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Fire and Emergency New Zealand Act 2017

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

176: Application to FENZ for access to sites to which entry is prohibited or restricted

You could also call this:

"Asking FENZ to let you into a closed or restricted site"

Illustration for Fire and Emergency New Zealand Act 2017

You can apply to Fire and Emergency New Zealand (FENZ) to access a site that is closed or restricted. You can do this if you are the owner, the person who was using the site before it was closed, or the insurer of the site. You must apply in writing. You might be allowed to access the site without any conditions, or you might be allowed to access it with some conditions. FENZ can refuse your application if they think you might interfere with evidence or try to change something at the site. If FENZ says no to your application, they must tell you in writing. This is related to section 175, which explains when sites can be closed or restricted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7073046.

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Topics:
Emergency management > Emergency servicesHousing and property > Home safety and repairs
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175: Power to restrict or prohibit entry to sites, or

"Firefighters can stop you entering a site during an emergency to keep things safe"

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177: Application to District Court for access to sites to which entry is prohibited or restricted, or

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

176Application to FENZ for access to sites to which entry is prohibited or restricted

  1. Any of the persons described in subsection (2) may apply, by written notice, to FENZ for access to any land or building to which entry is prohibited or restricted under section 175.

  2. The persons are—

  3. the owner of the land or building:
    1. the occupier of the land or building immediately before access to the land or building was prohibited or restricted:
      1. the insurer (including a duly authorised agent of the insurer) of the land or building.

        1. FENZ may grant an application for access to any land or building—

        2. unconditionally; or
          1. on reasonable conditions.

            1. FENZ may refuse an application if FENZ has reasonable grounds to believe that granting access to any land or building may—

            2. prejudice the preservation or recording of evidence in relation to the emergency; or
              1. lead to the tampering with, or alteration, mutilation, or destruction of, any thing involved in any manner in the emergency.

                1. If FENZ refuses an application, FENZ must inform the applicant of the decision in writing.

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