New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The circumstances in which and the conditions on which the powers conferred by Part 12 may be exercised in relation to—
(a) a member of the Armed Forces; or
(b) access to a defence area; or
(c) a craft under the control of the Defence Force—
shall be prescribed by regulations, and those powers may only be exercised in the circumstances and on the conditions so prescribed.
(2) For the purposes of subsection (1), the Governor-General shall, by Order in Council, make regulations prescribing the circumstances in which and the conditions on which the powers conferred by Part 12 may be exercised in relation to—
(a) a member of the Armed Forces; or
(b) access to a defence area; or
(c) a craft under the control of the Defence Force.
(3) Subject to subsection (6), sections 30 to 37 shall not apply to any member of the Armed Forces or any craft under the control of the Defence Force during such time as that person or craft is required to respond to an emergency.
(4) For the purposes of this section, emergency means—
(a) an emergency due to an actual or imminent attack on New Zealand by an enemy, or to any actual or imminent warlike act whether directed against New Zealand or not, if loss of life or injury or distress to persons or danger to the safety of the public is caused or threatened to be caused in New Zealand or in any part of New Zealand; or
(b) a search and rescue event at any point outside New Zealand involving a serious and imminent threat to the safety of persons or craft; or
(c) a state of war or other like emergency in any place outside New Zealand; or
(d) such other circumstances as are agreed between the chief executive and the Chief of the Defence Force.
(5) Subject to subsection (6), sections 21 to 29 shall not apply to any member of the Armed Forces or any craft under the control of the Defence Force during such time as that person or craft is involved in an emergency described in paragraph (a) or (d) of subsection (4).
(6) Where a craft under the control of the Defence Force that is involved in, or is required to respond to, an emergency departs from or returns to New Zealand, the Defence Force shall, within a period of 48 hours or such longer period as the chief executive may reasonably determine, notify the Customs that the craft has departed from or arrived in New Zealand, as the case may be, and provide to the Customs such details relating to goods and persons on the craft as the chief executive specifies.
(7) The power of the chief executive under subsection (6) to determine a time or specify details required may be exercised generally or in respect of any particular case.
(8) Nothing in this Act or in any regulations made under this Act shall be interpreted as limiting the immunities of—
(a) any foreign warship or other foreign governmental ship operated for non-commercial purposes; or
(b) any foreign military aircraft; or
(c) members of the crew of any ship or aircraft to which paragraph (a) or paragraph (b) applies.
Section 4(4)(a): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
