1982
Act
Information
Official
the
under
Released
Parties
New Zealand Fire Service and New Zealand National Rural Fire Authority (Sponsors)
Australian Fire and Emergency Service Authorities Council (AFAC)
1982
1
Review Services
1.1
AFAC agrees to provide the Review Services to the Sponsors for the Term in accordance
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with the terms of this Agreement.
2
Manner of delivery
2.1
The Review Services will be delivered:
2.1.1
by the Specffled Personnel;
2.1.2
in accordance with the Terms of Reference and the reasonable directions of the
Sponsors;
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2.1.3
with due care, skill and diligence, and In accordance with good industry practice
as would be expected from AFAC; and
2.1.4
in an efficient and cost effective manner.
3
Specified Person
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3.1
Each party warrants that:
the
--3.1.1
It has obtained all authorisations and has done .. alUhlngs necessary in order to
enter Into this Agreement and to perform Its obligations under this Agreement;
and
3.1.2
It Is not aware of anything which will, or might be reasonably expected to,
prevent or Impair that party from performing Its obligations under this
under
Agreement, in the manner and at the times contemplated by this Agreement.
3.2
AFAC warrants that the Specified Person has the necessary skills, experience, training
and resources to successfully deliver the Review Services in accordance with this
Agreement.
3.3
· The parties agree that the Review Services are deHverea by the Specified Personnel as a
representative of AFAC and not as a representative of the Sponsors. Neither AFAC nor
DELWP Victoria may direct the Specified Personnel In the delivery of the Review Services
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during the period of the Review.
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3.4
If the Specified Person is unable to deliver the Review Services on behalf of AFAC, AFAC
will substitute the Specified Person with an employee of commensurate experience
agreed by the Sponsors in writing.
4
No Employment, Partnership or Agency relationship
4.1
No
relationship of employment, partnership or agency is created between the Specified
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Personnel and the Sponsors by virtue of this Agreement, or by virtue of the delivery of the
Review Services.
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4.2
The Specified Personnel remains employed by DELWP Victoria (seconded to AFAC}
throughout the period of the delivery of the Review Services and is bound by AFAC's
terms, policies and processes.
4.3
AFAC is required to maintain appropriate Insurance coverage in respect of the Specified
Personnel, In accordance with legislation covering such arrangements relevant to the
subject matter of this Agreement.
5
Non-disclosure of Information
Information
5.1
The Specified Personnel must at all times, including after the completion of the delivery of
the Reviewers, not disclose Information or make any statement to any person or
organisation in respect of any matter that has been acquired by the Specified Personnel
as a result of the Review except in accordance with the Terms of Reference or with the
express written approval of the Sponsors. In giving such written approval, the Sponsors
may impose such terms and conditions as they consider frt.
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5.2
The Sponsors may at
any time require the Specified Personnel to give written
undertakings, In a form acceptable to the Sponsors, relating to the non-disclosure of
confidential lnfonnation.
the
6
Dally rate, hours and assistance
6.1
The Sponsors agrees to pay AFAC the Dally Rate for the Services and to reimburse the
actual and reasonable expenses Incurred by the Specified Person in the proper course of
providing the Review Services.
under
6.2
The Specified Personnel may be reasonably required to work such hours, greater than
their regular working hours, as necessary to meet the requirements of the delivery of the
Review Services In the manner set out In the Terms of Reference.
7
Salary and benefits
7.1
The Specified Personnel will remain an employee of DELWP Victoria (seconded to AFAC)
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during the period of the Review. AFAC and DELWP Victoria (as the case may be) wlll
continue to pay to the Specified Personnel all salary and other benefits, Including leave
entitlements.
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8
Leave
8.1
The Specified Personnel's rights in respect of aMual leave, long service leave and sick
leave with AFAC and DELWP (as the case may be) will remain unaffected.
8.2
The Sponsors wlll Inform AFAC of any annual or sick leave and sick leave so that AFAC
may update Its personal records.
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8.3
The Dally Rate will not be payable for days or part days where the Specified Personnel
takes annual leave, long service leave, study leave or sick leave.
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9
Sponsors Material
9.1
The title to and Intellectual Property right in or In relation to the Sponsors Material vests
upon its creation in the Sponsors.
9.2
Sponsors Material remains the property of the Sponsors and, on the expiration or earlier
termination of this Agreement, the Specified Personnel must deliver to the Sponsors all
the Sponsors Material.
10
Mutual Indemnity
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10.1
The parties Indemnify each other from and against any Claim which may be brought
agaJnst or made upon any of them which is caused by:
10.1.1
any negligent or unlawful .act or omission of the other party;
10.1.2
breach of this Agreement by the other party;
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10.1.3
contravention of any legislative requirements by the other party; or
the
10.1.4
infringement by the other party of the intellectual property rights of any third
Party,
except to the extent the claim is due to the negligent or unlawful act or omission
of the first party.
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Security, health, and safety
11.1
The Specified Personnel must, when using the Sponsors' premises or facHltles, comply
with all reasonable directions and procedures relating to occupational health, safety and
security In effect at those premises or In regard to those facilities as notified by the
Sponsors.
12
Conflict of Interest
Released
12.1
AFAC warrants that, at the date of signing this Agreement, no conflict of Interest exists or
Is likely to arise in the performance of its obligations or those of the Specified Personnel
under this Agreement.
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12.2
If, during the term of this Agreement, a conflict or risk of conflict of interest arises, the
Specified Personnel undertakes to notify the Sponsors immediately in writing of that
conflict or risk, and after such notification, the Sponsors may at its discretion require the
Specified Personnel not to engage in such other activities as give rise to the conflict or
risk of conflict of interest, or may terminate this Agreement.
13
Dispute resolution
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Dealing with disputes
13.1
The parties must, without delay and in good faith, attempt to resolve any dispute which
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arises out of or in connection with this Agreement prior to commencing any proceedings.
Mediation
13.2
Any disputes not resolved by the parties must be submitted to mediation.
13.3
A party may not commence proceedings In respect of a dispute (other than proceedings
for urgent interlocutory relief) unless the dispute Is not settled by mediation within 15
working days of submission to mediation, or such other time as the parties agree.
14
Termination
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14.1
Either party may, by giving the other party 20 working days written notice, terminate this
Agreement. If this Agreement is so terminated, the Sponsors shall be liable only for:
14.1.1
payments under the payment provisions of this Agreement for services
rendered before the effective date of termination; and
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14.1.2
any reasonable costs incurred by AFAC and directly attributable to the
termination or partial termination of this Agreement.
the
14.2
Notwithstanding dause 14.1, upon delivering a notice of termination to the Sponsors,
AFAC must continue to proviae the Sponsors with the Review Services for a period at
least sufficient (as considered by the Sponsors) for the Review to achieve the next
Immediately mHestone set out in the Terms of Reference.
