Memorandum of Understanding between Ambulance New Zealand and the New Zealand Fire Service and the New Zealand Police
Contents This memorandum of understanding... 1 Appendix A: List of all members of Ambulance New Zealand... 6 Appendix B: List of a local and national agreements... 7 Schedule 1: Fire investigation protocol... 8 Schedule 2: Information sharing protocol... 13 2
This memorandum of understanding is made on 4 June 2010. Between And And The Chief Executive of Ambulance New Zealand The Chief Executive of the New Zealand Fire Service The Commissioner of the New Zealand Police Introduction 1. Ambulance New Zealand is a Charitable Trust representing the interests of participating ambulance services. The New Zealand Fire Service is established and operates under the Fire Service Act 1975. New Zealand Police is established under and regulated by the Policing Act 2008. 2. Ambulance New Zealand, the New Zealand Fire Service (Fire Service) and New Zealand Police (Police) (together referred to as the parties) have a current working relationship with one another. 3. The parties wish to enter into this memorandum of understanding to formalise their working relationship, and to provide parameters for the way they intend to work together in the future. The parties recognise that their working relationship is based on a spirit of goodwill and co-operation. In formalising their working relationship, the parties acknowledge that a variety of national and local arrangements may exist that reflect the spirit and intent of this document. A list of significant existing national and local arrangements is attached at Appendix B. Nothing in this document detracts from these national and local arrangements. Interpretation 4. For this memorandum of understanding: Incident means fire, rescue, natural disaster, motor vehicle crash, terrorist act, hazardous substance emergency, or any situation where emergency services are required. Purpose 5. The purpose of this memorandum of understanding is to enhance community safety by promoting a collaborative working relationship between Ambulance New Zealand, the Fire Service and the Police through: development of protocols for specific procedures and activities; consultation on strategic priorities, plans and policy initiatives; communication and media strategies; information sharing; and coordination at senior management level. Agency functions Ambulance Services 6. Ambulance Services, as members of Ambulance New Zealand: have a primary function to triage requests and provide the most appropriate emergency ambulance response to any situation where they believe that a person requires emergency pre-hospital or inter-hospital clinical care; and maintain the contingent capability and resources to respond to mass casualty incidents and other major events and public gatherings in the community. 1
Fire Service 7. Fire Service primary functions are to: reduce the incidence and consequence of fire; and provide a professional response to other emergencies. Police 8. Police functions include: maintaining public safety; law enforcement; crime prevention; community support and reassurance; and emergency management. All parties 9. All parties: share a common goal: enhancing community safety and wellbeing, by either protecting life, property and/or preserving evidence; when performing their primary functions, recognise and consider, the others' respective roles and responsibilities; and have a need to disseminate information and provide training to all relevant staff. Memorandum of understanding schedules 10. The parties agree that from time to time they will develop protocols (attached to this memorandum of understanding as schedules) for specific procedures and activities that affect two or more of the parties. 11. New schedules will only be attached to the memorandum with approval from the parties affected by the new schedules. New schedules will supercede any equivalent existing schedules. 12. Appropriate staff members from within each party will be responsible for developing and monitoring schedules on behalf of their Organisation. 13. Reviews, modifications or terminations of existing schedules will only be undertaken with agreement from all of the parties affected by the schedules. All changes must be notified to the appropriate staff members within each party who are responsible for monitoring the relevant schedule on behalf of their Organisation. 14. Schedules will be reviewed one year after signing and then every two years. Consultation on strategic priorities, plans and policy initiatives 15. The parties agree that: Ambulance New Zealand s Chief Executive (or designate), Fire Service s Chief Executive (or designate) and Police s Assistant Commissioner: Strategy, Policy and Performance (or designate) will meet at least once during the year to discuss the strategic direction, priorities and plans for the following financial year. At that meeting the parties will: o raise any issues that could affect any of the parties ability to achieve enhanced community safety; and o outline their relevant policy work programmes and inform each other of any changes to priorities and timelines. 16. The parties will inform each other, at the initial stage of development, of relevant policy initiatives, where appropriate. These policy initiatives include submissions to Parliament that any party is undertaking. Each party will take all reasonable steps to 2
