Emergency Management Act 2026
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Emergency Management Act 2026
Public Act |
2026 No 53 |
|
Date of assent |
3 September 2026 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Emergency Management Act 2026.
2 Commencement
(1)
This Act comes into force on 4 September 2026, with some exceptions.
(2)
Sections 183 to 187 (which relate to compliance orders) come into force on 3 March 2027.
(3)
The following provisions come into force on 3 September 2027:
(a)
section 48 (which relates to the power of chief executives of territorial authorities regarding the use and provision of resources):
(b)
sections 57, 59, 62, 63, and 64(1)(c) to (f) (which relate to District Controllers and Local Controllers):
(c)
sections 66, 68, 71, 72, and 73(1)(c) to (f) (which relate to District Recovery Managers and Local Recovery Managers):
(d)
section 98(1)(k) to (m) (which relates to certain content of regional emergency management plans).
(4)
Sections 74 and 75 (which relate to lead agencies) come into force—
(a)
on a single date set by Order in Council; but
(b)
if they have not come into force by 3 September 2028, they come into force then.
(5)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 2(1): editorial change made by the PCO, on 18 September 2026, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
Section 2(2): editorial change made by the PCO, on 18 September 2026, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
Section 2(3): editorial change made by the PCO, on 18 September 2026, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
Section 2(4)(b): editorial change made by the PCO, on 18 September 2026, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
Part 1 Preliminary provisions
3 Purpose
The purpose of this Act is to promote and improve the management of hazards and to support the social, economic, cultural, and environmental well-being and safety of the public by providing for the following matters:
(a)
protecting property:
(b)
encouraging and enabling communities to achieve acceptable levels of risk, including by the following means:
(i)
identifying, assessing, and managing risks:
(ii)
consulting and communicating about risks:
(iii)
identifying and implementing cost-effective risk reduction:
(iv)
monitoring and reviewing those processes:
(c)
planning and preparing for emergencies and for response and recovery in the event of an emergency:
(d)
requiring local authorities to co-ordinate, through Emergency Management Committees, planning, programmes, and activities related to emergency management across the stages of reduction, readiness, response, and recovery, and encouraging co-operation and joint action within those Committees:
(e)
providing for the integration of national and local emergency management planning and activity through the alignment of local planning with a national emergency management strategy and national emergency management plan:
(f)
encouraging the co-ordination of emergency management, planning, and related activities among the wide range of agencies and organisations preventing or managing emergencies under this Act and the relevant legislation listed in Schedule 2.
Compare: 2002 No 33 s 3
4 Outline of Act
(1)
This Act is divided into 6 Parts.
(2)
This Part covers the following preliminary matters:
(a)
the purpose of this Act:
(b)
definitions of terms used in this Act:
(c)
transitional and savings provisions needed for this Act:
(d)
the extent to which this Act binds the Crown.
(3)
Part 2 is about the role-holders in the emergency management system. It has the following subparts:
(a)
subpart 1 provides for national role-holders, including the Director-General of Emergency Management, the National Controller, and the National Recovery Manager:
(b)
subpart 2 provides for regional role-holders, including the Emergency Management Committees, Emergency Management Co-ordinating Executive Groups, local authorities, Regional Controllers and Recovery Managers, District Controllers and Recovery Managers, and Local Controllers and Recovery Managers:
(c)
subpart 3 provides for the role of lead agencies, emergency services, and essential infrastructure providers.
(4)
Part 3 is about the planning documents required for the emergency management system, including the national emergency management strategy, the national emergency management plan, regional emergency management plans, and essential infrastructure sector response plans.
(5)
Part 4 is about emergency response and recovery. It includes the following subparts:
(a)
subpart 1 provides for the declaration of states of national and local emergency:
(b)
subpart 2 provides for the powers that may be exercised during states of national and local emergency:
(c)
subpart 3 provides for the declaration of national and local transition periods:
(d)
subpart 4 provides for the powers that may be exercised during national and local transition periods.
(6)
Part 5 is about compensation, civil liability, enforcement, appeals, and secondary legislation. It includes the following subparts:
(a)
subpart 1 enables role-holders to require certain information to be provided for emergency management and sets out restrictions on the use of that information:
(b)
subpart 2 establishes a regime for compliance orders to require compliance with this Act and related secondary legislation and plans:
(c)
subpart 3 provides for offences for failing to comply with certain requirements in this Act:
(d)
subpart 4 provides for compensation for damage arising from the exercise of powers or the carrying out of actions or measures under this Act:
(e)
subpart 5 provides for the service of documents and appeals:
(f)
subpart 6 authorises the making of regulations and rules under this Act.
(7)
Part 6 is about amendments to other legislation and the repeal of the Civil Defence Emergency Management Act 2002.
(8)
This section is for explanation only and does not affect the provisions to which it refers.
5 Interpretation
In this Act, unless the context otherwise requires,—
administering authority means the administering authority for a multi-member Emergency Management Committee described in section 40
aircraft has the same meaning as in section 5 of the Civil Aviation Act 2023
area—
(a)
means the districts and regions of the local authorities that make up a single Emergency Management Committee; and
(b)
extends to—
(i)
the landward boundary of the territorial authorities of the Emergency Management Committee; and
(ii)
the seaward boundary of the regional councils or unitary authorities of the Emergency Management Committee
associate member means a member of a multi-member Emergency Management Committee appointed under clause 31 of Schedule 7 of the Local Government Act 2002 who—
(a)
is not an elected member of a local authority; and
(b)
in the opinion of the Committee, has the skills, attributes, or knowledge that will assist the work of the Committee
authorised mayor-elect means a mayor-elect who is authorised under section 55
Committee’s internet site means an internet site maintained by, or on behalf of, an Emergency Management Committee
Controller means any of the following:
(a)
the National Controller:
(b)
a Regional Controller:
(c)
a District Controller:
(d)
a Local Controller
Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002
Director-General of Emergency Management or Director-General means the chief executive of the department
Director-General’s internet site means an internet site maintained by, or on behalf of, the Director-General
disproportionately affected community means a community that, if an emergency occurs,—
(a)
will or is likely to be significantly more affected by the emergency than other communities; and
(b)
because it is significantly more affected, will or is likely to have increased vulnerabilities or specific needs during or after the emergency
district has the same meaning as in section 5(1) of the Local Government Act 2002
District Controller—
(a)
means a person appointed as a District Controller under section 57; and
(b)
includes a person appointed to act in the role of a District Controller under that section
District Recovery Manager—
(a)
means a person appointed as a District Recovery Manager under section 66; and
(b)
includes a person appointed to act in the role of a District Recovery Manager under that section
emergency has the meaning set out in section 6(1)
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, harm, or loss that may be associated with any emergency; and
(b)
includes planning, organising, co-ordinating, and implementing those measures, knowledge, and practices
Emergency Management Committee or Committee means a Committee continued in accordance with section 25 or established or re-established under section 38 or 39
Emergency Management Co-ordinating Executive Group or Co-ordinating Executive Group means a Group appointed and maintained under section 42
emergency management plan means—
(a)
a national emergency management plan; or
(b)
a regional emergency management plan
emergency services means the following services:
(a)
the New Zealand Police:
(b)
Fire and Emergency New Zealand:
(c)
the emergency ambulance services (as identified by notice in the Gazette under section 78):
(d)
providers of health services
essential infrastructure has the meaning set out in section 7(1)
essential infrastructure provider has the meaning set out in section 7(1)
hazard means something that may cause, or contribute substantially to the cause of, an emergency
health services means personal health services and public health services within the meaning of those terms in section 4 of the Healthy Futures (Pae Ora) Act 2022
lead agency has the meaning set out in section 74(1)
local authority has the same meaning as in section 5(1) of the Local Government Act 2002
local authority member, in relation to a multi-member Emergency Management Committee, means a local authority that is a member of the Committee
Local Controller means a person appointed as a Local Controller under section 59
Local Recovery Manager means a person appointed as a Local Recovery Manager under section 68
local transition period means a local transition period declared under section 153
mayor-elect has the meaning set out in section 55(5)
member, in relation to a multi-member Emergency Management Committee, means—
(a)
a local authority that is a member of the Committee; and
(b)
any associate member appointed to the Committee
multi-member Emergency Management Committee has the meaning set out in section 27(2)
National Controller—
(a)
means the person who is the National Controller in accordance with section 19; and
(b)
includes a person who has been appointed to act in the role of the National Controller under section 19(7)
national emergency management plan or national plan means a plan made by regulations made under section 89
national emergency management strategy means a strategy made and in effect under section 83
National Recovery Manager—
(a)
means the person who is the National Recovery Manager under section 21; and
(b)
includes a person who has been appointed to act in the role of the National Recovery Manager under section 21(7)
national significance, in relation to an occurrence or a thing, includes, without limitation, any case where the Minister or the Director-General considers that at least 1 of the following applies:
(a)
there is widespread public concern about or interest in the occurrence or thing:
(b)
the occurrence or thing is likely to require significant use of resources:
(c)
the occurrence or thing is likely to affect the area of more than 1 Emergency Management Committee:
(d)
the occurrence or thing affects, is likely to affect, or is relevant to New Zealand’s international obligations:
(e)
the occurrence or thing 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 declared under section 150
owner, in relation to a structure, includes a person who owns part of the structure
provider of health services means a provider as defined in section 4 of the Healthy Futures (Pae Ora) Act 2022 who provides services within the meaning of paragraphs (a) and (b) of the definition of services in section 4 of that Act
public place—
(a)
means a place that, at any material time, is open to or is being used by the public,—
(i)
whether free or on payment of a charge; and
(ii)
whether or not an owner or occupier of the place is lawfully entitled to exclude or reject any person; and
(b)
includes, without limitation, an aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward
public service agency has the same meaning as in section 5 of the Public Service Act 2020
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 has the meaning set out in section 8
Recovery Manager means any of the following:
(a)
the National Recovery Manager:
(b)
a Regional Recovery Manager:
(c)
a District Recovery Manager:
(d)
a Local Recovery Manager
region has the same meaning as in section 5(1) of the Local Government Act 2002
Regional Controller—
(a)
means a person appointed as a Regional Controller under section 56 or 58; and
(b)
includes a person appointed to act in the role of a Regional Recovery Controller under either of those sections
regional council has the same meaning as in section 5(1) of the Local Government Act 2002
regional emergency management plan or regional plan means a plan prepared and approved under section 97
regional emergency management planning standard means a standard issued under section 107
Regional Recovery Manager—
(a)
means a person appointed as a Regional Recovery Manager under section 65 or 67; and
(b)
includes a person appointed to act in the role of a Regional Recovery Manager under either of those sections
regulations means regulations made under this Act
relevant legislation—
(a)
means legislation that may be relevant to emergency management; and
(b)
includes, without limitation, the legislation specified in Schedule 2, to the extent that it is relevant to emergency management
representative, in relation to a local authority,—
(a)
means an elected member of a local authority (within the meaning of paragraph (c) of the definition of member in section 5(1) of the Local Government Act 2002); and
(b)
includes an elected member of a community board established under section 49 of that 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
rules means rules made under this Act
sector response plan means a plan developed and approved under section 111
ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994
state of emergency means—
(a)
a state of national emergency; or
(b)
a state of local emergency
state of local emergency means a state of local emergency declared under section 120
state of national emergency means a state of national emergency declared under section 115
territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002
transition period means—
(a)
a national transition period; or
(b)
a local transition period
unitary authority has the same meaning as in section 5(1) of the Local Government Act 2002
unitary authority Emergency Management Committee has the meaning set out in section 27(5)
vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
ward has the same meaning as in section 5(1) of the Local Electoral Act 2001.