14.3
Upon receiving a notice of termination from the Sponsors, AFAC and Specified Personnel
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must:
14.3.1
stop work as specified In the notice; and
14.3.2
take all available steps to minimise loss resulting from that termination and to
protect the Sponsors Material.
15
Notices
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15.1
All notices, documents, requests, demands or other communication to be given for the
purposes of this Agreement must be given in writing and may be served personally, faxed,
emailed, or sent by registered malVoourier to the address of each party's representative
set out at Schedule 1, or as notified In writing by one party to the other.
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15.2
All notices or communications will be deemed to be duly given or made:
15.2.1
On delivery, if delivered in person
15.2.2
On delivery of an electronlc read receipt or confirmation of receipt by return
email.
15.2.3
Three working days after the date notice was sent If sent by registered mail. 1982
15.3
Any such notice, which has been served on a non-working day, is deemed to be served
on the first working day after that day.
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16
Special Terms
16.1
The additional tenns specified in Schedule 1, if any, are to form part of this Agreement.
17
Miscellaneous
Assignments and transfers
17 .1
A party must not assign or transfer any of its rights or obligations under this agreement
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without the prior written consent of each of the other parties.
Contracts (Prlvlty) Act 1982
17 .1
Unless this Agreement expressly provides otherwise, this Agreement is-not intended to
confer a benefit on any person or class of persons who is not a party to it
Entire agreement
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17.2
This Agreement (and the documents referred to by It} constitute the entire agreement
between the parties and supersedes all communications, representations, negotiations,
arrangements and agreements, either oral or written, between
the parties with respect to
the
the subject matter of this Agreement__
Execution of separate documents
17 .3
This Agreement is property executed if each party executes either this document or an
identical document In the latter case, this Agreement takes effect when the separately
under
executed documents are exchanged between the parties.
Governing law and Jurisdiction
17.4
This Agreement is
governed by the law of New Zealand. The parties submit to the non
exclusive Jurisdiction of Its courts and courts of appeal from them. The parties will not
object to the exercise of jurisdiction by those courts on any basis.
Severablllty
17 .5
Each provision of this Agreement is individually severable. If any provision is or becomes
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illegal, unenforceable or invalid In any Jurisdiction It is to be treated as being severed from
this
Agreement in the relevant iurlsdlction, but the rest of this Agreement will not be
affected. The legality, validity and enforceab�ity of the provision in any other jurisdiction
will not be affected.
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Variation
17 .6
No agreement or understanding varying or extending this Agreement shall be legally
binding upon either party unless in writing and signed by the Sponsors and AFAC.
Waivers
17. 7
A waiver of any right, power or remedy under this Agreement must be in writing signed by
the party granting it. A waiver only affects the particular obligation or breach for which it is 1982
given. It is not an implied waiver of any other obligation or breach or an implied waiver of
that obligation or breach on any other occasion.
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17 .8
The fact that a party fails to do, or delays in doing, something the party Is entitled to do
under this Agreement does not amount to a waiver.
18
Definitions and Interpretation
Definitions
18.1
In this Agreement the following definitions apply:
Agreement means this agreement (and all documents referred to in It);
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Clalm means any clalm, action, proceeding, demand, l�lllty, obligation, costs (including
legal costs), losses, damages and expenses;
Dally Rate means the rate specified In Schedule 1 to this Agreement;
DELWP Victoria means the Department of Environment, Land, Water and Planning.
Victoria State Government; Official
Intellectual Property means all copyright, patents, registered and unregistered trade
marks, registered designs, trade secrets and know--how and anything developed from any
of those rights or from that infonnation;
the
Review Services means the responsibilities and duties set out at Schedule 2 of this
Agreement.
Sponsors Material means any material provided by or on behalf of the Sponsors to the
Specified Personnel for the purposes of this Agreement or brought into existence by the
under
Specified Personnel In the performance of his or her duties under this Agreement,
including, but not limited to, documents, equipment, information and data stored by any
means;
Specified Pensonnel means the individual specified at Schedule 1 to this Agreement;
Term has the meaning specified in Schedule 1 to this Agreement;
Terms of Reference means the Terms of Reference for the Review Services set out at
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Schedule 3 of this Agreement
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Interpretation
18.2
In the interpretation of this Agreement, the following provisions apply unless the context
otherwise requires:
18.2.1
References to an organisation include that organisation and any successor
organisations by Act of partiament.
18.2.2
Obligations set out In this Agreement that, by their nature, are Intended to apply 1982
following the termination or expiry of this Agreement, have continuing effect
notwithstanding such tennination or expiry.
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18.2.3
A reference in this Agreement to a working day means a day other than a
Saturday or Sunday on which banks are open for business generally in
Welllngton, New Zealand.
18.2.4
If the day on which any act, matter or thing is to be done under this Agreement
is not a working day, the act, matter or thing must be done on the next working
day.
18.2.5
A reference In this Agreement to 'dollars' or '$' means New Zealand dollars and
all amounts payable under this Agreement are payable In New Zealand dollars.
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18.2.6
A reference in this Agreement to any law, leglslatlon or legislative provision
includes any statutory modification, amendment or re-enactment, and any
subordinate legislation or regulations Issued under that legislation or legislative
provision.
18.2.7
A word which indicates the singular also indicates the plural, a word which
indicates the plural also indicates the singular, and a reference to any gender
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also indicates the other genders.
18.2.8
In the event of any conflict between the terms and conditions contained in the
clauses of the Agreement and any part of the Schedule and annexures thereto
the
(if any} then the clauses. sb�e precedence in the following order:
(a)
Terms of Reference;
(b)
Review Services;
under
(c) This Agreement
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Schedule 2. Review Services
As the Chair of the Review Team, you will be principally responsible to the Sponsors for the conduct
of the Review, and the delivery of the outcomes of the Review, in accordance with the Terms of
Reference.
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Your role will include the following:
•
identifying and gathering information relevant to the Review (lncludlng conducting
Interviews, reviewing records, and undertaking site inspections);
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•
analysing information, documentation, and records;
•
preparing written reports;
•
providing expert knowledge on fire control and emergency management systems;
•
ensure that natural justice principles;
•
providing expert knowledge on fire service operations;
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•
any other matters reasonable connected with the Terms of Reference;
It is expected that you will be required to travel to New Zealand twice for the purpose of providing
these services:
•
for approximately 3 weeks in May 2017 for the purpose of gathering information; and
•
for a number of days In between August - November 2017 for the purpose of meeting with
the Sponsors and discussing the draft and/ or final reports produced by the Review Team
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It is expected that the balance of the Review Services will be delivered from your regular offtces, and
that. following delivery of the Final Report to the Sponsors, you will be reasonably available for
the
purposes connected with the Review on teleconference and e-mail basis.
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Schedule 3. Terms of Reference
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BACKGROUND
Porl Hills Fires
1. Between 13 February 2017 - 15 February 2017, the New Zec1lsnd
�ire Service Southem
Communlcsiio11s C;)ntre received e number of call outs to fires In the Port Hills region of Cantal'b:.!ry.
