Fire and Emergency Dispute Resolution Scheme
Volunteers
You can use the Fire and Emergency Scheme to resolve disputes with Fire and Emergency. In most cases, you must have raised, and attempted to resolve, your complaint directly with Fire and Emergency before applying to the Scheme. You can also use the Fire and Emergency Scheme to appeal a decision that you must leave Fire and Emergency due to incapacity (section 33 of the Act). It is free to use the Fire and Emergency Scheme – there are no application costs or fees.
FAQ
Find helpful information related to the Fire and Emergency Dispute Resolution Scheme
What is the Fire and Emergency complaints process?
Before you use the Fire and Emergency Scheme, you should try and resolve your dispute directly by making a complaint to Fire and Emergency. If you are not happy with the outcome of the process, or believe it is taking too long for Fire and Emergency to respond to your complaint, you can apply to use the Fire and Emergency Dispute Resolution Scheme.
The Fire and Emergency website sets out multiple pathways for volunteers to raise a complaint. If you are not happy with the outcome, or believe the complaints process is taking too long, you can apply to use the Fire and Emergency Dispute Resolution Scheme.
You can give us information about the complaints process you have followed as part of your application. For example, you may wish to provide us with a copy of an email you received in response to your complaint.
What are the types of disputes?
Your dispute might relate to things like:
- fire safety, including providing guidance on the safe use of fire as a land management tool
- fire prevention, response, and suppression services
- how Fire and Emergency has responded to an incident (such as fire emergencies, medical emergencies, or motor vehicle crashes)
- safe handling, labelling, signage, storage, and transportation of hazardous substances
- decisions around fire plans
- prohibiting a person from lighting a fire in an open area or accessing an area
- imposed fire season restrictions
- a fire permit application that is granted or declined
- firebreaks or removal of fire hazards
- conduct of Fire and Emergency personnel or a Local Advisory Committee member toward a member of the public
Your dispute might be with Fire and Emergency as an organisation, particular personnel or a group of personnel (such as a brigade). You will be asked who your dispute is with when you make the application.
How can I apply?
If you are ready to apply, you can complete our online application form.
For other ways to send us your application and further information about what you’ll need to provide.
What is my timeframe in creating an application?
Please note that appeals against a firebreak notice or removal or destruction of vegetation notice must be made within 14 days of you receiving that notice. ICRA is not able to accept applications that are made outside this timeframe.
What happens after I submit my application?
Fire and Emergency will notify you of the outcome of your complaint. If you are not satisfied with the outcome, you can apply to use the Fire and Emergency Scheme within 90 days of receiving that notice. Applications that are made later than this will only be accepted in exceptional circumstances.
If you consider there is a good reason not to make an initial complaint directly to Fire and Emergency first, you may still be able to apply. Complete the application form and tell us why you think engaging with Fire and Emergency directly would be inappropriate for your dispute.
You may also be able to apply if you consider that Fire and Emergency has been slow to respond to your complaint. If it has been at least 90 days since you made the complaint/engaged with Fire and Emergency regarding your complaint, you can complete the application form and let us know what steps have been taken so far to resolve your complaint.
What am I able to appeal?
You have the right to appeal:
- firebreak notices (section 62 of the Act)
- removal or destruction of vegetation notices (section 65 of the Act)
Please note that appeals must be made within 14 days of receiving a notice from Fire and Emergency. In this situation, you do not have to make a complaint to Fire and Emergency before applying to the Scheme.
What disputes cannot be considered by the Fire and Emergency Dispute Resolution Scheme?
The Fire and Emergency Scheme cannot consider some disputes. If you have any questions, are unsure whether you can apply to use the Fire and Emergency Scheme or just want to know more, please contact our case management team, who are more than happy to help.
Employment matters
We cannot consider disputes that relate to employment matters, such as personal grievances. For those disputes, we recommend you consult the Employment NZ website https://www.employment.govt.nz/.
Fire levy disputes
Fire and Emergency New Zealand is mainly funded by a levy on contracts of insurance where property is insured against the risk of fire. Matters related to the Fire and Emergency Levy cannot be considered by the Scheme. If you have a complaint regarding this, please contact fel@fireandemergency.nz. More information about the levy is available on the Fire and Emergency website.
Disputes with Fire and Emergency personnel that are personal in nature
You can apply to use the Fire and Emergency Scheme if your dispute relates to Fire and Emergency personnel acting in that capacity. However, the Scheme cannot be used to resolve interpersonal disputes that may occur outside of the Fire and Emergency context. For example, disputes about how that person is behaving when not performing their role for Fire and Emergency.
Issues with the Local Advisory Committees or Ministers
The Scheme cannot be used to resolve policy disputes, for example about decisions made by Ministers or decisions made by or about Local Advisory Committees (LACs) in relation to matters set out in sections 14 to 20 of the Act.
However, disputes relating to members of LACs that:
- do not relate to sections 14 to 20 of the Act;
- have gone through an internal complaints process; and
- are not otherwise excluded from the Scheme’s jurisdiction,
may be considered by the Scheme. The most likely subject matter of such disputes relates to conduct of an LAC member either toward a member of the public or a Fire and Emergency volunteer.
Official information or privacy disputes
Disputes relating to a decision under the Official Information Act 1982 or the Privacy Act 2020 are dealt with under the relevant provisions of those Acts.
The Ombudsmen’s Office or the Office of the Privacy Commissioner may be able to assist with these issues:
- Ombudsmen’s Office: https://www.ombudsman.parliament.nz/or 0800 802 602
- Office of the Privacy Commissioner: https://www.privacy.org.nz/ or 0800 803 909
Next steps
Get in touch
Fill in the form to contact our team to see how we can help or get in touch with us with either of the following:
Freephone: 0508 ICRA REVIEW (427 273 8439)
Office Hours: Monday to Friday 8:30AM to 5:00PM (excl. public holidays)