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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Liability-related provisions

162: Defences in actions or proceedings relating to designated services

You could also call this:

"Protection if you follow the rules when delivering fire services"

Illustration for Fire and Emergency New Zealand Act 2017

You can be taken to court if you do not deliver designated services properly. This can happen to Fire and Emergency New Zealand, the board, FENZ personnel, or authorised people. You have a defence if you can prove you followed all the rules. You are protected if you did what you were supposed to do. This means you followed the policies and instructions of Fire and Emergency New Zealand or the board. This is important when it comes to preventing fires, putting out fires, and protecting property. A relevant proceeding is a court case about not doing enough to prevent fires, put out fires, or protect property. It is also about not delivering designated services to protect life, prevent injury, or prevent damage to property, land, or the environment. You can look at s 43(2) of a previous law for comparison.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6819489.

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Topics:
Emergency services > Fire servicesCrime and justice > Police and safetyEnvironment and resources > ConservationEnvironment and resources > Protection of property and environment
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Part 4Miscellaneous and enforcement provisions
Liability-related provisions

162Defences in actions or proceedings relating to designated services

  1. This section applies in any relevant proceeding taken against any of the following in relation to the delivery of designated services:

  2. FENZ:
    1. the board:
      1. any FENZ personnel:
        1. any authorised person.

          1. The defendant has a defence if the defendant proves that the defendant had complied with all relevant policies, standards, and operational instructions of FENZ or the board.

          2. In this section, relevant proceeding means a proceeding relating to the failure to make, or the negligence in making, adequate provision for—

          3. the prevention of fire:
            1. the suppression and extinguishment of fire:
              1. the protection of property endangered by fire:
                1. the delivery of designated services, where required,—
                  1. to protect and preserve life:
                    1. to prevent or limit injury:
                      1. to prevent or limit damage to property and land:
                        1. to prevent or limit damage to the environment.

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