Ths call outs reh,11�d to firaa that are understoo� to have stal'\ed et api)roximately 5:00 pm on 13 February
2017, and were formally declared out on 21 April 20"17. This document refers to the fires as the 'Pon
Htl!F. r-ires'.
2. Addi'esslng ttie risk 1o life and properly p,e.senrad
br me Port 1-iil:s Fires required amergency respons:3
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e,ervlces from a number of governmental and non-governmental agancias and organisations. Those
Included, but were
noi llmlwd lo, the following:1
Selwyn Dis-rrici Council; 2
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Departmeni of Conservation;
National Rural Fire Authority;
•
New Zealand Fire Servlos:
Rural
fi,e authorities supporting Selwyn District Council aild Department of Conservation;
Mew .Zealand Police:
SI John Ambulan�; allld
•
Minlstry for Civil Defence anci Emergenc� Managsmen1-
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Fire Agencies' have cerlaln stef!Jtary duties
3. ·1111s document refers to all rural i1ra authorities (pursuant io the For�st and Ruia!
Fire Act 1977) that
responded to t!1e Port Hms Ares, ths Ne�ion�I Rural Fire Authority, �nd fhe Nw Zeals.id Fire Service,
as 'fl!'.e Ag�nCil)z'.
4. The Fire Agencies etch hsve certain s>,1,4tut'lry dutle1, In conneciion with lira control and emergency
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management in New Zaeilsnd.3
5. In broad tenns:
a. Rursl �re authorities ll:;ivs particular duties, In thair respective rural fir3 cilsMcts, for
fire control
the
(including 1he prevention, datecii0:), suppression of 1lre, sategufl..llng Ufe and pro�rty from
risk), and compliling
wiltl st.andards sat by the Matlonal Rural Flra Aut101ity, pursoont to the
Forest and Rvr�I Fire� Act 1977.4•5
b. As the Port Hills fires were underslootl to hav� origina�ed from two fires, located in tha rural fire
disliicts of Salw�,n □!strict Council, ai'ld the Department of Conservation, those !\Yo mra.l fire
authorities (th9 •�;;.c! r!r� Ager.cii,s'}, v,'Ould hcivs had prim&PJ l'eoponsH,illly for fire control, In
under
!1-leir respectiva rural fire districts, under the Forest i:md Rural Fires Act 1977.
1 In this document, reference \o an organisation includes that oreanisatlon's r�twant er.1!)IO)'ll$ anef c.ontraCIOI$.
2 Salryn District Council anti Ctirtstchurcil City Couracll are considered bolh (a) Fire Agenci3S In lhilr capaclt1es es rural fire
.authorities pursuant
to 1he Forest 6r:d Rural
Fires Act 1977, and
(b} tanilo!i&l
11:uthoritieS pu1'$1Jant !O lh1'j
Loe.ii Gove.-nment
Ad.
2002).
3 The Fire Ag1inoi'.'ls' respective stelulO!)' duties are se! ol.11 in fuH l!I Api>9n�.b: A.
4 A$ set
out Ir, At-"'P1.indlz fl., certain duO::s fall upon t\le rospective Prino!pal Rural fire
Officers appointed by those rural 'fire
aulhoriiet.
6
As the term 'fu.s control' Is defln'ld in secliOl'l 2, Forest and Rural Fires Act 1977
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2
c. The National Rural Fire Authority has particular duties lo monitor and evaluate the performance
of rural fire authori\les, and to facilitate effective regional rural fire coordination, under the Fire
Service Act 1975, and has further functions under the Forest and Rural Fires Act 1977.6
d. The New Zealand Fire Service has certain duties to ensure the effective, efficient, and
economical management of Its functions and activ!Hes, to provide for effective cooperation
between all fire services, and to provide for cooperation between the New Zealand Fire Service
and territorial authorities and regional councils, pursuant to the Fire Service Act 1875. 7
1982
e. A number of the Fire Agencies have duties pursuant to the Civll Defence Emergency
Management Act 2002 and the National Civil Defence Emergency Management Plan 2015.8
6. It is anticipated that the Fire and Emergency New Zealsnd Bill (the 'Bill') will come into force on 1 July
Act
2017 .9 Under the Bill, urban emergency response services, and most rural emergency response
services, in New Zealand will be provided by a single entity-
Fire and Emergency New Zealand. Fire
and Emergency New Zealand wll have agreements with the Department of Conservation, and the New
Zealand Defence Force, regarding the emergency response services that the organisations will provide
to each other.10
PURPOSE
Purpose
7 The purpose of this Operational Review (the 'Review') is to, in respsct of the response to the Port Hills
Fires by the Fire Agenciss, and through the Objectives, recommend any actions to enhance the
effectiveness and efficiency with which the Fire Agencies carry out their respective statutory duties (and,
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from 1 July 2017, with which Fire and Emergency New Zealand wlD cany out Its statutory duties).
8. This Review has been established with reference to the National Rural Fire Authority's draft
Operational
Revfew Guidelines, Operational Review Terms of Reference, and
Operational Review Workbook.
Objectives
9. The particular objectives of the Review, through which the purpose will be achieved, will be to;
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a. Assess the Fire Agencies' readiness for 1he Port HIiis Fires;
b.
Assess the effectiveness of the Fire Agencies responses (both individual agency responses,
and the collective Fire Agency response) to the Port Hills Fires;
the
c.
Assess the effectiveness of communication, coordination, and collaboration between the Fire
Agencies (and, to the emenl relevant, with other agencies), in the course of the response to the
Port Hills Fires; and
d. Asse�!I the Fire Agencies' provision of safe wor!dng environments for workers.
under
PARTIES
Sponsors
• AJi, set out tn App,endbl A. certain duUes fall upon lhe National Rural Fire Offioef appointed by the. Chief Executive of the New
Zealand Fire Service.
1 � set out In Appendix A, certain duties fall upon the National Rural Fire Officet, Chief Executive and /or National
Commander.
•Asset out In Appflndi:1t A, certain duties fall upon the National Commo1nder of the New Zealand Fire Service or lhe retevant
Regional Commander of the New 2.ealand Fire Service.
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• The BIii is currently before Parliament.
0
' The proposed statutory duUes sel oul In the BIii, and organisations responsible for those duties. are set out In Apl)llndix B.
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d. Any aspects of the response to the Port Ji ills Fires that are the pr!nclpel subject of other reviews
or fnvestigE)tlOfls by agenclas or organi�tions more closely co,,nected with those msaers
(Including b11 New Zealand Police, Traffic Accident Investigation Commlsslcn, Civil Aviation
Authority, Worksafe end I or the Coroner);
e. The operations and
I or perfoimance of agencies other ihan thG Fire Agencies; and
f.
Any pot9ntial fault or liability in connection with ihe
Pon Hills Fires.
