payer must make return
1: A levy payer must provide a return to FENZ for every month in which the levy payer entered into a contract of insurance for which levy was payable.
2: The levy payer must provide the return not later than the 15th day of the third month after the end of the month specified in subsection (1)
3: The return must set out the total amount of levy payable by the levy payer in relation to the month specified in subsection (1)
4: The return must—
a: contain any information that is required by regulations; and
b: be made in a form provided by FENZ for the purpose (or in any other manner approved by FENZ).
5: A person who knowingly, and without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both:
b: in any other case, to a fine not exceeding $50,000. Records
94: Levy payers and insurance intermediaries must keep records for 7 years
1: A person specified in subsection (2) subsection (3)
2: The persons are—
a: levy payers:
b: every insurance intermediary who arranges a contract of insurance.
3: The records are—
a: a copy of every contract of insurance entered into or arranged by the person:
b: a record of every payment of levy made by the person:
c: any other information that the person is required to keep under regulations made under section 141
4: A person who knowingly, and without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both:
b: in any other case, to a fine not exceeding $50,000.
5: In this section, arrange section 2(1) FENZ may require information
95: Power to require information
1: FENZ may require a person specified in section 94(2) section 94
2: A person who is required to provide any information under subsection (1)
3: A person who knowingly, and without reasonable excuse, contravenes subsection (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both:
b: in any other case, to a fine not exceeding $50,000. 1994 No 166 s 17
96: Persons required to provide information have privileges of witnesses in court
Every person required to provide information and documents to FENZ under section 95 2011 No 5 s 56 Confidentiality
97: Confidentiality of information and documents
1: This section applies to—
a: information and documents provided to FENZ under sections 93 95
b: information derived from information and documents referred to in paragraph (a)
2: FENZ must not publish or disclose any information or document to which this section applies unless—
a: the information or document is available to the public under any enactment or is otherwise publicly available; or
b: the information is in a statistical or summary form; or
c: the publication or disclosure of the information or document is for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed on FENZ by this Act or any other enactment; or
d: the publication or disclosure of the information or document is to a person who FENZ is satisfied has a proper interest in receiving the information or document; or
e: the publication or disclosure of the information or document is with the consent of the person to whom the information or document relates or of the person to whom the information or document is confidential.
3: FENZ must not publish or disclose, or direct an authorised person to publish or disclose, any information or document under subsection (2)﻿(c) Privacy Act 2020 2011 No 5 s 59 Section 97(3) amended 1 December 2020 section 217 Privacy Act 2020
98: Conditions relating to publication or disclosure of information or documents
1: FENZ may, by written notice to a person to whom any information or document is published or disclosed under section 97(2)﻿(c), (d), or (e)
2: FENZ must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of any individual.
3: Conditions imposed under subsection (1)
a: maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020
b: the storing of, the use of, or access to anything provided:
c: the copying, returning, or disposing of copies of documents provided.
4: A person who refuses or fails, without reasonable excuse, to comply with any conditions commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both:
b: in any other case, to a fine not exceeding $50,000. 2011 No 5 s 60 Section 98(3)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020 False or misleading information
99: Offence to provide false or misleading information
1: A person commits an offence if the person knowingly provides false or misleading information—
a: in a levy return; or
b: when providing information under section 95
2: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both:
b: in any other case, to a fine not exceeding $50,000.
4: Avoidance arrangements and shortfall penalties
100: Levy shortfall and shortfall penalties must be recovered under subpart 5
FENZ must provide a notice of levy shortfall under section 116
a: to the levy payer, in order to recover a levy shortfall (including a levy shortfall that results from a determination by FENZ under section 102
b: to any person that FENZ considers liable for a shortfall penalty, in order to recover a shortfall penalty provided for in this subpart. Levy avoidance arrangements
101: Levy avoidance arrangement void
1: A levy avoidance arrangement is void as against FENZ for the purposes of the levy.
2: Under section 102 2007 No 97 s BG 1
102: FENZ’s power to determine liability for levy in case of levy avoidance arrangement
1: This section applies if an arrangement is void under section 101
2: FENZ may determine a levy payer’s liability for the levy, in a way that FENZ considers appropriate, in order to counteract a levy advantage that a person obtains from or under a levy avoidance arrangement.
3: When applying subsection (2) sum insured 2007 No 97 s GA 1 Section 102(3) amended 6 April 2023 section 12 Fire and Emergency New Zealand (Levy) Amendment Act 2023 Shortfall penalties
103: Interpretation and other matters related to shortfall penalties
1: In this section and in sections 104 to 111 abusive levy position section 107(2) acceptable levy position gross carelessness grossly careless unacceptable levy position
a: means a levy position that, viewed objectively, fails to meet the standard of being about as likely as not to be correct; but
b: does not include a levy position that is taken merely because of a mistake in the calculation or recording of numbers used in, or for use in preparing, a return.
2: For the purposes of sections 104 to 111
a: whether a levy position is acceptable or unacceptable must be determined at the time at which the levy payer takes the levy position:
b: the time at which a levy payer takes a levy position in relation to a contract of insurance is—
i: the time at which the levy payer provides the return containing the levy position, if the levy payer provides a return in relation to the contract of insurance:
ii: the last day on which a levy payer is able to file a return under section 93
c: the matters that must be considered in determining whether a levy payer has taken an unacceptable levy position include—
i: the actual or potential application to the levy position of the provisions of this Part and of any regulations made under this Part that are relevant; and
ii: any decision of a court on the interpretation of this Part and of any regulations made under this Part that is relevant (unless the decision was issued up to 1 month before the levy payer took the levy position).
104: Not taking reasonable care
1: A shortfall penalty is payable if the levy payer—
a: takes a levy position that results in a levy shortfall; and
b: does not take reasonable care in taking the levy position.
2: Subsection (1)
3: If subsection (1) 1994 No 166 s 141A
105: Unacceptable levy position
1: A shortfall penalty is payable if the levy payer—
a: takes a levy position that results in a levy shortfall; and
b: the levy position is an unacceptable levy position; and
c: the levy shortfall is greater than both—
i: $1,000; and
ii: 1% of the amount of levy that is payable for the correct levy position.
2: If subsection (1) 1994 No 166 s 141B
106: Gross carelessness
1: A shortfall penalty is payable if the levy payer—
a: takes a levy position that results in a levy shortfall; and
b: is grossly careless in taking the levy position.
2: Subsection (1)
3: If subsection (1) 1994 No 166 s 141C
107: Abusive levy position
1: A shortfall penalty is payable if the levy payer—
a: takes a levy position that results in a levy shortfall; and
b: the levy position is an abusive levy position.
2: An abusive levy position
a: that is an unacceptable levy position at the time at which the levy position is taken; and
b: that, viewed objectively, the levy payer takes—
i: in respect of, or because of, an arrangement that is entered into with a dominant purpose of avoiding levy, whether directly or indirectly; or
ii: with a dominant purpose of avoiding levy, whether directly or indirectly.
3: If subsection (1) 1994 No 166 s 141D
108: Reduction of penalty for previous behaviour
1: Subsection (2)
a: a shortfall penalty (the current penalty sections 104 to 107
b: the levy payer is not—
i: convicted of a disqualifying offence; or
ii: liable for a disqualifying penalty.
2: The current penalty is reduced by 50% of the amount that would be payable in the absence of this section.
3: In this section,— disqualifying offence section 93 94 95 99 disqualifying penalty
a: relates to a levy position that is taken in the relevant period; and
b: if the current penalty is—
i: for gross carelessness or taking an abusive levy position, is a shortfall penalty for gross carelessness or taking an abusive levy position:
ii: for not taking reasonable care or taking an unacceptable levy position, is a shortfall penalty of any sort relevant period
a: beginning on the date that is 2 years before the date on which the levy payer takes the levy position that relates to the current penalty; and
b: ending on the date on which the levy payer takes the levy position that relates to the current penalty. 1994 No 166 s 141FB
109: Reduction of penalty for disclosure of unacceptable levy position
1: A shortfall penalty payable under section 105 107
2: If subsection (1) section 108
3: FENZ may specify—
a: the information required for adequate disclosure; and
b: the form in which the information must be provided. 1994 No 166 s 141H
110: Reduction of penalty for voluntary disclosure of levy shortfall
1: A shortfall penalty payable under any of sections 104 to 107 section 111(1) subpart 5
2: If subsection (1) sections 108 109
3: FENZ may specify—
a: the information required for a full voluntary disclosure; and
b: the form in which disclosure must be provided. 1994 No 166 s 141G Joint and several liability of person involved in levy shortfall
111: Joint and several liability of person involved in levy shortfall
1: Each of the following persons is jointly and severally liable to pay a shortfall penalty under this subpart:
a: the insurer:
b: the policyholder:
c: every insurance intermediary who arranged the contract of insurance.
