Civil Defence Emergency Management Act 2002

84 Minister’s power of direction

(1)

This section applies if—

(a)

a state of emergency is in force, or the Minister considers that an imminent threat of an emergency exists; and

(b)

the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2).

(2)

If subsection (1) applies, the Minister may direct the Director or any Civil Defence Emergency Management Group or person—

(a)

to perform or exercise any of the functions, duties, or powers conferred on that person or Group under this Act; or

(b)

to cease to perform or exercise any of the functions, duties, or powers conferred on that person or Group under this Act.

(2A)

Subsection (2B) applies if—

(a)

an area is subject to—

(i)

a state of emergency; and

(ii)

a designation under subpart 6B of Part 2 of the Building Act 2004; and

(b)

a person who may exercise powers under this Act in relation to the state of emergency is the responsible person under that subpart (see section 133BK of the Building Act 2004).

(2B)

The Minister may direct that responsible person—

(a)

to exercise any of the powers conferred on the person under that subpart; or

(b)

to cease to exercise any of those powers.

(3)

If, under this section, the Minister directs any Civil Defence Emergency Management Group or person to perform any function or duty or exercise any power, the Minister may direct that the function, duty, or power must be performed or exercised under the control and to the satisfaction of the Director.

Compare: 1983 No 46 s 73

Section 84(2): amended, on 17 December 2019, by section 31(1) of the Building Amendment Act 2019 (2019 No 27).

Section 84(2A): inserted, on 17 December 2019, by section 31(2) of the Building Amendment Act 2019 (2019 No 27).

Section 84(2B): inserted, on 17 December 2019, by section 31(2) of the Building Amendment Act 2019 (2019 No 27).