6 Meaning of emergency
(1)
In this Act, an emergency is a situation that—
(a)
is the result of any happening, whether natural or otherwise; and
(b)
causes or may cause either or both of the following:
(i)
the loss of human life or injury, illness, or distress to people; or
(ii)
a threat, in any way, to the safety of the public or property; and
(c)
requires a significant and co-ordinated response under this Act (for example, because emergency services are unable to adequately address it).
(2)
In this section, happening includes, without limitation, the following:
(a)
an explosion:
(b)
volcanic activity:
(c)
an earthquake or land movement:
(d)
a tsunami or flood:
(e)
a storm, tornado, or cyclone:
(f)
a serious fire:
(g)
a leakage or spillage of any dangerous gas or substance:
(h)
technological failure:
(i)
an infestation, plague, or pandemic:
(j)
a major transport incident:
(k)
a failure of, or disruption to, an emergency service or essential infrastructure:
(l)
an actual or imminent attack or warlike act.
7 Meanings of essential infrastructure and essential infrastructure provider
(1)
In this Act,—
essential infrastructure means the infrastructure components that are necessary to deliver an essential service
essential infrastructure provider means an entity or a member of a class of entities that—
(a)
provides, or is responsible for providing, essential infrastructure; and
(b)
is named or described in Schedule 3.
(2)
In this section,—
essential service means a service that is necessary for any of the following:
(a)
public order:
(b)
public safety:
(c)
public health:
(d)
national security:
(e)
the functioning of the economy or society of the whole or part of New Zealand
infrastructure components means assets, information, networks, systems, suppliers, people, and processes.
8 Meaning of recovery activities
(1)
In this Act, recovery activities means activities carried out under this Act or an emergency management plan to deal with the consequences of an emergency, including, without limitation,—
(a)
the acts specified in subsection (2):
(b)
the measures specified in subsection (3).
(2)
The specified acts are the following:
(a)
assessing and ongoing monitoring of the needs of a community affected by the emergency:
(b)
co-ordinating and integrating planning, decisions, actions, and resources.
(3)
The specified measures are the following:
(a)
measures to support the regeneration, restoration, and enhancement of communities across the built, natural, social, and economic environments:
(b)
measures to support the cultural and physical well-being of individuals and their communities:
(c)
measures to support government and non-government organisations and entities working together:
(d)
measures to enable community participation, including the participation of iwi and Māori, in recovery planning:
(e)
new measures—
(i)
to reduce risks from hazards; and
(ii)
to build resilience.
9 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Compare: 2002 No 33 s 4A
10 Act binds the Crown
(1)
This Act binds the Crown.
(2)
This section is subject to section 11.
Compare: 2002 No 33 s 5
11 Enforcement of Act against the Crown
(1)
This Act may be enforced against the Crown only in the manner provided in this section.
Compliance orders issued under this Act
(2)
A compliance order served under section 183 may be issued against an instrument of the Crown, but only if—
(a)
the instrument is a Crown organisation; and
(b)
the order is served on the Crown organisation in its own name.
District Court orders
(3)
An order may be made by the District Court against an instrument of the Crown in accordance with section 187, but only if—
(a)
the instrument is a Crown organisation; and
(b)
the order is made against the Crown organisation in its own name.
Prosecution of offence involving failure to comply with compliance order
(4)
An instrument of the Crown may be prosecuted for an offence against section 196, but only if—
(a)
the instrument is a Crown organisation; and
(b)
the proceedings are commenced—
(i)
against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
(ii)
in accordance with the Crown Organisations (Criminal Liability) Act 2002.
12 Act does not limit other functions, duties, or powers
Unless this Act otherwise provides, this Act does not limit or affect, and does not apply in substitution for, the functions, duties, or powers of any person under any other legislation or rule of law.
Compare: 2002 No 33 s 6
13 Precautionary approach
(1)
This section applies to a person who performs functions in relation to developing or implementing an emergency management plan under this Act.
(2)
The person may adopt a cautious approach to managing risk under an emergency management plan even if there is scientific or technical uncertainty about the nature and extent of the risk.
Compare: 2002 No 33 s 7
Part 2 Emergency management system role-holders
Subpart 1—National role-holders
Director-General of Emergency Management
14 Functions of Director-General of Emergency Management
The functions of the Director-General of Emergency Management are to—
(a)
identify hazards and risks that the Director-General considers may be of national significance:
(b)
monitor and evaluate the national emergency management strategy:
(c)
develop, monitor, and evaluate the national emergency management plan:
(d)
develop, in consultation with the relevant persons and organisations that have responsibilities under this Act, any guidelines, codes, or technical standards that may be required for the purposes of this Act:
(e)
monitor the performance of Emergency Management Committees and persons who have responsibilities under this Act:
(f)
promote emergency management that is consistent with the purpose of this Act:
(g)
keep the Minister informed, and provide advice, about any situation in which there is an imminent threat of an emergency:
(h)
during a state of national emergency or a national transition period, direct and control for the purposes of this Act the resources available for emergency management:
(i)
monitor and enforce compliance with this Act:
(j)
perform any other functions that are conferred or imposed on the Director-General by or under this Act or any other enactment:
(k)
perform any functions that are incidental and related to, or consequential on, the Director-General’s functions in paragraphs (a) to (j).
Compare: 2002 No 33 s 8
15 Powers of Director-General
(1)
The Director-General has all the powers that are reasonably necessary or expedient to enable the Director-General to perform the functions of the role, including the powers set out in subsections (2) to (5).
(2)
The Director-General may—
(a)
co-ordinate the use of specified resources (see subsection (7)) for the purposes of this Act, including in relation to the following matters:
(i)
providing transport:
(ii)
removing endangered persons and casualties from any area affected by an emergency to areas of safety or to hospitals or other medical care providers:
(iii)
providing medical care and attention to casualties:
(iv)
relieving human distress and suffering:
(v)
providing accommodation, food, care, and protection for persons:
(vi)
providing other services necessary to restore community services and provide for the welfare of the public; and
(b)
during a state of national emergency or national transition period, use the specified resources for the purposes of this Act, including—
(i)
in relation to the matters set out in paragraph (a); and
(ii)
for the purposes of any state of local emergency or local transition period when a state of national emergency or a national transitional period is in force concurrently for an area, district, or ward.
(3)
The Director-General may direct Emergency Management Committees, Regional Controllers, District Controllers, Local Controllers, Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers to perform or exercise their functions, duties, and powers in any of the following circumstances:
(a)
if a state of national emergency or national transition period is in force:
(b)
if—
(i)
a state of local emergency or local transition period is in force in relation to an emergency; and
(ii)
the Director-General considers that the performance or exercise of a function, duty, or power is necessary for 1 or more of the following purposes because of that emergency:
(A)
to preserve human life:
(B)
to prevent injury to people:
(C)
to prevent serious damage to property:
(c)
if the Director-General considers that—
(i)
an imminent threat of an emergency exists; and
(ii)
the performance or exercise of a function, duty, or power is necessary for 1 or more of the following purposes because of that emergency:
(A)
to preserve human life:
(B)
to prevent injury to people:
(C)
to prevent serious damage to property.
