Civil Defence Emergency Management Amendment Act 2012

Coat of Arms of New Zealand

Civil Defence Emergency Management Amendment Act 2012

Public Act2012 No 6
Date of assent24 February 2012
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1  Title
  • This Act is the Civil Defence Emergency Management Amendment Act 2012.

2  Commencement
  • This Act comes into force 30 days after the date on which this Act receives the Royal assent.

3  Principal Act amended
4  Local authorities to establish Civil Defence Emergency Management Groups
  • Section 12(2) is amended by omitting Clause 30(5) and substituting Clause 30(5) or (7).

5  Declaration of state of local emergency
  • Section 68 is amended by inserting the following subsection after subsection (2):

    • (2A) If an authorised person declares a state of local emergency for—

      • (a) the whole area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more districts or wards within the area ceases to have effect:

      • (b) a district within the area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more wards within the district ceases to have effect.

6  Minister may declare state of local emergency in certain cases
  • Section 69 is amended by inserting the following subsection after subsection (1):

    • (1A) If the Minister declares a state of local emergency for—

      • (a) the whole area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more districts or wards within the area ceases to have effect:

      • (b) a district within the area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more wards within the district ceases to have effect.

7  New section 70 substituted
  • Section 70 is repealed and the following section substituted:

    70 Commencement and duration of state of emergency
    • (1) A declaration of a state of emergency must specify the time and date on which the declaration is made.

      (2) A state of emergency comes into force at the time and on the date that a declaration of the state of emergency is made.

      (3) A state of emergency expires 7 days after the time and date on which the state of emergency comes into force.

      (4) Nothing in this section prevents—

      • (a) the extension of a state of emergency under section 71; or

      • (b) the termination of a state of emergency under section 72.

      (5) For the purposes of this section, 7 days after the time and date on which the state of emergency comes into force means immediately after a period that—

      • (a) begins immediately after the time of the day on which the state of emergency comes into force; and

      • (b) ends immediately before the same time of the day on the date that is 7 days after the day on which the state of emergency comes into force.

      Example

      If a state of emergency came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the state of emergency came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.

8  New section 71 substituted
  • Section 71 is repealed and the following section substituted:

    71 Extension of duration of state of emergency
    • (1) Before a state of national emergency expires, the Minister may, by declaration, extend the state of national emergency.

      (2) Before a state of local emergency expires, a person authorised to declare a state of local emergency for an area may, by declaration, extend the state of local emergency.

      (3) An extension of a state of emergency comes into force—

      • (a) immediately before the state of emergency would have expired under section 70(3); or

      • (b) if the state of emergency was previously extended under this section, immediately before that extension would have expired under subsection (4).

      (4) An extension of a state of emergency expires 7 days after the time and date on which the extension of the state of emergency comes into force.

      (5) Nothing in this section prevents—

      • (a) the further extension of a state of emergency that has been extended under this section; or

      • (b) the termination of a state of emergency under section 72.

      (6) For the purposes of this section, 7 days after the time and date on which the extension of the state of emergency comes into force means a period that—

      • (a) begins immediately after the time of the day on which the extension comes into force; and

      • (b) ends immediately before the same time of the day on the date that is 7 days after the day on which the extension comes into force.

9  Termination of state of emergency
  • Section 72 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) A declaration made under subsection (1)—

      • (a) must specify the time and date on which it is made; and

      • (b) terminates the state of emergency when made.

10  Schedule 1 amended
  • Clause 6 of Part A of Schedule 1 is amended by omitting Lyttleton and substituting Lyttelton.

11  Consequential amendments to Civil Defence Emergency Management Regulations 2003
  • Form 2 of Schedule 2

    (2) Form 2 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The state of national emergency comes into force immediately on the making of this declaration.

    (3) Form 2 of Schedule 2 is amended by omitting the third sentence and substituting the following sentence:

    The state of national emergency expires 7 days after the time and date on which the state of emergency comes into force.

    (4) Form 2 of Schedule 2 is amended by omitting note 3 and substituting the following note:

    • 3 Calculating 7 days after the time and date on which the state of emergency comes into force: If the state of emergency came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the state of emergency came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.

    Form 3 of Schedule 2

    (5) Form 3 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The state of national emergency is extended for 7 days immediately before the expiry of the original declaration/the last extension*.

    (6) Form 3 of Schedule 2 is amended by omitting the first footnote after the designation and substituting the following footnote:

    †Include times and dates when any extensions took effect.

    (7) Form 3 of Schedule 2 is amended by omitting note 3 and substituting the following note:

    • 3 Calculating the extension of 7 days for a declaration extending the state of emergency: If the extension came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the extension came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.

