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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Repeals, revocations, and consequential amendments

199: New section 152B inserted (Effect of Fire and Emergency New Zealand Act 2017 on bylaws)

You could also call this:

"Changing fire bylaws to match the Fire and Emergency New Zealand Act 2017"

Illustration for Fire and Emergency New Zealand Act 2017

You can change a bylaw if it is about fires and it needs to be updated. You do this after talking to Fire and Emergency New Zealand. You can make the change without following the usual process. If a bylaw is inconsistent with the Fire and Emergency New Zealand Act 2017, the Act is more important. You must update the bylaw to make it consistent with the Act. You can make this change without following the usual process. You cannot make a new bylaw that is inconsistent with the Fire and Emergency New Zealand Act 2017. A relevant fire bylaw is one that is about removing fire hazards or controlling fires. It can also be about preventing fires from spreading to vegetation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7073050.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councilsHealth and wellbeing > Public health
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Part 4Miscellaneous and enforcement provisions
Repeals, revocations, and consequential amendments

199New section 152B inserted (Effect of Fire and Emergency New Zealand Act 2017 on bylaws)

  1. After section 152A, insert:

    152BEffect of Fire and Emergency New Zealand Act 2017 on bylaws

    1. If a territorial authority is satisfied, after consultation with Fire and Emergency New Zealand, that it is appropriate to amend or revoke a relevant fire bylaw, the territorial authority may, despite anything in this Act, amend or revoke the bylaw by resolution publicly notified without being required to—

    2. consult in accordance with section 82; or
      1. use the special consultative procedure set out in section 83.

        1. In subsection (1), relevant fire bylaw means a bylaw that—

        2. relates to the removal of fire hazards; or
          1. declares prohibited or restricted fire seasons; or
            1. prohibits or otherwise regulates or controls the lighting of fires in open air; or
              1. relates to the prevention of the spread of fires involving vegetation.

                1. If any bylaw made by a territorial authority is inconsistent with the Fire and Emergency New Zealand Act 2017 or any regulations or notice under that Act,—

                2. the Act, regulations, or notice prevails and the bylaw has no effect to the extent of the inconsistency; and
                  1. the territorial authority must amend or revoke the bylaw to remove the inconsistency.

                    1. The territorial authority may, despite anything in this Act, amend or revoke the bylaw to remove the inconsistency by resolution publicly notified, without being required to—

                    2. consult in accordance with section 82; or
                      1. use the special consultative procedure set out in section 83.

                        1. A territorial authority must not make a bylaw that is inconsistent with the Fire and Emergency New Zealand Act 2017 or any regulations or notice under that Act.