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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Liability-related provisions

160: Damage in firefighting to be damage by fire within meaning of contract of fire insurance

You could also call this:

"Firefighters' actions that damage property are considered fire damage for insurance purposes."

Illustration for Fire and Emergency New Zealand Act 2017

If you have fire insurance, damage to your property is treated as fire damage if it is caused by someone fighting a fire. This happens when the person is doing their job in good faith, or using their powers to deal with a fire. You can find more information about natural hazards in the Natural Hazards Insurance Act 2023. If a fire is a natural hazard, the damage is treated as natural hazard fire damage. The Natural Hazards Insurance Act 2023 explains what natural hazard damage means. This means that if your property is damaged by a natural hazard, it is not treated as fire damage.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6678692.

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Part 4Miscellaneous and enforcement provisions
Liability-related provisions

160Damage 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—

  2. the damage is caused by an authorised person or any other personnel (A); and
    1. the damage is caused during—
      1. the performance in good faith of A’s functions or duties; or
        1. the exercise in good faith of A’s powers at, or in connection with, any fire or suspected fire.

        2. However,—

        3. if any fire or suspected fire is a natural hazard within the meaning of the Natural Hazards Insurance Act 2023, the damage must be treated as damage by natural hazard fire; and
          1. if any damage to property is natural hazard damage, the damage must be treated as damage by natural hazard.

            1. In this section, natural hazard damage has the same meaning as in section 24 of the Natural Hazards Insurance Act 2023.

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            Notes
            • Section 160(2)(a): amended, on , by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).
            • Section 160(2)(b): amended, on , by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).
            • Section 160(3): replaced, on , by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).