    (8) Form 3 of Schedule 2 is amended by omitting note 4 and substituting the following note:

    • 4 If this is a second or subsequent extension of a state of emergency, specify the time and date when each previous extension took effect and the time and date when the state of emergency was first declared.

    Form 4 of Schedule 2

    (9) Form 4 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The termination of the state of national emergency takes effect from the time and date this declaration is made.

    (10) Form 4 of Schedule 2 is amended by omitting the first footnote after the designation and substituting the following footnote:

    †Include times and dates when any extensions took effect.

    (11) Form 4 of Schedule 2 is amended by omitting note 2 and substituting the following note:

    • 2 If any extension of the state of emergency was made, specify the time and date when each extension took effect, as well as the time and date when the state of emergency was first declared.

    (12) Form 4 of Schedule 2 is amended by omitting note 3.

    Form 5 of Schedule 2

    (13) Form 5 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The state of local emergency comes into force immediately on the making of this declaration.

    (14) Form 5 of Schedule 2 is amended by omitting the third sentence and substituting the following sentence:

    The state of local emergency expires 7 days after the time and date on which the state of emergency comes into force.

    (15) Form 5 of Schedule 2 is amended by omitting note 2 and substituting the following note:

    • 2 Calculating 7 days after the time and date on which the state of emergency comes into force: If the state of emergency came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the state of emergency came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.

    Form 6 of Schedule 2

    (16) Form 6 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The state of local emergency is extended for 7 days immediately before the expiry of the original declaration/the last extension*.

    (17) Form 6 of Schedule 2 is amended by omitting the first footnote after the designation and substituting the following footnote:

    †Include times and dates when any extensions took effect.

    (18) Form 6 of Schedule 2 is amended by omitting note 2 and substituting the following note:

    • 2 Calculating the extension of 7 days for a declaration extending the state of emergency: If the extension came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the extension came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.

    (19) Form 6 of Schedule 2 is amended by omitting note 3 and substituting the following note:

    • 3 If this is a second or subsequent extension of a state of emergency, specify the time and date when each previous extension took effect and the time and date when the state of emergency was first declared.

    Form 7 of Schedule 2

    (20) Form 7 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The termination of the state of local emergency takes effect from the time and date when this declaration is made.

    (21) Form 7 of Schedule 2 is amended by omitting the first footnote after the designation and substituting the following footnote:

    †Include times and dates when any extensions took effect.

    (22) Form 7 of Schedule 2 is amended by omitting note 2 and substituting the following note:

    • 2 If any extension of the state of emergency was made, specify the time and date when each extension took effect, as well as the time and date when the state of emergency was first declared.

    (23) Form 7 of Schedule 2 is amended by omitting note 3.

    Form 8 of Schedule 2

    (24) Form 8 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The state of local emergency comes into force immediately on the making of this declaration.

    (25) Form 8 of Schedule 2 is amended by omitting the third sentence and substituting the following sentence:

    The state of local emergency expires 7 days after the time and date on which the state of emergency comes into force.

    (26) Form 8 of Schedule 2 is amended by omitting note 2 and substituting the following note:

    • 2 Calculating 7 days after the time and date on which the state of emergency comes into force: If the state of emergency came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the state of emergency came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.

    Form 9 of Schedule 2

    (27) Form 9 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The state of local emergency is extended for 7 days immediately before the expiry of the original declaration/the last extension*.

    (28) Form 9 of Schedule 2 is amended by omitting the first footnote after the second sentence and substituting the following footnote:

    †Include times and dates when any extensions took effect.

    (29) Form 9 of Schedule 2 is amended by omitting note 2 and substituting the following note:

    • 2 Calculating the extension of 7 days for a declaration extending the state of emergency: If the extension came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the extension came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.

    (30) Form 9 of Schedule 2 is amended by omitting note 3 and substituting the following note:

    • 3 If this is a second or subsequent extension of a state of emergency, specify the time and date when each previous extension took effect and the time and date when the state of emergency was first declared.

    Form 10 of Schedule 2

    (31) Form 10 of Schedule 2 is amended by omitting the second sentence and substituting the following sentence:

    The termination of the state of local emergency takes effect from the time and date when this declaration is made.

    (32) Form 10 of Schedule 2 is amended by omitting the first footnote after the second sentence and substituting the following footnote:

    †Include times and dates when any extensions took effect.

    (33) Form 10 of Schedule 2 is amended by omitting note 2 and substituting the following note:

    • 2 If any extension of the state of emergency was made, specify the time and date when each extension took effect, as well as the time and date when the state of emergency was first declared.

    (34) Form 10 of Schedule 2 is amended by omitting note 3.


Legislative history

16 February 2012Divided from Statutes Amendment Bill (No 2) (Bill 271–2) and third reading
24 February 2012Royal assent

This Act is administered by the Department of Internal Affairs.