ensure that adequate time is given for the other to provide comment, where appropriate. Communication and media strategies 17. The Ambulance New Zealand s Chief Executive (or designate), the Fire Service National Director of Fire Risk Management (or designate) and the Police General Manager: Public Affairs (or designate) will from time to time to discuss issues relating to: developing communication strategies; developing communication plans; and exploring joint communication campaign opportunities. 18. Where appropriate, joint communication campaign opportunities should be taken at national, or local levels. 19. Where possible, the parties will consult with each other beforehand if any party is considering providing information or comment to the media on a matter which: comes within another parties responsibility; or another party has an interest. 20. The parties will only raise any operational or policy concerns with any other party through appropriate internal channels. These concerns will not be raised through the media or other outlets. Co-ordination at senior management level 21. All parties senior management will meet on a national and local level to discuss and identify key tasks. They will identify potential improvements to service in areas of joint business and incorporate those improvements into national or local action plans with specific appropriate performance measures. Information sharing 22. The parties will, where appropriate, develop strategies to share information to enhance community safety. These strategies will take advantage of new technology, where appropriate. Review of memorandum of understanding 23. The parties representatives or persons on their behalf will meet annually to review this memorandum of understanding. Any subsequent amendments may be made pursuant to Paragraph 31. 24. The parties representatives are primarily responsible for following the intent of this memorandum of understanding. Resolving issues or disputes 25. All issues, disputes and differences between the parties about the interpretation or performance of this memorandum of understanding shall, firstly, be attempted to be resolved at the earliest opportunity, locally (by local representatives or managers). 26. If agreement cannot be reached within 28 days of referral under the above paragraph, then refer the matter, in writing, to the Chief Executive of Ambulance New Zealand, Chief Executive of the Fire Service and the Commissioner of Police for final resolution. Costs 27. Unless the parties mutually agree otherwise, the cost of meeting this memorandum of understanding s commitments will be met by the party incurring the cost. 3
Termination 28. Any party may terminate this memorandum of understanding by three months written notice to the other parties. Variation 29. Except as stated in this memorandum of understanding, it can only be modified by a written agreement signed by people authorised to sign on behalf of the parties. Conditions 30. Nothing in this memorandum of understanding shall make any party liable for the actions of the others or constitute any legal relationship between the parties. 31. This memorandum of understanding s provisions are to be read subject to any chief executive, or Cabinet directives, and any enactment. 32. Where there are changes to Government policy which affect this memorandum of understanding s purpose and functions, each party agrees to inform the others of those changes at the earliest possible time thereafter. If necessary each party agrees to meet to re-negotiate any aspects of this memorandum of understanding. Parties representatives 33. The parties specified addresses, fax numbers and party representatives are: Ambulance New Zealand Name: Address: Chief Executive Ambulance New Zealand Level 8, 25-33 Victoria Street PO Box 714 Wellington Telephone: (04) 499 2621 Facsimile: (04) 499 7223 New Zealand Fire Service Name: Address: Chief Executive New Zealand Fire Service Level 9, AXA Building 80 The Terrace PO Box 2133 Wellington Telephone: (04) 496 3600 Facsimile: (04) 476 3700 New Zealand Police Name: Address: National Manager: Policy Police National Headquarters New Zealand Police 180 Molesworth Street PO Box 3017 Wellington Telephone: (04) 474 9499 Facsimile: (04) 474 9446 4
Signatories ------------------------------------- David Waters, Chief Executive Ambulance New Zealand Date: ------------------------------------- Mike Hall, Chief Executive New Zealand Fire Service Date: ------------------------------------- Howard Broad, Commissioner New Zealand Police Date: 5
Appendix A: List of all members of Ambulance New Zealand St John Wellington Free Ambulance Service Taranaki Ambulance Service Wairarapa Ambulance Service Life Flight Trust Auckland Rescue Helicopter Trust Philips Search and Rescue Trust Garden City Helicopters Helicopters Otago Air Gisborne Air Manawatu Air New Plymouth Air Wanganui Christian Aviation Eastland Helicopter Rescue Trust Hawkes Bay Helicopter Rescue Trust Lakes District Air Rescue Trust Northland Emergency Services Trust Skyline Aviation Taranaki Rescue Helicopter Trust SPS Medics MedicAlert Foundation 6
Appendix B: List of a local and national agreements Title Parties Scope Date 1 Memorandum of Understanding St John New Zealand New Zealand wide 7 August 2007 NZFS 2 Memorandum of Understanding Order of St John (Southern Region) NZFS Southern Fire Region 14 December 2005 NZFS Southern Fire Region Southern Rural Fire Authority 3 Memorandum of Understanding Order of St John (Northern Region) NZFS Auckland Fire Region August 2001 NZFS Auckland Fire Region 4 Letter of agreement between the New Zealand Police and the NZFS NZFS New Zealand Police New Zealand wide 8 June 2004 5 Memorandum of Understanding Wellington Free Ambulance NZFS Portion of the NZFS Arapawa Fire Region encompassing: - Wellington North Fire District - Wellington South Fire District - Hutt Fire District October 2003 6 Memorandum of Understanding Taranaki District health Board Ambulance Service NZFS/NZP Response agreements locally with Fire and Police Current 7
