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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Powers of entry, inspection, and search

166: Appointment of FENZ inspectors

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"Who can be a Fire and Emergency New Zealand inspector"

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FENZ can appoint people to be FENZ inspectors by giving them a written notice. You can be a FENZ inspector if you are FENZ personnel, an employee of a department as defined in the Public Service Act 2020, or a public service employee as defined in section 65 of the Public Service Act 2020. A FENZ inspector's powers can have conditions or limitations, and these are stated in their appointment notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888432.

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Part 4Miscellaneous and enforcement provisions
Powers of entry, inspection, and search

166Appointment of FENZ inspectors

  1. FENZ may, by notice in writing, appoint any of the following as a FENZ inspector:

  2. FENZ personnel:
    1. an employee of a department (within the meaning of the Public Service Act 2020):
      1. a public service employee as defined in section 65 of the Public Service Act 2020:
        1. a statutory officer:
          1. a prescribed person:
            1. any other person who FENZ is satisfied—
              1. is suitably qualified and trained to exercise any or all of the powers of, and carry out any or all of the duties of, a FENZ inspector under relevant fire safety legislation; or
                1. belongs to a class of persons who are suitably qualified and trained to exercise any or all of the powers of, and carry out any or all of the duties of, a FENZ inspector under relevant fire safety legislation.

                2. A FENZ inspector’s compliance powers are subject to any conditions or limitations specified in the notice of the inspector’s appointment.

                3. However, the exercise of a compliance power by a FENZ inspector is not invalid merely because it does not comply with the conditions specified in the notice of the inspector’s appointment.

                4. In this section, statutory officer means a person who—

                  1. holds or performs duties of an office established by an enactment; or

                  2. performs duties expressly conferred on the person because of his or her office by an enactment.

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                    Notes
                    • Section 166(1)(b): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                    • Section 166(1)(c): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).