18. Notwithst'!lndlng �i1ose exc!us!ons, the Sponsors expect that the Review Te�rn:
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s. will consult and cooperate wi!h other agencies
or organisations as appropriate for the purpose
of th!.; Rel!iew;
b. will consider any iniormi,itlon provided by oihar agencies or organisations (lncli;dlng the findings
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of any inves&lgalions
or revi:aws unde:ii::ken by those parties), and
c. will noi dlscloS® any Information, or meke findings on imormaiion provided by those pa rues, that
would prsjudica the processes or outcomes of such other investigations or review&.
PRINCIPLES ANO PROCESS
Principles
19. The Rev!ew will be 1.mc!ertaken in a manner tha'i Is lndependenl, Impartial, fair, !n aiccordance with thesa
terms of reference tmd In accordance wlth al! rel-.svan, laws .
.'W. !f mrudng a iinding thgt is potentially ;Sdverse to any person or organisation, �he Review Team must
comply with tht'I principle� of natural jusUce (including informing that pemon or organ!smion or the
ma,ters
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on which ihe proposed f!nding is based, providing ihem a fair opporu.mriy io respond to tho� n�atters,
ancl genuinely consldering that response !n the course of making itc, fim11ngs).
21 Where re!evani, the Review w!II have e::-.press reference to thf. following:
&. all laws and regulauons relev�m! to ·i:.113 Review's pu;po30 (including, !:Jut not llm!!ed to the
provioions of the Fire Services Act 1975, the t=oresr .ind Rural Fir� Act �977, the Civil D'3fence
Em,arganc11 Mai1cgement Act 2CO2, the Civi! Defence and Emergency Management /\ct 1077);
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b. ihe New Zsalend Coordinttted Incident Management System (181 edition);
c. ell relavsnt Flrn Agsncles' pollcle.s end procedures, &nd
the
d. ths draft National Rural Fire F,Mlhority Op'l>tationai Review Workbook :.ind Opef"!ltional Rev!iJw
Gt1ldellnes.
2?.. The Review foam will llelse wi".h the Sponsors, in raspect O'f lti cosra, to ensure that these sre kept to a
reasonc;ble leval while allowing !ha Review to achi�ve its pU1"90se.
23. The Rsview Team may accep� any inform�!ion that It conside;'s appropriata, and will not b3 bound by
under
!he rules of evlclence .ippllcable to a Court. Th3 Review is not ti Judicial inqul,y or an Inquiry pursuant to
section 59 o, 1he Forest and Rural Fiies Ac, 19l7. The Sponsms do not expect the Review Team to
hold hearings, or to �llo','>' for the cross-e�aminatlon oi w;'inesses.
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Al'l'liNDIX B: NfflCIPATED BTATimlllY DUTIU UNDER 1'1111! MD EM£llUl;!lr:;1' NIIW� II��
1982
,JRI! l!Ml!RG!NCY NEW ZIAUND{l"EMZJIBOMII
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1JOicJlortrnla>nllul:>ef>lceslllll-lll.-•n ,.erlYDl)eff1110MIHM:e-ent I
TIie prt,dpal objodlvos af FENZ •�
underlhe Ad.
imPllclO!i, orhlrlelmll!""'-fllfpulllc
Act
ThG fllncllo"" of M LAC�
t1111.-ooi:-
oon-nland•ndaddlllan81 land. -
I
i. To,-tt,er,,.;denooot"""""1edha-ndlhe..-"""1Dllfeond-1,,.
1.
w ""elann ol llnl Is""""" or any ftro Is fl!IM'Od, an
The dosiglllllod 8e!Vioes M
j,
Tounderlakil lllicleoltond-..lo<:81
FEN2 will de!!wr lo NZDF; and
2. Topole<:la,d presem,llf« pr<Mlllto,lmH hjury; .,._10,-dlmagolop"'l)t!ltyand h!nd;�nd
Aulhalzed"""""' ""'""'"IIII'°
the eme,genoy
..,_,,"'11far,_8oad.
FEl'IZ end DOC muel 1ote ,_...,._ llll1p,< lo onblr
---
-arllmftdomagelD Ille """'""'"""rt.
nn,y:""'
1nt0a3,ye,,rly_._.......,ag�onlhrt
2.
2.
Top10\llde __ .,FENZon1hll
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1. Endanlurl,f •• � m-tl>�oll
natlona! ttralefw,loall_and -
NZOF wlfl deo'I-to FENZ.
'
Tile natl blcfloqo af !'ENZ on, (o,nang c!her 1t11ng3�•
,.
c•-0.� ofh, orffainsldered
plonn!n9
1.
appn,p,11111.,._ ... .....,,..,._ID!ol■ny
TI,ea .. 911111!d"""'1<:us1hatFENZ'Mlldo'!ver
l!>OOC:..,d
;
Ewry....,.monton-
To-llral!Of8ty
tn,bum,andb--lllldpraporti,n
3. To°"nold01---Nf-Olh
-·-·•1'817.-
lntobyltNI
dangor.
2.
Chiofc!NZOF arw! FENZmllll
Thelln,oontnll aerv:ces ... DOCv.ildd!Vertt>
:z, TD�ii'ep-on.ro,;ponseaml """"""'slon.-.
-IIO
FEN7_
J)ftMll9 Im' Ill& """'llllnl ., "
2. Dlroct.,,.,
""'1>""Y •dlvl!y Ila! m&y
4, To co_,.lllo .,_ otony c,.,,.,,.
clel!rceftn, brtg11110""" ""7 other
3. To _,lfy odmfn"""'lhe FENZ Al:!.
oonlrtbulnll>lhe-.
-·----■nd
FENlpo!3Dmolwhenn,oy..,.
I
-duln ofll-ndilll l!Ull FENZ
Ol>ena!t,glogother, -1"•
3. "8qulllany_lD_,,,,.,•-ID 1119YCl!
1181andll!ol•-111• ..... -1n
dsfencaanaaor� ....
FENZnrnt-1lolOCllpann1n11rcr ___ lhlll_l'lfl>_l'lllltlWslrdud1ng,1trw
ar lmtlhe--1cflll -""I'•
-ID-"81.ACIIM-•llllty,
I
--- !ho In plO/l for lhDloml •-• \Mll!Mc,tllam lNl •-LAC.
ony cutl'lllll op,1111Uanal
lnc:tAr,g lhe�t!!Mle■gmm-
..
--,twt1hDOC and the NZDF, 8'ld 111e1..-the ...... -•. ,_ 011..tn,lml
llfretla,y_11t_lll'l)I pata ,_lh,
...ilh DOC n M NZZJF,
ond � ti Iha fccll 1iulhat1111 ftllnllflt IDF&NZ'aflNl!offl.•
tlllll'!llftlll'.
FENZnmt-. andlmr••�111 pl11>!orNch lacal-.lnQdlrvp,llolnend �ur .. forfhl
a.
