The FENZ Act 2017 includes the following clauses:
72 Minister may approve code of practice for firefighting water supplies
(1) The Minister may approve a code of practice for firefighting water supplies
that FENZ recommends to the Minister under section 73.
(2) Before approving a code of practice for firefighting water supplies, the Minister
must be reasonably satisfied that FENZ has complied with its obligation
under section 73(2).
73 Duty to develop, consult on, recommend the approval of, and publish and
notify code of practice for firefighting water supplies
(1) For the purposes of section 72, FENZ must develop, consult on, recommend
the approval of, and publish an approved code of practice for firefighting water
supplies (code of practice) in accordance with this section.
(2) FENZ must develop a code of practice in consultation with—
(a) local advisory committees; and
(b) any local authority, association of local authorities, or any other appropriate
authorities or organisations.
(3) After developing a code of practice in accordance with subsection (2), FENZ
must submit the code of practice to the Minister for approval.
(4) FENZ must—
(a) publish the approved code of practice on an Internet site maintained by,
or on behalf of, FENZ; and
(b) notify the approved code of practice by notice in the Gazette.
(5) FENZ must review the approved code of practice at intervals of no more than 3
(6) An approved code of practice that is reviewed under subsection (5) must—
(a) be consulted on in accordance with subsection (2); and(b) be submitted to the Minister in accordance with subsection (3); and
© be published and notified in accordance with subsection (4).
(7) A code of practice is a disallowable instrument for the purposes of the Legislation
Act 2012 and must, following approval by the Minister under section 72,
be presented to the House of Representatives under section 41 of that Act.
Powers and duties in relation to firefighting water supply
74 Powers in relation to checks as to adequacy of firefighting water supplies
FENZ may check, and require checks to be made as to, the adequacy of firefighting
water supplies, including tests of water volume and pressure, as FENZ
considers necessary or desirable, in order to check compliance with a code of
practice for firefighting water supplies—
(a) in any water main; or
(b) in any area.
Essentially, the Act gives FENZ carte blanche to ask for any water supply that they see fit, so long as FENZ can demonstrate that they have reasonably consulted with the relevant parties. Considering PAS 4509 as the basis for the water supply requirements, this could present a huge impost upon our clients in regard to capital outlay, lost ground area, on going maintenance etc, all for zero impact upon insurance premiums.
I strongly suggest that the NZ Chapter of SFPE needs to be consulted in this regard, as there does not appear to be any other champion for our clients actually considered as needing to be consulted by the legislation.
Happy to assist the exec if required. Note that the DIA is the responsible party, as the FENZ Act is being bedded down by them.
Peter - your turn.