Definitions

Question 1

Intent

Answer 1

1) Doing a deliberate act (more than involuntary or accidental)
2) With intention of getting a specific result (aim, purpose or objective)

Question 2

Proving intent

Answer 2

1) Admissions
2) Circumstantial evidence where intent can be inferred ie. offenders actions and words, surrounding circumstances and the nature of the act itself

Question 3

Recklessness

Answer 3

Consciously and deliberately taking an unjustifiable risk.

Recklessness is a test based on the defendant’s appreciation of the risk of the offence and their decision to run that risk anyway.

Question 4

Proving recklessness

Answer 4

1) That the defendant consciously and deliberately ran a risk (the subjective test)
2) That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test - based on a reasonable and prudent person)

Question 5

Fire

Answer 5

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Question 6

Explosive

Answer 6

Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

Question 7

Damage

Answer 7

Burning, charring, melting, blistering of paint or significant smoke damage.

Causes a change in the object that impairs its value or usefulness

Question 8

Property

Answer 8

Includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, any other right or interest

Question 9

Know or ought to know

Answer 9

Knowing or correctly believing - knowing that the defendant put another person’s life at risk.

Degree of knowledge involves a subjective / objective test:

1) What was the defendant thinking at the time? (subjective)
2) What would a reasonable person have thought in the same circumstances? (objective)

Question 10

Claim of right

Answer 10

A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed

Question 11

Nature of belief (in relation to claim of right)

Answer 11

1) There must be a belief that relates to an element of ownership of the property in question, or a right to take or retain possession of it.
2) Belief must be in relation to the property involved in the commission of the alleged offence
3) Belief held at the time of the alleged offence
4) Belief is actually held by the defendant

Question 12

Immoveable property

Answer 12

Relates to buildings and land and things growing on land, such as forests.

Property is considered immoveable if it is currently fixed in place and unable to be moved

Question 13

Vehicle

Answer 13

A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved

Question 14

Ship

Answer 14

Every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft or like vessel

Question 15

Aircraft

Answer 15

Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

Question 16

Interest

Answer 16

Not defined by legislation.

Tenancy of a property constitutes an interest in it.

Question 17

Obtain

Answer 17

Obtain or retain for himself or herself or for any other person

Question 18

Benefit

Answer 18

Any benefit, pecuniary advantage, privilege, property service or valuable consideration

Question 19

Cause loss

Answer 19

Not defined by legislation.

Means, involving financial detriment to the victim.

Question 20

Person

Answer 20

Proven by circumstantial evidence / judicial notice.

Includes companies and organisations

Question 21

Attempts

Answer 21

Where the offender (1) intends to commit an offence and (2) takes a real and substantial step towards achieving that aim (conduct must be sufficiently proximate to the offence)

Question 22

Sufficiently proximate

Answer 22

Court will analyse:

(1) The defendant’s conduct at the relevant time
(2) Evidence of his/her intent, based on the circumstances and steps taken leading up to that point

Question 23

Knowledge (in ref to s272 CA 1961)

Answer 23

Prosecution must prove that the defendant knew what the substance was

Question 24

Providing explosive etc (in ref to s272 CA 1961)

What it means when it says “explosive, engine, instrument or thing”

Answer 24

Nature of a device intended to explode or cause fire or emission of noxious things

Question 25

s272 - Providing explosives to commit an offence

Answer 25

1) Everyone who
2) Knowingly has in his or her possession or makes makes any explosive substance or dangerous engine, instrument or thing
3) With intent to use or enable another person to use the substance , dangerous engine, instrument or thing
4) To commit an offence

Question 26

What are the Police responsibilities at a fire scene?

Answer 26

1) Conduct the criminal investigation or coronial enquiry
2) Undertake responsibility for the protection, collection and recording of forensic evidence
3) The collection and removal or material from a fire scene will only be done by Police or other agencies with the authority to remove evidence
4) The preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency

Question 27

Section 42, Fire and Emergency New Zealand Act 2017

Answer 27

1) Enter any land, building or structure
2) Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency
3) Take or send any equipment or machine required to be used into, through, or upon any land, building or structure
4) 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
5) 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)
6) Cause any building or structure to be pulled down or shored down (either in part or in whole) at the time of the emergency or within a reasonable time afterward

Question 28

Section 44, FENZ Act 2017

Answer 28

may, subject to section 48, cause water to be shut off from, or turned into, any main or pipe in order to obtain a greater pressure and supply of water:
(b)
may cause any road or railway in the vicinity of the emergency to be closed to people or traffic during the emergency:
(c)
may—
(i)
remove any vehicle impeding personnel; and
(ii)
in order to remove the vehicle, use force or break into the vehicle if the authorised person considers it reasonably necessary:
(d)
may remove, using reasonable force if necessary, any person—
(i)
who, by his or her presence or otherwise, interferes with operations to deal with the emergency; or
(ii)
who, in the authorised person’s opinion,—
(A)
is in danger; or
(B)
is likely to cause danger to any other person or property:
(e)
may shut off or disconnect, or order any person able to do so to shut off or disconnect, the supply of gas, fuel oil, or electricity to any building or structure that is on fire or otherwise endangered or that is in the vicinity of the emergency:
(f)
may require the owner or occupier of the property, or the owner’s agent, to provide any information relating to the emergency that is reasonably necessary or desirable in order to perform or exercise his or her functions, duties, or powers:
(g)
may generally do all other things that are reasonably necessary—
(i)
to protect and preserve life; and
(ii)
to prevent or limit injury; and
(iii)
to prevent or limit damage to property and land; and
(iv)
to prevent or limit damage to the environment.