(4)
The Director-General may,—
(a)
devise, promote, and carry out, or cause to be carried out, research and investigations into matters relating to emergency management:
(b)
issue or direct the issue of hazard warnings and notifications:
(c)
co-ordinate the planning of emergency management between Emergency Management Committees:
(d)
give advice in relation to, and assist in, the planning, preparation, co-ordination, and carrying out of emergency management.
(5)
The Director-General may issue guidelines, codes, or technical standards to any person or organisation with responsibilities under this Act, including guidelines, codes, or technical standards for—
(a)
the establishment and operation of Emergency Management Committees and Emergency Management Co-ordinating Executive Groups:
(b)
the development of regional emergency management plans and operational plans for responding to, and recovery from, specific emergencies:
(c)
the development of strategic recovery planning for emergencies:
(d)
the development by the Crown, local authorities, emergency services, and essential infrastructure providers of plans required under this Act:
(e)
the operational role of Controllers, Recovery Managers, and other persons with responsibilities under this Act:
(f)
any other matters that the Director-General considers are—
(i)
necessary or desirable; and
(ii)
consistent with the purposes of this Act.
(6)
See also section 178, which authorises the Director-General to require information.
(7)
In this section, specified resources means any of the following:
(a)
personnel:
(b)
materials:
(c)
information:
(d)
services:
(e)
any other resources made available by public service agencies, Emergency Management Committees, emergency services, the New Zealand Defence Force (as provided for under the Defence Act 1990), and other persons.
Compare: 2002 No 33 s 9
16 Director-General must act consistently with national emergency management strategy
In performing or exercising the functions, duties, and powers of the Director-General under this Act, the Director-General must act consistently with the national emergency management strategy made under section 83.
Compare: 2002 No 33 s 37(2)
Emergency management powers
17 Statements by Director-General
(1)
The Director-General may, for the purpose of protecting the public, publish statements relating to—
(a)
any emergency; or
(b)
the performance or non-performance of any duty imposed on any person by or under this Act.
(2)
A statement published under this section is protected by qualified privilege.
Compare: 2002 No 33 s 74
18 Power of Director-General to act on default by others
(1)
If an Emergency Management Committee or person (other than the Minister) fails to commence or to complete the performance of a function or duty under this Act within the time that the Director-General considers reasonable, the Director-General may commence and complete the performance of the function or duty.
(2)
For the purposes of this section, the Director-General may employ any officers, employees, contractors, and other persons that may be necessary.
(3)
Subject to subsections (4) to (6), if a function or duty is performed by or on behalf of the Director-General under this section, it must be treated for all purposes as having been performed by the Emergency Management Committee or person responsible for performing the function or duty.
(4)
All expenses incurred by the Director-General under this section must be authorised in accordance with the Public Finance Act 1989.
(5)
An expense incurred, together with reasonable costs for its administration,—
(a)
is recoverable as a debt due to the Crown from the Emergency Management Committee or the person responsible for performing the function or duty; or
(b)
may be recovered by deduction from any money payable by the Crown to that Emergency Management Committee or the person responsible for performing the function or duty.
(6)
All money recovered or deducted under subsection (5) must be paid into a Crown Bank Account or a Departmental Bank Account in accordance with section 65U of the Public Finance Act 1989.
Compare: 2002 No 33 s 75
National Controller
19 Role of National Controller
(1)
The National Controller is—
(a)
the Director-General; or
(b)
if a delegation under subsection (2) is in force, the Director-General’s delegate.
(2)
The Director-General may, in writing, delegate any or all of the functions and powers of the Director-General referred to in sections 14(h) and 15(2) to any suitably qualified and experienced person for the purpose of dealing with a state of national emergency.
(3)
If no delegation has been made under subsection (2), the Director-General has all the powers conferred on the National Controller by this Act.
(4)
A person to whom functions and powers are delegated under subsection (2), while the delegation is in force, has all the powers conferred on the National Controller by this Act.
(5)
The Director-General may exercise the power to delegate at any time, whether or not a state of national emergency is in force or is imminent.
(6)
Section 24 applies to an exercise of the power of delegation under subsection (2) or by a person appointed under subsection (7).
(7)
If a delegation has been made to a person under subsection (2),—
(a)
the Director-General may also appoint 1 or more suitably qualified and experienced persons to act in the role of the delegate in the event that the delegate is absent from duty; and
(b)
during the delegate’s absence, the person or persons may perform or exercise the functions, duties, or powers of the delegate, including the powers conferred on the National Controller by this Act.
(8)
See also section 178, which authorises the National Controller to require information.
Compare: 2002 No 33 s 10
20 Person authorised by National Controller
(1)
The National Controller may authorise a suitably qualified and experienced person to perform or exercise the functions, duties, or powers of the National Controller (including any functions and powers delegated under section 19(2) and the powers conferred on the National Controller by this Act).
(2)
If a person is authorised under subsection (1), the National Controller remains responsible and accountable under this Act for the performance or exercise of the functions, duties, or powers of the role.
National Recovery Manager
21 Role of National Recovery Manager
(1)
The National Recovery Manager is—
(a)
the Director-General; or
(b)
if a delegation under subsection (2) is in force, the Director-General’s delegate.
(2)
The Director-General may, in writing, delegate any or all of the functions and powers of the Director-General referred to in sections 14(h) and 15(2) to any suitably qualified and experienced person for the purpose of dealing with a national transition period.
(3)
If no delegation has been made under subsection (2), the Director-General has all the powers conferred on the National Recovery Manager by this Act.
(4)
A person to whom functions and powers are delegated under subsection (2), while the delegation is in force, has all the powers conferred on the National Recovery Manager by this Act.
(5)
The Director-General may exercise the power of delegation at any time, whether or not a national transition period is in force or is imminent.
(6)
Section 24 applies to an exercise of the power of delegation under subsection (2) or by a person appointed under subsection (7).
(7)
If a delegation has been made to a person under subsection (2),—
(a)
the Director-General may also appoint 1 or more suitably qualified and experienced persons to act in the role of the delegate in the event that the delegate is absent from duty; and
(b)
during the delegate’s absence, the person or persons may perform or exercise the functions, duties, or powers of the delegate, including the powers conferred on the National Recovery Manager by this Act.
(8)
See also section 178, which authorises the National Recovery Manager to require information.
22 Person authorised by National Recovery Manager
(1)
The National Recovery Manager may authorise a suitably qualified and experienced person to perform or exercise the functions, duties, or powers of the National Recovery Manager (including any functions and powers delegated under section 21(2) and the powers conferred on the National Recovery Manager by this Act).
(2)
If a person is authorised under subsection (1), the National Recovery Manager remains responsible and accountable under this Act for the performance or exercise of the functions, duties, or powers of the role.
Delegation by Director-General
23 Delegation of powers of Director-General
(1)
The Director-General may, in writing, either generally or particularly, delegate to any public service employee (within the meaning of section 65 of the Public Service Act 2020) all or any of the functions, duties, and powers that the Director-General may perform or exercise under this Act, except this power of delegation and the powers under sections 19(2) and 21(2).
(2)
A delegation under this section may be made to a specified employee or to employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.
(3)
Section 24 applies to an exercise of the power of delegation under this section.
(4)
This section—
(a)
does not limit the Director-General’s power to delegate to a National Controller under section 19(2) or to a National Recovery Manager under section 21(2); and
(b)
must not be used to delegate any or all of the functions and powers of the Director-General that have been delegated to a National Controller under section 19(2) or a National Recovery Manager under section 21(2).
Compare: 2002 No 33 s 105(1), (4), (7)
24 Provisions relating to delegation of Director-General’s functions
(1)
A person purporting to act under any delegation under section 19, 21, or 23 is presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
(2)
A delegation under any of those sections—
(a)
may be revoked in writing at will:
(b)
continues according to its tenor until it is revoked, despite any change in the person holding office as Director-General.
(3)
If a delegation is in force under section 19(2) or 21(2), the Director-General must not perform any function or exercise any power that has been delegated under that section.
(4)
A delegation under section 23 does not prevent the Director-General from performing or exercising any function, duty, or power.
(5)
A delegate may perform or exercise the delegated functions or powers in the same manner and with the same effect as if they had been conferred directly and not by delegation, except to the extent that any general or special directions given or conditions attached by the Director-General apply.
(6)
A person to whom functions, duties, and powers are delegated under any of those sections is not, just because of the delegation, to be treated as employed in the service of the Crown for the purposes of—
(a)
the Public Service Act 2020; or
Compare: 2002 No 33 ss 11(5), 11B(5), 105(2), (3), (5), (6)
Subpart 2—Regional role-holders
Emergency Management Committees
25 Emergency Management Committees
(1)
Civil Defence Emergency Management Groups in existence under the Civil Defence Emergency Management Act 2002 immediately before the commencement of this Act continue in existence as Emergency Management Committees in accordance with clauses 9(1)(a) and (b) and 11 of Schedule 1.
(2)
Clause 30(5) or (7) of Schedule 7 of the Local Government Act 2002 (which provides for the discharge and reconstitution of local authority committees) does not apply to an Emergency Management Committee maintained for the purposes of this Act.
Compare: 2002 No 33 s 12
26 Members of Emergency Management Committees
(1)
Each local authority must be a member of an Emergency Management Committee, unless it is a unitary authority that is a unitary authority Emergency Management Committee (see section 27(6)).
