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Fire and Emergency New Zealand Act 2017

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

172: Power to deal with cause of imminent danger

You could also call this:

"Stopping something that could cause a big emergency soon"

Illustration for Fire and Emergency New Zealand Act 2017

You are on land or in a building when a Fire and Emergency New Zealand inspector comes in under section 170 or 171. The inspector thinks something on or in the land or building is very dangerous and could cause an emergency soon. The inspector can take action to deal with the danger. The inspector can seize, destroy, or take a sample of the thing that is causing the danger. You will get a written notice about what the inspector did. Some rules from the Search and Surveillance Act 2012 also apply in this situation. The inspector must try to get your consent before taking action, if possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888437.

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171: Power to enter homes and marae, or

"Fire inspectors can enter homes and marae with permission or a warrant"

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173: Power to take samples and other objects and things, or

"Fire inspectors can take samples or things to check fire safety"

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

172Power to deal with cause of imminent danger

  1. This section applies if a FENZ inspector who enters any land or a building under section 170 or 171 reasonably believes that any material, substance, structure, or thing on or in the land or the building is defective or hazardous to a degree that it is likely to imminently cause an emergency (the thing that is the cause of imminent danger).

  2. The FENZ inspector may seize, destroy, suppress, or take a sample of the thing that is the cause of imminent danger.

  3. The FENZ inspector must,—

  4. before exercising the power under subsection (2), if it is practicable to do so,—
    1. obtain the consent of the owner or occupier of the land or building; and
      1. take a sample of the thing that is the cause of imminent danger; and
      2. as soon as practicable after exercising the power under subsection (2), give the owner or occupier of the land or building written notice of the action taken in relation to the cause of imminent danger.

        1. The provisions of Part 4 (except subpart 3 and sections 118 and 119) of the Search and Surveillance Act 2012 apply.

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