2. Interpretation---(1) In this Act, unless the context otherwise
requires,---
``Apparatus'' includes all haulage or other means of transport, and
all machinery, equipment, devices, materials, and things used
for or in connection with fire control:
``Area'' includes any land, locality, location, or place, whether in
a district or not, to which a fire control measure applies or
may apply:
``Backburn'' means a counterfire commenced from within continuous
fuel for the purpose of fighting a fire:
``Brigade'' or ``fire brigade'' means a group of persons organised
and trained for the prevention, suppression, and extinction of
fires in urban areas, and responsible to the New Zealand Fire
Service Commission or a Department of State for discipline and
duty; and includes a volunteer fire brigade and an industrial
fire brigade registered under the Fire Service Act 1975 [and a
defence fire brigade (as defined in section 2 (1) of that Act)]:
``Broadcast'' means broadcast as defined in section 2 of the
Broadcasting Act 1976:
``Burnout'' means a counterfire commenced from a natural or
previously constructed firebreak for the purpose of fighting a
fire:
[``Conservation area'' has the same meaning as in the Conservation
Act 1987:]
``County area'' means all the land that is not included in---
(a) A rural fire district; or
(b) A Fire District within the meaning of the Fire Service Act
1975; or
(c) A State area; or
(d) In relation to fire control measures pursuant to section
14 (5) of this Act, the fire safety margin of a State area:
. . . . .
``District'' means, as the case may require,---
(a) A county area; or
(b) A rural fire district; or
(c) A State area; or
(d) An area in respect of which the New Zealand Fire Service
Commission has entered into an agreement or arrangement with a
Fire Authority pursuant to sections 9 (a) and 14 (2) of this
Act, but only to the extent of that agreement or arrangement; or
(e) An area in respect of which a local authority exercises
the functions of a Fire Authority pursuant to section 9 (b) of
this Act, but only to the extent approved under that section by
the Minister and the New Zealand Fire Service Commission:
``Eligible landholder'' means any owner, lessee, sublessee,
licensee, permittee, or other person having a right lawfully to
use or occupy any land or structure for an unexpired period of
not less than 10 years, including any rights of extension or
renewal; and includes a mortgagee in possession:
``Essential services'' means services---
(a) For the supply and distribution of food, water, fuel,
power, and other necessities:
(b) For the maintenance of transport and communication
facilities essential to the well-being of the community:
(c) For the maintenance of the health of the community:
(d) For the maintenance of law and order, public safety, and
the defence of the State:
(e) For the preservation of property at immediate risk of
destruction or deterioration:
``Exotic forest'' means a forest, woodlot, or plantation comprised
principally or entirely of tree species not indigenous to New
Zealand:
``Fire Authority'' means---
(a) In relation to a rural fire district, the rural fire
committee in which the administration of the district is vested
or, as the case may be, the Minister of [Conservation] or the
Minister of Defence:
(b) In relation to a county area, the county council, district
council, or borough council, as the case may be, having
territorial jurisdiction in respect of that area:
(c) In relation to any State area, the Minister [of
Conservation]:
(d) In relation to the fire safety margin of any State area,
the Minister [of Conservation] to the extent provided by section
14 (5) of this Act:
(e) In relation to any land or other property subject to any
agreement or arrangement made pursuant to subsection (1) or
subsection (2) of section 14 of this Act, the party thereby
appointed to act:
Provided that the powers and duties of that party as a Fire
Authority shall extend only as far as is provided by that
agreement or arrangement:
(f) In relation to any land or other property in respect of
which a local authority exercises the functions of a Fire
Authority pursuant to section 9 (b) of this Act, that local
authority to the extent approved under that section by the
Minister [of Forestry] and the New Zealand Fire Service
Commission:
``Fire control'', in relation to forest, rural, and other areas of
vegetation, means---
(a) The prevention, detection, control, restriction,
suppression, and extinction of fire; and
(b) The safeguarding of life and property from damage and risk
of damage by or in relation to fire; and
(c) All measures conducive to or intended to further or effect
such prevention, detection, control, restriction, suppression,
extinction, or safeguarding;---
and ``fire control measure'' has a corresponding meaning:
``Fire Officer'' or ``Rural Fire Officer'' means a person appointed
as a Rural Fire Officer by or pursuant to section 13 of this