01..a■nypolNII ID-flofn � Ille
E■c:h LAC mum, h --,,fnoout ltl ln:II-, """8
Information
Tht,�P..,whololl dw,rg&of ptllOMei
---
co,,1m_•
�dh.._.,,.
NOMI IDtlle opelllllflllp,lftCIPIM�l,vthe
FENZ""'f-'!
responc!lna toa, flMIVll!°'rtl&tor,n!ral and diW.I
1. Pltlhllltfool�htlngof-lnopcnalrlnan.-.or
all FENZ r,aan,I, ....... fn, t,,fg!ldt• and lndustr)I
,,,_tarrealrlctm,y ollwodlvlty In on 1,-,i,lndud1111......,..,.,,_, 11111 FENZ conlld""'ITIJI)'
brlgslosendd __ ......,lhlllt_e1
CIUS9 a ftr9 to ftll1 or sprtRJid
lllo IWIIOMeclf'lnonclllpa■a •
I
� U,fl fENZ:conllldln llwl 1lre rim< condilfcns ex!ntar ..,11o,1y.,_1n 1"" ""'"- _ ,,,_
M-"'----.,..Y-lnrotallon
.,..,-or"'5rtdlonb-,yo,.S...1nablt,ul.,_" -.,.,FENZmaynotpn,l,lblto
IDimd.b,ti,p,and-and�in
.,.._..., ""'1i!eoor__,, ti 1m..,,. from�""-·"'
FENZmayP11bllcfynolllya p,ol,Jblllmor """"8C(Oft-hlPolfo,m111CO«-taM of hlllhor
_, orpn,,fde noloo of �pruhb!lloo., ,-..,dfredlylo _,_, ,.
fundlora,-ar-■-'"
I
FENZ:nvry, bf puttc,_, _,, fer any """'apn,i,,l,lodlire-«• lfGbi- ""'-·a
An A--•1e1ncllorcoc1.....-
-ffllY,bJpublk:_, .. """'"''-·"""'·-·
eOJlll!ledlnan llllfPOIICl',...Oll!•m1uloly-,
Official
!'ENZmay,b'f publb_, ,,,_ _ ontiut!lghllngoffno ti- ■Iron publoom,stMUon
hdudlng•-to�doal! lhlngothllto,.
land 1h■I Is In an 81811 IINltltll, a na1ctld Ire-·"
:=·:��-=:�:-i:.�,::.-::"'":i:.�=:.,., ,_..,,,_,,10.-
1, Pnllll:land-lfe.
%. PlllVllll«-lrlurr,
the
.....,..orcthettr,1r,g."'
3. -or lmltclamagll l> PIOPll1Y « lend .
FENZmav, by nollee, n,qut■ ... ooa,p!um-of lond lDr■mD¥11 or�•� YOgOlldall oraflle,
4. f'mont Dr-dmlagl lJ I'll 9'Ml"1111't!lt
tiling onllle lBnd WFENZ �-llarl1he �«ollartllng Is"'""' ID --
_.«pn,pe,1)1 b)' 1ncn1nt1g Illa rlsk of the -kor -d olh.'"'
FENZl'll87,aftaran,1-fmman""-•ad-1D11le__,,crr_oflfJnd,lffltoveor�
-,y�orO!ller1lllng0!!..,landllFENZ_,,,,_,_,i,oth-1alfonor-l!mgloa
suurceollftllllnont�IFIJ1,mhlolTll,p1JII0'1yar■ny....._•
Tbe-afl'ENZ _t_ lheq,en,Bngprtncri,lmofl'ENZ. TI,Off�pJll,dpfttmuatt.
I
under
llirned atgtllllng FENZond dlllligned 1D...i.t FENZ canyautloftllcllanoef■cllwly lllld In a OHrdlnlltad
t
,.,.,..,ll>work�andoollaborallvely.,11>--a,ganlt,rionoefldlocanyaut
.....-wnh -•••1ts10t.,_ and arganls11llouo.-
j
l"9Baanl ffllllt-- as meny IAC ao ltmmild1111 � .. TINBolnl """'"-., _,.tr,g
pllndpl,la1Dgud1111!!W011lnl!!IICll.,.LACopernondlhs�-thelACendF'ENL ..
i
i
_,_,
Released
1982
Act
Information
Official
the
under
Released
PORT HILLS FIRES: OPERATIONAL REVIEW
TERMS OF REFERENCE
APPENDIX A: STATUTORY DUTIES OF FIRE AGENCIES PURSUANT TO EMPOWERING LEGISLATION
CHIEF EXECUTIVE AND NATIONAL
NATIONAL RURAL FIRE
NEW ZEALAND FIRE SERVICE
NEW ZEALAND
COMMANDER
NATIONAL RURAL
OFFICER
RURAL FIRE
(PRINCIPAL) RURAL FIRE OFFICER
1982
COMMISSION
FIRE SERVICE
FIRE AUTHORITY
AUTHORITIES
NEW ZEALAND FIRE SERVICE
NATIONAL RURAL FIRE AUTHORITY
NATIONAL RURAL FIRE AUTHORITY
(NRFA)
The New Zealand Fire Service Commission The New Zealand Fire The
Chief Executive of the New Zealand Fire Services is The
Commission has the The
National Rural Fire Officer is Every
Rural Fire Authority For the purposes of fire control, upon the outbreak of fire,
controls the New Zealand Fire Service Service consists of the responsible to the Commission for the following under the FSA:•111
following
functions
and responsible to the Chief Executive of the
(RFA):xxll
a
Principal Fire Officer or district
Rural Fire Officer must
(being the employees of the Commission, employees
of
the
powers as the National Rural New Zealand Fire Service for:xx
perform the following duties:xxv
Act
and every volunteer fire brigade registered Commission, and every
Fire Authority
(NRFA):xix
1.
Must promote and carry
with the Commission).'
volunteer
fire
brigade 1. The general conduct of the functions and activities of the Fire
1.
Ensuring the effective and efficient
out
fire
control 1.
When advised of a fire, proceed to the place of the fire,
registered
with
the
Services.
1. Be the NRFA for the
functioning of the Commission in its
measures in its district.
and, if it constitutes a hazard to life or property,
The New Zealand Fire Service Commission Commission)_vm
purposes of the Forest
capacity as the NRFA.
endeavour by all practical means to extinguish the fire,
has the following functions under the Fire
2.
The efficient, effective, and economical management of the
and Rural Fires Act 1977
2. May, in its discretion,
to prevent its spread and to save lives and property in
Service Act 1975
('FSA'):"
functions and activities of the Fire Service.
(FRFA).
2.
Advising the Commission, Chief
promote and carry out
danger.
A Chief Fire Officer must
Executive,
and
National
such
fire
control
1.
All functions and activities of the
operate all fire brigades in The Chief Executive must from time to time review the efficiency 2.