2: However, a person described in subsection (1) person A
a: person A was not involved in the contravention; or
b: person A’s contravention was due to reasonable reliance on information supplied by another person; or
c: both of the following apply:
i: person A’s contravention was due to the act or default of another person, or to an accident or to some other cause beyond person A’s control:
ii: person A took reasonable precautions and exercised due diligence to avoid the contravention.
3: In this section,— another person arrange section 2(1) contravention
a: failing to take reasonable care in the taking of a levy position:
b: being grossly careless in the taking of a levy position:
c: taking an unacceptable levy position:
d: taking an abusive levy position.
4: In this section, a person is involved in a contravention
a: has aided, abetted, counselled, or procured the contravention; or
b: has induced, whether by threats or promises or otherwise, the contravention; or
c: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
d: has conspired with others to effect the contravention.
5: The fact that a levy payer is, by reason of subsection (2) subsection (1) 2013 No 69 ss 499 533
112: When shortfall penalties must be paid
1: A person who is liable to pay a shortfall penalty must pay the penalty to FENZ on or before the due date for payment that FENZ notifies to the person.
2: The due date for payment must be not less than 20 working days after the date on which FENZ notifies the person of the due date.
5: Notice of levy shortfall process and adjudication
Preliminary matters
113: Burden of proof in dispute relating to levy shortfall or shortfall penalty
In any process or adjudication under this subpart, and in any related proceeding relating to liability for a levy shortfall or a shortfall penalty, the burden of proof is on the respondent who disputes FENZ’s assessment.
114: Time limit for assessment of levy
1: If 4 years have passed after the date on which a contract of insurance was entered into, FENZ may not provide a notice of levy shortfall to a respondent in relation to the contract of insurance.
2: Subsection (1)
a: any information provided to FENZ by or on behalf of the levy payer is fraudulent or wilfully misleading:
b: there are reasonable grounds to consider that the levy payer failed to make a return in respect of a contract of insurance.
3: FENZ and any potential respondent may agree to extend the time in which FENZ may provide a notice of levy shortfall to the respondent under subsection (1) 1994 No 166 ss 107A 108B
115: Minister may approve forms
1: The Minister may, by notice in the Gazette
a: a notice of levy shortfall:
b: a notice of response:
c: FENZ’s statement of position:
d: a respondent’s statement of position.
2: If the Minister approves the form of a document specified in subsection (1) Notice of levy shortfall and notice of response
116: FENZ may provide notice of levy shortfall to levy payer and to person liable for shortfall penalty
1: FENZ may provide a notice of levy shortfall in relation to a return if FENZ considers that the levy payer takes, in a return, a levy position that results in a levy shortfall.
2: FENZ must provide the notice to the levy payer that took the levy position in the return.
3: If FENZ considers that a shortfall penalty is payable in respect of the levy position, FENZ must also provide the notice to every other person that FENZ considers is liable to pay the shortfall penalty. 1994 No 166 s 89B
117: Content of notice of levy shortfall
1: A notice of levy shortfall must contain sufficient detail to identify the issues arising between FENZ and each respondent.
2: In order to identify the issues, the notice must—
a: identify the levy shortfall that FENZ considers is payable by the levy payer:
b: identify—
i: any shortfall penalty that FENZ considers is payable; and
ii: each respondent whom FENZ considers is liable to pay the shortfall penalty:
c: provide a concise statement of the key facts and the law in sufficient detail to inform each respondent of the grounds for the liability identified in accordance with paragraphs (a) and (b)
d: state how the law applies to the facts. 1994 No 166 s 89F
118: Notice of response
1: To reject a notice of levy shortfall, each respondent must provide a notice of response to FENZ within 40 working days of the date on which the notice of levy shortfall was provided to the respondent.
2: A notice of response must state concisely—
a: the facts or legal arguments in the notice of levy shortfall that the respondent considers are wrong; and
b: why the respondent considers those facts or legal arguments to be wrong; and
c: any facts and legal arguments relied on by the respondent; and
d: how the legal arguments apply to the facts; and
e: the quantitative adjustments to any figure referred to in the notice of levy shortfall that result from the facts and legal arguments relied on by the respondent. 1994 No 166 s 89G
119: Deemed acceptance of notice of levy shortfall
1: If a respondent does not provide a notice of response to FENZ within the period specified in section 118(1)
2: Subsection (1) does not apply if—
a: another respondent provides a notice of response to FENZ within the period specified in section 118(1)
b: because of an event or circumstance beyond the respondent’s control, the respondent has a reasonable justification for not providing a notice of response within the period specified in section 118(1) 1994 No 166 s 89H
120: FENZ may provide new notice of levy shortfall to add respondent
1: FENZ may provide a new notice of levy shortfall if, after considering any notice of response and any other information available to it, FENZ considers that any person to whom FENZ did not provide the notice of levy shortfall is liable to pay the shortfall penalty.
2: If FENZ provides a new notice of levy shortfall, this subpart applies accordingly.
121: Next step if parties do not agree
1: If, 80 working days after the date on which FENZ provided the notice of levy shortfall, FENZ and each respondent have not agreed on liability for the levy shortfall and on liability for any shortfall penalty, FENZ may provide a statement of position to each respondent.
2: If there is more than 1 respondent, the date on which FENZ provided the notice of levy shortfall is the date on which FENZ provided the notice to the last respondent to receive the notice.
3: Subsection (1)
4: If FENZ and each respondent agree to submit the matter to the relevant court under subsection (3) sections 122 to 130 Statements of position
122: FENZ’s statement of position
1: FENZ’s statement of position must, with sufficient detail to fairly advise each respondent,—
a: give an outline of the facts on which FENZ intends to rely; and
b: give an outline of the evidence on which FENZ intends to rely; and
c: give an outline of the issues that FENZ considers will arise; and
d: specify the propositions of law on which FENZ intends to rely.
2: FENZ’s statement of position must also include a copy of each notice of response received by FENZ in response to the notice of levy shortfall.
123: Respondent’s statement of position
1: To reject FENZ’s statement of position, each respondent must provide a statement of position to FENZ within 40 working days after the date on which FENZ’s statement of position was provided to the respondent.
2: Each respondent’s statement of position must, with sufficient detail to fairly advise FENZ,—
a: give an outline of the facts on which the respondent intends to rely; and
b: give an outline of the evidence on which the respondent intends to rely; and
c: give an outline of the issues that the respondent considers will arise; and
d: specify the propositions of law on which the respondent intends to rely.
124: Deemed acceptance of FENZ’s statement of position
1: A respondent who does not provide a statement of position to FENZ within the period specified in section 123(1)
2: Subsection (1) does not apply if—
a: another respondent provides a statement of position to FENZ within the period specified in section 123(1)
b: because of an event or circumstance beyond the respondent’s control, the respondent has a reasonable justification for not providing a statement of position within the period specified in section 123(1)
125: FENZ may provide new notice of levy shortfall to add respondent
1: FENZ may provide a new notice of levy shortfall if, after considering any of the respondents’ statements of position and any other information available to it, FENZ considers that any person to whom FENZ did not provide the notice of levy shortfall is liable to pay the shortfall penalty.
2: If FENZ provides a new notice of levy shortfall, this subpart applies accordingly. Adjudication
126: Referral for adjudication
1: If, 80 working days after the date on which FENZ provides the statement of position, FENZ and the respondent or respondents have not agreed on liability for the levy shortfall and on liability for any shortfall penalty, FENZ must arrange for the statements of position to be referred for adjudication.
