Legislation 2

Question 1

Section 28 of the Fire Service Act 1975 gives The person in charge of the Fire Services powers to do the following 5 things:

Answer 1

(1) Enter private property (2) Close roads(3) Remove vehicles(4) Remove people(5) Do anything reasonably necessary to protect life and property.

Question 2

Can police exercise section 28 powers if called upon to do so by a member of the Fire Service in charge?

Answer 2

Yes, but only if called upon to do so. (The powers are not automatic)

Question 3

Describe 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.

Answer 3

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.

Question 4

What is the legislation for Attempts?
What are the pertinant points?

Answer 4

Pertinent points:
(1) Intent to commit the offence
(2) Deliberately does/omits an act
(3) To accomplish that objective
(4) Whether or not it was possible to accomplish that objective
(5) Must go beyond mere preparation
(6) Must have taken substantive steps towards accomplishing the objective
(7) Must be done immediately proximate to the intended offence

CA61 s72 Attempts
(1)
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2)
The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3)
An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.