Civil Defence Emergency Management Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs

not the latest version

Search within this Act

Reprint as at 4 April 2016

Civil Defence Emergency Management Act 2002

Public Act		2002 No 33
Date of assent		17 October 2002
Commencement		see section 2

Note

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

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

New Zealand Legislation

List of access keys

Quick search

My recent searches

Civil Defence Emergency Management Act 2002

Civil Defence Emergency Management Act 2002

Note

Contents