2: If there is more than 1 respondent, the date on which FENZ provides the statement of position is the date on which FENZ provides the statement to the last respondent to receive the statement.
3: If there is more than 1 respondent, FENZ must, as soon as practicable after referring the statements of position to the adjudicator, provide to each respondent a copy of each statement of position filed by each other respondent.
4: Subsection (1)
5: If FENZ and each respondent agree to submit the matter to the relevant court under subsection (4) sections 127 to 130
127: Conduct of adjudication
1: An adjudicator must act independently when adjudicating a dispute.
2: The adjudicator may regulate the procedure of the adjudication as he or she sees fit, subject to any regulations made under section 141(3)﻿(h)
128: Decision of adjudicator
At the conclusion of an adjudication, the adjudicator must issue a decision that—
a: specifies the amount of any levy or shortfall, or both, that is payable by each respondent; and
b: includes the adjudicator’s reasons for the decision.
129: Costs
1: The adjudicator may make any order against FENZ or against 1 or more respondents for the payment of costs and expenses that the adjudicator thinks just.
2: The due date for payment of costs and expenses is 20 working days after the date of the adjudicator’s order.
130: Appeal
1: FENZ or a respondent may appeal the adjudicator’s decision to the relevant court.
2: An appeal under subsection (1)
a: is by way of rehearing; and
b: must be made within 20 working days after the date on which the adjudicator’s decision is issued; and
c: does not operate as a stay of enforcement of the adjudicator’s decision unless the court orders otherwise. Provisions relating to adjudicators
131: Appointment of adjudicators
1: The Minister must appoint adjudicators for the purposes of this subpart.
2: Before appointing an adjudicator, the Minister must be satisfied that the adjudicator has sufficient expertise to adjudicate disputes under this Part.
3: The Minister may, by notice in the Gazette
4: An adjudicator may be reappointed.
132: Removal of adjudicators
The Minister may, by notice in the Gazette
a: due to the misconduct of the adjudicator; or
b: if the adjudicator is unable to perform the functions of office; or
c: if the adjudicator has neglected his or her duty. 2013 No 60 s 8
133: Remuneration of adjudicators
1: An adjudicator is entitled to be—
a: paid remuneration at a rate and of a kind determined in accordance with the fees framework; and
b: reimbursed for actual and reasonable travelling and other expenses in accordance with the framework.
2: In subsection (1) fees framework Other matters
134: Test cases
1: FENZ and the respondent (or FENZ and the respondents) may agree to suspend the process set out in this subpart in relation to a levy position in the circumstances described in subsection (2)
2: The circumstances are that—
a: FENZ is engaged in the process set out in this subpart or a proceeding in a court in relation to a levy position (a test case
b: there is a significant similarity between the facts and questions of law in the test case and the facts and questions of law arising in the process referred to in subsection (1)
3: The suspension starts on the date of the agreement and ends on the earliest of the following:
a: the date of the court’s decision in the test case:
b: the date on which the test case is otherwise resolved:
c: the date on which the suspended process is otherwise resolved.
4: FENZ may provide a new notice of levy shortfall or take any other action in relation to the suspended process that is consistent with the resolution of the test case. 1994 No 166 s 89O
135: Decisions to be made available
1: FENZ must make decisions made by adjudicators under this subpart available on its Internet site.
2: Subsection (1) subsections (3) and (4)
3: FENZ must remove from each decision it makes available the name of the respondent (or respondents) and any details of the decision that would identify a respondent or any other person.
4: An adjudicator may, on application by FENZ or a respondent, or on the adjudicator’s own initiative, make an order prohibiting or restricting the publication of—
a: any report of an adjudication:
b: a decision or any part of a decision.
5: A person who, without reasonable excuse, contravenes an order made under subsection (4)
a: in the case of an individual, to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both:
b: in any other case, to a fine not exceeding $50,000.
6: Interest
136: Purpose of section 137
1: The purpose of section 137
a: in appropriate circumstances,—
i: to compensate FENZ for the loss of use of money through levy payers paying too little levy; and
ii: to compensate levy payers for the loss of use of money through their paying too much levy; and
b: to encourage levy payers to pay the correct amount of levy on time.
2: Interest payable under section 137 1994 No 166 s 120A(1)
137: Interest on unpaid and overpaid levy and shortfall penalty
1: A levy payer is liable to pay interest on unpaid levy to FENZ in accordance with section 138
2: FENZ may recover interest payable on unpaid levy as though it were levy payable by the levy payer.
3: A person who is liable, under subpart 5 section 138
4: FENZ may recover interest payable on unpaid shortfall penalty as though it were shortfall penalty payable by the person liable to pay the shortfall penalty.
5: FENZ is liable to pay interest in accordance with section 138
a: overpaid levy to a levy payer that has paid too much levy:
b: overpaid shortfall penalty to a person who has paid too much shortfall penalty. 1994 No 166 ss 120A(2) 120D
138: Amount of interest payable
1: In this section,— due date
a: in relation to levy, the day by which a levy payer must pay the levy under section 88
b: in relation to a shortfall penalty, the day by which a person must pay the levy to which the shortfall penalty relates interest period
a: in relation to unpaid levy or unpaid shortfall penalty, the period (both dates inclusive)—
i: beginning on the day after the due date of payment of the unpaid levy or shortfall penalty; and
ii: ending on the date the levy or shortfall penalty is paid:
b: in relation to overpaid levy or overpaid shortfall penalty, the period (both dates inclusive)—
i: beginning on the day after the later of the due date and the date on which the overpaid levy or shortfall penalty was paid; and
ii: ending on the date on which the overpaid levy or overpaid shortfall penalty is refunded by FENZ relevant interest rate
a: in relation to unpaid levy and unpaid shortfall penalty, the rate of interest established and notified as the taxpayer’s paying rate by an Order in Council made under section 120H
b: in relation to overpaid levy or overpaid shortfall penalty, the rate of interest established and notified as the Commissioner’s paying rate by an Order in Council made under section 120H
2: The amount of interest payable on unpaid or overpaid levy and on unpaid or overpaid shortfall penalty is calculated for each day in the interest period in accordance with the following formula: t × r ÷ 365 where— t is the unpaid or overpaid levy or the unpaid or overpaid shortfall penalty on which the interest is payable r is the relevant interest rate.
3: The amount of interest payable in an interest period is the sum of the amounts calculated under subsection (2) for each day in the interest period.
4: The amount of interest outstanding at any time in an interest period is—
a: the sum of the amounts calculated under subsection (2) for each day in the interest period that falls before that time; less
b: any interest that has been paid by that time. 1994 No 166 s 120E
139: Interest priority
1: If a levy payer has levy to pay and the levy payer is liable to pay interest on the unpaid levy, any payment that FENZ receives on account of the levy payer’s liability to pay the unpaid levy and interest must first be applied towards payment of interest.
2: If a person has shortfall penalty to pay and the person is liable to pay interest on the unpaid shortfall penalty, any payment that FENZ receives on account of the person’s liability to pay the unpaid shortfall penalty and interest must first be applied towards payment of interest. 1994 No 166 s 120F
140: Interest payable immediately
Interest payable to FENZ under this subpart is payable immediately and without the need for a demand. 1994 No 166 s 120G
7: Regulations relating to levy
141: Levy regulations
1: For the purpose of this Part, the Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with sections 142 143 under a contract of insurance
2: The regulations must,—
a: in respect of every motor vehicle that is insured under a contract of motor vehicle insurance, prescribe an annual levy amount per vehicle:
b: in respect of all other property that is insured under a contract of fire insurance, prescribe an annual rate of levy as a proportion of the sum insured.
