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New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - General provisions applying to bylaws made by a local authority

152B: Effect of Fire and Emergency New Zealand Act 2017 on bylaws

You could also call this:

“Rules about fires can change without asking everyone”

You can change some fire-related rules without asking everyone what they think. This can happen if a city or town council talks to Fire and Emergency New Zealand and decides it’s okay to change or get rid of these rules. These rules are about things like getting rid of fire dangers, saying when you can or can’t light fires, controlling fires in open spaces, and stopping fires from spreading in plants.

If a city or town has a rule that doesn’t match what the Fire and Emergency New Zealand Act 2017 says, the Act is more important. The city or town must change their rule to match the Act. They can do this without asking everyone what they think.

Cities and towns are not allowed to make any rules that go against what the Fire and Emergency New Zealand Act 2017 says. This helps make sure all the rules about fire safety work well together.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7332800.

Topics:
Government and voting > Local councils
Environment and resources > Conservation
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: General provisions applying to bylaws made by a local authority

152BEffect 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—

  2. consult in accordance with section 82; or
    1. use the special consultative procedure set out in section 83.

      1. In subsection (1), relevant fire bylaw means a bylaw that—

      2. relates to the removal of fire hazards; or
        1. declares prohibited or restricted fire seasons; or
          1. prohibits or otherwise regulates or controls the lighting of fires in open air; or
            1. relates to the prevention of the spread of fires involving vegetation.

              1. 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,—

              2. the Act, regulations, or notice prevails and the bylaw has no effect to the extent of the inconsistency; and
                1. the territorial authority must amend or revoke the bylaw to remove the inconsistency.

                  1. 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—

                  2. consult in accordance with section 82; or
                    1. use the special consultative procedure set out in section 83.

                      1. 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.

                      Notes
                      • Section 152B: inserted, on , by section 199 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).