This Bill amends the recently enacted Civil Defence Emergency Management Amendment Act 2016 (the principal Act). The principal Act provides for a transition from the response to an emergency to the initial recovery period by ensuring that appropriate and effective statutory powers and arrangements are available.

The amendments bring forward the commencement date of most provisions of the principal Act to allow those provisions to be used to support recovery from the Hurunui/Kaikōura earthquake sequence. The same provisions will also be able to be used to respond to another emergency (for example, a flood) should there be a need for a Recovery Manager with statutory powers.

The Bill also has a set of transitional provisions that provide that Civil Defence Emergency Management Groups may, but are not required to, appoint a Group Recovery Manager or a person to give notice of a local transition period during the period beginning with the commencement of this Bill and ending with 31 May 2017 (Groups must have a Recovery Manager in place from 1 June 2017). This recognises that under the principal Act (as it currently stands) these appointments could be made at any time within the 180-day-period beginning with the day on which the principal Act received the Royal assent.

In addition, the Bill provides that a Controller or constable under a state of emergency, or a Recovery Manager or constable under a transition notice, may direct owners of structures or types of structures to obtain an assessment of the effect of the emergency (and any related subsequent events) on those structures. The person giving the direction must not do so unless the person has had regard to whether the structure concerned may pose a risk of injury or a risk to the safety of life or the safety of other property. The tests that generally apply to the use of powers by a Recovery Manager apply to this power too (for example, the public interest test). There is also an ability to appeal a direction to the District Court on the grounds that the direction is unreasonable.

Departmental disclosure statement

The Ministry of Civil Defence and Emergency Management is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2016&no=211

Regulatory impact statement

The Ministry of Civil Defence and Emergency Management produced a regulatory impact statement on 26 November 2016 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

A copy of this regulatory impact statement can be found at—

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. This Bill will come into force on receiving the Royal assent.

Clause 3 identifies the Civil Defence Emergency Management Amendment Act 2016 as the Act being amended (the principal Act).

Clause 4 replaces section 2 of the principal Act, which concerns commencement. The effect of the amendment is to bring the principal Act into force when this Bill receives the Royal assent (rather than 180 days after the principal Act received the Royal assent). Section 19(2) and (5) of the principal Act, which adjusts the requirements for proposed Civil Defence Emergency Management Group plans, will come into force on 1 June 2018.

Clause 5 amends section 4 of the principal Act, which concerns interpretation. The amendment clarifies that an owner of a structure includes a person who owns part of the structure.

Clause 6 amends section 25 of the principal Act, which replaces section 83 of the Civil Defence Emergency Management Act 2002. New section 83 concerns restrictions on the disclosure of information. The amendment extends those restrictions to the information provided under new sections 91(2) and 94N(2).

Clause 7 inserts new sections 26A and 26B into the principal Act.

New section 26A amends section 91 of the Civil Defence Emergency Management Act 2002, which concerns the power to give directions. It enables, while a state of emergency is in force, a Controller or a constable to direct owners of structures or types of structures to obtain an assessment of the effect of the emergency (and any related subsequent events) on those structures. The amendment sets out the requirements for the direction, which must state the purpose of the assessment and specify a reasonable time within which the assessment must be concluded. It also provides for an appeal to the District Court on the grounds that the direction is unreasonable.

New section 26B inserts new section 91A into the Civil Defence Emergency Management Act 2002. The amendment sets out the notice requirements for directions given under section 91(2) of the Civil Defence Emergency Management Act 2002.

Clause 8 amends section 27 of the principal Act, which inserts new Parts 5A (transition periods) and 5B (powers in relation to transition periods) into the Civil Defence Emergency Management Act 2002. The amendments—

insert new section 94N(2) to (8) of the Civil Defence Emergency Management Act 2002, which provide that, while a transition period is in force, a Recovery Manager or a constable may direct owners of structures or types of structures to obtain an assessment of the effect of the emergency (and any related subsequent events) on those structures. The amendment sets out the requirements for the direction, which must state the purpose of the assessment and specify a reasonable time within which the assessment must be concluded. It also provides for an appeal to the District Court on the grounds that the direction is unreasonable:
insert new section 94NA of the Civil Defence Emergency Management Act 2002, which sets out the notice requirements for these directions.

