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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 - Further provisions relating to fire control

62: Firebreaks

You could also call this:

"Creating firebreaks to help control fires on your land"

Illustration for Fire and Emergency New Zealand Act 2017

You can be asked to make a firebreak on your land if Fire and Emergency New Zealand (FENZ) thinks it is necessary for fire control. FENZ can ask you to clear any firebreak on your land or remove vegetation from it. They must give you a notice that says when and how you must do this. You are considered a landholder if you have the right to use or occupy land for at least 10 years. This includes people who have rights to extend or renew their use of the land. It also includes mortgagees who are in possession of the land. FENZ will serve you a notice that specifies what you need to do and by when, as seen in similar legislation such as the s 27(1) of 1977 No 52.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888242.

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Part 2Emergencies, fire control, industry brigades, water supply, and evacuation schemes
Operational functions, duties, and powers: Further provisions relating to fire control

62Firebreaks

  1. FENZ may, by notice, if FENZ reasonably considers it necessary for the purpose of fire control, require a landholder—

  2. to make and clear any firebreak on the landholder’s land:
    1. to remove from any firebreak any vegetation or other thing.

      1. FENZ must serve a notice on the landholder that specifies the time and the manner in which a requirement under subsection (1) must be met.

      2. In this section, landholder—

      3. means any person having a lawful right to use or occupy any land for an unexpired period of not less than 10 years, including any rights of extension or renewal; and
        1. includes a mortgagee in possession.

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