Civil Defence Emergency Management Act 2002

Reprint as at 1 January 2014

Civil Defence Emergency Management Act 2002

Public Act2002 No 33
Date of assent17 October 2002
Commencementsee section 2

Note

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

1 Title

2 Commencement

Part 1
Preliminary 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 2
Appointment, 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 3
Civil 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 4
Declaration 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 5
Powers 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 6
Offences, 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 7
Miscellaneous 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 1
Lifeline utilities

Schedule 2
Acts amended

Reprint notes