Clause 9 amends section 28 of the principal Act, which amends section 96 of the Civil Defence Emergency Management Act 2002. The effect of the amendment is to make withholding information or giving false or misleading information under section 91 or new section 94N an offence.

Clause 10 replaces section 33 of the principal Act, which amends section 102 of the Civil Defence Emergency Management Act 2002. The effect of the amendment is to make a failure to comply with a direction under section 91 or new section 94N an offence.

Clause 11 amends Schedule 1 of the principal Act, which contains new Schedule 1AA of the Civil Defence Emergency Management Act 2002 (as inserted by section 41 of the principal Act). The amendment adds the following transitional provisions to new Schedule 1AA:

New clause 4 provides that, despite section 25(1)(b) (as inserted by section 13 of the principal Act), a Civil Defence Emergency Management Group may (but is not required to) appoint a person to give notice of a local transition period for its area during the period beginning with the date on which new clause 4 commences and ending with the close of 31 May 2017. Clause 18B(c) of the national civil defence emergency management plan is to be read consistently with this change:
New clause 5 provides that, despite section 29(1) (as inserted by section 17 of the principal Act), a Civil Defence Emergency Management Group may (but is not required to) appoint a Group Recovery Manager for its area during the period beginning with the date on which new clause 5 commences and ending with the close of 31 May 2017. Clause 18B(a) of the national civil defence emergency management plan is to be read consistently with this change:
New clause 6 provides that, despite sections 94E(5)(c) and 94F(1)(c) and (2)(c) of the Civil Defence Emergency Management Act 2002 (as inserted by section 27 of the principal Act), a notice referred to in either of those sections may be in a form that the person giving notice considers appropriate if the notice is given during the period beginning with the date on which new clause 6 commences and ending with the close of 31 May 2017:
New clause 7 provides that new clauses 4, 5, and 6 are repealed on 1 June 2017.

Hon Gerry Brownlee

Civil Defence Emergency Management Amendment Act 2016 Amendment Bill

Government Bill

211—1

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016.

2 Commencement

This Act comes into force on the day and at the time that it receives the Royal assent.

3 Principal Act

This Act amends the Civil Defence Emergency Management Amendment Act 2016 (the principal Act).

4 Section 2 replaced (Commencement)

Replace section 2 with:

2 Commencement

(1)

Section 19(2) and (5) come into force on 1 June 2018.

(2)

The rest of this Act comes into force on the day and at the time that the Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016 receives the Royal assent.

5 Section 4 amended (Interpretation)

In section 4(5), insert in its appropriate alphabetical order:

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

6 Section 25 amended (Section 83 replaced (Restriction on disclosure of information))

In section 25, new section 83, replace “60 or 76” with “60, 76, 91(2), or 94N(2)”.

7 New sections 26A and 26B inserted

After section 26, insert:

26A Section 91 amended (Power to give directions)

In section 91, insert as subsections (2) to (8):

(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.

(8)

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

26B New section 91A inserted (Notice requirements)

After section 91, insert:

91A Notice requirements

(1)

A person who gives a direction under section 91(2)(a) or (b)—

(a)

must use reasonable endeavours, in accordance with section 114, to notify—

(i)

each owner (or each owner’s agent) and each occupier of the structure of the direction; and

(ii)

each owner (or each owner’s agent) and each occupier of any adjacent structure or adjoining land of the direction; and

(b)

must attach a copy of the notice to a prominent place on, or adjacent to, the structure.

(2)

A person who gives a direction under section 91(2)(b) must also give public notice of the direction that is reasonable in the circumstances.

