Civil Defence Emergency Management Act 2002

4 Interpretation

In this Act, unless the context otherwise requires,—

administering authority means, in relation to a Civil Defence Emergency Management Group, the administering authority described in section 23

area, in relation to a Civil Defence Emergency Management Group,—

(a)

means all the districts of the local authorities that are members of the Group; and

(b)

extends to—

(i)

the landward boundary of the territorial authorities in the Group; and

(ii)

the seaward boundary of the regions of regional councils or unitary authorities in the Group

chief executive officer, in relation to a provider, means—

(a)

in relation to a company, the person occupying the position of chief executive of the company, by whatever name called:

(b)

in relation to a partnership, a partner nominated for the purpose by the partnership:

(c)

in relation to an individual provider, the provider:

(d)

in relation to any other provider, including an unincorporated body, a person occupying a position that is comparable with that of chief executive officer of a company, by whatever name called

civil defence emergency management—

(a)

means the application of knowledge, measures, and practices that—

(i)

are necessary or desirable for the safety of the public or property; and

(ii)

are designed to guard against, prevent, reduce, recover from, or overcome any hazard or harm or loss that may be associated with any emergency; and

(b)

includes, without limitation, the planning, organisation, co-ordination, and implementation of those measures, knowledge, and practices

Civil Defence Emergency Management Co-ordinating Executive Group or Executive Group means a Group established under section 20

Civil Defence Emergency Management Group or Group means a Group established under section 12 or established or re-established under section 22

civil defence emergency management group plan means a plan prepared and approved under section 48

civil defence emergency management plan means a national civil defence emergency management plan or a civil defence emergency management group plan

constable—

(a)

has the same meaning as in section 4 of the Policing Act 2008; and

(b)

in Part 5B, includes any person acting under the authority of a constable

Controller means the person who is the National Controller in accordance with section 10, or a Group Controller appointed under section 26

department means a public service agency as defined in section 5 of the Public Service Act 2020

Director means the Director of Civil Defence Emergency Management appointed under section 8

district means the district of a local authority; and includes a region

emergency means a situation that—

(a)

is the result of any happening, whether natural or otherwise, including, without limitation, any explosion, earthquake, eruption, tsunami, land movement, flood, storm, tornado, cyclone, serious fire, leakage or spillage of any dangerous gas or substance, technological failure, infestation, plague, epidemic, failure of or disruption to an emergency service or a lifeline utility, or actual or imminent attack or warlike act; and

(b)

causes or may cause loss of life or injury or illness or distress or in any way endangers the safety of the public or property in New Zealand or any part of New Zealand; and

(c)

cannot be dealt with by emergency services, or otherwise requires a significant and co-ordinated response under this Act

emergency services means the New Zealand Police, Fire and Emergency New Zealand, Taumata Arowai, and providers of health and disability services

Group Controller means a person appointed as a Group Controller under section 26

Group Recovery Manager means a person appointed as a Group Recovery Manager under section 29

hazard means something that may cause, or contribute substantially to the cause of, an emergency

health and disability services means health services and disability support services within the meaning of the New Zealand Public Health and Disability Act 2000

lifeline utility means an entity named or described in Part A of Schedule 1, or that carries on a business described in Part B of Schedule 1

local authority means a local authority within the meaning of the Local Government Act 2002

Local Recovery Manager means a person appointed as a Local Recovery Manager under section 30

local transition period means a local transition period notified under section 94B

member means a local authority that is a member of a Civil Defence Emergency Management Group

Minister means, subject to any enactment, the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

national civil defence emergency management plan means a plan made under section 39

national civil defence emergency management strategy means a strategy completed under section 31

National Controller means the person who is the National Controller in accordance with section 10

National Recovery Manager means the person who is delegated specified functions and powers of the Director under section 11A

national significance includes, without limitation, any case where the Minister or the Director considers that—

(a)

there is widespread public concern or interest; or

(b)

there is likely to be significant use of resources; or

(c)

it is likely that the area of more than 1 Civil Defence Emergency Management Group will be affected; or

