Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010

  • expired
  • Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010: expired, on 30 November 2010, by clause 3 of the Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010 (SR 2010/316).

Reprint
as at 30 November 2010

Crest

Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010

(SR 2010/316)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 16th day of September 2010 

Present:
His Excellency the Governor-General in Council

  • Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010: expired, on 30 November 2010, by clause 3.

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

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

Pursuant to section 6 of the Canterbury Earthquake Response and Recovery Act 2010, His Excellency the Governor-General makes the following order acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the relevant Minister made in accordance with section 6(2) of that Act.

Order

1 Title

  • This order is the Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010.

Preliminary provisions

2 Commencement

  • This order comes into force on 16 September 2010.

3 Expiry

  • This order expires on the close of 29 November 2010.

4 Interpretation and application

  • (1) In this order, unless the context otherwise requires,—

    authorised person means a person who is, or who is acting under the authority of,—

    • (a) a Controller; or

    • (b) a constable

    Controller means a person who is—

    • (a) the Group Controller appointed under section 26(1) or (2) of the CDEM Act by the Canterbury Civil Defence Emergency Management Group and for its area; or

    • (b) a Local Controller appointed under section 27(1) of the CDEM Act by that Group to carry out any of the functions and duties of, or delegated to, that Group's Group Controller and to exercise the powers of Controllers in the area for which the Group Controller is appointed

    relevant authority means a territorial authority that is—

    • (a) Christchurch City Council; or

    • (b) Selwyn District Council; or

    • (c) Waimakariri District Council

    response to the Canterbury earthquake, as referred to in clause 7(1)(b), 8(b), 9(1)(c), or 10(1)(b), includes, without limitation, every act or omission, and every performance or exercise or intended performance or exercise of functions, responsibilities, duties, or powers, that is (in whole or in part) authorised by, or made lawful by virtue of,—

    • (a) provisions of this order other than that clause; or

    • (b) provisions of any other order made under section 6 of the Act

    specified district means a district of a relevant authority.

    (2) A reference in this order to an offence in a section of the CDEM Act includes a reference to any 1 or more related defences provided for by the section.

    (3) Terms used and not defined in this order but defined in the Act or the CDEM Act have, in this order, the meanings given to them by that Act.

    (4) The modifications or extensions in this order apply only in respect of a specified district, and apply in respect of a specified district only in respect of the period that—

    • (a) begins at the expiry or termination of all or any part of the state of local emergency declared (and, if applicable, extended) for that district because of the Canterbury earthquake; and

    • (b) ends when this order expires on the close of 29 November 2010.

Modifications of, or extensions to, provisions of CDEM Act

5 Evacuation of, and exclusion of persons or vehicles from, premises and places (including public places)

  • (1) An authorised person may exercise all or any powers stated in section 86 of the CDEM Act in respect of any premises or place (including any public place) in a specified district as if a state of emergency were in force in respect of that district but only if, in the authorised person's opinion, or if he or she is acting under the authority of a Controller or constable in that Controller's or constable's opinion, the exercise of those powers is necessary for the preservation of human life.

    (2) The offence and penalty in sections 99 and 104 of the CDEM Act apply (without limitation) to a failure by a person to comply with a direction given to the person under section 86 of that Act as modified or extended by this clause.

6 Entry on, and breaking into, premises and places

  • An authorised person may exercise all or any powers stated in section 87 of the CDEM Act in respect of any premises or place within a specified district as if a state of emergency were in force in respect of that district but only if the authorised person, or if he or she is acting under the authority of a Controller or constable that Controller or constable, believes on reasonable grounds that the exercise of those powers is necessary for—

    • (a) saving life, preventing injury, or rescuing and removing injured or endangered persons; or

    • (b) permitting or facilitating the carrying out of any urgent measure for the relief of suffering or distress.

7 Prohibitions or restrictions on public access, with or without vehicles, to roads and public places

  • (1) An authorised person may exercise all or any powers stated in section 88 of the CDEM Act in respect of any roads or public places within a specified district as if a state of emergency were in force in respect of that district but only if the authorised person, or if he or she is acting under the authority of a Controller or constable that Controller or constable, believes on reasonable grounds that the exercise of those powers is necessary in order to—

    • (a) prevent or limit the consequences of the Canterbury earthquake; or

    • (b) facilitate the response to the Canterbury earthquake.

    (2) The offence and penalty in sections 100 and 104 of the CDEM Act apply (without limitation) to a failure by a person to comply with a prohibition or restriction imposed under section 88 of that Act as modified or extended by this clause.

8 Removal of (and for that purpose using force or breaking into) aircraft, vessels, vehicles, etc

  • An authorised person may exercise all or any powers stated in section 89 of the CDEM Act in respect of any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle impeding civil defence emergency management in a specified district as if a state of emergency were in force in respect of that district but only if the authorised person, or if he or she is acting under the authority of a Controller or constable that Controller or constable, believes on reasonable grounds that the exercise of those powers is necessary in order to—

    • (a) prevent or limit the consequences of the Canterbury earthquake; or

    • (b) facilitate the response to the Canterbury earthquake.

9 Requisitioning property

  • (1) An authorised person may exercise all or any powers stated in section 90 of the CDEM Act in respect of a specified district and any property referred to in that section as requisitioned property, and in respect of the owner or person for the time being in control of that property, as if a state of emergency were in force in respect of that district but only if the authorised person, or if he or she is acting under the authority of a Controller or constable that Controller or constable, believes on reasonable grounds that the exercise of those powers is necessary—

    • (a) for the preservation of human life; or

    • (b) in order to prevent or limit the consequences of the Canterbury earthquake; or

    • (c) in order to facilitate the response to the Canterbury earthquake.

