Application for On-Licence or Renewal of On-Licence #958611
Mackenzie, Timaru, Waimate District Licensing Committee Page 11
Fire and Emergency New Zealand Act 2017
75 Relevant building defined for purposes of sections 76 to 79
(1) In sections 76 to 79, relevant building means a building or part of a building used for 1 or
more of the following purposes:
(a) the gathering together, for any purpose, of 100 or more persons:
(b) providing employment facilities for 10 or more persons:
(c) providing accommodation for 6 or more persons (other than in 3 or fewer
household units):
(d) a place where hazardous substances are present in quantities exceeding the
prescribed minimum amounts, whatever the purpose for which the building is used:
(e) providing an early childhood education and care centre (other than in a household
unit):
(f) providing nursing, medical, or geriatric care (other than in a household unit):
(g) providing specialised care for persons with disabilities (other than in a household
unit):
(h) providing accommodation for persons under lawful detention (not being persons
serving a sentence of home detention or community detention, or serving a
sentence of imprisonment on home detention, or on parole subject to residential
restrictions imposed under section 15 of the Parole Act 2002):
(i) any other prescribed purpose.
(2) However, in sections 76 to 79, relevant building does not include premises of a mission (as
defined in section 2(1)of the Diplomatic Privileges and Immunities Act 1968).
(3) In this section, early childhood education and care centre has the same meaning as
in section 310 of the Education Act 1989.
76 Owner must provide and maintain evacuation scheme for relevant building
(1) The owner of a relevant building must provide an evacuation scheme that is designed to
enable evacuation from the scene of a fire or an alarm of fire safely to a place of safety
within a reasonable time.
(2) The owner of a relevant building must maintain an evacuation scheme that has been
approved by FENZ under section 77.
(3) However, the owner of a relevant building is not required to provide or maintain an
evacuation scheme for the building if—
(a) the building is used for a purpose specified in section 75(1)(b) or (c); and
(b) the building has an automatic sprinkler system; and
(c) the owner of the relevant building notifies FENZ, in writing and in the prescribed
form (if any), that the building does not require an evacuation scheme.
(4) A person who knowingly contravenes subsection (1) or (2) commits an offence and is
liable on conviction,—
(a) in the case of an individual, to a term of imprisonment not exceeding 6 months or
to a fine not exceeding $75,000, or both:
(b) in any other case, to a fine not exceeding $150,000.
(5) In this section,—
• automatic sprinkler system means an automatic sprinkler system that satisfies the
minimum standard required by regulations made under section 192(1)(c)
• evacuation scheme means an evacuation scheme that complies with regulations
made under section 192(1)(b).