Schedule 1: Fire investigation protocol Introduction 1. All fire incidents attended by the Fire Service must be investigated to establish cause. The Police may be required to attend fire scenes for crime prevention and examination and investigation purposes. Where both parties have interests in a fire scene, there is a need to set how the interests of both of the parties can be met and protected. 2. This protocol applies between the Fire Service and the Police. Objective 3. By developing this protocol, the parties want to ensure that in determining the origin and cause of fires: investigations of fire scenes by the Fire Service and the Police are efficiently coordinated, and expertly and independently conducted; and any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries. Personnel Fire Investigation Coordinators 4. To achieve the above objective, the Police will establish fire investigation coordinator positions within police districts from existing staff. These may be full or part-time positions. The Fire Service will notify the Police and the Fire Investigation Coordinator may be called to attend a fire if: the fire results in serious injury or death; or the fire is considered suspicious. Specialist Fire Investigators 5. The Fire Service employs Specialist Fire Investigators. Specialist Fire Investigators typically possess extensive experience in fire fighting or fire safety and have received specialised training and assessment in fire investigation techniques. Specialist Fire Investigators will be called to attend and investigate: fires where fatalities occur; fires where serious (life threatening) fire related injury has occurred; structure fires where the cause is suspicious or can not be determined; significant fire spread across a property boundary; fires in buildings where built-in fire safety features have failed, or not performed to known or expected standards; and structure fires of 3rd alarm equivalent or greater, that may have a significant regional or national consequence 6. In other fire incidents, attending operational officers will determine the origin and cause of a fire for the Fire Service. 8
Fire Investigation Liaison Personnel 7. The Fire Service will designate an appropriate staff member within each Fire Region and the Police will designate an appropriate staff member within each district to perform the roles of Fire Investigation Liaison Personnel. The functions of the Fire Investigation Liaison Personnel are set out at Appendix A. Fire scene control, notification and handover 8. The parties recognise that the Fire Service has authority over a fire scene while a fire is in progress. Once a fire is extinguished and any threat to life or property no longer exists, the Fire Service must hand the scene of the fire over to the appropriate person or agency. In certain circumstances, this will be the Police. 9. The Fire Service will notify the Police if it considers that a fire may have been deliberately lit, or if it considers the cause of a fire is suspicious. The Fire Service will also notify the Police of all incidents where fatalities or serious (life threatening) injuries occur. 10. Where Police attend a fire scene and seek authority over that fire scene, the designated Police Investigating Officer will confer with the Operations Manager or Incident Controller to confirm the handover process. The Fire Service will formally handover the fire scene. 11. The Fire Service will not normally handover a fire scene until the danger of fire, structural collapse, exposure to dangerous products of combustion or other fire related hazards have been identified and eliminated, isolated or minimised. 12. Once overall command of a fire scene is transferred to Police, Fire Service staff, including Specialist Fire Investigation Officers and volunteers will come under the control of the Fire Service Officer In Charge of Fire Operations. 13. For any fire scene involving multiple agencies, all agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan. The investigation plan will include an outline of how the investigation will proceed and the role of each agency. Fire scene examination and investigation 14. The parties recognise that where the Police commands a fire scene, any access to that scene by Fire Service personnel is at the discretion of the Police, including access by Fire Service personnel pursuant to section 29(2) of the Fire Service Act 1975. Section 29(2) of the Fire Service Act 1975 empowers certain Fire Service personnel to access to certain land and buildings post incident investigation purposes including to determine the cause of any fire 15. Any multi-agency fire scene examination will be conducted using a co-ordinated approach. The Fire Service will provide a Specialist Fire Investigation Officer and the Police will supply a Fire Investigation Coordinator in the event of a multi-agency fire scene examination. The Specialist Fire Investigation Officer will liaise with the designated Fire Investigation Coordinator in relation to the following matters: handover of the Fire Scene; access to the Fire Scene; process for examination and investigation; and identification and collection of evidence at the Fire Scene 9
