6Interpretation

1. In this Act, unless the context otherwise requires,—

   authorised person, in relation to a function, duty, or power, means a person to whom either of the following applies:

   1. the person is authorised to perform or exercise the function, duty, or power under section 23; or
   2. the person is delegated the performance or exercise of the function, duty, or power under section 24

   board means the board of FENZ

   building has the same meaning as in sections 8 and 9 of the Building Act 2004

   by-product means any material or substance that results from, or is used during, a hazardous substance emergency or any other emergency involving a substance (whether or not the substance or material is caused by a reaction)

   Chief of Defence Force means the officer appointed under section 8 of the Defence Act 1990

   code of practice for firefighting water supplies means a code of practice—

   1. that is approved by the Minister under section 72; and
   2. 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 has the meaning given in section 81(1)

   contractor, in relation to FENZ,—

   1. means a person engaged by FENZ under a contract for services; and
   2. includes a subcontractor to a person described in paragraph (a) who is engaged to assist with the performance of those services

   Crown—

   1. means the Sovereign in right of New Zealand; and
   2. includes all Ministers of the Crown and all departments; but
   3. does not include—
      1. an Office of Parliament; or
      2. a parliamentary agency within the meaning of section 5 of the Parliament Act 2025; or
      3. a Crown entity; or
      4. a State enterprise named in Schedule 1 of the State-Owned Enterprises Act 1986; or
      5. an organisation named in Schedule 4 of the Public Finance Act 1989; or
      6. a company; or
      7. a mixed ownership model company; or
      8. an entity named or described in Schedule 6 of the Public Finance Act 1989

   defence area has the same meaning as in section 2(1) of the Defence Act 1990

   defence fire brigade means a unit or any other part of the Armed Forces established and trained under the authority of the Chief of Defence Force under the Defence Act 1990 for the prevention, suppression, and extinguishment of fires

   designated services means the services that—

   1. FENZ must deliver under section 11; and
   2. FENZ delivers under section 12 if FENZ has the capability and capacity to do so

   emergency means an event requiring an immediate action to protect and preserve life, prevent injury, or avoid damage to property and includes—

   1. a fire (including an alarm of fire); and
   2. a hazardous substance emergency; and
   3. a state of emergency declared under the Civil Defence Emergency Management Act 2002; and
   4. any other substance emergency; and
   5. an incident attended by emergency services (including the New Zealand Police, FENZ, and hospital and health services)

   EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

   essential services means services—

   1. for the supply and distribution of food, water, fuel, power, and other necessities:
   2. for the maintenance of transport and communication facilities that are essential to the well-being of the community:
   3. for the maintenance of the health of the community:
   4. for the maintenance of law and order, public safety, and the defence of New Zealand:
   5. for the preservation of property at immediate risk of destruction or damage

   FENZ personnel or personnel, in relation to FENZ, includes—

   1. employees:
   2. volunteers:
   3. contractors

   FENZ volunteer or volunteer—

   1. 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
   2. 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 or FENZ means Fire and Emergency New Zealand continued under section 8

   fire as a land management tool includes, without limitation, the use of fire for any of the following:

   1. land clearance purposes:
   2. disease control purposes in agricultural or horticultural industries:
   3. any other prescribed purpose

   fire control means—

   1. preventing, detecting, controlling, and putting out fire:
   2. protecting persons and property from fire

   fire control measure means any measure that promotes fire control

   fire in open air means fire other than in—

   1. a fireplace that is located in a building or structure and that complies with any relevant requirement of the Building Act 2004 and the relevant district plan; or
   2. a place or thing, or a type of place or thing, that is—
      1. prescribed by regulations made under section 187; or
      2. authorised by FENZ

   fire plan means a plan that FENZ prepares and issues under section 22

   fire risk conditions means weather or other conditions that will, or are likely to, endanger persons or property by increasing the risk of the outbreak or spreading of fire

   firebreak means a natural or an artificial physical barrier against the spread of fire from or into any area of continuous flammable material

   firefighting means taking any action to control, restrict, suppress, or extinguish fire

   firefighting water supplies—

   1. means water supplies—
      1. that may be used for firefighting purposes; and
      2. to which the code of practice for firefighting water supplies applies; and
   2. includes water from—
      1. any reticulated water supply, waterworks, or fixed bulk water supply systems; and
      2. any reservoir, dam, water race, or tank water supply systems

   hazardous substance means—

   1. any hazardous substance as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996; and
   2. any infectious or radioactive substance that may harm human, animal, or plant health

   hazardous substance agency means any of the following organisations:

