1
Q
Arson -
CA61, S267(1)(a) - [14y]
A
- Intentionally, OR
Recklessly - Damages by Fire,
OR
Damages by means of
explosive - Any property
- If he or she knows,
OR
Ought to know - That danger to life is likely
to ensue
2
Q
Arson -
CA61, S267(1)(b) - [14y]
A
- Intentionally, OR
Recklessly - And without claim of right
- Damages by Fire,
OR
Damages by means of
explosive
4. Any immovable property, OR Any vehicle, OR Any ship, OR Any aircraft
- In which that person has no interest
3
Q
Arson -
CA61, S267(1)(c) - [14y]
A
- Intentionally
- Damages by Fire,
OR
Damages by means of
explosive
3. Any immovable property, OR Any vehicle, OR Any ship, OR Any aircraft
4. With intent to obtain any benefit, OR Cause loss to any other person.
4
Q
Arson -
CA61, S267(2)(a) - [7y]
A
- Intentionally, OR
Recklessly - And without claim of right
- Damages by Fire,
OR
Damages by means of
explosive - Any property (other than property referred to in 267(1)
- In which that person has no interest
5
Q
Arson -
CA61, S267(2)(b) - [7y]
A
- Intentionally, OR
Recklessly - Damages by Fire,
OR
Damages by means of
explosive - Any property (other than property referred to in 267(1)
4. With intent to obtain any benefit, OR Cause loss to any other person.
6
Q
Arson -
CA61, S267(3) - [5y]
A
- Intentionally
- Damages by Fire,
OR
Damages by means of
explosive - Any property
- With reckless disregard for the safety of any other property.
7
Q
Attempted Arson -
CA61, S268 - [10y]
A
- Having the intent to commit an offence (arson)
2. Does or omits an act for the purpose of accomplishing his object.
8
Q
Intentional Damage -
CA61, S269(1) - [10y]
A
- Intentionally, OR
Recklessly - Destroys or damages any property
- If he or she knows,
OR
Ought to know - That danger to life is likely
to ensue
9
Q
Intentional Damage -
CA61, S269(2)(a) - [7y]
A
- Intentionally, OR
Recklessly - And without claim of right
- Destroys or damages any property
- In which that person has no interest
10
Q
Intentional Damage -
CA61, S269(2)(b) - [7y]
A
- Intentionally, OR
Recklessly - And without claim of right
- Destroys or damages any property
4. With intent to obtain any benefit, OR Cause loss to any other person.
11
Q
Intentional Damage -
CA61, S269(3) - [7y]
A
- Intentionally
- Destroys or damages any property
- With reckless disregard for the safety of any other property.
12
Q
What is the case law regarding recklessness?
A
R v HARNEY
Recklessness means the conscious and deliberate taken of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
13
Q
What is the case law regarding intent (implied)?
A
R V COLLISTER
Intent can implied from conduct and circumstances.
14
Q
What is the case law regarding Damages by fire?
A
R v ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of value or usefulness.
15
Q
What is the case law regarding Cause Loss?
A
R v MORLEY
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
16
Q
What is the case law regarding Interest?
A
R v WILSON
Tenancy of a property constitutes an interest in it
17
Q
What is the case law regarding Sufficiently Proximate?
A
R v HARPUR
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. the defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.
18
Q
What must be present for attempted arson (S268)?
A
Intend to commit the offence
Take a real and substantial step towards achieving that aim (act sufficiently proximate to full offence)
19
Q
What is the definition of ‘Claim of Right’?
A
A belief at the time of the act of a right to possess or own the property in question.
Belief may be based on ignorance or mistake of fact or law.
20
Q
What is the definition of a deliberate act?
A
The act or omission is done deliberately. It must be more than involuntary or accidental.
21
Q
What is the definition of intent?
A
The must be an intention to commit the act and secondly an intention to get a specific result.
22
Q
What is the definition of ‘recklessness’?