Advise
the
Minister
Commander, on national rural fire co
measures as it thinks fit
2. To have the control and direction of any brigade
Commission set out in the FSA.
the relevant Fire District in and economy of the Fire Service!'v
(Minister
of
Internal
ordination and on all matters
in any area or place
present at the fire, or any person present at the fire
accordance with the policy
Affairs)
on
matters
pertaining to the FRFA.
adjoining its district in
who is volunteering their services or whose services
2. All functions and activities of the
of the Commission and the
relating to the FSA, the
which there is no fire
are required (see section 36(1 )(b) FRFA).
Commission in its roles as the National
operational instructions of The
National Commander is responsible to the Chief Executive of
FRFA, or any other Act.
3.
In the case of each serious rural fire
authority.
Rural Fire Service set out in the FSA.
the National Commander to the Fire Service for the command and operation of the Fire Service,
emergency, taking charge of that
provide protection for that includmg:xv
3. Perform the functions of
emergency or appointing some other
3.
Must comply with the
3.
General control of the Fire Service, its fire district.ix
the NRFA.
person to take charge of the
standards set by the
For the purposes of fire control, upon the outbreak of fire,
functions and activities.
emergency.
NRFA.
a
Principal Fire Officer or district
Rural Fire Officer !J:JEY.
In the event of a fire alarm or 1. Issuing of operational instructions.
4.
Consult with all national
exercise the following powers:xxv,
4.
The efficient administration of the FSA.
fire, the Chief Fire Officer of
organisations (including
4.
Ensuring the effective regional co 4. Must keep and maintain
a Fire District must proceed 2. Publishing of the Firefighting Code of Practice.
government departments
ordination of Fire Authorities, and, for
a current fire plan for its
1. Take or give directions for taking any apparatus
to the place of the call, and
and Crown agencies)
that purpose, establishing regional
district
containing
required to be used at a fire into, through or upon any
Information
It is a matter of prime importance for the endeavour by all practical
which function as Fire
committees of PFOs.
certain
prescribed
land, house, building or premises which he/she
Commission to take an active and co
means to extinguish and The
National Commander shall:xv,
Authorities, and with
information.
considers convenient for the purpose.
ordinating role in the promotion of fire safety prevent the spread of the
those
organisations
It is the function of the
NRFA to encourage
in New Zealand."'
fire, and to save lives and
which represent the
and promote effective fire control Every
RFA must take 2. Take any measures which are reasonable in the
property in danger!
1.
Make provision in every Fire District for the suppression and
interest of difference
measures. xx,
appropriate
fire
control
circumstances and which appear to him/her to be
In promoting fire safety, the Commission
extinction of fires, and the safety of premises and property
classes
of
Fire
measures in respect of its
necessary or expedient (for e.g. causing the
must seek to reduce continually the In the event of a fire within a
endangered by fire.
Authorities.
area, including that it must:xx111
destruction or removal of fences and/or vegetation;
incidence of fire and the attendant risk to life Chief Fire Officer's Fire
and causing any house, building or structure to be
and property.iv
District, the Chief Fire 2. Ensure that the Fire Service is maintained in a state of 5. Co-ordinate all matters
1.
Observe
weather
entered into, taken possession of, pulled down or
Officer may exercise a
operational efficiency.
relating to national rural
conditions.
otherwise removed).
In promoting fire safety, the Commission range of statutory powers
fire control.
must seek to achieve unity and for the purpose of attending 3 Make provision for effective cooperation between all fire
2. Assess fire hazard.
3.
Cause any street, road, private road, right of way, or
completeness of fire safety law and to the fire.Xi
services, (whether or not established under the FSA).
6.
Facilitate
effective
thoroughfare in the vicinity of any fire or likely to be
practice!
regional rural fire co
3.
Give
warning
of
affected by the fire or by firefighting operations to be
Official
In the event of a fire outside 4. Make provision for cooperation between the Fire Service and
ordination.
imminence
of
fire
closed for traffic during the continuance of the fire.
The Commission must seek to achieve co
of a Chief Fire Officer's Fire
territorial authorities and regional councils
hazard conditions.
ordination between territorial authorities, District, the Chief Fire
7.
Set minimum standards
4.
Shut off or disconnect the supply of gas or electricity
government departments (and other Officer may proceed to the The
National Commander shall, in accordance with the policy of
for Fire Authorities in
4.
Give any information
to any building which is on fire or which is in the vicinity
professions and industries) in matters emergency, and take action the Commission:xvil
relation to matters such
available in relation to
of any fire.
relating to fire safety!'
necessary to save lives and
as training, equipment,
fire hazard conditions.
the
property in danger.Xii
timely responses to fires,
5.
Order to withdraw or remove (or direct the removal of)
The functions of the Commission in relation
1 . Be charged with the direction of all technical matters (including
and
assessing
fire
any persons who interfere with firefighting operations;
to the promotion of fire safety include:vi'
training).
hazards.
Where any vegetation fires
or who are on/in any land, building or premises
have spread (or may spread)
burning or threatened by fire, unless they have a
1.
Establishing close and harmonious
2.
Be charged with the operational command of the Fire Service
8.
Audit Fire Authorities'
beyond the district of a single
pecuniary interest therein or in any goods/values
working relations with industry,
(and any other functions delegated from the Chief Executive
compliance with the
Fire Authority, a regional fire
thereon.
government departments, territorial
of the Fire Service).
standards above.
emergency exists, and the
authorities, and other bodies and
NRFO may take charge or 6. At the time of the fire or afterwards, pull down or shore
organisations.
9.
Monitor and evaluate the
appoint a
Principal Rural
up any wall or building which in his/her opinion is so
The
National Commander may:
performance of Fire
Fire Officer (PRFO) to take
damaged by fire as to be or to be likely to become
2.
Seeking to ensure that knowledge
Authorities under FRFA.
charge.
If the NRFO
dangerous to life or property. The expense is to be
affecting fire safety gained by the
exercises that function, they
borne by the building owner and shall be paid to the
under
Commission is applied throughout the
1.
Review co-ordination schemes between fire brigades
must notify the Fire Authority
Fire Authority.
community.
(including defence fire brigades and industrial fire brigades)
of each relevant district of the
and Fire Authorities under the Forest and Rural Fires Act
name of the person taking
3.
Research into methods and practice of
1977.
change (and fire officers of
fire safety.
the relevant district must
2.
Undertake a range of other actions related to allocating
carry out all instructions given
4.
Seeking continuously for new ways to
responsibilities and entering into agreements for the purpose
by the person appointed to
reduce the incidence of fire and the risk
of schemes, activities, and/or fire protection - including with
take charge ).xxiv
to life from fire.
the Chief of the Defence Force, and
I or the Directors of Civil
Defence and Emergency Management Groups.