    (2) The offences and penalty in sections 101 and 104 of the CDEM Act apply (without limitation) in respect of a person who intentionally fails to—

    • (a) comply with any direction given to him or her under section 90(2) as modified or extended by this clause; or

    • (b) provide assistance under section 90(6) as modified or extended by this clause.

    (3) Section 107 (compensation if property requisitioned) of the CDEM Act applies (without limitation) in respect of any exercise of powers stated in section 90 of the CDEM Act as modified or extended by this clause.

10 Directing or requesting persons to stop certain activities or to take certain actions

  • (1) An authorised person may exercise all or any powers stated in section 91 of the CDEM Act in respect of a specified district and an activity by or action to be taken by a person as if a state of emergency were in force in respect of that district but only if the authorised person, or if he or she is acting under the authority of a Controller or constable that Controller or constable, believes on reasonable grounds that the exercise of those powers is necessary in order to—

    • (a) stop the activity by the person because it may substantially contribute to any consequences of the Canterbury earthquake; or

    • (b) require the person to take the action to facilitate the response to the Canterbury earthquake.

    (2) The offence and penalty in sections 102 and 104 of the CDEM Act apply (without limitation) to a failure by a person to comply with a direction given under section 91(a) of that Act as modified or extended by this clause.

11 Carrying out inspections, etc

  • An authorised person may exercise all or any powers stated in section 92 of the CDEM Act in respect of a specified district and any property, animal, or any other thing as if a state of emergency were in force in respect of that district but only if the authorised person, or if he or she is acting under the authority of a Controller or constable that Controller or constable, believes on reasonable grounds that the exercise of those powers is necessary in order to prevent or limit the consequences of the Canterbury earthquake.

12 Person exercising powers to provide proof of identity

  • All requirements stated in section 93 of the CDEM Act apply (without limitation) to a person exercising a power conferred on him or her by section 86, 87, 88, 89, 90, 91, or 92 of the CDEM Act as modified or extended by this order.

13 Obstruction

  • The offence and penalty in sections 98 and 104 of the CDEM Act apply (without limitation) to any person who threatens, assaults, or intentionally obstructs or hinders any person in that person's exercise or performance of a function, power, or duty under section 86, 87, 88, 89, 90, 91, or 92 of the CDEM Act as modified or extended by this order.

14 Personation

  • The offence and penalty in sections 103 and 104 of the CDEM Act apply (without limitation) to any person who intentionally personates or falsely represents himself or herself to be a person duly authorised or employed for carrying out any of sections 86 to 92 of the CDEM Act as modified or extended by this order.

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order comes into force on 16 September 2010, and expires on the close of 29 November 2010.

It modifies or extends provisions of the Civil Defence Emergency Management Act 2002 (CDEM Act). While a state of local emergency was in force in respect of a specified district (Christchurch City, Selwyn District, or Waimakariri District), those provisions enabled civil defence emergency management powers to be exercised in respect of that district by persons who are, or who are acting under the authority of, a Controller or a constable (authorised persons). The modifications or extensions apply only in respect of a specified district, and apply in respect of a specified district only in respect of the period that—

  • begins at the expiry or termination of all or any part of the state of local emergency declared (and, if applicable, extended) for that district because of the Canterbury earthquake; and

  • ends when this order expires on the close of 29 November 2010 (clause 4(4)).

The following clauses modify or extend the following provisions of the CDEM Act to make available to authorised persons the following powers and associated provisions.

Clause 5 modifies or extends sections 86, 99, and 104 to make available powers to evacuate, and to exclude persons or vehicles from, premises and places (including public places) and an associated offence and penalty.

Clause 6 modifies or extends section 87 to make available powers to enter on, and if necessary break into, premises and places.

Clause 7 modifies or extends section 88 to make available prohibitions or restrictions on public access, with or without vehicles, to roads and public places and an associated offence and penalty.

Clause 8 modifies or extends section 89 to make available powers to remove (and if necessary for that purpose to use force or break into) aircraft, vessels, vehicles, etc.

Clause 9 modifies or extends section 90 to make available powers to requisition property, associated offences and an associated penalty, and an associated provision for compensation.

Clause 10 modifies or extends sections 91, 102, and 104 to make available powers to direct or request persons to stop certain activities or to take certain actions and an associated offence and penalty.

Clause 11 modifies section 92 to make available powers to examine, mark, seize, sample, secure, disinfect, or destroy any property, animal, or any other thing.

Clause 12 modifies or extends section 93 to ensure requirements to carry and provide on request evidence of identity and to on request produce evidence of or give a general explanation of the relevant authority for action and powers being exercised apply to a person exercising powers under specified sections modified or extended by this order.

Clause 13 modifies or extends sections 98 and 104 to make an obstruction offence and penalty available in respect of the exercise or performance of functions, powers, or duties under a specified section modified or extended by this order.

Clause 14 modifies or extends sections 103 and 104 to make an offence and penalty available in respect of a person who intentionally personates or falsely represents himself or herself to be a person duly authorised or employed for carrying out a specified section modified or extended by this order.

This order is made under the Canterbury Earthquake Response and Recovery Act 2010 and its effect is temporary.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 16 September 2010.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010. The reprint incorporates all the amendments to the order as at 30 November 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010: clause 3