Plain language law

New Zealand law explained for everyone

Fire and Emergency New Zealand Act 2017

Emergencies, fire control, industry brigades, water supply, and evacuation schemes - Operational functions, duties, and powers - Functions, duties, and powers in emergencies

42: Powers of authorised person in relation to land, building, or structure

You could also call this:

"What powers do firefighters have to enter and manage your property in an emergency?"

Illustration for Fire and Emergency New Zealand Act 2017

You can be stopped from entering your land, building, or structure if someone in charge thinks it is necessary. They can enter your land, building, or structure to deal with an emergency. They can break into a building or structure if it is on fire or near the emergency. You might see equipment being taken into or over your land, building, or structure to help with the emergency. Dangerous materials can be removed from your building or structure if it is on fire or near the emergency. A building or structure can be pulled down if it is damaged and dangerous to people or property. The person in charge decides what to do with the contents of the building or structure before pulling it down. Equipment includes things like plants, appliances, and devices that belong to Fire and Emergency New Zealand. It also includes personal equipment and clothing given by Fire and Emergency New Zealand. You can compare this to the 1975 Act for more information.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6819460.

This page was last updated on — View changes

Previous

41: Duty of authorised person to control and direct, or

""

Next

43: Powers of authorised person in relation to vegetation, or

"What firefighters can do with vegetation to stop or prevent fires"

Part 2Emergencies, fire control, industry brigades, water supply, and evacuation schemes
Operational functions, duties, and powers: Functions, duties, and powers in emergencies

42Powers 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:

  3. enter any land, building, or structure:
    1. break into any building or structure that may be on fire or otherwise endangered or that is near the emergency:
      1. take or send any equipment or machine required to be used into, through, upon, or over any land, building, or structure:
        1. 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:
          1. 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):
            1. 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.

              1. The authorised person may exercise the power in subsection (2)(f) if, in the authorised person’s opinion, the building or structure or any portion of any building or structure has been so damaged that it is, or is likely to become, dangerous to life or property.

              2. If the authorised person decides to exercise the power in subsection (2)(f), the authorised person may exercise that power after, in his or her discretion, first removing the contents of the building or structure.

              3. In this section, equipment—

              4. means any plant, appliance, or device belonging to or in the possession of FENZ; and
                1. includes any personal equipment or clothing provided by FENZ.

                  Compare
                  Notes
                  • Section 42(2)(c): amended, on , by section 46 of the Statutes Amendment Act 2022 (2022 No 75).