This Act may be cited as the Civil Defence Amendment Act 1979, and shall be read together with and deemed part of the Civil Defence Act 1962 (hereinafter referred to as the principal Act).

2 Interpretation

(1)

Section 2 of the principal Act is hereby amended by inserting in the definition of the term “Chairman”, after the word “borough”, the words “or a district council”.

(2)

The said section 2 is hereby further amended by repealing the definition of the term “civil defence”, and substituting the following definition:

“‘Civil defence’ means the measures necessary or desirable for the safety of the public and which are designed to guard against, prevent, reduce, or overcome the effects or possible effects of any fire, explosion, earthquake, eruption, tsunami, flood, storm, tornado, or other happening that causes or may cause loss of life or injury or distress to persons or in any way endangers the safety of the public in New Zealand or in any part of New Zealand; and includes the planning, organisation, co-ordination, and implementation of such measures and the conducting of, and participation in, training for such purposes:”.

(3)

The said section 2 is hereby further amended by repealing the definition of the term “civil defence emergency” (as inserted by section 2(2) of the Civil Defence Amendment Act 1968), and substituting the following definition:

“‘Civil defence emergency’ means a situation (not attributable to an attack by an enemy or to any warlike act) that causes or may cause loss of life or injury or distress or in any way endangers the safety of the public and which requires the adoption of civil defence measures:”.

(4)

The said section 2 is hereby further amended by omitting from the definition of the term “local plan” the words “of this Act”, and substituting the words “or section 28a of this Act; and includes a regional plan prepared by a regional council under section 38a of this Act”.

(5)

The said section 2 is hereby further amended by adding to the definition of the term “national emergency” the words “, and which may require the adoption of civil defence measures”.

(6)

Section 2(1) and (2) of the Civil Defence Amendment Act 1968 are hereby consequentially repealed.

3 Civil defence regions

(1)

The principal Act is hereby further amended by repealing section 15, and substituting the following section:

“15

“(1)

For the purposes of this Act—

“(a)

Every region for the time being in existence under the Local Government Act 1974 shall be a civil defence region described as “The [Name of region] Civil Defence Region” :

“(b)

The Auckland Regional District as defined in the Auckland Regional Authority Act 1963 shall be a civil defence region described as the Auckland Civil Defence Region:

“(c)

The Chatham Islands shall be a civil defence region described as the Chatham Islands Civil Defence Region.

“(2)

Every region shall be in the charge of a Regional Commissioner.

“(3)

A Regional Commissioner may be in charge of more than 1 region.

“(4)

The fact that any Regional Commissioner exercises his functions and powers in any region shall be sufficient evidence of his authority to do so.”

(2)

This section shall come into force on a date to be fixed by Order in Council.

4 Deputy of Regional Commissioner

Section 18(2) of the principal Act is hereby amended by omitting the words “out of effective communication with a Regional Civil Defence Committee for the region”, and substituting the words “for any reason not available or unable to be effectively communicated with”.

5 Regional Civil Defence Advisory Groups

(1)

Section 20 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

“(1)

For the purposes of this Act, there shall be such Regional Civil Defence Advisory Groups as the Director from time to time determines.”

(2)

Section 20(2) of the principal Act is hereby amended by omitting the word “Committee” wherever it occurs, and substituting in each case the words “Advisory Group”.

(3)

Section 20(3) of the principal Act is hereby amended—

(a)

By omitting the word “Committee” where it first occurs, and substituting the words “Advisory Group”:

(b)

By omitting the words “the region, or, as the case may be, in the part of the region in respect of which the Committee is appointed,”, and substituting the words “a region or any part of a region”.

(4)

Every Regional Civil Defence Committee in existence under the principal Act immediately before the commencement of this section shall, on and after such commencement, be deemed to be a Regional Civil Defence Advisory Group.

6 Declaration of state of civil defence emergency

Section 22 of the principal Act (as substituted by section 4 of the Civil Defence Amendment Act 1968) is hereby amended by inserting, after subsection (7), the following subsection:

“(7a)

Notwithstanding anything in subsections (3) to (7) of this section, if at any time it appears to the senior member of the Police present in any district that a civil defence emergency has occurred or may occur in that district—

“(a)

He may request the Chairman of the local authority for that district, or any other person qualified to do so under this section (other than a Regional Commissioner or the Director), to declare a state of local civil defence emergency; and

“(b)

In the event of the person so requested declining to declare a state of local civil defence emergency, the senior member of the Police may notify the appropriate Regional Commissioner that the said person has declined to declare a state of local civil defence emergency and give his reasons for believing that a state of local civil defence emergency should be declared.”

