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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

43: Powers of authorised person in relation to vegetation

You could also call this:

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

Illustration for Fire and Emergency New Zealand Act 2017

You are in charge of dealing with an emergency. You can do things to stop a fire or make an area safer. You can cut down or pull down vegetation that is on fire or near a fire. You can also set fire to vegetation to stop a bigger fire from spreading. You can cut down damaged vegetation if it is a danger to people or property. You can remove cut vegetation to a safe area if you think it is necessary. You might set a counterfire, which is called a backburn or burnout, to fight a bigger fire. A backburn is a fire started inside an area with flammable material to fight a fire. A burnout is a fire started from a firebreak to fight a fire. You can find more information about old laws related to this by looking at the Fire Service Act 1975.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6819461.

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

43Powers of authorised person in relation to vegetation

  1. The authorised person who is in charge of personnel responding to an emergency may do 1 or more of the things mentioned in subsection (2) or (3) for the purpose of—

  2. extinguishing or preventing the spread of fire (if any); or
    1. reducing danger from any emergency.

      1. The authorised person may, if he or she considers it necessary,—

      2. cause any vegetation that is on fire or otherwise endangered to be cut down or pulled down (either in whole or in part):
        1. cause any vegetation that is adjacent to, or in the vicinity of, any building, structure, or vegetation that is on fire or otherwise endangered to be cut down or pulled down (either in whole or in part):
          1. set fire to vegetation in an effort to cause the backburn or burnout of any fire.

            1. The authorised person may, if, in the authorised person’s opinion, any vegetation has been damaged to the extent that it is, or is likely to become, dangerous to life or property, cause the vegetation to be cut down or pulled down (either in whole or in part) at the time of the emergency or within a reasonable time afterwards.

            2. The authorised person may, if he or she considers it necessary, remove or cause to be removed to a safe area any vegetation that has been cut down or pulled down (in whole or in part) under this section.

            3. In this section,—

              backburn means a counterfire commenced from within an area of continuous flammable material for the purpose of fighting a fire

                burnout means a counterfire commenced from a natural or previously constructed firebreak for the purpose of fighting a fire.

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