(2)
No Committee (other than a Committee to which subsection (3) applies) may have more than 1 regional council as a member unless a merger has been approved under section 38.
(3)
Unitary authorities that border one another may be members of the same Committee.
(4)
If, as a result of a local government reorganisation described in section 39(1),—
(a)
a territorial authority’s district is completely within the region of a regional council, the territorial authority must be a member of the Committee of which the regional council is a member:
(b)
a territorial authority’s district is within the region of more than 1 regional council (see section 39), the territorial authority must be a member of 1 of the Committees of which one of those regional councils is a member.
(5)
Despite section 22 of the Local Government Act 2002, the Minister (within the meaning of section 5(1) of that Act) is not required to be a member of a Committee.
Compare: 2002 No 33 ss 13(1)–(3), 14
27 Multi-member and unitary authority Emergency Management Committees
(1)
An Emergency Management Committee is either a multi-member Emergency Management Committee or a unitary authority Emergency Management Committee.
(2)
A multi-member Emergency Management Committee is an Emergency Management Committee made up of—
(a)
a regional council and the territorial authorities within the same region; or
(b)
a unitary authority together with either or both of the following:
(i)
1 or more other unitary authorities whose districts border the unitary authority:
(ii)
a regional council whose region borders that of the unitary authority and the territorial authorities within that region.
(3)
In addition, a multi-member Emergency Management Committee may appoint 1 or more associate members.
(4)
A multi-member Emergency Management Committee is a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.
(5)
A unitary authority Emergency Management Committee is an Emergency Management Committee made up of a single unitary authority.
(6)
If a unitary authority is a unitary authority Emergency Management Committee, the unitary authority is the Emergency Management Committee (rather than a member of the Emergency Management Committee) for the purposes of this Act.
(7)
A unitary authority Emergency Management Committee must appoint a committee under clause 30(1)(a) of Schedule 7 of the Local Government Act 2002 to perform and exercise its functions, duties, and powers as an Emergency Management Committee under this Act.
(8)
See clause 31 of Schedule 7 of the Local Government Act 2002, under which a unitary authority may appoint persons who are not elected members of a local authority to the committee appointed under clause 30(1)(a) of that schedule.
28 Representation on multi-member Emergency Management Committees
Each local authority member of a multi-member Emergency Management Committee must be represented on the Committee by 1 person, being—
(a)
the mayor or chairperson of that local authority; or
(b)
an elected person from that local authority who has delegated authority to represent the local authority.
Compare: 2002 No 33 s 13(4)
29 Functions of multi-member Emergency Management Committees
(1)
The functions of a multi-member Emergency Management Committee are to—
(a)
do the following in relation to hazards and risks within the Committee’s area:
(i)
take the lead in identifying and assessing those hazards and risks:
(ii)
co-ordinate the management of those hazards and risks:
(iii)
identify and implement cost-effective risk reduction:
(iv)
assist each local authority member of the Committee to—
(A)
identify and assess those hazards and risks relevant to that member:
(B)
consult and communicate with the communities within that member’s region or district about those hazards and risks:
(b)
ensure that suitably trained and competent personnel, including volunteers, are available and that there is an appropriate organisational structure for those personnel for effective emergency management in its area:
(c)
respond to and manage the adverse effects of emergencies in its area:
(d)
in advance of an emergency, plan for recovery activities in its area:
(e)
in the event of an emergency, carry out recovery activities in its area:
(f)
when requested, assist other Committees with emergency management in their areas (having regard to the competing demands for emergency management within the Committee’s own area and any requests for assistance from other Committees):
(g)
within its area, promote and raise public awareness of, and compliance with, this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2):
(h)
monitor and report on compliance within its area with this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2):
(i)
develop, approve, implement, and monitor a regional emergency management plan and regularly review the plan:
(j)
participate in the development of the national emergency management strategy and the national emergency management plan (including any revisions to, or replacements for, those instruments):
(k)
promote emergency management in its area that is consistent with the purpose of this Act.
(2)
A multi-member Emergency Management Committee also has any other functions that are conferred or imposed under this Act or any other enactment.
Compare: 2002 No 33 s 17
30 Functions of unitary authority Emergency Management Committees
(1)
A unitary authority Emergency Management Committee must plan and provide for emergency management within its area.
(2)
The functions of the Committee are to—
(a)
do the following in relation to hazards and risks within its area:
(i)
identify and assess those hazards and risks:
(ii)
manage those hazards and risks:
(iii)
identify and implement cost-effective risk reduction:
(iv)
consult and communicate with the communities within the area about those hazards and risks:
(b)
ensure that suitably trained and competent personnel, including volunteers, are available and there is an appropriate organisational structure for those personnel for effective emergency management in its area:
(c)
take all steps necessary or desirable to maintain and provide, or to arrange the provision of, or otherwise to make available, material, services, information, and any other resources for effective emergency management:
(d)
respond to and manage the adverse effects of emergencies in its area:
(e)
in advance of an emergency, plan for recovery activities in its area:
(f)
in the event of an emergency, carry out recovery activities in its area:
(g)
when requested, assist other Committees with emergency management in their areas (having regard to the competing demands for emergency management within the Committee’s own area and any requests for assistance from other Committees):
(h)
within its area, promote and raise public awareness of, and compliance with, this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2):
(i)
monitor and report on compliance within its area with this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2):
(j)
develop, approve, implement, and monitor a regional emergency management plan and regularly review the plan:
(k)
participate in the development of the national emergency management strategy and the national emergency management plan (including any revisions to, or replacements for, those instruments):
(l)
promote emergency management in its area that is consistent with the purpose of this Act.
(3)
A unitary authority Emergency Management Committee also has any other functions that are conferred or imposed on a Committee under this Act or any other enactment.
Compare: 2002 No 33 s 17
31 General powers of Emergency Management Committees
(1)
An Emergency Management Committee has all the powers that are reasonably necessary or expedient to enable it to perform its functions and duties, including the power to delegate any of its functions, duties, or powers to local authority members of the Committee, the Regional Controller, the Regional Recovery Manager, or any other persons.
(2)
Those powers include, without limitation, the power to—
(a)
recruit and train volunteers for emergency management tasks:
(b)
conduct emergency management training exercises, practices, and rehearsals:
(c)
issue and control the use of signs, badges, insignia, and identification passes authorised under this Act:
(d)
provide, maintain, control, and operate warning systems:
(e)
provide communications, equipment, accommodation, and facilities for the performance and exercise of the Committee’s functions, duties, and powers during an emergency:
(f)
authorise a person to act as an office holder for the purposes of section 144 (which relates to applications for warrants to obtain information):
(g)
in the case of a multi-member Emergency Management Committee, remunerate an associate member of the Committee for the cost of that person’s participation in the Committee:
(h)
perform any other function that is necessary to give effect to any emergency management plan.
(3)
See also section 178, which authorises an Emergency Management Committee to require information.
Compare: 2002 No 33 s 18
32 Powers and duties of local authority members of multi-member Emergency Management Committees
Each local authority member of a multi-member Emergency Management Committee—
(a)
may acquire, hold, and dispose of real or personal property for the use of the Committee; and
(b)
may remunerate its representative for the cost of that person’s participation in the Committee; and
(c)
must provide to the Committee the information or reports that may be required by the Committee; and
(d)
must pay the costs of administrative and related services in accordance with section 41; and
(e)
must pay the costs, or a share of the costs, of any emergency management activity that the member has agreed to pay; and
(f)
may carry out any other functions or duties conferred on a member of a Committee under this Act.
Compare: 2002 No 33 s 16
33 Certain powers of multi-member Emergency Management Committees not to be exercised by associate members
(1)
This section applies to a multi-member Emergency Management Committee that includes 1 or more associate members.
(2)
In any vote of the Committee that relates to the exercise of a power set out in section 132(1), the associate members must be treated as non-voting members of the Committee.
34 Emergency Management Committees must act consistently with national emergency management strategy
In performing or exercising its functions, duties, and powers under this Act, an Emergency Management Committee must act consistently with the national emergency management strategy made under section 83.
Compare: 2002 No 33 s 37(1)
35 Appointment of chairperson and deputy chairperson
(1)
Each multi-member Emergency Management Committee may appoint a chairperson and a deputy chairperson from the representatives of its local authority members.
(2)
A person appointed as chairperson or deputy chairperson—
(a)
holds office for the period agreed by the Committee at the time of the appointment; but
(b)
ceases to hold office if that person ceases to be a representative of a local authority member of the Committee.
(3)
See clause 26 of Schedule 7 of the Local Government Act 2002, which—
(a)
applies in relation to chairpersons and deputy chairpersons of the committees referred to in section 27(7); and
(b)
includes further provisions that apply in relation to chairpersons and deputy chairpersons of multi-member Emergency Management Committees.
Compare: 2002 No 33 s 15
36 Standing orders applicable at meetings of multi-member Emergency Management Committees
(1)
At the meetings of a multi-member Emergency Management Committee, the Committee must follow the standing orders that have been adopted under clause 27 of Schedule 7 of the Local Government Act 2002 by the local authority that is the Committee’s administering authority.
(2)
However, the Committee may adopt other standing orders if three-quarters of the representatives of the local authority members of the Committee present at a meeting of the Committee agree.
(3)
The standing orders adopted in accordance with subsection (2) must not contravene the provisions of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other enactment.
(4)
See also clause 27 of Schedule 7 of the Local Government Act 2002, which applies in relation to standing orders for the committees referred to in section 27(7).