The
National Commander has all of the powers of the Commission
as necessary for the purpose of exercising his/her functions and
duties.•v11,
7475260_ 1
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PORT HILLS FIRES: OPERATIONAL REVIEW
TERMS OF REFERENCE
APPENDIX A: STATUTORY DUTIES OF FIRE AGENCIES PURSUANT TO CIVIL DEFENCE LEGISLATION
NEW ZEALAND FIRE SERVICE (PERSONNEL) 1
NATIONAL RURAL FIRE AUTHORITY (PERSONNEL)/ RURAL FIRE AUTHORITY (PERSONNEL)
The principles underlying the role of the New Zealand Fire Service in the The roles of the National Commander of the New Zealand Fire
1982
Role of the National Rural Fire Authority, Rural Fire Authorities, National Rural Fire Officer, and (Principal) Rural Fire Officer (as the case may be) during an emergency in
National Civil Defence Emergency Management Plan 2015 ('CDEMP') are Service during an emergency in the CDEMP are as follow::5
the CDEMP are as follow:7
as follow:2
1.
Responsible to the Director and the National Controller for the 1. Under section 36 of the Forest and Rural Fires Act 1977, principal fire officers of the rural fire authorities have powers to control fires occurring in forest and
1. Plan for, and prepare to fully participate in, the response to any
mobilisation, co- ordination, and control of fire services
vegetation within their districts.
emergency, while at the same time maintaining the capability to deliver
its existing operational mandate.
2. Should maintain communications with the national fire co
2.
If a regional fire emergency exists under section 39 of the Forest and Rural Fires Act 1977, the National Rural Fire Officer may, in the public interest, take charge or
Act
ordination centre, inform the Director and the National
appoint a Principal Rural Fire Officer or other appropriate fire officer to take charge for the duration of the emergency.
2. Work in concert with the requirements of national, CDEM Group, and
Controller of significant incidents, and advise on subsequent
local CDEM plans.
actions taken or to be take.
3. If a state of emergency declaration is proposed in a rural fire authority's area in response to a rural fire, the appropriate Local Controllers or CDEM Group Controllers
will ensure appropriate liaison with the Principal Rural Fire Officer before and after the emergency is declared.
3. Ensure that Fire Services incident management structures adhere to, 3. Responsible for co-ordinating fire services operations and
or work within, the direction and principles of the current CIMS
providing the resources required to undertake requests for 4. While a state of emergency exists under the Civil Defence Emergency Act 2002, a (principal) Rural Fire Officer may cause water to be shut off to obtain greater
structure.
assistance.
supply and water pressure for extinguishing or restricting the spread of fire. He/she may enter land or premises and take water from any source of water supply (see
section 36(1 )(f) of the FRFA for details).
4.
Develop and maintain the capacity to provide an operational response 4.
Advises on fire services operations, urban search priorities
(including incident management, liaison, and advisory support) to
and the resources required to continue operations.
CDEM at the national, CDEM Group, and local level.
Role of the Fire Region Commander of New Zealand Fire
5.
Liaise with other members of the Fire Services to co-ordinate an Service during an emergency in the CDEMP are as follow: 6
effective response to an emergency.
1.
Mobilising, coordinating and controlling the Fire Services.
The roles of the Fire Service during reduction and readiness in the
CDEMP are as follow: 3
2. Maintaining communications with the national fire coordination
centre, informing the Local Controllers or CDEM Group
1. The New Zealand Fire Service maintains business continuity plans to
Controllers of significant incidents, and advising on
ensure that its functions can continue during an emergency.
subsequent actions taken or to be taken.
Information
2. Those plans identify key risks, prioritise business, plan for the
3. Supporting the Local Controllers or CDEM Group Controllers,
continuance of critical business, and provide for the redeployment of
coordinating Fire Services operations and providing resources
staff.
required to undertake requests for assistance.
3. The New Zealand Fire Service emergency and command planning
4. Advising the Local Controllers or Group Controller.
forms the basis for fire services operations, including action in a state
of emergency, and refers to and integrates with CDEM plans at
5. Advising on Fire Services operations, urban search and
national, CDEM Group, and local levels.
rescue priorities and the resources required to continue
operations.
4.
The New Zealand Fire Service participates in multi-agency emergency
planning and exercises contributing to a co-ordinated response using
the CIMS.
Official
5.
The New Zealand Fire Service operates and reviews co-ordination
schemes between fire brigades in accordance with the Fire Services
Act 1975.
The roles of Fire Service during response and recovery in the CDEMP
are as follow:4
1. The role of the fire services during the response to and recovery from
the
an emergency includes, subject to arrangements agreed between the
fire services in relation to a particular emergency,-
(a) firefighting to control, contain, and extinguish fires;
(b) containing releases and spillages of hazardous substances;
(c) urban search and rescue;
(d} limiting damage, including the salvage of essential material from
endangered locations; and
under
(e) redistributing water, in consultation with the relevant territorial
authorities, for firefighting.
1 'Fire Services' are defined in the National Civil Defence Emergency Management Plan 2015 to include the New Zealand Fire Service, National Rural Fire Authority, rural fire authorities, and other fire services or brigades that have roles and responsibilities during response and recovery.
2 National Civil Defence Emergency Management Plan 2015, section 44
3 National Civil Defence Emergency Management Plan 2015, section 45
4 National Civil Defence Emergency Management Plan 2015, subsection 46(1)
5 National Civil Defence Emergency Management Plan 2015, subsection 46(4)(b)
6 National Civil Defence Emergency Management Plan 2015, subsection 46(4)(a)
7 National Civil Defence Emergency Management Plan 2015, subsections 46(5) - 46(7)
7475260_1
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PORT HILLS FIRES: OPERATIONAL REVIEW
TERMS OF REFERENCE
i S3, FSA
iiS14, FSA
iii Subs 20(1), FSA
iv Subs 20(2)(a), FSA
v Subs 20(2)(b), FSA
1982
vi Subs 21(1 ), FSA
vii Subs 21(2), FSA
viii S3, FSA
ix Subs 28(1 ), FSA
x Subs 28(2), FSA
xi Subs 28(4), FSA
xii Subs 28A(1), FSA
Act
xiii Subs 178(1 ), FSA
xiv S17E, FSA
xv Subs 17N(1 ), FSA
xvi S17O, FSA
xvii Subs 23(1 ), FSA
xviii Subs 23(2), FSA
xix S14A, FSA
xx S17X, FSA
xxi Subs 18(2), FRFA
xxii S12, FRFA
xxiii Subs 18(1), FRFA
xxiv Subs 39(1)(b), FRFA
XXV
S36, FRFA
xxvi S36, FRFA
Information
Official
the
under
7475260_ I
Released
1982
Act
Information
Official
the
under
Released
PORT HILLS FIRES: OPERATIONAL REVIEW
TERMS OF REFERENCE
APPENDIX B: ANTICIPATED STATUTORY DUTIES UNDER FIRE AND EMERGENCY NEW ZEALAND BILL
FIRE EMERGENCY NEW ZEALAND (FENZ) / BOARD
AUTHORISED PERSON
LOCAL ADVISORY COMMITTEES (LAC)
DEPARTMENT OF CONSERVATION (DOC)
NEW ZEALAND
DEFENCE FORCE (NZDF)
FENZ is the same body as the New Zealand Fire Service Commission.