(3)

A notice given under this section must—

(a)

state the reasons for giving the direction; and

(b)

describe the matter to which the direction applies; and

(c)

state when the assessments are to be carried out; and

(d)

state where any further information may be viewed; and

(e)

be published in the Gazette as soon as practicable.

8 Section 27 amended (New Parts 5A and 5B inserted)

(1)

In section 27, new section 94N, insert as subsections (2) to (8):

(2)

A Recovery Manager or a 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)

(3)

(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.

(8)

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

(2)

In section 27, after new section 94N, insert:

94NA Notice requirements

(1)

A person who gives a direction under section 94N(2)(a) or (b)—

(a)

must use reasonable endeavours, in accordance with section 114, to notify—

(i)

each owner (or each owner’s agent) and each occupier of the structure of the direction; and

(ii)

each owner (or each owner’s agent) and each occupier of any adjacent structure or adjoining land of the direction; and

(b)

must attach a copy of the notice to a prominent place on, or adjacent to, the structure.

(2)

A person giving a direction under section 94N(2)(b) also must give public notice of the direction that is reasonable in the circumstances.

(3)

A notice given under this section must—

(a)

state the reasons for giving the direction; and

(b)

describe the matter to which the direction applies; and

(c)

state when the assessments are to be carried out; and

(d)

state where any further information may be viewed; and

(e)

be published in the Gazette as soon as practicable.

9 Section 28 amended (Section 96 amended (Withholding information or giving false or misleading information))

Replace section 28(1) with:

(1)

In section 96(1), replace “76” with “76, 91, 94I(1), or 94N”.

10 Section 33 replaced (Section 102 amended (Failure to comply with direction))

Replace section 33 with:

33 Section 102 amended (Failure to comply with direction)

In section 102, replace “91(a)” with “91 or 94N”.

11 Schedule 1 amended

(1)

In Schedule 1, new Schedule 1AA, before clause 1, insert:

Part 1 Provisions relating to this Act as enacted

(2)

In Schedule 1, new Schedule 1AA, after clause 3, insert:

4 Appointment of persons to give notice of local transition period

(1)

Despite section 25(1)(b) (as inserted by section 13 of the Civil Defence Emergency Management Amendment Act 2016), a Civil Defence Emergency Management Group may (but is not required to) appoint a person to give notice of a local transition period for its area during the period—

(a)

beginning with the date on which this clause commences; and

(b)

ending with the close of 31 May 2017.

(2)

During the period specified in subclause (1), “must” must be read as “may” in clause 18B(c) of the national civil defence emergency management plan as set out in the Schedule of the National Civil Defence Emergency Management Plan Order 2015 (as inserted by section 43 and Schedule 3 of the Civil Defence Emergency Management Amendment Act 2016).

5 Appointment of Group Recovery Managers

(1)

Despite section 29(1) (as inserted by section 17 of the Civil Defence Emergency Management Amendment Act 2016), a Civil Defence Emergency Management Group may (but is not required to) appoint a Group Recovery Manager for its area during the period—

(a)

beginning with the date on which this clause commences; and

(b)

ending with the close of 31 May 2017.

(2)

During the period specified in subclause (1), “must” must be read as “may” in clause 18B(a) of the national civil defence emergency management plan as set out in the Schedule of the National Civil Defence Emergency Management Plan Order 2015 (as inserted by section 43 and Schedule 3 of the Civil Defence Emergency Management Amendment Act 2016).

6 Form of certain notices

Despite sections 94E(5)(c) and 94F(1)(c) and (2)(c) (as inserted by section 27 of the Civil Defence Emergency Management Amendment Act 2016), a notice referred to in either of those sections may be in a form that the person giving the notice considers appropriate if the notice is given during the period—

(a)

beginning with the date on which this clause commences; and

(b)

ending with the close of 31 May 2017.

7 Repeals

(1)

Clauses 4, 5, and 6 are repealed on 1 June 2017.

(2)

This clause is repealed on 2 June 2017.

Civil Defence Emergency Management Amendment Act 2016 Amendment Bill