Civil Defence Emergency Management Act 2002

91 Power to give directions

(1)

While a state of emergency is in force, a Controller or a constable, or any person acting under the authority of a Controller or constable, may—

(a)

direct any person to stop any activity that may cause or substantially contribute to an emergency:

(b)

request any person, either verbally or in writing, to take any action to prevent or limit the extent of the emergency.

(2)

While a state of emergency is in force, a Controller or a constable, or any person acting under the authority of a Controller or constable, may direct—

(a)

the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the emergency (and any related subsequent events) on the structure:

(b)

the owners of structures of a particular type (or the owners’ agents) to obtain assessments of the effect of the emergency (and any related subsequent events) on the structures of that type that they own.

(3)

A person may not give a direction under subsection (2) unless the person has had regard to whether the structure or type of structure may, in the circumstances, pose a risk of injury or a risk to the safety of life or the safety of other property.

(4)

A direction given under subsection (2) must—

(a)

state the purpose of the assessment and specify the assessment that is required; and

(b)

specify a reasonable time within which the assessment must be concluded; and

(c)

require the owner (or the owner’s agent) to give a copy of the assessment to the person who gave the direction.

(5)

An owner (or owner’s agent) who is given a direction under subsection (2) must—

(a)

obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and

(b)

give a copy of the assessment to the person who gave the direction.

(6)

The owner (or the owner’s agent) may appeal to the District Court on the grounds that the direction is unreasonable.

(7)

Section 77(2) and (3) applies in relation to an appeal under subsection (6) with any necessary modifications, and section 77(4) does not apply.

(8)

Any relief that may be granted under subsection (6) is limited to the reasonable costs associated with obtaining the assessment.

Compare: 1996 No 30 s 137(1)(d), (e)

Section 91(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 91(2): inserted, at 9.59 pm on 29 November 2016, by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 91(3): inserted, at 9.59 pm on 29 November 2016, by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 91(4): inserted, at 9.59 pm on 29 November 2016, by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 91(5): inserted, at 9.59 pm on 29 November 2016, by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 91(6): inserted, at 9.59 pm on 29 November 2016, by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 91(7): inserted, at 9.59 pm on 29 November 2016, by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 91(8): inserted, at 9.59 pm on 29 November 2016, by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).