A
The conscious and deliberate taking of an unjustified risk.
23
Q
What is the definition of ‘Damages by Fire’?
A
Fire often involves burning and charring but also includes melting, blistering of paint and significant smoke damage.
24
Q
What is the definition of immovable property?
A
Property that is not intended to be moved. Refers to buildings, land and things growing on land, such as forests.
25
What is the definition of a vehicle?
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
26
What is the definition of Property?
Includes and real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, anything in action, and any other right or interest.
27
What is the definition of knowledge?
SIMESTER and BROOKBANKS
Knowing or correctly believing. The belief must be a correct one, where the belief is wrong a person cannot know something.
28
What is the definition of Danger to Life?
Human life, and the danger must be to the life of someone other than the defendant.
29
What is the definition of a ship?
Every discription of a vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft or like vessel and any ship belonging to or used as a ship of the armed forces of any country.
30
What is the definition of an aircraft?
Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.
31
What (other than humans) is included in the definition of a person?
The Crown and any public body or local authority.
Any board, society or company.
Any other body of persons, whether incorporated or not and the inhabitants of the district of any local authority.
32
What is the definition of an explosive?
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
33
What is included in the definition of an explosive?
```
Gunpowder
Nitroglycerine
Dynamite
Gun-cotton
Blasting powder
Fulminate of mercury or of other metals
Coloured flares
Fog signals
Fuses
Rockets
Percussion caps
Detonators
Cartridges
Ammunition (all types)
```
Does not include fireworks
34
What must be proved for Reckless Disregard?
The offender intended to damage some property, recognising that there was a risk of damaging other property as a consequence, but proceeded regardless of the risk.
35
When can you not legally set fire to your own property?
Intending to cause loss to someone else as a result.
Know or ought to know that the fire will endanger life.
Know that the fire is likely to destroy or damage someone else's property as a consequence.
36
What are the four specific matters that the FENZ Specialist Fire Investigator will liase with the Police FILO about?
Handover of the fire scene.
Access to the fire scene.
Process for examination and investigation.
Identification and collection of evidence at the fire scene.
37
When determining the seat of the fire, the SFI will consider:
```
− witnesses’ reports
− when they first noticed the fire and where they were
at the time
− the state of the fire at that time
− wind direction and speed, weather
− the direction of spread
− the colour of the flames and smoke
− severity of the damage
− depth of charring
− the presence of starting devices
− reports and opinions from other specialists.
```
38
Examples of carelessness that might cause a fire could include?
```
− misusing electricity
− children playing with matches, cigarette lighters and so on
− burning off paint
− vagrants lighting fires
− welding and other industrial processes
− leaving clothes near heating
− wrapping up live ashes in paper
− ironing
− setting off fireworks
− using or storing flammable materials
− burning rubbish
− using domestic or camp fires
− leaving a stove or heater on
− leaving fat unattended while cooking
− smoking
```
39
Materials that could be used to start a fire include:
```
− readily available combustible material - rubbish
− Molotov cocktails
− candles
− chemical igniters
− timing devices
− electric matches
− electrical apparatus
− matches and cigarettes
− trailers
```
40
What are the Police responsibilities at a fire scene examination and investigation?
− conduct the criminal investigation or coronial enquiry
− undertake responsibility for the protection, collection and recording of forensic evidence
− the collection and removal of material from a fire crime scene will only be done by
Police or other agencies with the authority to remove evidence
− the preservation, analysis and subsequent disposition of any such material is the
responsibility of Police or other agency.
41
What are the powers conferred by S42 of the FENZ Act 2017 on the person in charge of the Fire Service at the fire scene?