Compare: 2002 No 33 s 19
37 Attendance at Emergency Management Committee meetings by audio link or audiovisual link
(1)
This section applies when—
(a)
a member of a multi-member Emergency Management Committee attends any meeting of the Committee; and
(b)
in the case of a unitary authority Emergency Management Committee, a member of a committee referred to in section 27(7) attends a meeting of that committee.
(2)
A member referred to in subsection (1) may attend any meeting by means of audio link or audiovisual link unless lawfully excluded.
(3)
The member may attend by means of audio link or audiovisual link despite—
(a)
clauses 25A(1) and (4) and 27(5)(a) of Schedule 7 of the Local Government Act 2002; and
(b)
any limitation or condition on the use of an audio link or audiovisual link, or other contrary provision, that is contained in any standing orders that apply to the meeting (including all of the standing orders that apply under section 36).
(4)
A member who attends a meeting by means of audio link or audiovisual link in accordance with this section must be counted as present for the purposes of clauses 23 and 30A of Schedule 7 of the Local Government Act 2002.
38 Mergers of Emergency Management Committees
(1)
The Minister may approve the merger of any 2 or more Emergency Management Committees.
(2)
A proposal for a merger under this section must be submitted to the Minister in writing and must include the following information:
(a)
the Emergency Management Committees that will be merged to establish the proposed Committee:
(b)
the local authorities that will be members of the proposed Committee:
(c)
the apportionment between the local authorities of liability for the provision of financial and other resources for the activities of the proposed Committee before the making of a regional emergency management plan, and the basis for that apportionment:
(d)
which local authority will be the administering authority.
Compare: 2002 No 33 s 21
39 Membership rules in event of local government reorganisations
(1)
This section applies to local authorities affected by a local government reorganisation that—
(a)
creates new regional councils or unitary authorities; or
(b)
redraws boundaries of regions between—
(i)
2 or more regional councils or unitary authorities; or
(ii)
2 or more of a combination of both regional councils and unitary authorities; or
(c)
extends the district of a territorial authority into the region of another regional council.
(2)
If this section applies,—
(a)
each affected regional council or unitary authority must establish or re-establish, as the case may be, an Emergency Management Committee within 6 months of the effective date of its reorganisation:
(b)
each territorial authority whose district is completely within the region or district of the affected regional council must be a member of the Committee of which that regional council is a member:
(c)
each territorial authority whose district is in the region of 2 or more affected regional councils must, after consulting the relevant regional councils, join 1 Committee that has at least 1 of those regional councils as a member:
(d)
each territorial authority whose district is extended into the region of another regional council must, after consulting the relevant regional councils, join 1 Committee that has at least 1 of those regional councils as a member.
(3)
A territorial authority’s decision to join a particular Committee under subsection (2)(c) or (d) is irrevocable, and must be made within 2 months of the establishment of the Committee.
(4)
If a territorial authority’s decision under subsection (2)(c) or (d) is not made before the expiry of the time limit in subsection (3), the Minister must direct the territorial authority to join one of the relevant Committees.
(5)
A territorial authority that is subject to a ministerial direction under subsection (4) must comply with that direction.
Compare: 2002 No 33 s 22
Administering authorities of multi-member Emergency Management Committees
40 Administering authorities
(1)
The administering authority for each multi-member Emergency Management Committee is a regional council or unitary authority that is a member of the Committee.
(2)
If a Committee has both a regional council and a unitary authority as members, the regional council must be the administering authority for that Committee.
(3)
Subsections (4) to (7) apply to a Committee that has—
(a)
2 or more regional councils as members; or
(b)
2 or more unitary authorities as members.
(4)
Within 2 months of the date on which the Committee is established, the local authority members must reach an agreement to appoint one of the regional councils or unitary authorities as the administering authority for that Committee.
(5)
If the local authority members fail to reach an agreement, the Minister must—
(a)
appoint one of the regional councils or unitary authorities as the administering authority; or
(b)
direct one, some, or all of the regional councils or unitary authorities to establish their own Committee.
(6)
A regional council or unitary authority that is subject to a ministerial direction under subsection (5)(b) must comply with that direction.
(7)
The local authority members may change the administering authority for their Committee only if the Minister approves, in writing, an application from those members to change the administering authority for their Committee.
Compare: 2002 No 33 s 23
41 Functions and costs of administering authorities and chief executives of administering authorities
(1)
An administering authority for an Emergency Management Committee and, as appropriate, the chief executive of that authority are responsible for providing administrative and related services that may from time to time be required by the Committee.
(2)
The administrative and related services referred to in subsection (1) include services required for the purposes of this Act, the Local Government Act 2002, or any other enactment that applies to the conduct of a joint committee under clause 30(1)(b) of Schedule 7 of that Act.
(3)
The cost of the administrative and related services must be agreed from time to time by the Committee.
(4)
Unless the local authority members of the Committee agree otherwise, each local authority member of the Committee must pay an equal share of the costs agreed under subsection (3).
Compare: 2002 No 33 s 24
Emergency Management Co-ordinating Executive Groups
42 Appointment of Emergency Management Co-ordinating Executive Group
(1)
An Emergency Management Committee must appoint and maintain an Emergency Management Co-ordinating Executive Group.
(2)
The membership of each Committee’s Co-ordinating Executive Group must consist of—
(a)
the chief executive, or a person acting on behalf of the chief executive, of,—
(i)
in the case of a multi-member Emergency Management Committee, each local authority member of the Emergency Management Committee:
(ii)
in the case of a unitary authority Emergency Management Committee, the unitary authority; and
(b)
a senior Police employee who is assigned for the purpose by the Commissioner of Police; and
(c)
a senior employee, volunteer, or contractor of Fire and Emergency New Zealand who is assigned for the purpose by the board of Fire and Emergency New Zealand; and
(d)
the chief executive or a senior officer of an emergency ambulance service operating in the area; and
(e)
the chief executive or a senior member of a provider of health services operating in the area; and
(f)
1 or more persons with understanding of—
(i)
local perspectives of Māori and Māori communities in the area (including iwi and hapū, but not necessarily representing a particular iwi or hapū); and
(ii)
their interests and values, including mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture); and
(g)
1 or more persons with knowledge, experience, or expertise regarding the interests and needs of rural communities in the area.
(3)
In addition, an Emergency Management Committee may co-opt any other person to be a member of the Co-ordinating Executive Group.
(4)
An Emergency Management Committee must consider co-opting to the Co-ordinating Executive Group 1 or more persons who, in the opinion of the Committee, have knowledge of the interests of communities related to emergency management in the area that will assist the Co-ordinating Executive Group to fulfil its role under section 43.
Compare: 2002 No 33 s 20
43 Role of Emergency Management Co-ordinating Executive Group
An Emergency Management Co-ordinating Executive Group is responsible to the Emergency Management Committee for—
(a)
providing advice to the Emergency Management Committee and any subgroups or subcommittees of the Committee (including, in the case of a unitary authority Emergency Management Committee, the committee referred to in section 27(7)):
(b)
implementing, as appropriate, the decisions of the Emergency Management Committee:
(c)
overseeing the implementation, development, maintenance, monitoring, and evaluation of the regional emergency management plan.
Compare: 2002 No 33 s 20(2)
44 Provision of support to certain members of Emergency Management Co-ordinating Executive
An Emergency Management Committee must ensure that each of the following persons in its Emergency Management Co-ordinating Executive Group has the resources, information, and administrative support necessary to enable them to effectively perform their role as a member of the Co-ordinating Executive Group:
(a)
a member appointed under section 42(2)(f):
(b)
a member appointed under section 42(2)(g):
(c)
a person co-opted for the purposes of section 42(4).
Local authorities
45 Role of local authority members of multi-member Emergency Management Committees
(1)
A local authority that is a member of a multi-member Emergency Management Committee must plan and provide for emergency management within its region or district.
(2)
In carrying out that obligation, the role of each local authority is to—
(a)
do, in relation to hazards and risks within its region or district, the following:
(i)
identify and assess those hazards and risks:
(ii)
report to the Committee on the identification and assessment of hazards and risks:
(iii)
manage those hazards and risks:
(iv)
identify how to reduce risks and implement cost-effective risk reduction:
(v)
consult and communicate with the communities within that region or district about those hazards and risks:
(b)
arrange for the provision of suitably trained and competent personnel, including volunteers, and an appropriate organisation structure for those personnel for effective emergency management:
(c)
take all steps necessary or desirable to maintain and provide, or to arrange the provision of, or otherwise to make available, material, services, information, and any other resources for effective emergency management:
(d)
respond to and manage the adverse effects of emergencies in its region or district:
(e)
in advance of an emergency, plan for recovery activities in its region or district:
(f)
in the event of an emergency, carry out recovery activities in its region or district:
(g)
when requested, assist other local authorities with emergency management in their regions or districts as appropriate (having regard to the competing emergency management demands within the authority’s own region or district and any other requests for assistance from other local authorities):
(h)
within its region or district, promote and raise public awareness of, and compliance with, this Act, and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2):
(i)
monitor and report to the Committee on compliance within its region or district with this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2):
(j)
do, in relation to a regional emergency management plan of the Committee, the following:
(i)
assist with developing and reviewing the plan:
(ii)
implement the relevant aspects of the plan:
(k)
participate in developing the national emergency management strategy and the national emergency management plan:
(l)
promote emergency management in its region or district that is consistent with the purpose of this Act.
