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Fireworks Act 1958

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

FIREWORKS ACT 1958

1958/56 – 5 June 1958

1 Short title

2 Interpretation

3 Construction or manufacture of fireworks

4 Written consent of Cabinet required

5 Permit to discharge fireworks

6 Offences and penalties

7 Cabinet may impose conditions

8 Fireworks may be seized

8 Fireworks may be seized

9 Fireworks seized

10 Offences and penalties

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To make provision for the control of the manufacture, importation and use of fireworks

1 Short title

This is the Fireworks Act 1958.

2 Interpretation

In this Act –

"fireworks" means any explosive and any firework composition enclosed in any case or contrivance or otherwise manufactured so as to form a squib, cracker, serpent, rocket (other than a ship safety rocket), maroon, lance wheel, Chinese fire, Roman candle or other article made or adapted for the production of pyrotechnic effects and includes sparklers, matches, and throwdowns;

"import" means to bring or cause to be brought or sent or to introduce in any other way whatever into Niue.

3 Construction or manufacture of fireworks

No person in Niue shall construct or manufacture any fireworks or produce fireworks in any manner or by any method whatever whether by making a new article or adapting any existing article.

4 Written consent of Cabinet required

(1) No person shall import any fireworks without having first obtained the written consent of Cabinet.

(2) Any officer of Police or Customs may detain and examine the contents of any imported package in respect whereof a breach of this section is reasonably suspected and any fireworks found to be imported contrary to this section shall be seized.

5 Permit to discharge fireworks

(1) No person shall discharge any fireworks in Niue except pursuant to a permit granted by Cabinet and subject to such terms and conditions in the permit
as Cabinet imposes having regard to the interests of the public safety and of the safety of any person.

(2) Every person who commits a breach of this section is liable to a fine not exceeding 0.5 penalty units.

6 Offences and penalties

(1) Every person commits an offence under this Act who discharges any fireworks in any place with intent to do bodily harm to any person or sends or delivers to or causes to be received by any person any fireworks.

(2) Every person who commits an offence against this section shall be liable to a fine not exceeding 2 penalty units or to imprisonment not exceeding 3 months.

7 Cabinet may impose conditions

(1) Any consent or permit granted by Cabinet under this Act may be given subject to such terms and conditions as Cabinet, in its discretion, may impose.

(2) Cabinet may delegate its functions under this Act to an officer of Police or Customs and any functions so delegated shall be exercised subject to any general or specific directions which may be given by Cabinet in that behalf.

8 Fireworks may be seized

Any officer of Police, on being authorised so to do by warrant under the hand of a Commissioner or Registrar of the Court, may, by force if need be, enter and search any land or buildings in or upon which he has reasonable cause to believe that there are any fireworks in respect of which a breach of this Act has been committed, and any such fireworks found on such land or buildings shall be seized.

9 Fireworks seized

Any fireworks seized under this Act shall become the property of Her Majesty free and discharged from all rights, title, estate or interest possessed in respect of it by any other person and shall be destroyed or otherwise disposed of as in any case Cabinet may direct.

10 Offences and penalties

(1) Every person commits an offence against this Act who –

(a) Fails to comply with any lawful requirements of Cabinet under this Act; or

(b) In any manner obstructs an officer of Police or Customs in the lawful exercise of any power, function, or authority conferred on him by or under this Act; or

(c) With intent to procure by purchase or otherwise any fireworks contrary to this Act deceives, or attempts to deceive, any officer in the performance of his duty under this Act; or

(d) Discharges any fireworks in a public place or so near to it as to endanger, annoy or frighten any persons; or

(e) Discharges any fireworks in any public place or while so situated that any property whether movable or immovable is thereby liable to catch fire.

(2) Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding 1 penalty unit.

(3) Every corporate body committing an offence against this Act shall be liable to a fine not exceeding 2 penalty units.