Act:
``Fire plan'' means a statement compiled and issued by a Fire
Authority defining policy, chain of command, and procedure, in
relation to fire control by that Authority:
``Fire safety margin'' means any land (not being the whole or part
of a defence area within the meaning of the Defence Act 1971)
that---
(a) In relation to a State area, is situated outside that area
but within 1.5 km (or such lesser distance as may be approved by
the Minister [of Conservation] and by any other Fire Authority
that is responsible for that area, and notified in the Gazette)
of the boundary thereof:
(b) In relation to a forest area, is situated outside that
area but within such distance (not exceeding 1.5 km) of the
boundary thereof as is approved by the Fire Authority of that
area:
``Firebreak'' means a natural or artificial physical barrier against
the spread of fire from or into any area of continuous flammable
material:
``Forest'' includes, in addition to areas of tree species,---
(a) All access ways or strips, roads, pathways, snig tracks
and other tracks, bridges, airfields, airstrips, helicopter
pads, tramways, and railways:
(b) All grazing areas, firebreaks, clearings (whether natural
or otherwise), and burntover areas:
(c) Areas containing thinnings, slash, sawdust, slabs, or
other debris:
(d) Areas of vegetation other than tree species:
(e) All banks, beds, arms, or shores of streams, creeks,
reservoirs, rivers, or lakes, or of the sea:
(f) All earthworks (including dams and stopbanks):
(g) All buildings and other structures,---
contained within a forest, or adjacent to and used in connection
with a forest:
``Forest area'' means an area of land registered in the Forest Area
Register of a Fire Authority pursuant to section 17 of this Act:
``Forest produce'' means trees and plants and the produce of trees
and plants:
``Landholder'' means any owner, lessee, sublessee, licensee, holder
of a permit, or other person, having a right lawfully to use or
occupy any land or structure for an unexpired period of not less
than one year, including any rights of extension or renewal; and
includes a mortgagee in possession:
``Local authority'' means any local authority within the meaning of
Part VI of the Local Authorities Loans Act 1956:
``Maritime Park'' means a Maritime Park constituted by the Hauraki
Gulf Maritime Park Act 1967 or the area administered by a
Maritime Park Board constituted under [the Reserves Act 1977] or
any other enactment:
``Minister'' means [the Minister of Forestry]:
``New Zealand Fire Service Commission'' means the New Zealand Fire
Service Commission constituted by the Fire Service Act 1975:
``Notice'' has the meaning set out in section 63 of this Act:
``Open air'', in relation to fires, means otherwise than within---
(a) A fireplace (including any enclosed fireproof place or
incinerator for combustion by fire) constructed and maintained
in a dwelling or other structure or in any other place to the
approval of the public or local authority having jurisdiction to
issue the relevant permit to build such dwelling or structure or
to authorise the construction or installation of the fireplace;
or
(b) An incinerator operated by or with the written approval of
the [Director-General of Lands in the case of a National Park
or] the relevant . . . Maritime Park Board, or, where a public
reserve is vested in the Crown and no administering body of that
reserve has been appointed, of the [Director-General of
Conservation] or of a Fire Officer having jurisdiction to issue
permits to light fires within the relevant district within which
the National or Maritime Park or public reserve is situate; or
(c) Any barbecue, whether fixed or portable,---
(i) Which is of a type or construction prescribed by
regulations under this Act or authorised, specifically
or generally, by the Fire Officer or Chief Fire Officer
within whose jurisdiction the barbecue is to be used;
and
(ii) Which is used in any area so prescribed or
authorised:
(d) Such other receptacle or place as may from time to time be
authorised by the Fire Authority for the relevant District or be
prescribed:
``Open season'' or ``open fire season'' means a period of time,
whether of fixed or indefinite duration, during which period the
lighting of fires in the open air is neither prohibited nor
restricted under this Act:
``Owner'', in relation to any land or structure, means the person
who for the time being is entitled to the rack rent thereof or
who would be so entitled if the land or structure were let at a
rack rent; and includes any public or local authority which for
the time being has control of the land or structure; and, in
relation to any movables, means the person who for the time
being is in possession of such movables:
``Permit'', in relation to the lighting of fires in the open air,
means a fire control measure in accordance with which a person
may light such fires without committing an offence against
section 23 (1) of this Act; and includes a special permit issued
pursuant to section 24 of this Act:
``Person'' includes any association, body, or authority, whether
corporate or not:
[``Prescribed'' means prescribed by regulations under this Act or by
the Ministry of Forestry or the Secretary of Forestry]:
``Principal Fire Officer''---
(a) In relation to any State area for which a Principal Rural
Fire Officer is appointed by the Minister [of Conservation] or
any other district for which a Principal Rural Fire Officer is
appointed by the Fire Authority, means that officer or, where he
is absent or unavailable or unable to act, the person acting as
Principal Fire Officer pursuant to the Fire Plan for that area
or district:
(b) In relation to any district (other than a State area) for
which there is only one Fire Officer, means that officer or,
where he is absent or unavailable or unable to act, the person
acting as Principal Fire Officer pursuant to the Fire Plan for
that district:
(c) In relation to any State area for which no Principal Rural
Fire Officer has been appointed by the Minister [of
Conservation], means any [Forestry Officer] under the Forests
Act 1949:
``Prohibited season'' or ``prohibited fire season'' means a period
of time, whether of fixed or indefinite duration, specified
pursuant to this Act, during which period the lighting of fires
in the open air is prohibited under this Act:
``Property'' includes real and personal property, and any estate or
interest in any real or personal property, and any debt, and any
thing in action, and any other right or interest; and, without
limiting the generality of the foregoing words, shall be deemed
to include any public work (as defined by [the Public Works Act
1981]) situated within a district, and in particular any
stopbank so situated:
``Restricted season'' or ``restricted fire season'' means a period
of time, whether of fixed or indefinite duration, specified
pursuant to this Act, during which period permits or authorities
are required by this Act for the lighting of fires in the open
air:
``Rural Fire Mediator'' or ``Mediator'' means a Rural Fire Mediator
appointed by the Minister [of Forestry] pursuant to section 64
of this Act:
``Rural fire committee'' means a rural fire committee constituted
under this Act:
``Rural fire district'' means a rural fire district constituted
under this Act:
[``Secretary'' means [[the Secretary of Forestry]] appointed under
the Forests Act 1949; and includes any person for the time being
authorised pursuant to that Act, or [[the State Sector Act
1988]], or any other enactment, to exercise and perform the
powers and duties of [[the Secretary of Forestry]]:]
``Specially protected property'' means property which, or the nature
of which, has been defined by Order in Council under section 6
of this Act:
``Specially protected site'' means the land, structure, or place on,
in, or at which any specially protected property is or may be
situated:
``State area'' means---
[(a) Any conservation area; and]
(b) Any National Park within the meaning of [the National
Parks Act 1980]; and
(c) Any lands of the Crown within the meaning of section 176
of the Land Act 1948; and
(d) All land administered as Maritime Parks; and
(e) Any other area or class of land (whether or not vested in
or administered by the Crown) declared by Order in Council to be
a State area for the purposes of this Act; and
(f) As to fire control measures pursuant to section 14 (5) of
this Act, the fire safety margin of every State area;---
but does not include---
(g) Any area included in a Rural Fire District; or
[(h) Any conservation area for the time being expressly
excluded from any State area by notice published in the Gazette
by the Director-General of Conservation; or]
(i) Any Fire District within the meaning of the Fire Service
Act 1975:
``Sufficiently described'', in respect of any area or parcel of
land, or any structure or place, means that the area, parcel,
structure or place is described or defined in any manner
reasonably sufficient to show its location and extent, including
description or definition---
(a) By physical features; or
(b) As all or part of the land controlled by one or more local
authorities; or
(c) By boundaries marked by aerial photographs; or
(d) By any other sufficient or popular or untechnical
reference---
to the approval of the relevant Fire Authority or Fire
Authorities; and ``sufficiently describe'' and ``sufficient
description'' have corresponding meanings:
``Vegetation'' includes---
(a) All plants and the produce thereof, live or dead,
standing, fallen, windblown, cut, broken, pulverised, sawn, or
harvested, natural or disturbed, in use or as waste, rubbish,
refuse or debris, stump, stubble, or otherwise; and
(b) Fossil fuel exposed at or lying within 20 metres of the
surface of any land; and
(c) Peat in any form;---
but does not include wood forming part of a structure or
otherwise in processed form.