7 Plan to be submitted to Regional Commissioner for approval

(1)

Section 32 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

“(1)

A regional plan prepared by a regional council under section 38a of this Act, and a local plan or joint plan prepared by a local authority or by uniting local authorities whose districts do not constitute part of a region within the meaning of the Local Government Act 1974, shall be submitted to the Regional Commissioner for the civil defence region or for the civil defence region within which the district or combined district is situated, as the case may be, for approval by him.”

(2)

Section 11(1) of the Civil Defence Amendment Act 1975 is hereby consequentially repealed.

8 Objection to regional council’s decision

Section 33(3) of the principal Act (as added by section 12 of the Civil Defence Amendment Act 1975) is hereby amended by omitting the words “when submitting its plan to him in accordance with the said section 32 of this Act”, and substituting the words “, who may confirm, modify, or reverse the regional council’s decision”.

9 Specific functions and powers of regional councils

(1)

Section 38a(1) of the principal Act (as inserted by section 16 of the Civil Defence Amendment Act 1975) is hereby amended by omitting from paragraph (a) the word “local”, and substituting the word “regional”.

(2)

The said section 38a(1) (as so inserted) is hereby further amended by repealing paragraph (d), and substituting the following paragraph:

“(d)

The promotion and co-ordination of adequate training for civil defence personnel within its district:”.

(3)

The said section 38a(1) (as so inserted) is hereby further amended by repealing paragraph (e), and substituting the following paragraph:

“(e)

During a state of national emergency or of civil defence emergency, the control and co-ordination for the purposes of this Act of the personnel, material, and services made available by other local authorities having civil defence responsibilities within the regional council’s district, and by Departments of State, other Government agencies, statutory corporations, public bodies, or other organisations or persons:

“Provided that this paragraph shall not apply during a local civil defence emergency declared under section 22 of this Act by a Chairman of any local authority (other than a regional council) or by any person qualified to do so in his place.”

10 Protection from liability

(1)

The principal Act is hereby further amended by repealing section 47, and substituting the following section:

“47

“(1)

Subject to section 45a of this Act, no action or proceedings shall be brought against the Crown, or any local authority, or any officer or servant of either of them, or any member of a local authority, or against any other person whatsoever, to recover damages for any damage to property occasioned by any person in the exercise or performance in good faith of his powers, duties, or obligations under this Act derived from or imposed by the declaration of a state of national emergency or of civil defence emergency.

“(2)

Subject to section 45a of this Act, no action or proceedings shall be brought against the Crown, or any local authority, or any officer or servant of either of them, or any member of a local authority, or against any other person whatsoever, to recover damages for any loss of or damage to property that is due directly or indirectly to a national emergency or a civil defence emergency, where the loss or damage is caused by any person taking any action, or failing to take any action, while he is acting in good faith in the exercise or performance of his powers, duties, or obligations under this Act derived from or imposed by the declaration of a state of national emergency or of civil defence emergency.

“(3)

No person shall be personally liable for any act done or default made by him in good faith in the course of carrying out civil defence work, or participating in civil defence training, under the control or authority of—

“(a)

The local authority or uniting local authorities of whose civil defence organisation he is a member; or

“(b)

The Director or Deputy Director or any person authorised to act in place of either of them; or

“(c)

A Regional Commissioner or a Controller; or

“(d)

A senior member of the Police acting under the authority of section 42(4) of this Act; or

“(e)

Any person or organisation acting under the authority of any of those bodies or persons.

“(4)

No member of a local authority shall be personally liable for any act done or omitted by the local authority or by any member thereof in good faith in pursuance or intended pursuance of the powers and authorities of the local authority conferred by this Act.”

(2)

The following enactments are hereby consequentially repealed:

(a)

Section 16 of the Civil Defence Amendment Act 1968:

(b)

Section 23 of the Civil Defence Amendment Act 1975.

This Act is administered in the Department of Internal Affairs.

Civil Defence Amendment Act 1979