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Fire and Emergency New Zealand Act 2017

Fire and Emergency New Zealand - Appointments, vacancies, and requirement to leave FENZ - Leaving FENZ compulsorily due to incapacity

33: Board may require member of operational personnel to leave FENZ due to incapacity

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"Fire and Emergency staff can be asked to leave if they can't do their job."

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The board can ask you to leave Fire and Emergency New Zealand (FENZ) if you are unable to do your job properly. This can happen if the board thinks you are not capable of doing your duties and two medical practitioners agree that you are unable to meet certain standards, as prescribed under section 31. The board must tell you in writing and give you at least one month's notice before you have to leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6873304.

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Part 1Fire and Emergency New Zealand
Appointments, vacancies, and requirement to leave FENZ: Leaving FENZ compulsorily due to incapacity

33Board may require member of operational personnel to leave FENZ due to incapacity

  1. The board may require a member of operational personnel to leave FENZ if the conditions in subsection (2) exist.

  2. The conditions are—

  3. that the board is satisfied that the member of operational personnel is incapable of performing competently his or her duties and any other duties that may reasonably be required of the person; and
    1. that 2 medical practitioners, or a medical practitioner and another health practitioner, nominated in each case by the board certify—
      1. that the person’s incapacity is because of the person’s inability to meet any standards prescribed under section 31; and
        1. that the person has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or any other remedial assistance.

        2. If, under this section, the board requires a member of operational personnel to leave FENZ, the board must—

        3. notify the person in writing; and
          1. specify in the notice the time (being not less than 1 month from the date of the notice) within which the board requires the person to leave.

            1. In any case to which the conditions described in subsection (2) apply, the member of operational personnel may, with the consent of the board, waive the right to notice and leave FENZ immediately.

            2. However, in any case described in subsection (2), the board may, where appropriate, offer to transfer a member of operational personnel to a non-operational role in FENZ commensurate with that person’s knowledge, skills, and experience.

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