3: The regulations may—
a: prescribe rates of levy under subsection (2)﻿(b)
i: residential property:
ii: personal property:
iii: any other property or class of property:
b: prescribe maximum amounts of levy payable for—
i: residential property:
ii: personal property:
iii: any other property or class of property:
c: provide for the calculation of the levy for a contract of insurance under which the property that is insured comprises 2 or more of the following:
i: residential property:
ii: personal property:
iii: property that is exempt from the levy:
iv: a motor vehicle:
v: any other type of property:
d: provide for the payment and collection of the levy:
e: provide for an exemption from the levy for—
i: any property or class of property:
ii: any contract of insurance or class of contract of insurance:
iii: any policyholder or class of policyholder:
f: provide for waivers or refunds of the whole or any part of the levy, any shortfall penalty, or interest:
g: specify buildings or classes of buildings that are specialised accommodation for the purposes of this Part:
h: provide for any other matters that are necessary or desirable to set, calculate, administer, collect, and enforce the levies, including (without limitation)—
i: the returns to be made to FENZ for the purpose of enabling or assisting in the determination of the amounts of levy payable:
ii: the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levies:
iii: the circumstances in which, and conditions subject to which, FENZ may waive all or part of an amount of levy, shortfall penalty, or interest:
iv: the keeping and retention of accounts, statements, or records specified by FENZ for a specified period for the purpose of ascertaining whether regulations are being complied with:
v: the procedure for adjudication under subpart 5
4: Before making a recommendation for the making of regulations relating to an exemption or a waiver under subsection (3)﻿(e) or (f)
a: the purpose set out in section 80
b: the likely effect of the exemption or waiver on the cost-effectiveness and efficiency of the administration of the levy and this Part.
4A: Regulations prescribing a rate of levy under subsection (2) or (3)﻿(a) or prescribing a maximum amount of levy under subsection (3)﻿(b) must not come into force earlier than 4 months after the date on which they are published.
5: If the Minister recommends the making of regulations under subsection (3)﻿(e) or (f)
6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 141(1) amended 6 April 2023 section 13(1) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 141(1) amended 8 May 2019 section 5(1) Fire and Emergency New Zealand (Levy) Amendment Act 2019 Section 141(2) replaced 6 April 2023 section 13(2) Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 141(4A) inserted 8 May 2019 section 5(2) Fire and Emergency New Zealand (Levy) Amendment Act 2019 Section 141(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
142: Procedure for levy regulations
1: The Minister must, in at least every third financial year, estimate the amount of FENZ’s net costs for an upcoming period specified by the Minister period
2: For the purposes of subsection (1)
a: its estimated direct and indirect costs of performing functions and duties and exercising powers under this Act, regulations made under this Act, or any other enactment that will arise in the period; less
b: any estimated income that FENZ will receive in the period from any source other than the levy.
3: The Minister must then determine the portion of FENZ’s net costs for the period that are to be met by levies.
4: In making a determination, the Minister must take into account the following (in addition to the purpose of this Part):
a: an estimate of the total number of motor vehicles in respect of which the levy is payable and the likelihood of any change in that number:
b: an estimate of the total sum insured for property insured under contracts of fire insurance and the likelihood of any change in that amount:
c: an estimate of the total amount of exemptions and waivers from the payment of the levy that are expected to apply in relation to the period:
d: any amount by which actual levy income received in a preceding period exceeded FENZ’s actual net costs in a preceding period:
e: any amount by which actual levy income received in a preceding period was less than FENZ’s actual net costs in a preceding period:
f: the benefit of maintaining the stability of each rate of the levy in the long term.
5: The Minister must then recommend the making of regulations under section 141
6: The Minister may recommend the amendment of the regulations in the period to which they apply if the Minister is satisfied that—
a: actual net costs in the period are likely to vary significantly from the estimate of net costs under subsection (2)
b: the persons likely to be substantially affected by the amendment, or their representatives, have been consulted. 2012 No 2 s 57 Section 142(1) amended 8 May 2019 section 6(1) Fire and Emergency New Zealand (Levy) Amendment Act 2019 Section 142(4) replaced 8 May 2019 section 6(2) Fire and Emergency New Zealand (Levy) Amendment Act 2019 Section 142(4)﻿(b) replaced 6 April 2023 section 14 Fire and Emergency New Zealand (Levy) Amendment Act 2023 Section 142(5) replaced 8 May 2019 section 6(2) Fire and Emergency New Zealand (Levy) Amendment Act 2019
143: Consultation about levy regulations
1: The Minister must be reasonably satisfied that subsections (2) to (4) determination under section 142(3)
2: FENZ must consult levy payers, policyholders, and any other persons that FENZ considers are likely to be substantially affected, or their representatives, about—
a: the proposed regulations; and
b: the activities that FENZ proposes to undertake in the period to which the proposed regulations relate.
3: FENZ must publish a notice that—
a: describes the activities that FENZ proposes to undertake in the period; and
b: sets out the estimate of FENZ’s net costs and the proposed rates of levy; and
c: sets out the methods and any assumptions leading to the estimate and to the proposed rates of levy; and
d: invites written comments, to be provided to FENZ in the manner and by the date specified in the notice, on—
i: the activities that FENZ proposes to undertake in the period; and
ii: the rates of levy.
4: FENZ must consider any comments received under subsection (3)
5: Regulations made under section 141
a: subsections (2) to (4) made a determination under section 142(3)
b: the consultation carried out was about a specific rate or specific rates of levy that differ from the rate or rates set in the regulations. 2012 No 2 s 60 Section 143(1) amended 8 May 2019 section 7(1) Fire and Emergency New Zealand (Levy) Amendment Act 2019 Section 143(5)﻿(a) amended 8 May 2019 section 7(2) Fire and Emergency New Zealand (Levy) Amendment Act 2019
4: Miscellaneous and enforcement provisions
1: Agreements with Department of Conservation, New Zealand Defence Force, and Ministry of Education
Provisions relating to Department of Conservation
144: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— additional land conservation area
a: has the same meaning as in section 2(1)
b: includes land being managed under section 61 section 62
c: does not include any marginal strip as defined in section 2(1) public conservation land
a: subject to paragraph (b), means—
i: any conservation area; and
ii: any national park within the meaning of the National Parks Act 1980
iii: any government purpose reserve within the meaning of section 22 section 16
iv: any other land or class of land (whether or not vested in or administered by the Crown) previously declared by the Minister of Conservation by notice in the Gazette Forest and Rural Fires Act 1977
v: 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
b: unless declared to be public conservation land by notice in the Gazette paragraph (a)﻿(v)
i: any conservation area for the time being expressly excluded from public conservation land by the Director-General of Conservation by notice in the Gazette
ii: any land reserved from sale or other disposition under Part 4A
iii: any reserve within the meaning of the Reserves Act 1977
iv: any government purpose reserve within the meaning of section 22 section 16
v: any local purpose reserve within the meaning of section 23
vi: any easement acquired and held for conservation purposes under section 7(2)
vii: any right of way or other easement acquired for the purposes of section 12
viii: any lands of the Crown within the meaning of section 176
ix: the common marine and coastal area (as defined in section 9(1)
x: reclaimed land vested in the Crown under section 30 31
145: Policy for fire control in relation to public conservation land and additional land
1: FENZ and the Director-General of Conservation must take all reasonable steps to agree on any policy for fire control services that relate to, have an impact on, or have implications for public conservation land and additional land.
2: The policy must be published and maintained on 1 or more Internet sites maintained by, or on behalf of, FENZ and the Department of Conservation.
3: The policy comes into force on the date that FENZ and the Director-General of Conservation agree that the policy should come into force.
146: Review of policy for fire control in relation to public conservation land and additional land
After any policy referred to in section 145
147: Agreement with Department of Conservation
FENZ and the Department of Conservation must take reasonable steps to enter into a 3-yearly operational service agreement that sets out—
a: the designated services that FENZ will deliver to the Department of Conservation; and
b: the fire control services that the Department of Conservation will deliver to FENZ. Provisions relating to New Zealand Defence Force
148: Agreement with New Zealand Defence Force
FENZ and the New Zealand Defence Force must take reasonable steps to enter into a 3-yearly operational service agreement that sets out—
a: the designated services that FENZ will deliver to the New Zealand Defence Force; and
b: the designated services that the New Zealand Defence Force will deliver to FENZ.