(3)
A local authority that is a member of a multi-member Emergency Management Committee also has any other functions that are conferred or imposed on a Committee under this Act or any other enactment.
(4)
See section 30 for the functions of a unitary authority that is a unitary authority Emergency Management Committee.
Compare: 2002 No 33 s 64
46 Duty of local authorities to continue to function during and after emergency
A local authority must ensure that it is able to continue to function, to the fullest possible extent, during and after an emergency, even though this may be at a reduced level.
Compare: 2002 No 33 s 64(2)
47 Interaction between emergency management responsibilities and functions, duties, and powers of local authorities under relevant legislation
Responsibilities may be met through activities under relevant legislation
(1)
A local authority may meet any of the responsibilities or duties it has under this Act in the course of performing or exercising its functions, duties, or powers under relevant legislation.
(2)
A multi-member Emergency Management Committee may meet any of the responsibilities or duties it has under this Act in the course of its local authority members performing or exercising the functions, duties, or powers of those members under relevant legislation.
Duty to consider meeting responsibilities through activities under relevant legislation
(3)
A local authority must consider, to the extent relevant, whether performing or exercising its functions, duties, or powers under relevant legislation would enable it to meet, or would contribute to it meeting, the responsibilities or duties it has under this Act.
(4)
A multi-member Emergency Management Committee must consider, to the extent relevant, whether its local authority members performing or exercising the functions, duties, or powers of those members under relevant legislation would enable the Committee to meet, or would contribute to the Committee meeting, its responsibilities and duties under this Act.
Application to local authorities
(5)
Subsections (1) and (3) apply to the following local authorities:
(a)
a local authority member of a multi-member Emergency Management Committee:
(b)
a unitary authority that is a unitary authority Emergency Management Committee.
48 Power of chief executives of territorial authorities to co-ordinate use of resources
(1)
This section applies to a territorial authority (including a unitary authority) if no state of emergency or transition period is in force for the territorial authority’s district.
(2)
The chief executive of the territorial authority may co-ordinate the use of the personnel, material, information, and other resources made available for the purposes of this Act.
(3)
The chief executive may delegate the role in subsection (2) to any person, regardless of whether they are an employee of the relevant local authority.
(4)
The chief executive who delegates the role in subsection (2) remains responsible and accountable under this Act for the performance of the role.
Authority for payment of expenses
49 Costs incurred by local authorities or water organisations in connection with emergency may be reimbursed or paid
(1)
This section applies to costs that—
(a)
are incurred by a local authority or a water organisation—
(i)
in connection with an emergency; and
(ii)
in respect of emergency management; and
(b)
meet the criteria for being reimbursed or paid in a Government policy that was in force before the emergency occurred.
(2)
Expenses may be incurred, without further appropriation than this section,—
(a)
to reimburse the local authority or the water organisation for those costs; or
(b)
to pay public money to meet those costs.
(3)
In this section, water organisation has the same meaning as in section 4 of the Local Government (Water Services) Act 2025.
Compare: 2002 No 33 s 115A
Emergency management functions and duties for offshore islands
50 Identification of offshore islands requiring emergency management
(1)
The Minister of Local Government must, by notice,—
(a)
identify every offshore island that the Minister of Local Government considers requires emergency management under this Act; and
(b)
for each island identified, assign an Emergency Management Committee to have joint responsibility with the Minister of Local Government for the island’s emergency management.
(2)
In this section and section 51, offshore island means a part of New Zealand for which the Minister of Local Government is the territorial authority in accordance with section 22 of the Local Government Act 2002.
(3)
A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must notify it in the Gazette | LA19 ss 73, 74(1)(a), Sch 1 cl 14 | ||
| Presentation | The Minister of Local Government must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
51 Joint responsibility of Minister of Local Government and Emergency Management Committee for emergency management of offshore islands
(1)
For each offshore island identified by notice under section 50, the Minister of Local Government and the responsible Emergency Management Committee must together carry out in respect of the offshore island the functions and duties set out in subsection (2).
(2)
The functions and duties are to—
(a)
do, in relation to hazards and risks of the offshore island, the following:
(i)
identify and assess those hazards and risks:
(ii)
manage those hazards and risks:
(iii)
identify how to reduce risks and implement cost-effective risk reduction:
(iv)
consult and communicate with the communities within the offshore island about those hazards and risks:
(b)
take all steps necessary to maintain and provide, or to arrange the provision of, or to otherwise make available material, services, information, and any other resources for effective emergency management:
(c)
respond to and manage the adverse effects of emergencies on the offshore island:
(d)
in advance of an emergency, plan for recovery activities on the offshore island:
(e)
in the event of an emergency, carry out recovery activities on the offshore island:
(f)
on the offshore island, promote and raise public awareness of, and compliance with, this Act and legislative provisions relevant to the purpose of this Act:
(g)
promote emergency management on the offshore island that is consistent with the purpose of this Act.
(3)
In this section and section 52, responsible Emergency Management Committee means, in respect of an offshore island identified by notice under section 50, the Emergency Management Committee assigned by that notice to have joint responsibility for that offshore island.
52 Agreements regarding joint responsibility for offshore islands
(1)
Within a reasonable time after an offshore island is identified by notice under section 50, the Minister of Local Government and the responsible Emergency Management Committee must enter into an agreement that sets out how the functions and duties specified in section 51(2) will be performed in relation to that offshore island.
(2)
The parties to an agreement—
(a)
must review the agreement in full at least once every 5 years; and
(b)
may at any time review the agreement or part of it.
(3)
Following a review under subsection (2), the parties may—
(a)
amend the agreement; or
(b)
revoke and replace the agreement; or
(c)
decide to retain the agreement in its current form.
(4)
The parties must consult iwi and hapū with an interest in the offshore island before—
(a)
entering into an agreement; or
(b)
taking an action under subsection (3) following a review under subsection (2)(a); or
(c)
taking an action under subsection (3) that would alter the agreement following a review under subsection (2)(b).
(5)
The parties may agree to make minor or technical amendments to the agreement without consultation under subsection (4).
Persons authorised to make local emergency declarations
53 Persons authorised to make local emergency declarations: whole area, multiple districts, or multiple wards from within different districts
(1)
An Emergency Management Committee must appoint—
(a)
at least 1 person as a person authorised to declare a state of local emergency; and
(b)
at least 1 person as a person authorised to declare a local transition period.
(2)
An appointed person may be authorised to make a declaration that covers 1 or more of the following:
(a)
the whole of the Emergency Management Committee’s area:
(b)
2 or more districts within the area:
(c)
2 or more wards within the area if those wards are within more than 1 district.
(3)
The Committee must ensure that at least 1 person is appointed to make a declaration in relation to the whole area.
(4)
An appointed person must be chosen from the representatives of the local authority members of the Committee (or from the representatives of the unitary authority in the case of a unitary authority Emergency Management Committee).
(5)
The instrument of appointment must state—
(a)
whether the appointed persons have equal status to make an emergency declaration, or whether any of the appointed persons is authorised to act only in the absence of another named person; and
(b)
any other conditions or limitations.
(6)
If no appointed person is, or is likely to be, able to exercise the power in subsection (1)(a) or (b), any representative of the local authority members of the Committee may exercise the power.
(7)
In subsection (6), representative includes a mayor-elect of a local authority who is authorised under section 55 to act under subsection (6) as if they were the local authority’s representative.
Compare: 2002 No 33 s 25
54 Persons authorised to make local emergency declarations: individual districts and wards within districts
(1)
Subsection (2) applies to the mayor of a territorial authority, or an elected member of the territorial authority who is designated to act on behalf of the mayor if the mayor is absent.
(2)
The mayor or designated elected member may declare a state of local emergency or a local transition period that covers either of the following:
(a)
the district of the territorial authority:
(b)
1 or more wards within that district.
(3)
If at any time it appears to the Emergency Management Committee of the relevant district that an emergency has occurred or may occur and the power in subsection (2) has not been exercised, a representative of a local authority member of the Committee (or a representative of the unitary authority in the case of a unitary authority Emergency Management Committee) for that area or district may exercise the power.
(4)
In this section, mayor includes a mayor-elect of a local authority who is authorised under section 55 to act under this section as if they were the mayor.
Compare: 2002 No 33 s 25(5)
55 Mayor-elect authorised to make local emergency declarations
(1)
A mayor-elect of a local authority who makes both of the declarations set out in subsection (2) is authorised for the following purposes:
(a)
to act as a representative of the local authority under section 53(6):
(b)
to act as mayor under section 54.
(2)
The required declarations are—
(a)
an oral declaration in the form prescribed in the rules; and
(b)
a written version of the declaration that is attested as provided under subclause (3).
(3)
The written declaration must be signed by the mayor-elect and witnessed by—
(a)
the chief executive of the local authority; or
(b)
in the absence of the chief executive, some other officer appointed by the chief executive.
(4)
An authorisation under this section ceases to have effect on the earlier of the following:
(a)
the date that is 21 days after the date the declarations under subsection (2) were made:
(5)
In this Act, mayor-elect means a person—
(a)
who has come into office as the mayor of a local authority after being declared to be elected in accordance with sections 86 and 115 of the Local Electoral Act 2001; but
Appointment of Regional Controllers, District Controllers, and Local Controllers
56 Appointment of Regional Controllers for multi-member Emergency Management Committees
Appointment of Regional Controller and person to act in Regional Controller’s role
(1)
This section provides for the appointment of the Regional Controller, and persons who may act in the role of the Regional Controller when needed, for a multi-member Emergency Management Committee.