(a) enter any land, building, or structure:
(b) break into any building or structure that may be on fire or otherwise endangered or that is
near the emergency:
(c) take or send any equipment or machine required to be used into, through, or upon any
land, building, or structure:
(d) remove from any land, building, or structure that is on fire or otherwise endangered, or
that is near the emergency, any flammable, combustible, explosive, or dangerous material
found in the building or structure:
(e) cause any building or structure that is on fire or otherwise endangered, or that is adjacent
to or in the vicinity of any building or structure that is on fire or otherwise endangered, to
be pulled down or shored up (either in whole or in part):
(f) cause any building or structure to be pulled down or shored up (either in whole or in part)
at the time of the emergency or within a reasonable time afterwards.
42
What are the powers conferred by S28 of the Fire Service Act 1975 on the person charged with the direction of operations?
28(4)(b): Enter private property when it is on fire or endangers, or when entry is essential to performing a necessary duty.
28(4)(h): Close roads
28(4)(i): Remove vehicles impeding the Fire Service. If necessary, they can break into the vehicles for that purpose.
28(4)(j): Remove people who are in danger or interfering with operations, using reasonable force if necessary.
28(4)(n): Do anything else that is reasonably necessary for the protection of life and property.
43
When can Police use Fire Service powers?
Police may exercise powers if called upon to do so by the member of the Fire Service in charge of the fire (S32(2) of Fire Service Act 1975).
Police have NO right to exercise these powers simply because they are present at a fire.
44
When will FENZ notify Police of a fire?
If it results in serious injury or death.
| If it is considered suspicious.
45
What are the responsibilities of a FILO?
− Attend every fire scene resulting in serious injury or death.
− Co-ordinate fire investigations in their district/area.
− Arrange Police attendance at fire scenes
− Maintain effective working relationship with FSILO and SFI's
− Assisting areas/districts with fire investigation related queries.
− Ensure communication is maintained with Police National FI Co-Ord, Police District Intel Manager and Manager Criminal Investigations, where appropriate.
− Co-ord FI training for any Police employees with area/district.
− Providing other advice and expertise as required.
46
When will a SFI attend and investigate a fire?
− Where fatalities have occurred.
− Serious (life threatening) fire-related injuries.
− Structure fires that are suspicious or cause cannot be determined.
− Significant fire spread across a property boundary.
− Building fires where built-in safety features have failed or not performed to expected standard.
− Structure fires of 3rd alarm equivalent (at least six appliances) that have significant regional or national consequence.
− Any other fire, upon request from Police or another agency.
47
What PPE must be worn by the on-scene investigator?
Suitable helmet (complies with safety standard)
Overalls
Nose and mouth filter, full face respirator or BA
Gloves
Safety glasses
Heavy duty footwear with steel soles and toe caps
48
What are the four main types of building material?
Timber
Steel
Concrete
Masonry
49
What are some faults which can result in fire?
```
Chimneys and flues, (indicated by honey comb type of solid soot)
Heating systems
Appliances
TV's left on standby
Dust extractors
Fans and ventilation systems
Electrical wiring - shorting and arcing
machinery - friction can cause overheating
Gas pipes and fittings
Broken power lines
```
50
What are some types of naturally occurring fires?
Chemical reactions
Sun's rays
Lightning
Static electricity
Rodents eating through wiring or building nests from flammable material
Spontaneous combustion and ignition of eg: damp grain, hay or wool; oil soaked cloths; turps or paint; fine dust; compost.
51
Fire scene initial action:
1. Interview informant.
2. Secure and control scene.
3. Initial interview of SFI and O/C first appliance.
4. Interview incident controller and find out info:
5. If fire extinguished, ensure scene safety before initial conference with SFI, Police and conduct prelim exam.
6. If deemed 1C, re-group and hold briefing conference.
7. Confer with staff to determine plan of action. Brief and deploy them to:
Guard scene
ID and interview witnesses
Conduct local enquiries
8. Contact Comms, give SITREP. Ask for assistance if reqd and attendance of FILO, Photo, SOCO
52
What information do you need from the incident controller?
− Time/Date of 111 call and manner it was received.
− What appliances attended.
− State of fire when FENZ arrived.
