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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

44: Other powers of authorised person

You could also call this:

"Powers to help keep people safe in an emergency"

Illustration for Fire and Emergency New Zealand Act 2017

You are in charge of dealing with an emergency. You can shut off water to get more water pressure. You can close roads to keep people safe. You can move a vehicle that is in the way. You might need to break into the vehicle to move it. You can remove people who are interfering with your work. You can turn off gas, fuel, or electricity to a building on fire. You can ask the property owner for information to help you. You can do what is necessary to protect life and prevent injury. You can prevent damage to property, land, and the environment. When this law talks about a road, it includes streets, motorways, and highways. You can also close a beach or other public place if needed. This helps you deal with the emergency and keep people safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6819463.

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"Firefighters can safely get rid of leftover hazardous substances after an emergency."

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

44Other powers of authorised person

  1. The authorised person who is in charge of personnel engaged in an emergency—

  2. may, subject to section 48, cause water to be shut off from, or turned into, any main or pipe in order to obtain a greater pressure and supply of water:
    1. may cause any road or railway in the vicinity of the emergency to be closed to people or traffic during the emergency:
      1. may—
        1. remove any vehicle impeding personnel; and
          1. in order to remove the vehicle, use force or break into the vehicle if the authorised person considers it reasonably necessary:
          2. may remove, using reasonable force if necessary, any person—
            1. who, by his or her presence or otherwise, interferes with operations to deal with the emergency; or
              1. who, in the authorised person’s opinion,—
                1. is in danger; or
                  1. is likely to cause danger to any other person or property:
                2. may shut off or disconnect, or order any person able to do so to shut off or disconnect, the supply of gas, fuel oil, or electricity to any building or structure that is on fire or otherwise endangered or that is in the vicinity of the emergency:
                  1. may require the owner or occupier of the property, or the owner’s agent, to provide any information relating to the emergency that is reasonably necessary or desirable in order to perform or exercise his or her functions, duties, or powers:
                    1. may generally do all other things that are reasonably necessary—
                      1. to protect and preserve life; and
                        1. to prevent or limit injury; and
                          1. to prevent or limit damage to property and land; and
                            1. to prevent or limit damage to the environment.

                            2. In this section, road includes—

                            3. a street; and
                              1. a motorway; and
                                1. a highway; and
                                  1. a beach; and
                                    1. a place to which the public has access, whether as of right or not; and
                                      1. all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (e).

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