The Department of Internal Affairs

Te Tari Taiwhenua | Department of Internal Affairs

Building a safe, prosperous and respected nation



 

Regulatory system information: Fire and Emergency Services

Description of the regulatory system

System objectives/purposes

The fire and emergency regulatory system aims to:

  • reduce the incidence and impact of unwanted fire and other emergencies, and the associated risk to life and property
  • reduce the impact of natural disasters and the associated risk to life and property.

Key statutes

Key regulations

Brief description of what the system does

Fire and Emergency New Zealand (FENZ) is accountable to the Minister of Internal Affairs through the Crown Entities regime.

FENZ delivers fire and emergency services to all New Zealanders, including promoting fire safety, fire and hazardous substances responses, and urban search and rescue.

It also delivers, and works with other agencies to deliver, responses to medical emergencies, traffic accidents, rescues, natural hazards and disasters, maritime incidents, etc.

FENZ is a main responder to significant natural disasters, such as the Christchurch and Kaikoura earthquakes, and the Port Hills and Nelson/Tasman fires.

Agencies involved in the fire services regulatory system

  • FENZ delivers emergency services nationwide. Its main functions include promoting fire safety; delivering fire prevention, response and suppression services; responding to hazardous substances incidents; rescuing trapped people as a result of traffic or other incidents; and undertaking urban search and rescue. Its additional functions include a wide array of emergency response functions, such as responding to medical emergencies, weather, natural hazard and disaster events.
  • The Department of Internal Affairs has responsibility for fire services policy and monitoring of FENZ.
  • Other agencies play operational roles in the delivery of fire and emergency services, including:
    • New Zealand Defence Force
    • Department of Conservation
    • New Zealand Police and Ambulance Services
    • Ministry of Civil Defence and Emergency Management
    • Ministry of Primary Industries.
  • All New Zealanders receive the benefits of FENZ’s services
  • Rural communities are particularly reliant on volunteers and use fire as a land management tool
  • Insurers collect levy payments on behalf of FENZ.
  • Owners who insure their property pay levy to FENZ in varying degrees.
  • A large proportion of FENZ’s operational personnel are volunteer firefighters.

Engagement between system agencies and regulated parties

The new levy regime under the FENZ Act requires FENZ to undertake a three-yearly review of its levy rate, including public and stakeholder consultation on FENZ's activities and costs.

The Fire and Emergency New Zealand Act 2017 establishes Local Advisory Committees (LACs) to provide local input into FENZ’s national planning, ensuring that it is responsive to the risks and needs of communities. FENZ intends to establish LACs nationally in 2019.

Fitness-for-purpose assessment

Reviews/assessments of the fire and emergency regulatory system

The Government reviewed New Zealand’s fire services in 2014, which built on a 2012 review from the Independent Fire Review Panel. The review aimed to ensure New Zealand’s fire services are modern, efficient, have a sustainable volunteer firefighter base, meet the needs of both urban and rural communities, and recognising a wider emergency response role for the service (for example to medical events and floods).

This involved extensive public engagement, including consultation with both rural and urban fire brigades. This resulted in the passing of the Fire and Emergency New Zealand Act 2017, which amalgamated rural and urban fire services under the national organisation, FENZ.

Review/assessment findings

Effectiveness

The extent to which the system delivers the intended outcomes and impacts

The FENZ Act sets out FENZ’s functions. It is well aligned to current government priorities and up to date. Its interaction with other legislation is well understood. FENZ is carrying out its functions effectively.

FENZ publishes a Statement of Intent periodically and an annual statement of performance expectations. FENZ reports quarterly to the Minister of Internal Affairs against these. The Department of Internal Affairs monitors FENZ to ensure reform objectives are delivered.

Once they are operational, FENZ will operate with input from its Local Advisory Committees.

Efficiency

The extent to which the system minimises unintended consequences and undue costs and burdens

The new consultation requirements for setting the levy rate will provide public and stakeholder scrutiny of FENZ's anticipated costings of its activities.

The FENZ Act includes improved processes for the approval of fire permits and evacuation schemes. The effectiveness of these processes has not yet been assessed as they have not been in place for long.

Durability and resilience

How well the system copes with variation, change and pressures

The new Act provides a high level of autonomy and flexibility for the FENZ Board to structure its organisation and services. This means FENZ can remain responsive to immediate issues (e.g. significant natural disasters), and emerging trends (e.g. population growth, urbanization).

The new consultation requirements for setting the levy rate will also provide public and stakeholder scrutiny of FENZ's proposed activities and priorities.

Fairness and accountability

How well the system respects rights and delivers good process

FENZ’s powers under the new Act (e.g. to direct the public at an incident, search powers for investigations and confidentiality requirements for commercial information) were vetted for consistency with the New Zealand Bill of Rights Act 1990 during the passage of the legislation.

The FENZ Act requires FENZ to develop a dispute resolution scheme for resolving disputes on any matter under the FENZ Act. The scheme is available to volunteers and the public. The scheme must operate in accordance with six general principles of accessibility, independence, fairness, accountability, efficiency, and effectiveness. FENZ is currently designing its dispute resolution scheme, which it intends to publicly consult on in 2019. An interim dispute resolution scheme is in place until the new scheme is operational.

Plans for regulatory and operational improvements

Key regulatory changes planned for 2018/19

In March 2019, the Government initiated a review of FENZ’s funding regime, with the aim to identify whether more suitable options exist for funding FENZ than the current levy on property insurance.

The Government has identified several amendments to the FENZ Act that need to be made to ensure it functions as intended. These are expected to be addressed alongside the changes to the FENZ Act that will be required following the review of FENZ’s funding model in the coming years.

Key service design and operational changes planned for 2018/19

FENZ has responsibility for its service design and operations. FENZ is currently developing its Operating Model which will guide the changes needed to create and build a unified and future-oriented emergency response organization. FENZ has completed the high-level design of the Operating Model and is developing and implementing the more detailed design in tranches over the coming years.