An Authorised Person is a person who is authorised by The main purpose of the LAC is to provide advice,
FENZ and the Director-General of Conservation
FENZ and NZDF must take
1982
the Board to perform or exercise a function, duty or
from a local perspective, to FENz.xxii
must take all reasonable steps to agree on any
reasonable steps to enter into a 3-
power under the FENZ Act and regulations made
policy for fire control services that relate to, have an
yearly operational service agreement
The principal objectives of FENZ are:i
under the Act.
impact on, or have implications for public
that sets out:xxvil
The functions of the LAC include:xxiii
conservation land and additional land. xxv
1. To reduce the incidence of unwanted fire and the associated risk to life and property.
1.
The designated services that
If an alarm of fire is raised or any fire is reported, an
1. To undertake efficient and effective local
FENZ will deliver to NZDF; and
2.
To protect and preserve life; prevent or limit injury; prevent or limit damage to property and land; and
Authorised Person responding to the emergency
engagement for the Board.
FENZ and DOC must take reasonable steps to enter
Act
prevent or limit damage to the environment.
may:xvm
into a 3-yearly operational service agreement that
2. The designated services that
2.
To provide local advice to FENZ on the
sets out:xxv,
NZDF will deliver to FENZ.
1.
Endeavour by all practicable means to extinguish
national strategy, local issues and local
The main functions of FENZ are (among other things):1i
or prevent the spread of fire, or if considered
planning.
1. The designated services that FENZ will deliver
appropriate under the circumstances to let any
to DOC; and
Every agreement entered into by the
1. To promote fire safety.
fire burn, and to save lives and property in
3.
To consider and promote the interests of the
Chief of NZDF and FENZ must
danger.
local area's FENZ volunteers.
2.
The fire control services that DOC will deliver to
provide for the command of a
2.
To provide fire prevention, response and suppression services.
FENZ.
defence fire brigade and any other
2. Direct any person to stop any activity that may
4. To consider the provisions of any current
FENZ personnel when they are
3.
To efficiently administer the FENZ Act.
contribute to the emergency.
operational service agreement and
operating together, whether in a
memorandum of understanding that FENZ
defence area or otherwise.XJ(viii
3.
Request any person to take any action to prevent
has and that is relevant to a local area in
FENZ must undertake local planning for each local area that takes into account matters including, the
or limit the extent of the emergency.
relation to which the LAC has responsibility,
national strategy, the fire plan for the local area, the advice from the relevant LAC, any current operational
including the operational service agreements
service agreement with DOC and the NZDF, and that identifies the specific needs, resources, constraints
4.
Direct any person to leave any place near the
with DOC and the NZDF.
and capabilities in the local area that are relevant to FENZ's functions.m
emergency.
FENZ must prepare and issue a fire plan for each local area, including policies and procedures for fire
5. Direct any person to refrain from entering the
Each LAC must, in carrying out its functions, have
control.iv
vicinity of the emergency.
regard to the operating principles developed by the
Board.xxiv
Information
FENZ may:v
The Authorised Person who is in charge of personnel
responding to an emergency must control and direct
1.
Prohibit the lighting of fires in open air in an area; or
all FENZ personnel, defence fire brigades and industry
2.
Prohibit or restrict any other activity in an area, including access to an area, that FENZ considers may
brigades and all persons who place their services at
cause a fire to start or spread
the Authorised Person's disposal
x,x
provided that FENZ considers that fire risk conditions exist or are likely to exist in the area, and the
An Authorised Person has statutory powers in relation
prohibition or restriction is necessary or desirable for fire contro1.v1 However, FENZ may not prohibit a
to land, buildings and structures and vegetation in
person who resides or works in an area from accessing the area.vii FENZ may publicly notify a prohibition or
connection with the performance or exercise of his/her
restriction or provide notice of the prohibition or restriction directly to any person.Viii
functions, duties or powers.xx
FENZ may, by public notice, declare for any area a prohibited fire season or a restricted fire season.1
x
An Authorised Person who is in charge of personnel
Official
FENZ may, by public notice, amend or revoke such a declaration.'
engaged in an emergency has other statutory powers,
FENZ may, by public notice, impose restrictions on the lighting of fires in open air on public conservation
including a power to generally do all things that are
land that is in an area that is in a restricted fire season.Xi
reasonably necessary to:)()('
1. Protect and preserve life.
FENZ may, by notice, if it reasonably considers it necessary for the purpose of fire control, require a
2.
Prevent or limit injury.
the
landholder to make and clear any firebreak on the landholder's land or to remove from any firebreak any
vegetation or other thing.Xii
3. Prevent or limit damage to property or land.
FENZ may, by notice, require the occupier or owner of land to remove or destroy any vegetation or other
4. Prevent or limit damage to the environment
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.'111
FENZ may, after oral notice from an authorised person to the occupier or 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.Xiv
under
The Board of FENZ must formulate the operating principles of FENZ. These operating principles must be
aimed at guiding FENZ and designed to assist FENZ carry out its functions effectively and in a co-ordinated
manner, to work co-operatively and collaboratively with other relevant organisations and to carry out
consultation with relevant stakeholders and organisations.xv
The Board must establish as many LAC as it considers appropriate.xvi The Board must develop operating
principles to guide the way in which the LAC operate and the interactions between the LAC and FENz_xvii
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TERMS OF REFERENCE
APPENDIX B: ANTICIPATED STATUTORY DUTIES UNDER FIRE AND EMERGENCY NEW ZEALAND BILL
i S10, FENZ Bill
ii Subs 11 (2), FENZ Bill
1982
iii Subs 21A(1), FENZ Bill
iv S21B, FENZ Bill
v Subs 49(1), FENZ Bill
vi Subs 49(2), FENZ Bill
vii Subs 49(3), FENZ Bill
viii Subs 49(5), FENZ Bill
Act
ix Subs 53(1), FENZ Bill
x Subs 53(3), FENZ Bill
xi Subs 53(4), FENZ Bill
xii Subs 58(1 ), FENZ Bill
xiii 558C, FENZ Bill
xiv 558F, FENZ Bill
xv S13, FENZ Bill
xvi S14, FENZ Bill
xvii S18, FENZ Bill
xviii S35, FENZ Bill
xix S38, FENZ Bill
xx S39 and S40, FENZ Bill
xxi Subs 41(1 )(g), FENZ Bill (other statutory powers are set out in S41, FENZ Bill)
xxii Subs 13A(1), FENZ Bill
xxiii Subs 13A(2}, FENZ Bill
xxiv Subs 13A(3), FENZ Bill
XXV
5108, FENZ Bill
xxvi S110, FENZ Bill
xxvii
Information
S111, FENZ Bill
xxv;;; Subs 113(1), FENZ Bill
Official
the
under
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