Reprint as at 29 November 2016

Coat of Arms of New Zealand

Civil Defence Emergency Management Act 2002

Public Act
 
2002 No 33
Date of assent
 
17 October 2002
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Civil Defence and Emergency Management.

Contents

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