(2) Where any person is empowered or required to do or suffer any
thing by or in relation to this Act, or in relation to fire control, but
is---
(a) Subject to any disability or incapacity, or is dead, or is for any
other reason unable to do or suffer that thing, it shall be
lawful and sufficient for the appropriate agent, assignee,
receiver, liquidator, manager, guardian, trustee, or personal
representative of that person to do or suffer that thing:
(b) An association, body, or authority, whether corporate or not, it
shall be lawful or sufficient for a secretary, clerk, manager,
director, chairman, mayor, committee member, or other appointee
or holder of office, or for its solicitor, to do or suffer that
thing as agent or representative for, on behalf of, in the name
of or in the place of that association, body, or authority.
Cf. 1955, No. 44, s. 2
In subs. (1):
``Brigade'': In the definition of this term the words in square
brackets were added by s. 2 (4) of the Fire Service Amendment Act
1978.
``Conservation area'': The definition of this term was substituted
for the definition of the term ``Conservator of Forests'' by s. 65
(1) of the Conservation Act 1987.
``Director-General'': A definition of this term has been omitted
and replaced by a definition of the term ``Secretary'', which has
been inserted in its correct alphabetical order, pursuant to s. 2
(2) (c) of the Forests Act 1949 (as added by s. 32 (1) of the
State-Owned Enterprises Act 1986)..
``Fire Authority'': In para. (a) the word ``Conservation'' was
substituted for the word ``Forests'', and in paras. (c) and (d) the
words ``of Conservation'' were inserted, by s. 65 (1) of the
Conservation Act 1987. In para. (f) the words ``of Forestry'' were
inserted by s. 2 (1) (a) of the Forest and Rural Fires Amendment Act
1987.
``Fire safety margin'': In para. (a) the words ``of Conservation''
were inserted by s. 65 (1) of the Conservation Act 1987.
``Maritime Park'': In the definition of this term the Reserves Act
1977, being the corresponding enactment in force at the date of this
reprint, has been substituted for the repealed Reserves and Domains
Act 1953.
``Minister'': The reference to the Minister of Forestry was
substituted for a reference to the Minister of Forests by s. 2 (2)
(a) of the Forests Act 1949 (as added by s. 32 (1) of the
State-Owned Enterprises Act 1986).
``Open air'': In para. (b) of the definition of this term the
words in the first set of square brackets were inserted, and the
words ``National or'' were omitted, by s. 80 (1) of the National
Parks Act 1980. The words in the second set of square brackets were
substituted for the former words by s. 65 (1) of the Conservation
Act 1987.
``Prescribed'': The definition of this term was substituted for
the original definition by s. 2 (2) of the Forest and Rural Fires
Amendment Act 1987.
``Principal Fire Officer'': In paras. (a) and (c) the words ``of
Conservation'' were inserted by s. 2 (1) (b) of the Forest and Rural
Fires Amendment Act 1987; and in para. (c) the reference to a
Forestry Officer was substituted for a reference to a Forest Officer
by s. 2 (2) (d) of the Forests Act 1949 (as added by s. 32 (1) of
the State-Owned Enterprises Act 1986).
``Property'': In the definition of this term the Public Works Act
1981, being the corresponding enactment in force at the date of this
reprint, has been substituted for the repealed Public Works Act
1928.
``Rural Fire Mediator'': The words ``of Forestry'' were inserted
by s. 2 (1) (a) of the Forest and Rural Fires Amendment Act 1987.
``Secretary'': As to this definition, see the note to
``Director-General''. The references to the Secretary of Forestry
were substituted for references to the Director-General of Forests
by s. 2 (2) (c) of the Forests Act 1949 (as added by s. 32 (1) of
the State-Owned Enterprises Act 1986), and the reference to the
State Sector Act 1988 was substituted for a reference to the State
Services Act 1962 by s. 90 (a) of the State Sector Act 1988.
``State area'': Para. (a) was substituted for the original para.
(a) by s. 65 (1) of the Conservation Act 1987. In para. (b) of the
definition of this term the National Parks Act 1980, being the
corresponding enactment in force at the date of this reprint, has
been substituted for the repealed National Parks Act 1952. Para. (h)
was substituted for the original para. (h) by s. 65 (1) of the
Conservation Act 1987.