38. Requisition by Fire Officer of assistance to extinguish
 fires---(1) In the event of a fire occurring in any rural fire district,
 a Fire Officer may require any fit person over the age of 18 years
 residing or working within the rural fire district or within 8 km of the
 boundary thereof to assist in extinguishing the fire.

   (2) In any case where a fire occurs in a county area while an order is
 in force under section 21 of this Act in respect of any specified area,
 a Fire Officer may require any fit person over the age of 18 years
 residing or working in the specified area, or within 8 km of the
 boundary thereof to assist in extinguishing the fire.

   (3) In any case where a fire occurs in a county area while no order is
 in force under section 21 of this Act, or if in the opinion of the Fire
 Officer the area affected by any such order as aforesaid is not great
 enough, and owing to weather or other conditions there is an extreme
 fire hazard whereby life and property may be endangered by the spreading
 of the fire, the Fire Officer may issue or cause to be issued, either by
 broadcast or by other effective means, a notice declaring that there is
 a local fire emergency in such area as may be specified, and in that
 case the Fire Officer may require any fit person over the age of 18
 years residing or working in the specified area or within 8 km of the
 boundary thereof to assist in extinguishing the fire.

   (4) In the event of a fire occurring on or within 1.5 km of any State
 area, a Fire Officer for the area may require any fit person over the
 age of 18 years residing or working on or within 8 km of the boundary of
 any State area on which the fire is burning or to which it is likely to
 spread to assist in extinguishing the fire.

   (5) In exercising any power under this section, the Fire Officer shall
 not be able to compel any member of a brigade to render any assistance
 except in accordance with a scheme approved by the New Zealand Fire
 Service Commission; and shall leave available a sufficient number of men
 to protect other property.

   (6) All persons, other than members of a voluntary rural fire-fighting
 organisation, who, having voluntarily placed their services at the
 disposal of the Fire Officer and by arrangement made with him at the
 time of the fire or in response to a requirement pursuant to this
 section, render assistance under the control and direction of the Fire
 Officer, shall be entitled to be remunerated by the Fire Authority by
 which the Fire Officer is employed under such circumstances, at such
 rate, and subject to such conditions as may be prescribed by the
 Minister, and they shall be deemed for the purposes of [the Accident
 Compensation Act 1982] while so acting to be employed by the Fire
 Authority. In any case where the Fire Authority is the Minister of
 [Conservation] or a committee appointed by him or the Minister of
 Defence, all remuneration payable under this subsection shall be paid
 out of money appropriated by Parliament for the purpose.

   (7) The exemptions, terms, and conditions on or subject to which
 persons whose services are required under this section or who otherwise
 assist in fire-fighting operations shall serve the Fire Authority shall
 be as prescribed from time to time.

   (8) Every person not being engaged in essential services where
 adequate precautions against the outbreak or spread of fire are taken
 who without sufficient cause, the proof whereof shall lie on him, fails
 to comply immediately with the request of a Fire Officer under this
 section commits an offence against this Act.
     Cf. 1955, No. 44, s. 34

       In subs. (6) the Accident Compensation Act 1982, being the
     corresponding enactment in force at the date of this reprint, has
     been substituted for the repealed Accident Compensation Act 1972;
     and the word ``Conservation'' was substituted for the word
     ``Forests'' by s. 65 (1) of the Conservation Act 1987.