1 Title
2 Commencement
Part 1Preliminary provisions
3 Purpose
4 Interpretation
5 Act to bind the Crown
6 Act not to affect functions, duties, and powers under other Acts or general law
7 Precautionary approach
Part 2Appointment, functions, and powers of persons involved in civil defence emergency management
Director of Civil Defence Emergency Management
8 Appointment and functions of Director of Civil Defence Emergency Management
9 Powers of Director
National Controller
10 Delegation of certain functions and powers of Director to National Controller
11 Further provisions relating to delegation to National Controller
Civil Defence Emergency Management Groups
12 Local authorities to establish Civil Defence Emergency Management Groups
13 Membership of Civil Defence Emergency Management Groups
14 Membership rules for territorial authorities
15 Appointment of chairperson
16 Powers and obligations of members of Civil Defence Emergency Management Groups
17 Functions of Civil Defence Emergency Management Groups
18 General powers of Civil Defence Emergency Management Groups
19 Civil Defence Emergency Management Groups to follow model standing orders
20 Appointment and functions of Civil Defence Emergency Management Co-ordinating Executive Groups
21 Mergers of Civil Defence Emergency Management Groups
22 Membership rules in event of local government reorganisations
23 Establishment of administering authorities
24 Functions and costs of administering authorities and chief executives of administering authorities
Appointment of persons who may declare state of local emergency
25 Appointment of persons who may declare state of local emergency
Group Controllers
26 Appointment of Group Controllers
27 Appointment of Local Controller
28 Functions of Group Controllers
Recovery Co-ordinator
29 Appointment and functions of Recovery Co-ordinator
30 Powers of Recovery Co-ordinator
Part 3Civil defence emergency management planning and civil defence emergency management duties
National civil defence emergency management strategy
31 National civil defence emergency management strategy
32 Procedure for completing national civil defence emergency management strategy
33 Timing of first national civil defence emergency management strategy
34 Currency of national civil defence emergency management strategy
35 House of Representatives may resolve not to approve civil defence emergency management strategy
36 Amendment or revocation of national civil defence emergency management strategy
37 Groups and Director must not act inconsistently with national civil defence emergency management strategy
Matters relevant to development of civil defence emergency management plans
38 Matters relevant to development of civil defence emergency management plans
National civil defence emergency management plan
39 National civil defence emergency management plan
40 Incorporation by reference
41 Notification of proposed national civil defence emergency management plan
42 National civil defence emergency management plan must not be inconsistent with national civil defence emergency management strategy
43 Copy of order to be presented to House of Representatives
44 First national civil defence emergency management plan
45 Currency of national civil defence emergency management plan
Review and amendment of national civil defence emergency management plan
46 Review of national civil defence emergency management plan
47 Minor changes to plan
Civil defence emergency management group plans
48 Civil defence emergency management group plans
49 Proposed plan to be sent to Minister
50 Timing of first issue of guidelines under section 49(3)
51 Incorporation by reference
52 Procedure for making civil defence emergency management group plans
53 Civil defence emergency management group plan must not be inconsistent with national civil defence emergency management strategy and must take account of Director's guidelines, codes, or technical standards
54 Timing of first civil defence emergency management group plan
55 Currency of civil defence emergency management group plan
Review and amendment of civil defence emergency management group plans
56 Review of civil defence emergency management group plans
57 Minor changes to plan
General duties of government departments and others
58 Departments to prepare plans to continue functioning during and after emergency
59 Departments and others to undertake civil defence emergency management functions and responsibilities
Duties of lifeline utilities
60 Duties of lifeline utilities
61 Schedule 1 may be amended by Order in Council
62 Minister may exempt lifeline utility
Duties of emergency services
63 Duties of emergency services
Duties of local authorities
64 Duties of local authorities
General duty to consider alternatives, etc
65 Duties to consider alternatives, assess benefits and costs, etc
Part 4Declaration of state of emergency
Declaration of state of national emergency
66 Minister may declare state of national emergency
67 Parliament must meet if state of national emergency declared
Declaration of state of local emergency
68 Declaration of state of local emergency
69 Minister may declare state of local emergency in certain cases
General provisions applying to declaration of state of national emergency or state of local emergency
70 Commencement and duration of state of emergency
71 Extension of duration of state of emergency
72 Termination of state of emergency
73 Form and publication of declaration of state of emergency and declaration extending or terminating state of emergency
Part 5Powers in relation to civil defence emergency management
74 Statements by Director
75 Power of Director to act on default by others
76 Power to require information
77 Appeal against requirement to give information
78 Power of entry to obtain information in urgent cases
79 Form and content of warrant
80 Powers conferred by warrant
81 Disposal of information
82 Certain information not to be disclosed or seized
83 Restriction on disclosure of information
84 Minister's power of direction
85 Emergency powers of Civil Defence Emergency Management Groups
86 Evacuation of premises and places
87 Entry on premises
88 Closing roads and public places
89 Removal of aircraft, vessels, vehicles, etc
90 Requisitioning powers
91 Power to give directions
92 Power to carry out inspections, etc
93 Person exercising emergency powers to provide proof of identity
94 Contracts in urgent cases
Part 6Offences, penalties, and proceedings
95 Failure to comply with requirement in civil defence emergency management plan
96 Withholding information or giving false or misleading information
97 Disclosing information
98 Obstruction
99 Failure to comply with direction to evacuate premises or place
100 Failure to comply with prohibition or restriction on access to road or public place
101 Offences in relation to requisitioning
102 Failure to comply with direction
103 Personation
104 Penalty for offences
Part 7Miscellaneous provisions
105 Delegation of powers of Director
106 Acting Director
107 Compensation if property requisitioned
108 Compensation for loss or damage to personal property
109 Compensation for other matters
110 Protection from liability
111 Restricted application of Resource Management Act 1991
112 Absence on duty not to affect employment rights
113 Recovery of costs by Civil Defence Emergency Management Groups
114 Service of documents
115 Regulations
116 Repeal of Civil Defence Act 1983
117 Amendments to other Acts
Transitional provisions
118 Civil defence plans to continue
119 Provisions of Civil Defence Act 1983 that continue
120 Amendments to references in documents to civil defence personnel and entities
121 Proceedings not affected
Schedule 1Lifeline utilities
Schedule 2Acts amended
Legislative history
The Parliament of New Zealand enacts as follows: