sec.141Appointment of person in charge of operations

sec.141 Appointment of person in charge of operations

The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances. However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139 (2) only if there is no first officer for the rural fire brigade, within the meaning of section 140 (4) , who is available for controlling or extinguishing the fire. The appointment under subsection (1) may be— written or oral; and for the duration of an event or for a stated or indefinite period. The appointment of a person as the person in charge of operations ends— for an appointment for the duration of an event—at the end of the event; or for an appointment for a stated period—at the end of the stated period; or for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended. Despite subsection (4) , the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended. The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140 (1) (a) and (b) . Section 140 (2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations. Any person performing a function or exercising a power under this section must comply with— any relevant code of practice; and any direction given by the commissioner. s 141 prev s 141 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 141 (prev s 83A) ins 2024 No. 22 s 49 reloc and renum 2024 No. 22 s 51 (2) amd 2024 No. 45 s 134 sch 1 (sec.141-ssec.1) The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances. (sec.141-ssec.2) However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139 (2) only if there is no first officer for the rural fire brigade, within the meaning of section 140 (4) , who is available for controlling or extinguishing the fire. (sec.141-ssec.3) The appointment under subsection (1) may be— written or oral; and for the duration of an event or for a stated or indefinite period. (sec.141-ssec.4) The appointment of a person as the person in charge of operations ends— for an appointment for the duration of an event—at the end of the event; or for an appointment for a stated period—at the end of the stated period; or for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended. (sec.141-ssec.5) Despite subsection (4) , the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended. (sec.141-ssec.6) The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140 (1) (a) and (b) . (sec.141-ssec.7) Section 140 (2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations. (sec.141-ssec.8) Any person performing a function or exercising a power under this section must comply with— any relevant code of practice; and any direction given by the commissioner.