   1. WorkSafe:
   2. the EPA:
   3. the New Zealand Transport Agency:
   4. the New Zealand Police:
   5. the Civil Aviation Authority:
   6. Maritime New Zealand:
   7. the Ministry of Health:
   8. territorial authorities and regional councils:
   9. any other organisation with enforcement responsibilities under section 97 of the Hazardous Substances and New Organisms Act 1996

   hazardous substance emergency means the release or potential accidental release of any hazardous substance from any building or other premises, or from any container or pipe, or from any means of transport (whether motorised or not)

   home—

   1. means a place occupied as a dwelling house; and
   2. includes any garden, yard, garage, outhouse, or other appurtenance of a home

   household unit has the same meaning as in section 7 of the Building Act 2004

   industry brigade means a group of persons organised as an industry brigade in accordance with section 69

   infringement fee, in relation to an infringement offence, means an infringement fee for an offence prescribed in regulations made under this Act

   infringement offence means an offence against this Act or regulations made under this Act that is declared by regulations to be an infringement offence

   local advisory committee means a committee established in accordance with section 15

   local area means the area within the boundaries of a local advisory committee that are set in accordance with section 16

   local authority has the same meaning as in section 5(1) of the Local Government Act 2002

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is the person for the time being responsible for—

2. the administration of this Act; and
3. the performance and exercise of the functions, duties, and powers of a responsible Minister in relation to FENZ

national strategy means the document or documents expressing the national strategic directions or intentions of FENZ

NZ Standards Organisation has the same meaning as in section 4(1) of the Standards and Accreditation Act 2015

occupier, in relation to a building, includes any person lawfully entitled to be in the building (for example, a visitor)

operational activity means an activity carried out in relation to FENZ’s delivery of designated services

operational employee means a FENZ employee carrying out an operational activity

operational personnel means any FENZ personnel carrying out an operational activity

other substance emergency means the release or potential accidental release of any substance, other than a hazardous substance, from any building or other premises, or from any container or pipe, or from any means of transport (whether motorised or not)

owner, in relation to a building for which a unit plan (within the meaning of section 5(1) of the Unit Titles Act 2010) has been deposited, means the body corporate

property means any real or personal property in New Zealand

public conservation land has the meaning given in section 144

publicly notified, in relation to a notice or any other document, means to publish the document—

1. in the Gazette; or
2. in 1 or more newspapers circulating in the area to which the document relates; or
3. on an Internet site; or
4. by any other means prescribed by regulations under section 187

relevant fire safety legislation means—

1. this Act, and secondary legislation made under this Act, and any former enactments replaced by this Act or that secondary legislation:
2. any provisions of the following Acts (or secondary legislation made under those Acts) under which FENZ has functions:
   1. Building Act 2004:
   2. Local Government Act 2002:
   3. Local Government Act 1974:
   4. Hazardous Substances and New Organisms Act 1996:
   5. Radiation Safety Act 2016:
   6. Sale and Supply of Alcohol Act 2012:
   7. 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 made under those former enactments

rendering safe has the meaning given in section 7, and render safe has a corresponding meaning

spontaneously combustible material—

1. includes—
   1. 1 or more of the following materials that are heaped higher than 3 m above the ground:
      1. wood residues:
      2. wood products:
      3. hay, straw, or other plant cuttings:
      4. any product composed of more than 50% of 1 or more of the materials described in subsubparagraphs (A) to (C); and
   2. any material or class of material specified in regulations made under section 187; but
2. 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 means a water supply system that uses 1 or more water storage tanks that—

1. contain water from any source; and
2. are immovable structures

vegetation—

1. means any plant or the produce of any plant, whether dead or alive; and
2. includes peat and fossil fuels lying on, or within 20 metres below, the surface of any land; but
3. does not include processed wood or any structure

volunteer capacity, in relation to work carried out by any person, means work carried out by the person without the purpose of obtaining financial gain or profit

water race has the same meaning as in section 5(1) of the Local Government Act 2002

waterworks has the same meaning as in section 5(1) of the Local Government Act 2002

WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.