(d)

it affects or is likely to affect or is relevant to New Zealand’s international obligations; or

(e)

it involves or is likely to involve technology, processes, or methods that are new to New Zealand; or

(f)

it results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment)

national transition period means a national transition period notified under section 94A

owner, in relation to a structure, includes (but is not limited to) a person who owns part of the structure

provider of health and disability services means provider within the meaning of the New Zealand Public Health and Disability Act 2000

public place means a place that, at any material time, is—

(a)

open to or is being used by the public, whether free or on payment of a charge, and whether or not any owner or occupier of the place is lawfully entitled to exclude or reject any person; and

(b)

includes, without limitation, any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward

recovery means the co-ordinated efforts and processes used to bring about the immediate, medium-term, and long-term holistic regeneration and enhancement of a community following an emergency

recovery activity means an activity carried out under this Act or any civil defence emergency management plan to deal with the consequences of an emergency, including, without limitation,—

(a)

the assessment and ongoing monitoring of the needs of a community affected by the emergency; and

(b)

the co-ordination and integration of planning, decisions, actions, and resources; and

(c)

measures to support—

(i)

the regeneration, restoration, and enhancement of communities across the 4 environments (built, natural, social, and economic); and

(ii)

the cultural and physical well-being of individuals and their communities; and

(iii)

government and non-government organisations and entities working together; and

(d)

measures to enable community participation in recovery planning; and

(e)

new measures—

(i)

to reduce risks from hazards; and

(ii)

to build resilience

Recovery Manager means the National Recovery Manager, a Group Recovery Manager, or a Local Recovery Manager, and includes any person acting under the authority of the National Recovery Manager, a Group Recovery Manager, or a Local Recovery Manager

region means a region within the meaning of the Local Government Act 2002

regional council means a regional council within the meaning of the Local Government Act 2002

representative means an elected member of a local authority, including an elected member of a community board

responsible department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

risk means the likelihood and consequences of a hazard

road has the same meaning as in section 2(1) of the Land Transport Act 1998

state of emergency means a state of national emergency or a state of local emergency

state of local emergency means a state of local emergency declared under section 68 or section 69

state of national emergency means a state of national emergency declared under section 66

State services has the same meaning as in section 5 of the Public Service Act 2020

Taumata Arowai means Taumata Arowai established under section 8 of the Taumata Arowai–the Water Services Regulator Act 2020

territorial authority means a territorial authority within the meaning of the Local Government Act 2002

transition period means a national transition period or a local transition period

unitary authority means a unitary authority within the meaning of the Local Government Act 2002

working day means any day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period beginning on 25 December in any year and ending with 15 January in the following year.

Section 4 administering authority: amended, at 9.59 pm on 29 November 2016, by section 4(1) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 area: replaced, at 9.59 pm on 29 November 2016, by section 4(2) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 chief executive officer: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 civil defence emergency management paragraph (a)(ii): amended, at 9.59 pm on 29 November 2016, by section 4(3) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 constable: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 department: replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 4 district: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 4 emergency services: amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).

Section 4 emergency services: amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 4 emergency services: amended, at 9.59 pm on 29 November 2016, by section 4(4) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 Group Recovery Manager: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 health and disability services: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 hospital and health service: repealed, at 9.59 pm on 29 November 2016, by section 4(6) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 4 Local Recovery Manager: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 local transition period: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 National Recovery Manager: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 national transition period: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 owner: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 provider of health and disability services: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 recovery: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 recovery activities: repealed, at 9.59 pm on 29 November 2016, by section 4(7) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 recovery activity: inserted, at 9.59 pm on 29 November 2016, by section 4(7) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 Recovery Co-ordinator: repealed, at 9.59 pm on 29 November 2016, by section 4(8) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 Recovery Manager: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 region: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 4 regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 4 State services: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 4 Taumata Arowai: inserted, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).

Section 4 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 4 transition period: inserted, at 9.59 pm on 29 November 2016, by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 4 unitary authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 4 working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).

Section 4 working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).