− Actions FENZ took, particularly entering and ventilating after fire.
− Info FENZ has about building security.
− Alterations they made to scene (doors/windows forced)?
− If they think fire is 1C and why.
− Opinions of informant (eg: a person who regularly attends or reports fires).
− Details of 1C people or vehicles in vicinity.
53
Who should be potentially be interviewed?
```
Person who reported fire
Fire Fighters
Occupants and their visitors
Employees including cleaners and casual staff
owners
neighbours
spectators
passers-by
Local police
patrols
Other police and security staff
vendors and delivery people
reporters and photographers
```
54
What are some indicators that a fire was deliberately lit?
− Tampering with alarm or sprinkler system.
− Hindering access.
− Misdirecting fire fighters.
− Evidence of intentional removal of valuable property, or substitution of property.
− Signs that furniture was rearranged to create a fire base.
− Signs that windows and skylights were opened to create draft.
− Foreign materials and objects, such as screws/batteries, that might be part of a device.
− Signs a crime was committed. Maybe burnt to destroy EM. Recovered locks and fasteners may show whether buildings were secured at the time of the fire.
− Signs that a heater, soldering iron or other electrical appliance has been left on.
− Inconsistencies (a rapid burning fire with no obvious cause).
− Unusual burn patterns or time factors (eg fire which started after building was secured).
55
Interfering with fire alarms (section 88 of the Fire Service Act 1975):
- Unlawfully interfered with any fire alarm.
- Knowingly covered up, enclosed or concealed any hydrant so as to make its position difficult to ascertain.
- Knowingly obliterated or removed any mark, sign or letter used to indicate the position of, or to distinguish, any hydrant.
- With intent to deceive, impersonated a member of the Fire Service, VFB, NZDF FB, or industrial FB.
56
What are the main reason for the MOU between FENZ and Police?
Investigations of fire scenes by the Fire Service and the Police are efficiently co-ordinated, and expertly and independently conducted.
Any relevant evidence is protected and collected for potential criminal prosecutions or coronal enquiries.
57
At fire scenes, how are injuries generally sustained?
- Inhalation of toxic substances (car fires emit toxic gas)
- Ingestion of particles
- Cuts/wounds from sharp objects
- Airborne dusts/particles
- Tripping on fire debris
- Falling down, over, onto or into any obstructions or cavities
- Items from above falling onto you or hitting objects and causing a chain reaction.
58
What are some examples of appliances that could cause a fire if left on?
- A bar heater turned to face a wall or item of furniture.
- An iron left flat on a surface.
- A pop-up toaster with the lever tied down, so that material left inside will ignite.
- A pan of fat or flammable liquid left on the stove; or a vat of fat in a fish & chip shop.
59
What are some examples of a timing device?
- A bottle containing the acid is suspended above the dry ingredients and tipped by a length of cotton attached to the alarm winder of a clock.
- The acid is placed on a balance with a tin of water at the other end. A tiny hole is punched in the tin and as the water drips away, the balance tips and drops the acid into the dry ingredients below.
- Most common is the use of an incense stick or matches cut to length to determine the timings required.
- Electric timer can be used to delay the start of a fire long enough to allow an arsonist time to be well away from the scene. A recovered timer may show when it was set.
60
Describe what is meant by a Common Approach Path:
All traffic through the scene should be limited to 'corridors'. ie the paths which will keep disturbance of the scene to a minimum.
Ideally the investigator should search the areas to be used as corridors prior to them receiving any other traffic. This will reduce the possibility of 'evidence' being introduced to the scene after the event. It will also reduce the possibility of evidence being damaged during subsequent fire inspections and investigations.
61
What should be taken into account during an External Examination?
```
- Adjoining premises which often reveals:
+ accelerant containers
+ attempts at forced entry
+ broken windows
+ forced doors
```
- Nearby alleyways/streets/driveways
- Yards and outbuildings of the fire effected property
- The periphery of the structure itself
- What distance debris was scattered, particularly if drums or cylinders have exploded.
