133BK CDEM Act officers as responsible persons

(1)

This section sets out who may exercise powers under sections 133BQ to 133BX and 133BZA for the purposes of section 133BJ(3).

(2)

The powers may be exercised as follows:

(a)

the power under section 133BQ (post-event assessments) may be exercised,—

(i)

during a state of emergency, by a Controller (or a person acting under the Controller’s authority):

(ii)

during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):

(b)

the power under section 133BR (evacuation) may be exercised,—

(i)

during a state of emergency, by a Controller or a constable (or a person acting under that person’s authority):

(ii)

during a transition period, by a Recovery Manager or a constable (or a person acting under that person’s authority):

(c)

the power under section 133BS (measures to keep people at safe distance and protect building) or section 133BT (notices and signs on buildings) may be exercised,—

(i)

during a state of emergency, by a Controller (or a person acting under the Controller’s authority):

(ii)

during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):

(d)

the power under section 133BU (owner directed to give information) or section 133BZA(3)(a) (bring forward due date for provision of assessment or information) may be exercised,—

(i)

during a state of emergency, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):

(ii)

during a transition period, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):

(e)

the power under section 133BV (urgent works to remove or reduce risks), section 133BW (works to remove or reduce other risks), section 133BX (works for long-term use or occupation of building), or section 133BZA(3)(b) (bring forward deadline for completing seismic work) may be exercised,—

(i)

during a state of emergency, by the CDEM Group (or a person acting under the Group’s authority):

(ii)

during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority).

(3)

For the purposes of subsection (2),—

(a)

a responsible person who is a Group Controller must comply with section 28(4) of the CDEM Act:

(b)

a responsible person who is a Local Controller must comply with section 27(2) of the CDEM Act:

(c)

a responsible person who is a Group Recovery Manager must comply with section 30A(5) of the CDEM Act:

(d)

a responsible person who is a Local Recovery Manager must comply with section 30(2) of the CDEM Act.

(4)

In this section,—

CDEM Group means a Civil Defence and Emergency Management Group within the meaning of the CDEM Act

Controller, Director, Group Controller, Group Recovery Manager, Local Controller, Local Recovery Manager, and Recovery Manager have the same meanings as in the CDEM Act.

Section 133BK: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).