Fire Service to determine the Origin and Cause of the fire 16. The Specialist Fire Investigation Officer will conduct an independent investigation into the origin and cause of the fire. Specifically and without limitation, the Fire Investigation Officer will be responsible for taking his or her own field investigation notes and photographs. In conducting his or her investigation, the Fire Investigation Officer will respect the Police's duty to investigate any potential crime scene in particular by protection of evidence at that scene. The Police to conduct criminal investigation or coronial enquiry and to be responsible for evidence management 17. The Police will: conduct the criminal investigation or coronial enquiry; and undertake responsibility for the protection, collection and recording of forensic evidence. 18. The parties recognise that 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 the Police or other agency. Post fire scene examination and investigation Provision of Specialist Fire Investigator's reports 19. The Fire Service will provide final copies of Specialist Fire Investigator's reports to the Police, and all information collected to prepare the report, if requested by the Police, in accordance with it's legal obligations, including any obligation to provide information for any Court proceedings or coronial inquiry. Further information or investigation 20. If, by further information or investigation, the cause of a fire may be determined to be different from an originally supposed or recorded cause, the Police and Fire Service undertake to inform each other through the Specialist Fire Investigator and Fire Investigation Coordinators assigned to the incident and by providing copies of any relevant documentation. Patterns of fire indicating arson 21. If either party becomes aware of any pattern of events or trends that may be of interest to the Police they will immediately contact (in writing) the designated Fire Investigation Liaison Personnel. Criminal and Civil Proceedings 22. If required Fire Service staff or volunteers may be called upon to give statements to the Police. 23. Fire Service staff or volunteers may be called upon to give evidence in criminal and civil proceedings. The parties recognise that in these circumstances, Fire Service staff or volunteers will be appearing as witnesses for a party that called him or her, or as an expert witness. Miscellaneous terms Fire scene safety 24. Each party is responsible for the safety and protection of their staff and volunteers, including providing the appropriate safety equipment. 10
25. In addition, the Fire Service is responsible for providing a safety briefing as part of any formal handover of a fire scene to the Police. Meeting 26. The Fire Investigation Liaison Personnel will meet quarterly or more frequently, if necessary. Education and Training 27. Staff and Volunteers of the Fire Service and the Police are encouraged to participate in joint education and training initiatives consistent with this Schedule. Scope 28. It is not the responsibility of the Fire Service to investigate the origin and cause of vegetation fires outside urban fire districts. Specialist Fire Investigation Officers will only be available to assist Rural Fire Authorities with the origin and cause of a vegetation fire if requested and with the approval of their Fire Region Manager. Fire Authorities are required to provide, in their fire plans, for post-fire investigations to determine origin and cause of fires in their districts. Signatories ------------------------------------- Mike Hall, Chief Executive New Zealand Fire Service Date: ------------------------------------- Howard Broad, Commissioner New Zealand Police Date: 11
Schedule 1: Appendix A:- Fire Investigation Liaison Personnel Functions Identify patterns and trends 1. The Fire Investigation Liaison Personnel will: work together to detect recurring patterns, trends and periodic events develop a programme of: temporal analysis; target selection; and spatial analysis of the cluster centres. 2. When patterns and trends are identified, the Fire Investigation Liaison Personnel will assist the parties to develop any necessary strategies to address the problem. Advise other sub-areas in their district or region 3. The Fire Investigation Liaison Personnel will act in an advisory role and be available to: assist sub-areas or districts with fire investigation related queries; provide advice and expertise; coordinate interagency investigations in the sub-areas or districts; and coordinate investigations of serial fires. Provide training 4. The Fire Investigation Liaison Personnel will identify and develop training requirements consistent with this Schedule. 5. The Fire Investigation Liaison Personnel will also: coordinate new procedures and technology development that impact on fire scene investigation; maintain fire scene management procedures and quality control systems; keep up-to-date with national and international developments in fire investigation management and ensure best practice is applied; and be aware of the other agencies roles and protocols. 12