(2)
A multi-member Emergency Management Committee must appoint—
(a)
a suitably qualified and experienced person to be the Regional Controller for its area; and
(b)
at least 1 suitably qualified and experienced person to act in the role of the Regional Controller for the duration of any vacancy in the office or absence from duty of the Regional Controller.
Delegation of authority to remove and replace Regional Controller during emergency
(3)
At any time, the Committee may delegate the authority under section 60(4) to remove and replace the Regional Controller during a state of emergency in the Committee’s area with a person appointed under subsection (2)(b).
(4)
A delegation under subsection (3)—
(a)
must be to 1 or more of the representatives who are authorised under section 53(1)(a) to declare a state of emergency for the whole of that Committee’s area; and
(b)
may impose conditions or limitations on the use of the authority delegated under paragraph (a).
Compare: 2002 No 33 s 26
57 Appointment of District Controllers for multi-member Emergency Management Committees
Appointment of District Controller
(1)
This section provides for the appointment of the District Controller, and persons who may act in the role of the District Controller when needed, for each territorial authority that is a member of a multi-member Emergency Management Committee.
(2)
If the Emergency Management Committee considers that the chief executive of a territorial authority is a suitably qualified and experienced person to be the District Controller for the territorial authority’s district, the Committee may appoint the chief executive as District Controller for the district.
(3)
If the chief executive is not appointed under subsection (2), the chief executive must appoint a suitably qualified and experienced person to be a District Controller for the district.
Appointment of person to act in District Controller’s role
(4)
The chief executive of each territorial authority must appoint at least 1 suitably qualified and experienced person to act in the role of the District Controller for the district of the territorial authority for the duration of any vacancy in the office or absence from duty of the District Controller.
Compare: 2002 No 33 s 27
58 Appointment of Regional Controllers for unitary authority Emergency Management Committees
Appointment of Regional Controller
(1)
This section provides for the appointment of the Regional Controller, and persons who may act in the role of the Regional Controller when needed, for a unitary authority Emergency Management Committee.
(2)
If the Emergency Management Committee considers that the chief executive of the unitary authority is a suitably qualified and experienced person to be the Regional Controller for the Committee’s area, the Committee may appoint the chief executive as the Regional Controller for the area.
(3)
If the chief executive is not appointed under subsection (2), the chief executive must appoint a suitably qualified and experienced person to be a Regional Controller for the area.
Appointment of person to act in Regional Controller’s role
(4)
The chief executive must appoint at least 1 suitably qualified and experienced person to act in the role of the Regional Controller for the area for the duration of any vacancy in the office or absence from duty of the Regional Controller.
Compare: 2002 No 33 s 26
59 Appointment of Local Controllers for unitary authority Emergency Management Committees
(1)
This section provides for the appointment of Local Controllers for a unitary authority Emergency Management Committee.
(2)
The chief executive of the unitary authority may appoint 1 or more suitably qualified and experienced persons to be a Local Controller in respect of the district.
Compare: 2002 No 33 s 27
60 Provisions applying generally to appointments and removals of Regional Controllers, District Controllers, and Local Controllers
(1)
This section applies in respect of an appointment under sections 56 to 59 of a person as a Regional Controller, a District Controller, or a Local Controller, or to act in the role of a Regional Controller, a District Controller, or a Local Controller.
(2)
Any person may be appointed to the position, regardless of whether they are an employee of the relevant territorial authority.
(3)
An appointment—
(a)
may be by name or by reference to the holder of an office; and
(b)
may be made at any time, regardless of whether a state of emergency or transition period is in force.
(4)
The Emergency Management Committee, or chief executive, that made the appointment may, at any time, remove from office or replace the person appointed.
(5)
A person acting in the role of a Regional Controller, a District Controller, or a Local Controller may perform or exercise the functions, duties, and powers of that Controller under this Act in respect of the area, district, or region for which the Controller was appointed.
Role of Regional Controllers, District Controllers, and Local Controllers
61 Role of Regional Controllers
(1)
Subsection (2) applies to a Regional Controller for an Emergency Management Committee during a state of emergency in the Committee’s area.
(2)
The Regional Controller must direct and co-ordinate the use of the personnel, material, information, services, and other resources made available for the Committee’s area by government agencies, Emergency Management Committees, and other persons for the purposes of this Act.
(3)
At any time, the Regional Controller—
(a)
must perform any functions or duties delegated to the Regional Controller by the Committee or conferred on Regional Controllers by this Act or any other enactment; and
(b)
may exercise any power conferred on the Regional Controller by delegation under this Act; and
(c)
may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that Regional Controller, including the power to authorise another person to perform or exercise that function, duty, or power.
(4)
A Regional Controller who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power.
Compare: 2002 No 33 s 28
62 Role of District Controllers
(1)
This section applies to District Controllers appointed under section 57 in relation to a territorial authority’s district.
(2)
During a state of emergency that covers the district for which the District Controller is appointed, the District Controller must direct and co-ordinate the use of the personnel, material, information, and other resources made available for the purposes of this Act.
(3)
At any time, the District Controller—
(a)
must perform any functions or duties delegated to the District Controller by the Emergency Management Committee or conferred on District Controllers by this Act or any other enactment; and
(b)
may exercise any power conferred on the District Controller by delegation under this Act; and
(c)
may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that District Controller, including the power to authorise another person to perform or exercise that function, duty, or power.
(4)
A District Controller who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power.
(5)
A District Controller must follow any directions given by the Regional Controller during a state of emergency.
(6)
Subsection (5) overrides subsection (3)(a).
Compare: 2002 No 33 s 28
63 Role of Local Controllers
(1)
This section applies to a Local Controller appointed under section 59 for a unitary authority Emergency Management Committee.
(2)
The chief executive of the unitary authority may direct the Local Controller to—
(a)
perform any of the functions and duties of, or delegated to, the Regional Controller of that Committee; and
(b)
exercise any of the powers of Controllers in the area for which the Regional Controller is appointed, including, without limitation, the emergency powers in subpart 2 of Part 4.
(3)
The Local Controller must follow any directions given by the Regional Controller during a state of emergency.
(4)
Subsection (3) overrides subsection (2).
(5)
The Local Controller—
(a)
must also perform any functions or duties delegated to the Local Controller by the Emergency Management Committee or conferred on Local Controllers by this Act or any other enactment; and
(b)
may exercise any power conferred on the Local Controller by delegation under this Act.
(6)
The Local Controller may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that Local Controller, including the power to authorise another person to perform or exercise that function, duty, or power.
(7)
A Local Controller who authorises a person under subsection (6) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power.
64 Duty of Controllers to exercise powers consistently with national priorities
(1)
This section applies to the following persons:
(a)
a Regional Controller:
(b)
a person authorised by a Regional Controller under section 61(3)(c):
(c)
a District Controller:
(d)
a person authorised by a District Controller under section 62(3)(c):
(e)
a Local Controller:
(f)
a person authorised by a Local Controller under section 63(6).
(2)
The person must exercise any power conferred on them by this Act during any state of national emergency or national transition period consistently with the priorities for the use of resources and services that have been determined by the Director-General, National Controller, or National Recovery Manager.
Appointment of Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers
65 Appointment of Regional Recovery Managers for multi-member Emergency Management Committees
Appointment of Regional Recovery Manager and person to act in Regional Recovery Manager’s role
(1)
This section provides for the appointment of the Regional Recovery Manager, and persons who may act in the role of the Regional Recovery Manager when needed, for a multi-member Emergency Management Committee.
(2)
A multi-member Emergency Management Committee must appoint—
(a)
a suitably qualified and experienced person to be the Regional Recovery Manager for its area; and
(b)
at least 1 suitably qualified and experienced person to act in the role of the Regional Recovery Manager for the duration of any vacancy in the office or absence from duty of the Regional Recovery Manager.
Delegation of authority to remove and replace Regional Recovery Manager during emergency
(3)
At any time, the Committee may delegate the authority under section 69(4) to remove and replace the Regional Recovery Manager during a transition period in the Committee’s area with a person appointed under subsection (2)(b).
(4)
A delegation under subsection (3)—
(a)
must be to 1 or more of the representatives who are authorised under section 53(1)(b) to declare a transition period for the whole of that Committee’s area; and
(b)
may impose conditions or limitations on the use of the authority delegated under subsection (3).
Compare: 2002 No 33 s 29
66 Appointment of District Recovery Managers for multi-member Emergency Management Committees
Appointment of District Recovery Manager
(1)
This section provides for the appointment of the District Recovery Manager, and persons who may act in the role of the District Recovery Manager when needed, for each territorial authority that is a member of a multi-member Emergency Management Committee.
(2)
If the Emergency Management Committee considers that the chief executive of a territorial authority is a suitably qualified and experienced person to be the District Recovery Manager for the territorial authority’s district, the Committee may appoint the chief executive as District Recovery Manager for the district.
(3)
If the chief executive is not appointed under subsection (2), the chief executive of the territorial authority must appoint a suitably qualified and experienced person to be a District Recovery Manager for the district.
Appointment of person to act in District Recovery Manager’s role
(4)
The chief executive of each territorial authority must appoint at least 1 suitably qualified and experienced person to act in the role of the District Recovery Manager for the district of the territorial authority for the duration of any vacancy in the office or absence from duty of the District Recovery Manager.
