Legislate Flashcards
Describe the powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017
Powers of authorised person in relation to land, building, or structure.
The powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the Fire Service at the fire site are:
(a) enter any land, building, or structure:
(b) break into any building or structure that may be on fire or otherwise endangered or that is near the emergency:
(c) take or send any equipment or machine required to be used into, through, or upon any land, building, or structure:
(d) remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure:
(e) cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up (either in whole or in part):
(f) cause any building or structure to be pulled down or shored up (either in whole or in part)at the time of the emergency or within a reasonable time afterwards.
Section 44, FENZ 2017
Other powers of authorised person
(1) Shut water
(2) Roads
(3) Gas, Electricity etc
(4) Remove Vehicles
(5) People
(6) Information from owners
(7) Do anything reasonable to preserve life and property
Under section 88 FENZ 2017, What must you prove?
(1) Every one is liable to imprisonment for a term not exceeding 14 years who,
with intent to do grievous bodily harm,—
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) Sets fire to any property.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who,
with intent to injure, or
with reckless disregard for the safety of others,
does any of the acts referred to in subsection (1) of this section.
s36, Summary Offences Act 1981
Lighting fires
….sets fire to any material or substance near any structure or vegetation….