Schedule 2: Information sharing protocol Introduction 1. St John Emergency Communications Ltd and Central Emergency Communications Ltd on behalf of ambulance operators and for the purpose of this agreement commonly known as Ambulance, New Zealand Fire Service and New Zealand Police share a common objective of promoting and maintaining safer Communities. 2. The parties currently have an informal working relationship with regards to the sharing of information to assist in that objective. 3. The creation of a new method of information sharing between the parties by way of an electronic information transfer system (known as INTERCAD), requires a formal agreement, detailing each party's responsibilities when sharing information. 4. This protocol outlines the parties' responsibilities for all information being shared with regards to INTERCAD. Purpose 5. By implementing INTERCAD, Police will share event chronologies regarding emergency calls with Ambulance and the Fire Service. The event chronologies may include a small amount of personal information about identifiable individuals from the National Intelligence Application (NIA) database. 6. Ambulance will share event chronologies regarding both emergency and non emergency calls where necessary with the New Zealand Police and New Zealand Fire Service. The information shared may contain personal information identifying an individual and the nature of their injuries and, or illness. Other information shared may include New Zealand Ambulance Services unit status and ETA indications. 7. The Fire Service generally does not capture personal information into event chronologies, except what is provided by the other agencies with shared events. Any information will only be shared where necessary. 8. The purpose of sharing the information is to ensure that the appropriate services respond to emergency calls through the provision of accurate information. 9. The common purpose of the parties sharing the information is to ensure that the appropriate emergency response is made to the correct address or location as quickly as possible. Legal and Privacy Requirements: 10. The use of INTERCAD to achieve the parties' common purpose of ensuring that emergency calls receive appropriate and fast responses is permitted by the exceptions to Information Privacy Principle 11(IPP11) of the Privacy Act 1993 contained in IPP 11(a), 11(e)(i) and 11(f) which permit disclosure if: The disclosure of the information is one of the purposes in connection with which the information was obtained, or is directly related to the purposes in connection with which the information was obtained 13
(IPP11 (a)); and/or The disclosure is necessary to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences (IPP11 (e) (i)); and/or The disclosure of the information is necessary to prevent or lessen a serious and imminent threat to public health or public safety; or the life or health of the individual concerned or another individual (IPP11 (f)). 11. The parties will protect the information provided to them by any of the other parties to this memorandum of understanding by such security safeguards as it is reasonable in the circumstances to take against loss and any unauthorised access, use, modification, or disclosure, and other misuse. 12. In the event that an information request in terms of the Privacy Act 1993 or Official Information Act 1982 is made to a party, the party to whom the request is made shall transfer the request to the other party if the information requested is more closely connected to the functions or activities of the other party. 13. The parties will not disclose any information provided by another party to this memorandum of understanding to any third party, unless permitted or required to do so by law. 14. Any loss or unauthorized breaches of information are reported to the originator of the information immediately. Interaction with the Media/Public Comment 15. All parties to this schedule should consult with partner agency public affairs/ corporate communications staff before making public comment on areas of common interest. Dispute or Difference Resolution 16. Any disputes between the parties to this schedule shall, in the first instance, attempt to be resolved at a local level. 17. If agreement cannot be reached by referral to the above process, then the matter shall be referred, in writing, to the Director Strategic Development of the New Zealand Fire Service or the Director Operations St John, or the National Manager Police Communications of New Zealand Police, within 28 days. Agency Contacts 18. For non-emergency matters the contact person for Police shall be the National Manager Police Communications or such other person nominated by the National Manager. In an emergency, the contact person for Police shall be National Communications Operations Manager. 19. For non-emergency matters the contact person for New Zealand Ambulance Services shall be the Operations Director or nominated individual. In an emergency, the contact person for Ambulance shall be Duty Executive Officer - Communications. 14
20. For non-emergency matters, the contact person for the Fire Service shall be the Director Strategic Development or nominated person. In an emergency, the contact person for the Fire Service shall be the Communication Centre Managers, New Zealand Fire service. Review 21. The parties may review the protocol, twelve months from the date of signing. Variation 22. Except as stated in this protocol, the terms of this protocol may only be modified by written agreement signed by persons authorised to sign on behalf of the respective parties. 15
Signatories ------------------------------------- Jaimes Wood, Chief Executive St John Date: ------------------------------------- Mike Hall, Chief Executive New Zealand Fire Service Date: ------------------------------------- Howard Broad, Commissioner New Zealand Police Date: 16