62
During an External Examination, what could the surrounding area of the involved premises and the damaged structure itself reveal?
- Accelerant containers
- Contents of outbuildings missing
- property run-down
- Business appears to be struggling
- Jemmy marks or other signs of forced entry on
windows or doors
- Window glass broken before the fire was ignited
- Burn patterns above doors and windows and 'V'
shaped burn patterns on external cladding
63
What should be taken into account during an Preliminary Internal Examination?
Involve a slow walk-through the premises, from the area of least damage to that of most damage, taking note of indicators such as:
- Low stock levels in commercial premises.
- Building areas in need or repair.
- Signs of hardship (empty flats, shops to let, etc).
- Missing family photos, furniture and personal items.
- Lack of clothing in wardrobes and drawers.
- Rifled premises.
- Position of clothes if not in wardrobe or drawer.
- Open filing cabinets or missing files.
- Forced entry into an empty till.
- Presence of accelerant containers or trails.
- Separate unrelated seats of fire.
- Owner/occupier attitude during walk through (if access is permitted).
- Unusual odours.
- Burn patterns.
64
What should be taken into account during a Detailed Internal Examination?
Accompanying SFI as they complete the examination, taking note of observations such as:
- Smoke deposits and burn patterns.
- Spalling (cracking or chipping of concrete).
- Damage to wall studs.
- Damage to roofing timbers.
- Damage to window sills and door edges.
- Soot deposits on window glass and craze patterns.
- Floor areas burned through.
- Skirting board damage.
- Elimination of false low burns.
- Removal of fire debris.
- Under floor inspections.
65
When conducting a scene examination, what could be evidence that accelerants may have been used?
- Containers
- Traces in debris
- Smell
- Unusually rapid spread or intensity of fire
- Uneven burning
- Burning under or behind boards (where liquid has run through the cracks)
- Multiple seats of fire
66
How should fire exhibits be handled?
1. Photo in situ, label and preserve in containers.
2. Use approved arson kits. If not available, use any suitable containers such as unused 4L paint tins.
3. Take control samples:
+ Charred timber and ashes or debris from seat of fire for examination and comparison with samples from other points.
+ Any accelerants found near the scene.
+ Soil from the surrounding area.
67
What are initial actions for dealing with fires which involve explosives?
1. There maybe be secondary IED's - don't handle or interfere with anything unfamiliar.
2. Do not use cell phones, portable radios or other transmitting devices.
3. Evac to at least 100m. Ensure people bring personal possessions with them (to limit the number of items to be cleared). Consider detector dog to locate device.
4. If IED located, obtain assistance from an IED operator from Dept of Labour. If unavailable, consider NZDF bomb squad.
5. Give regular SITREPS to Comms.
68
What is some characteristic damage caused by explosives?
- Cratering
- Spread of debris
- Shredding of materials
- A smell peculiar to the exploded material (almonds or
marzipan smell)
- An overlay of dust
- Shrapnel marks
69
When should an (insurance) private investigator be allowed into the scene?
No access permitted to the fire scene until Police and SFI's have completed their investigation.
70
When would a rural fire require investigation?
- Where the rural fire authority (RFA) intends to make a claim under the rural fire fighting fund.
- Where negligence has been shown by any person or party. (Normally dealt with under the Forest and rural fire act 1977, but don't discount Crimes Act 1961).
- All suspicious fires.
- Multiple fires start in an area with no apparent reason.
- And fires which may provide the RFA with information and assist in their prevention and investigation strategies.
71
What is a fire?
A result of combustion. A chemical reaction between fuel and oxygen, triggered by heat.
All three elements must be present in the correct proportions.
72
When considering a search warrant, what evidential material could be located?
```
Accelerants
Containers
Igniters
Wick fabric
Traces of debris from the scene
Contaminated clothing?
```
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