149: Functions, duties, and powers of Chief of Defence Force in relation to defence area
1: The Chief of Defence Force has, in relation to any defence area, all the functions, duties, and powers of—
a: the board; and
b: an authorised person under sections 38 to 45
2: Subsection (1) 1975 No 42 s 36A(2) Section 149(1)﻿(b) amended 30 November 2022 section 50 Statutes Amendment Act 2022
150: Command of defence fire brigade and any other personnel
1: Every agreement entered into between the Chief of Defence Force and FENZ under section 148
2: If the Chief of Defence Force has been vested with a command in accordance with subsection (1) sections 38 to 45 1975 No 42 s 36A(3), (4) Section 150(2) amended 30 November 2022 section 51 Statutes Amendment Act 2022 Provision relating to Ministry of Education
151: Memorandum of understanding with Ministry of Education
1: FENZ and the Ministry of Education may enter into a memorandum of understanding that records the way in which FENZ and the Ministry of Education will work together in relation to—
a: FENZ’s main and additional functions in relation to land and buildings held by the Ministry for educational purposes; and
b: any obligations, under this Act or regulations made under this Act, of the Ministry and other owners and occupiers of land and buildings used for educational purposes; and
c: fire safety education and educational materials related to fire safety.
2: A notice published in the Gazette
a: include the contents of the memorandum of understanding in their entirety; or
b: provide a general description of the memorandum of understanding and provide an indication of where the full text of memorandum of understanding may be obtained.
2: Offences
Infringement offences
152: Proceedings for infringement offence
1: If a person is alleged to have committed an infringement offence, that person may—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice under section 153
2: Proceedings commenced in the way described in subsection (1)﻿(a) section 21(1)﻿(a)
153: Infringement notices
1: An authorised person may issue an infringement notice to a person if the authorised person believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
2: The authorised person may—
a: deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence; or
b: send the notice by post addressed to that person’s last known place of residence or business or postal address.
3: An infringement notice (or a copy of it) sent by post to a person is to be treated as having been served on that person when it was posted.
4: An infringement notice and infringement offence reminder notice must be in the prescribed form and must contain the following particulars:
a: the details of the alleged infringement offence that are sufficient to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: in relation to the payment of the infringement fee,—
i: the bank account into which the infringement fee may be paid; or
ii: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed.
5: If an infringement notice has been issued under this section and the authorised person wishes to proceed, the procedure under section 21
154: Power of authorised person to demand information
1: An authorised person who believes on reasonable grounds that a person is committing, or has committed, an infringement offence, may require the person to provide the following particulars for the purpose of issuing the person with an infringement notice:
a: the person’s full name:
b: the person’s residential, business, or postal address:
c: any other relevant information.
2: However, nothing in subsection (1)﻿(c) section 60
3: An authorised person who believes on reasonable grounds that the particulars provided under subsection (1)
4: A person who has been required by any authorised person to provide any particulars or evidence under this section commits an offence if the person, without reasonable excuse,—
a: refuses or fails to provide the particulars or evidence; or
b: provides any particulars or evidence knowing that the particulars or evidence are false in a material respect.
5: A person who commits an offence under this section is liable on conviction to a fine not exceeding $10,000.
155: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Other offences
156: Offence to impersonate personnel with intent to deceive
1: A person commits an offence if, with intent to deceive, the person pretends to be—
a: operational personnel; or
b: a FENZ inspector; or
c: a person who works for any brigade.
2: A person who commits an offence under this section is liable on conviction to a term of imprisonment not exceeding 2 months or to a fine not exceeding $25,000, or both. 1975 No 42 s 88(1)﻿(g)
157: Offence to knowingly give false alarm of fire
1: A person commits an offence if the person knowingly gives or causes to be given to any personnel or brigade any false alarm of fire.
2: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or to a fine not exceeding $75,000, or both; or
b: in any other case, to a fine not exceeding $150,000. 1975 No 42 s 88(1)﻿(c)
158: Offence to interfere with exercise of powers and duties under Act
1: A person commits an offence if the person knowingly obstructs, hinders, resists, or deceives a FENZ inspector or an authorised person in the performance or exercise by that officer or person of powers or duties under this Act.
2: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years or to a fine not exceeding $300,000, or both; or
b: in any other case, to a fine not exceeding $600,000.
159: Offence to knowingly or recklessly store spontaneously combustible material in breach of requirements
1: A person commits an offence if the person knowingly or recklessly stores spontaneously combustible material in breach of requirements under this Act or under regulations made under section 187 191
2: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or to a fine not exceeding $75,000, or both; or
b: in any other case, to a fine not exceeding $150,000. SR 2005/153 r 54
3: Liability-related provisions
160: Damage in firefighting to be damage by fire within meaning of contract of fire insurance
1: Damage to property must be treated as damage by fire within the meaning of any contract of fire insurance covering the damaged property if—
a: the damage is caused by an authorised person or any other personnel ( A
b: the damage is caused during—
i: the performance in good faith of A’s functions or duties; or
ii: the exercise in good faith of A’s powers at, or in connection with, any fire or suspected fire.
2: However,—
a: if any fire or suspected fire is a natural disaster within the meaning of the Earthquake Commission Act 1993
b: if any damage to property is natural disaster damage, the damage must be treated as damage by natural disaster.
3: In this section, natural disaster damage section 2(1) 1975 No 42 s 42
161: Limitation of liability
1: No proceeding may be taken against any of the following to recover damages for any loss or damage to property resulting from any act or omission of a specified person resulting from the performance, or intended performance, or the exercise or intended exercise, in good faith of that person’s functions, duties, or powers in relation to designated services under any relevant fire safety legislation or any other enactment:
a: the Crown:
b: FENZ:
c: the board:
d: any FENZ personnel:
e: any other person.
2: However, nothing in this section releases or exonerates any person from, or in any way affects the liability of any person for, any damage to property caused by, or in connection with, the use of any fire engine or other motor vehicle for transport purposes.
3: Subsections (1) and (2) section 121
4: In this section, specified person
a: an authorised person:
b: any personnel:
c: any other person. 1975 No 42 s 43(1), (1A)
162: Defences in actions or proceedings relating to designated services
1: This section applies in any relevant proceeding taken against any of the following in relation to the delivery of designated services:
a: FENZ:
b: the board:
c: any FENZ personnel:
d: any authorised person.
2: The defendant has a defence if the defendant proves that the defendant had complied with all relevant policies, standards, and operational instructions of FENZ or the board.
3: In this section, relevant proceeding
a: the prevention of fire:
b: the suppression and extinguishment of fire:
c: the protection of property endangered by fire:
d: the delivery of designated services, where required,—
i: to protect and preserve life:
ii: to prevent or limit injury:
iii: to prevent or limit damage to property and land:
iv: to prevent or limit damage to the environment. 1975 No 42 s 43(2)
163: Application of sections 120 to 126 of Crown Entities Act 2004 to volunteers
Sections 120 to 126 1975 No 42 s 43(3)
164: Damage and liability provisions in relation to defence fire brigades
1: Sections 160 161
a: every reference to FENZ or the board were also a reference to the Chief of Defence Force; and
b: every reference to FENZ personnel or to any other person were also a reference to personnel of a defence fire brigade.
2: However, in any relevant proceeding in relation to delivery of designated services in an emergency, it is a defence to prove that—
a: any provision made for the prevention of fire, the suppression and extinguishment of fire, and the protection of property endangered in fire was made in accordance with standards approved by the Chief of Defence Force; and
b: the personnel of the defence fire brigade concerned complied with all relevant requirements and instructions of the Chief of Defence Force. 1975 No 42 s 36A(5)
4: Powers of entry, inspection, and search
165: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— compliance power issuing officer section 3(1) post-incident analysis pre-incident planning
a: means planning for the purposes of FENZ’s delivery of designated services in an emergency; and
b: includes planning for the purposes of—
i: evacuation of persons from any land or building; and
ii: other matters relating to the protection of human life.
