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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Liability-related provisions

164: Damage and liability provisions in relation to defence fire brigades

You could also call this:

"Rules about damage when defence fire brigades help in emergencies"

Illustration for Fire and Emergency New Zealand Act 2017

You need to know about damage and liability when defence fire brigades are involved. When a defence fire brigade is working, some rules apply to them as if they were part of Fire and Emergency New Zealand. This means the Chief of Defence Force is also responsible, like the Fire and Emergency New Zealand boss. You can defend yourself in court if you can prove you followed the Chief of Defence Force's rules for putting out fires and keeping people safe. You must also show that the defence fire brigade personnel did what they were told by the Chief of Defence Force. This is important if someone says you did not do your job properly during an emergency. If you are in a situation where you need to know more, you can look at the relevant law for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6819492.

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Topics:
Emergency services > Fire servicesEmergency services > Emergency responseCrime and justice > LiabilityGovernment and voting > Defence
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Part 4Miscellaneous and enforcement provisions
Liability-related provisions

164Damage and liability provisions in relation to defence fire brigades

  1. Sections 160 and 161 apply, in relation to a defence fire brigade, whether operating within or outside a defence area, as if—

  2. every reference to FENZ or the board were also a reference to the Chief of Defence Force; and
    1. every reference to FENZ personnel or to any other person were also a reference to personnel of a defence fire brigade.

      1. However, in any relevant proceeding in relation to delivery of designated services in an emergency, it is a defence to prove that—

      2. any provision made for the prevention of fire, the suppression and extinguishment of fire, and the protection of property endangered in fire was made in accordance with standards approved by the Chief of Defence Force; and
        1. the personnel of the defence fire brigade concerned complied with all relevant requirements and instructions of the Chief of Defence Force.

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