166: Appointment of FENZ inspectors
1: FENZ may, by notice in writing, appoint any of the following as a FENZ inspector:
a: FENZ personnel:
b: an employee of a department (within the meaning of the Public Service Act 2020
c: a public service employee as defined in section 65
d: a statutory officer:
e: a prescribed person:
f: any other person who FENZ is satisfied—
i: is suitably qualified and trained to exercise any or all of the powers of, and carry out any or all of the duties of, a FENZ inspector under relevant fire safety legislation; or
ii: belongs to a class of persons who are suitably qualified and trained to exercise any or all of the powers of, and carry out any or all of the duties of, a FENZ inspector under relevant fire safety legislation.
2: A FENZ inspector’s compliance powers are subject to any conditions or limitations specified in the notice of the inspector’s appointment.
3: However, the exercise of a compliance power by a FENZ inspector is not invalid merely because it does not comply with the conditions specified in the notice of the inspector’s appointment.
4: In this section, statutory officer
a: holds or performs duties of an office established by an enactment; or
b: performs duties expressly conferred on the person because of his or her office by an enactment. 2015 No 70 s 163 Section 166(1)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 166(1)﻿(c) replaced 7 August 2020 section 135 Public Service Act 2020
167: Identity cards
1: FENZ must give each FENZ inspector an identity card that—
a: states the person’s name and appointment as a FENZ inspector; and
b: includes any other prescribed matter.
2: A FENZ inspector must, when exercising compliance powers, produce his or her identity card for inspection on request.
3: A person who ceases to be a FENZ inspector must as soon as practicable return the identity card to FENZ. 2015 No 70 s 164
168: Suspension and ending of appointment of FENZ inspectors
1: FENZ may suspend or end the appointment of a FENZ inspector at any time.
2: To avoid doubt, a person’s appointment as a FENZ inspector ends when the person ceases to be eligible for appointment as a FENZ inspector. 2015 No 70 s 165
169: FENZ inspectors subject to directions from FENZ
1: A FENZ inspector (whether or not an employee) is subject to directions from FENZ in the exercise of the inspector’s compliance powers.
2: A direction may be of a general nature or may relate to a specified matter or specified class of matter.
3: A failure to comply with a direction does not invalidate the exercise of a FENZ inspector’s compliance power. 2015 No 70 s 166
170: Powers of entry and inspection
1: A FENZ inspector may, at any reasonable time, enter and inspect any land or building.
2: The purpose of entry and inspection under this section is to do 1 or more of the following:
a: obtain information necessary for pre-incident planning:
b: assess compliance with the requirements under any relevant fire safety legislation:
c: conduct post-incident analysis.
3: This section is subject to section 171
4: The provisions of Part 4 subpart 3 sections 118 119 1975 No 42 s 29 s 168
171: Power to enter homes and marae
1: A FENZ inspector must not, except with the consent of an occupier or under a warrant, enter any land or building that is a home or a marae or a building associated with a marae.
2: An issuing officer may, on an application made by a FENZ inspector in the manner provided in subpart 3
a: may be the site of an emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to carry out inspection for pre-incident planning; or
b: may be the site of any other emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to exercise compliance powers; or
c: has been the site of an emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to conduct post-incident analysis.
3: A warrant issued under subsection (2) authorises a FENZ inspector to exercise only the powers specified in sections 170 173 174 Part 4 sections 118 119
4: Any exercise of the power of entry at a marae or a building associated with a marae must take account of the kawa of the marae so far as practicable in the circumstances.
5: The provisions of Part 4 sections 118 119 2015 No 70 s 169
172: Power to deal with cause of imminent danger
1: This section applies if a FENZ inspector who enters any land or a building under section 170 171 the thing that is the cause of imminent danger
2: The FENZ inspector may seize, destroy, suppress, or take a sample of the thing that is the cause of imminent danger.
3: The FENZ inspector must,—
a: before exercising the power under subsection (2), if it is practicable to do so,—
i: obtain the consent of the owner or occupier of the land or building; and
ii: take a sample of the thing that is the cause of imminent danger; and
b: as soon as practicable after exercising the power under subsection (2), give the owner or occupier of the land or building written notice of the action taken in relation to the cause of imminent danger.
4: The provisions of Part 4 subpart 3 sections 118 119 2015 No 70 s 170
173: Power to take samples and other objects and things
1: A FENZ inspector who enters any land or a building under section 170 171
a: take or remove a sample of any material, substance, or thing for analysis:
b: seize and retain any material, substance, or thing for the purpose of—
i: assessing compliance with the requirements under relevant fire safety legislation; or
ii: conducting post-incident analysis.
2: A FENZ inspector may exercise the power set out in subsection (1) only after he or she has given the person from whom the material, substance, or thing is proposed to be seized the opportunity, if it is practicable to do so, to surrender the material, substance, or thing to the inspector.
3: Despite subsection (2), a FENZ inspector may exercise the power set out in subsection (1), if—
a: it is not practicable to give the person the opportunity to surrender the material, substance, or thing; or
b: having given the person the opportunity to surrender the material, substance, or thing, the person has refused or failed to surrender the material, substance, or thing.
4: The provisions of Part 4 subpart 3 sections 118 119
5: To avoid doubt, subsection (1) does not authorise a FENZ inspector to search any person. 2003 No 51 s 336 s 172
174: Power of FENZ to authorise making of applications for search warrants
1: FENZ may authorise a specified person to enter and search any land or building, vehicle, or other thing if FENZ is satisfied that there are reasonable grounds to believe that an offence has been committed against this Act or regulations made under this Act or any other relevant fire safety legislation and that the search will find evidential material in or on any part of the land or building, vehicle, or thing.
2: The specified person may enter and search the land or building, vehicle, or other thing if—
a: the owner or occupier of the land or building, or the person in charge of the vehicle or thing (as the case may be) consents; or
b: the specified person obtains a warrant under subsection (3).
3: An issuing officer may issue a search warrant in relation to any land or building, vehicle, or other thing, on an application made in the manner provided by subpart 3
4: In this section, specified person
a: a FENZ inspector; or
b: FENZ personnel; or
c: any other person who FENZ is satisfied—
i: is suitably qualified and trained to act under this section; or
ii: belongs to a class of persons who are suitably qualified and trained to act under this section.
5: The provisions of subpart 2 Part 4 sections 118 119 2015 No 70 s 173
175: Power to restrict or prohibit entry to sites
1: A FENZ inspector, or, until the arrival of a FENZ inspector, an authorised person, may prohibit or restrict access of persons or classes of persons to any land or building that is the site of an emergency if the FENZ inspector or authorised person (as the case may be) believes on reasonable grounds that it is necessary—
a: to preserve or record evidence in relation to the emergency; or
b: to prevent the tampering with, or alteration, mutilation, or destruction of, any thing involved in any manner in the emergency.
2: The prohibition or restriction on access to any land or building may apply only for a period that is no longer than is reasonably necessary in the circumstances to meet the objectives set out in subsection (1). 1994 No 104 s 59(a)
176: Application to FENZ for access to sites to which entry is prohibited or restricted
1: Any of the persons described in subsection (2) may apply, by written notice, to FENZ for access to any land or building to which entry is prohibited or restricted under section 175
2: The persons are—
a: the owner of the land or building:
b: the occupier of the land or building immediately before access to the land or building was prohibited or restricted:
c: the insurer (including a duly authorised agent of the insurer) of the land or building.
3: FENZ may grant an application for access to any land or building—
a: unconditionally; or
b: on reasonable conditions.
4: FENZ may refuse an application if FENZ has reasonable grounds to believe that granting access to any land or building may—
a: prejudice the preservation or recording of evidence in relation to the emergency; or
b: lead to the tampering with, or alteration, mutilation, or destruction of, any thing involved in any manner in the emergency.
5: If FENZ refuses an application, FENZ must inform the applicant of the decision in writing. 2012 No 24 s 156
177: Application to District Court for access to sites to which entry is prohibited or restricted
1: A person described in section 176(2) section 175 section 176
a: has been refused; or
b: has been granted, but subject to conditions that the applicant does not accept.
2: The District Court may—
a: grant the application; or
b: refuse the application on the ground that allowing the person to have access to the land or building or varying or cancelling the conditions concerned is likely to—
i: prejudice the preservation or recording of evidence in relation to the emergency; or
ii: lead to the tampering with, or alteration, mutilation, or destruction of, any thing involved in any manner in the emergency.
3: The District Court may require sureties and impose conditions if it grants an application. 2012 No 24 s 158
5: Dispute resolution
178: Duty to develop dispute resolution scheme
1: FENZ must develop a dispute resolution scheme for resolving disputes on any matter under this Act or regulations made under this Act other than the disputes set out in subsection (2).
2: The excluded disputes are—
a: an employment dispute that may be dealt with under the Employment Relations Act 2000
b: a dispute relating to offences under this Act:
c: a dispute relating to the performance or exercise of a function, duty, or power by a Minister:
d: a dispute relating to Part 3
e: any other dispute of a kind specified under section 180(1)﻿(c)
179: Principles of dispute resolution scheme
The development of the dispute resolution scheme must be guided by, and the dispute resolution scheme must be based on, the following principles:
a: accessibility:
b: independence:
c: fairness:
d: accountability:
e: efficiency:
f: effectiveness.
180: Content of rules of dispute resolution scheme
1: The rules of the dispute resolution scheme developed and approved under this subpart may provide for 1 or more of the following:
a: the appointment of a person to be responsible for the administration of the scheme (the administrator
b: who may apply for a dispute to be resolved using the scheme and how the application may be made:
c: the jurisdiction of the scheme, including specifying the kinds of disputes that may not be resolved using the scheme:
d: the circumstances in which the scheme may or must refuse to deal with a dispute or may or must stay or dismiss a proceeding relating to a dispute, including, for example, where the administrator considers that an application—
i: is frivolous or vexatious; or
ii: involves events that occurred more than a specified period before the application was made; or
iii: involves a dispute that would be more appropriately dealt with by the courts (for example, because it involves difficult issues of law):
e: the circumstances in which and the manner in which a dispute may or must be investigated under the scheme:
f: the information that may be considered in relation to a dispute:
g: how the dispute may or must be otherwise dealt with and considered under the scheme (which may, for example, include a tiered process for resolving disputes by mechanisms such as negotiation, conciliation, or mediation or by a decision made by an adjudicator or any other decision maker):
h: the remedial action that can be imposed on a party to resolve a dispute, which may include, for example, an order to—
i: comply with a requirement under the Act or the regulations:
ii: remedy or avoid the breach or likely breach of a requirement under the Act or the regulations:
iii: avoid any further breach of a requirement under the Act or the regulations:
iv: compensate a party to the dispute:
v: provide non-monetary redress for any loss or damage suffered by a party to the dispute or to take any other action to remedy the matter complained about:
i: how remedial action may be enforced:
j: the functions, duties, and powers of persons who act on behalf of the scheme (for example, a mediator or an adjudicator):
k: the payment of costs incurred by a party in connection with a proceeding before the scheme:
l: the review of a decision made by an adjudicator or any other decision maker:
m: any other matters prescribed by regulations made under section 187
2: The rules must ensure that disputes are dealt with and considered under the scheme in a way that is—
a: consistent with the rules of natural justice; and
b: fair and reasonable in the circumstances.
3: The resolution of a dispute under the dispute resolution scheme is binding on all parties to the dispute only if—
a: the resolution is an order or another decision of an adjudicator or any other decision maker that is made under an adjudication or another determinative process; or
b: the resolution is produced by mediation or another process undertaken by or on behalf of the scheme whose outcome the parties to the dispute have agreed will be binding.
4: However, an order or another decision of an adjudicator or any other decision maker made under the dispute resolution scheme must not—
a: require a person to pay an amount exceeding $15,000:
b: declare that a person is not liable to any other person for an amount exceeding $15,000:
c: vest any property that exceeds $15,000 in value in any person:
d: direct the transfer, assignment, or delivery of possession of any property that exceeds $15,000 in value.
181: Consultation
1: FENZ must, before applying for the approval of the dispute resolution scheme, consult the persons or representatives of the persons that are likely to be substantially affected by the approval of the scheme.
2: A failure to comply with subsection (1) does not affect the validity of the dispute resolution scheme.
182: Approval and rules of dispute resolution scheme
1: After developing a dispute resolution scheme in accordance with this subpart, FENZ must apply to the Minister for approval of the scheme.
2: Before approving a dispute resolution scheme, the Minister must be reasonably satisfied that—
a: FENZ has developed the scheme in accordance with this subpart; and
b: the scheme is consistent with the principles set out in section 179
3: FENZ may make the rules of the scheme only after the Minister has approved the scheme.
4: The dispute resolution scheme comes into effect on the day after the rules are published ( see
5: FENZ may not amend the rules, or revoke and replace them, unless the Minister has approved the amendment or revocation and replacement, in which case subsection (2) applies with all necessary modifications.
6: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on a website maintained by, or on behalf of, FENZ Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 182 heading replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 182(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 182(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 182(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 182(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
183: Participation is voluntary
1: No person is required to participate in the resolution of a dispute using the dispute resolution scheme.
2: However,—
a: a person who appeals under section 35 63 66
b: a person who agrees to participate in the resolution of a dispute using the scheme must participate in accordance with the rules of the scheme:
c: if FENZ is a party to a dispute described in paragraph (a) or (b), FENZ must participate in accordance with the rules of the scheme.
3: This section is subject to section 185
184: Other proceedings
1: Nothing in this subpart affects the right of any person to—
a: apply for judicial review:
b: commence any other proceeding in any court or tribunal.
2: If a proceeding relating to any conduct is commenced in a court or tribunal, a proceeding before the dispute resolution scheme relating to the same conduct is stayed (unless the court or tribunal orders otherwise).
185: District Court to enforce dispute resolution scheme
1: The District Court may, on the application of a party to a dispute or the administrator, make an order—
a: requiring a party to comply with the rules of the dispute resolution scheme; or
b: to give effect to any resolution that is binding under section 180(3)
2: If an order of an adjudicator or any other decision maker made under the dispute resolution scheme requires a party to pay an amount to any person, that order may be enforced as if it were a judgment by the District Court for the payment of that amount to that person.
3: If the District Court is satisfied that the terms of the resolution of a dispute under the dispute resolution scheme are manifestly unreasonable, the court may modify the resolution before giving effect to it.
4: Subsection (3) overrides subsections (1) and (2) and section 180(3)
186: Appeals
1: A person who is aggrieved by the decision made by an adjudicator or any other decision maker under the dispute resolution scheme may appeal to the District Court.
2: An appeal must be brought—
a: in accordance with the rules of court; and
b: within—
i: 20 working days after the date of the decision; or
ii: any further time the court allows on application made before or after that period expires.
6: Regulations
187: General regulation-making power
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: Fees and charges
a: prescribing fees and charges payable in respect of any matter under this Act or the manner in which fees and charges may be calculated: Dispute resolution scheme
b: prescribing the kinds of disputes excluded from the dispute resolution scheme and other matters for the purposes of section 180(1)﻿(m) Offences and penalties
c: creating offences in respect of the contravention of regulations made under this Act or the contravention of a provision of this Act and providing for the imposition of fines, which must not exceed—
i: $15,000, in the case of an individual:
ii: $30,000, in any other case: Infringement offences
d: prescribing infringement offences for the purposes of this Act and regulations made under this Act:
e: setting the infringement fee payable for an infringement offence, which must not exceed—
i: $1,000, in the case of an individual:
ii: $5,000, in any other case:
f: setting different infringement fees for different infringement offences or in respect of different persons or individuals:
g: prescribing the form of infringement notices and infringement offence reminder notices: Definitions
h: prescribing other purposes for the purposes of the definition of fire as a land management tool in section 6
i: prescribing a place or thing, or a type of place or thing, for the purposes of the definition of fire in open air in section 6 section 61
j: specifying a material or class of material as spontaneously combustible material for the purposes of section 159 Public notification
k: prescribing requirements relating to the giving of public notice of any document or other matter: Forms
l: prescribing the information that must be contained in forms for the purposes of this Act: General
m: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations made under this Act may apply—
a: generally throughout New Zealand or in particular areas of New Zealand only; and
b: generally over a range of circumstances or in particular circumstances only.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 187(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
188: Regulations relating to operating processes for local advisory committees
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for specifying requirements on, and operating processes for, local advisory committees, including 1 or more of the following:
a: notification of meetings:
b: notification of membership and changes in membership:
c: nomination and appointment of members:
d: meeting procedures:
e: development of specified policies:
f: processes for recording disagreements between members:
g: performance management of committees or individual members.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 188(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
189: Regulations relating to fire plans
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations relating to fire plans, including—
a: prescribing the content of fire plans; and
b: prescribing the consultation that FENZ must undertake in relation to the content of fire plans.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 189(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
190: Regulations relating to permits for fires in open air
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations relating to the grant of permits by FENZ to allow for the lighting of fires in open air that would otherwise be prohibited under Part 2
2: Regulations made under subsection (1) may be made for 1 or more of the following purposes:
a: providing for the application for permits and for the grant, renewal, variation, cancellation, surrender, and expiry of permits:
b: prescribing conditions that attach to every permit, or to every permit of a particular type:
c: prescribing conditions or the type of conditions that FENZ may attach to a permit or to a type of permit:
d: prescribing the circumstances in which permits or a type of permit may or may not be granted.
3: The Minister must not make any recommendation under subsection (1) unless the Minister has received a recommendation from FENZ.
4: In addition to the matters referred to in section 187(2)
5: FENZ may require a person who has applied for a permit to supply further relevant information before determining whether or not to grant the permit.
6: Regulations made under this section must not permit FENZ to grant a permit for the purposes of—
a: section 53
b: section 57
i: FENZ considers that the permit is necessary to prevent, reduce, or overcome any hazard to life or because of any other serious emergency; or
ii: weather or other conditions have temporarily reduced the fire hazard so as to make it apparently safe to light a fire.
7: A permit granted under regulations made under this section expires 5 years after the date on which the permit was issued (unless the permit or the regulations provide for the permit to expire sooner).
8: The grant of a permit under regulations made under this section does not—
a: relieve the permit holder from liability for any actionable damage sustained by any other person as a consequence of any act, matter, or thing done by the permit holder under the permit; or
b: impose on FENZ any liability because of the grant of the permit.
9: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 190(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
191: Regulations relating to fire safety and evacuation procedures in relation to buildings
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations relating to 1 or more matters specified in subsection (2).
2: Regulations under subsection (1) may be made prescribing duties in relation to specified types of buildings, relating to—
a: the maintenance of escape routes in buildings (including the duty to keep escape routes free of flammable materials):
b: having evacuation procedures in place:
c: the taking of fire prevention precautions for systems and appliances in buildings:
d: controls on open flames in buildings:
e: the packing and unpacking of goods in flammable packaging materials inside buildings:
f: the storage of spontaneously combustible materials inside and outside of buildings:
g: the storage of goods in flammable packaging materials inside and outside of buildings.
3: A building owner commits an offence if the owner knowingly fails to maintain a means of escape from fire in the building if the building is of a kind prescribed for the purposes of this provision by regulations made under subsection (1).
4: A person who commits an offence under subsection (3) is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or to a fine not exceeding $75,000, or both; or
b: in any other case, to a fine not exceeding $150,000.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 191(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
192: Regulations relating to evacuation schemes for relevant building
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: specifying,—
i: for the purposes of section 75
ii: for the purposes of section 75
b: prescribing, for the purposes of sections 75 76
i: the matters to be included in an evacuation scheme:
ii: requirements for evacuation schemes for any relevant building or class of relevant building:
iii: the process for approval of evacuation schemes, including the notification requirements on FENZ if—
A: section 76(3)
B: FENZ decides that an evacuation scheme is not necessary:
c: prescribing, for the purposes of section 76
d: prescribing, for the purposes of section 78
2: In this section, relevant building section 75
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 192(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: General provisions
193: Status of FENZ under Reserves Act 1977
FENZ must be treated as if it were a local authority for the purposes of the Reserves Act 1977 1975 No 42 s 4(7)
194: FENZ may acquire or take and hold land under the Public Works Act 1981
1: FENZ may acquire or take and hold any land that is reasonably necessary for the purposes of any work that FENZ is empowered to undertake under this Act or for carrying out any of the purposes of this Act.
2: For the purposes of subsection (1), FENZ must be treated as if it were a local authority within the meaning of Part 2
3: Any land, any particular estate or interest in land, or any easement over land acquired or taken and held under subsection (1) vests in FENZ.
4: In this section, land section 2 1975 No 42 ss 4(7) 61
8: Repeals, revocations, and consequential amendments
195: Repeals
The following Acts are repealed:
a: Fire Service Act 1975
b: Forest and Rural Fires Act 1977 2017-07-01 Fire Service Act 1975 Forest and Rural Fires Act 1977 Fire Service Levy Order 1993 Fire Service Regulations 2003 Forest and Rural Fires Regulations 2005 Rural Fire Fighting Fund Regulations 1992 Biosecurity Act 1993 Building Act 2004 Civil Defence Emergency Management Act 2002 Crown Entities Act 2004 Electricity Act 1992 Employment Relations Act 2000 Gas Act 1992 Goods and Services Tax Act 1985 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Safety at Work Act 2015 Inquiries Act 2013 Land Transport Act 1998 Land Transport Management Act 2003 Local Authorities (Members’ Interests) Act 1968 Local Government Act 1974 Local Government Act 2002 Marine and Coastal Area (Takutai Moana) Act 2011 Ombudsmen Act 1975 Radiation Safety Act 2016 Resource Management Act 1991 Sale and Supply of Alcohol Act 2012 Search and Surveillance Act 2012 Sentencing Act 2002 Summary Proceedings Act 1957 Education (Early Childhood Services) Regulations 2008 Education (Hostels) Regulations 2005 Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 Land Transport (Road User) Rule 2004 National Civil Defence Emergency Management Plan Order 2015 Resource Management (National Environmental Standards for Air Quality) Regulations 2004 Traffic Regulations 1976 Sections 195,196.197,198,199 — refer s 2(7) for commencement
196: Revocations
The following legislative instruments are revoked:
a: Fire Service Levy Order 1993
b: Fire Service Regulations 2003
c: Forest and Rural Fires Regulations 2005
d: Rural Fire Fighting Fund Regulations 1992
197: Consequential amendments
Amend the enactments specified in Schedule 2
198: Amendments to Local Government Act 2002
Sections 199 200 Local Government Act 2002
199: New section 152B inserted (Effect of Fire and Emergency New Zealand Act 2017 on bylaws)
After section 152A
152B: Effect of Fire and Emergency New Zealand Act 2017 on bylaws
1: If a territorial authority is satisfied, after consultation with Fire and Emergency New Zealand, that it is appropriate to amend or revoke a relevant fire bylaw, the territorial authority may, despite anything in this Act, amend or revoke the bylaw by resolution publicly notified without being required to—
a: consult in accordance with section 82
b: use the special consultative procedure set out in section 83
2: In subsection (1) relevant fire bylaw
a: relates to the removal of fire hazards; or
b: declares prohibited or restricted fire seasons; or
c: prohibits or otherwise regulates or controls the lighting of fires in open air; or
d: relates to the prevention of the spread of fires involving vegetation.
3: If any bylaw made by a territorial authority is inconsistent with the Fire and Emergency New Zealand Act 2017 or any regulations or notice under that Act,—
a: the Act, regulations, or notice prevails and the bylaw has no effect to the extent of the inconsistency; and
b: the territorial authority must amend or revoke the bylaw to remove the inconsistency.
4: The territorial authority may, despite anything in this Act, amend or revoke the bylaw to remove the inconsistency by resolution publicly notified, without being required to—
a: consult in accordance with section 82
b: use the special consultative procedure set out in section 83
5: A territorial authority must not make a bylaw that is inconsistent with the Fire and Emergency New Zealand Act 2017 or any regulations or notice under that Act.
200: Sections 183 and 184 and cross-heading above section 183 repealed
Repeal sections 183 184 2018-07-01 Local Government Act 2002 Section 200 — refer s 2(4)﻿(b) for commencement