Compare: 2002 No 33 s 30
67 Appointment of Regional Recovery Managers for unitary authority Emergency Management Committees
Appointment of Regional Recovery Manager
(1)
This section provides for the appointment of the Regional Recovery Manager, and persons who may act in the role of the Regional Recovery Manager when needed, for a unitary authority Emergency Management Committee.
(2)
If the Emergency Management Committee considers that the chief executive of the unitary authority is a suitably qualified and experienced person to be the Regional Recovery Manager for the Committee’s area, the Committee may appoint the chief executive as the Regional Recovery Manager for the area.
(3)
If the chief executive is not appointed under subsection (2), the chief executive of the unitary authority must appoint a suitably qualified and experienced person to be a Regional Recovery Manager for the area.
Appointment of person to act in Regional Recovery Manager’s role
(4)
The chief executive must appoint at least 1 suitably qualified and experienced person to act in the role of the Regional Recovery Manager for the area for the duration of any vacancy in the office or absence from duty of the Regional Recovery Manager.
Compare: 2002 No 33 s 29
68 Appointment of Local Recovery Managers for unitary authority Emergency Management Committees
(1)
This section provides for the appointment of Local Recovery Managers for a unitary authority Emergency Management Committee.
(2)
The chief executive of the unitary authority may appoint 1 or more suitably qualified and experienced persons to be a Local Recovery Manager in respect of the district.
Compare: 2002 No 33 s 30
69 Provisions applying generally to appointments and removals of Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers
(1)
This section applies in respect of an appointment under sections 65 to 68 of a person as a Regional Recovery Manager, a District Recovery Manager, or a Local Recovery Manager, or to act in the role of a Regional Recovery Manager, a District Recovery Manager, or a Local Recovery Manager.
(2)
Any person may be appointed to the position, regardless of whether they are an employee of the relevant territorial authority.
(3)
An appointment—
(a)
may be by name or by reference to the holder of an office; and
(b)
may be made at any time, regardless of whether a state of emergency or transition period is in force.
(4)
The Emergency Management Committee, or chief executive, that made the appointment may, at any time, remove from office or replace the person appointed.
(5)
A person acting in the role of a Regional Recovery Manager, a District Recovery Manager, or a Local Recovery Manager may perform or exercise the functions, duties, and powers of that Recovery Manager under this Act in respect of the area or district for which the Recovery Manager was appointed.
Role of Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers
70 Role of Regional Recovery Managers
(1)
Subsection (2) applies to a Regional Recovery Manager for an Emergency Management Committee during a transition period in the Committee’s area.
(2)
The Regional Recovery Manager must direct and co-ordinate the use of the personnel, material, information, services, and other resources made available for the Committee’s area by government agencies, Emergency Management Committees, and other persons for the purpose of carrying out recovery activities.
(3)
At any time, the Regional Recovery Manager—
(a)
must perform any functions or duties delegated to the Regional Recovery Manager by the Committee or conferred on Regional Recovery Managers by this Act or any other enactment; and
(b)
may exercise any power conferred on the Regional Recovery Manager by delegation under this Act; and
(c)
may authorise any suitably qualified and experienced person to perform or exercise any functions, duties, or powers of that Regional Recovery Manager, except the power to authorise another person to perform or exercise those functions, duties, and powers.
(4)
A Regional Recovery Manager who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power.
Compare: 2002 No 33 s 30A
71 Role of District Recovery Managers
(1)
This section applies to District Recovery Managers appointed under section 66 in relation to a territorial authority’s district.
(2)
During a transition period that covers the district for which a District Recovery Manager is appointed, the District Recovery Manager must direct and co-ordinate the use of the personnel, material, information, and other resources made available for the purposes of this Act.
(3)
At any time, the District Recovery Manager—
(a)
must also perform any functions or duties delegated to the District Recovery Manager by the Emergency Management Committee or conferred on the District Recovery Manager by this Act or any other enactment; and
(b)
may exercise any power conferred on the District Recovery Manager by delegation under this Act; and
(c)
may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that District Recovery Manager, except the power to authorise another person to perform or exercise that function, duty, or power.
(4)
A District Recovery Manager who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power.
(5)
A District Recovery Manager must follow any directions given by the Regional Recovery Manager during a transition period.
(6)
Subsection (5) overrides subsection (3)(a).
Compare: 2002 No 33 s 30A
72 Role of Local Recovery Managers
(1)
This section applies to a Local Recovery Manager appointed under section 68 for a unitary authority Emergency Management Committee.
(2)
The chief executive of the unitary authority may direct the Local Recovery Manager to—
(a)
perform any of the functions and duties of, or delegated to, the Regional Recovery Manager of the Committee; and
(b)
exercise any of the powers of the Regional Recovery Manager in the area for which the Regional Recovery Manager is appointed, including the emergency powers in subpart 2 of Part 4.
(3)
The Local Recovery Manager must follow any directions given by the Regional Recovery Manager during a transition period.
(4)
Subsection (3) overrides subsection (2).
(5)
The Local Recovery Manager—
(a)
must also perform any functions or duties delegated to the Local Recovery Manager by the Emergency Management Committee or conferred on the Local Recovery Manager by this Act or any other enactment; and
(b)
may exercise any power conferred on the Local Recovery Manager by delegation under this Act.
(6)
The Local Recovery Manager may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that Local Recovery Manager, except the power to authorise another person to perform or exercise that function, duty, or power.
(7)
A Local Recovery Manager who authorises a person under subsection (6) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power.
73 Duty of Recovery Managers to exercise powers consistently with national priorities
(1)
This section applies to the following persons:
(a)
a Regional Recovery Manager:
(b)
a person authorised by a Regional Recovery Manager under section 70(3)(c):
(c)
a District Recovery Manager:
(d)
a person authorised by a District Recovery Manager under section 71(3)(c):
(e)
a Local Recovery Manager:
(f)
a person authorised by a Local Recovery Manager under section 72(6).
(2)
The person must exercise any power conferred on them by this Act during any state of national emergency or national transition period consistently with the priorities for the use of resources and services that have been determined by the Director-General, National Controller, or National Recovery Manager.
Subpart 3—Other parties
Lead agencies
74 Meaning and role of lead agency
(1)
In this Act, a lead agency is a government agency that is identified in the national emergency management plan as the lead agency in respect of emergencies caused or contributed to by a particular hazard.
(2)
If a lead agency has been identified in respect of a particular hazard, that agency—
(a)
is the lead agency for each emergency that is caused or contributed to by that hazard; and
(b)
has the primary responsibility for managing the response to those emergencies.
(3)
The functions of a lead agency are to—
(a)
plan for, and co-ordinate the response to, an emergency caused or contributed to by the hazard; and
(b)
participate in developing the national emergency management plan and regional emergency management plans in relation to responding to the emergencies caused or contributed to by the hazard; and
(c)
keep the Director-General informed about any situation in which there is or may be an imminent threat of an emergency that is caused or contributed to by the hazard; and
(d)
perform any function or duty imposed on it under this Act or any other enactment.
(4)
If a lead agency for an emergency is the department,—
(a)
subsection (3)(a) applies only in respect of planning for, or co-ordinating the response to, a state of national emergency; and
(b)
subsection (3)(c) does not apply.
(5)
If no lead agency has been identified in respect of an emergency caused or contributed to by a particular hazard, the following persons have the primary responsibility for managing the response for that emergency:
(a)
during an emergency for which a state of national emergency has been declared, the Director-General:
(b)
during any other emergency, the relevant Emergency Management Committee for the area in which the emergency has occurred.
(6)
See section 90, under which lead agencies may be identified in the national emergency management plan.
75 Transfer of lead agency obligations
(1)
During the response to an emergency, the lead agency for the emergency (agency A) may transfer the lead agency obligations set out in subsection (2) to—
(a)
another government agency (agency B) with agency B’s agreement; or
(b)
to an Emergency Management Committee with that Committee’s agreement.
(2)
The lead agency obligations that are transferred under subsection (1) are—
(a)
co-ordinating the response to the emergency; and
(b)
any additional obligations relating to the response to the emergency that are imposed on a lead agency under the national emergency management plan.
(3)
If the lead agency obligations for an emergency are transferred, agency B or the relevant Committee has the primary responsibility for managing the response to the emergency.
(4)
The lead agency obligations for an emergency revert to the government agency identified as the lead agency for those emergencies under section 90—
(a)
when the response to the emergency for which the lead agency obligations were transferred is complete; or
(b)
at an earlier time during the response to the emergency with the agreement of agency A and the agency or Committee to which the lead agency obligations were transferred.
General obligation to undertake emergency management functions and responsibilities
76 Requirement to undertake emergency management functions and responsibilities
(1)
This section applies to any person who is required under this Act to undertake emergency management or to perform any functions or duties, including, without limitation, the following persons:
(a)
public service agencies:
(b)
Emergency Management Committees:
(c)
local authorities:
(d)
emergency services:
(e)
essential infrastructure providers.
(2)
A person to whom this section applies must take all necessary steps to undertake emergency management or to perform their functions or duties as required.
Compare: 2002 No 33 s 59
Emergency services
77 Duties of emergency services
(1)
The emergency services must provide the members required under section 42(2)(b), (c), (d), and (e), as applicable, for each Emergency Management Co-ordinating Executive Group.
(2)
Representatives of each of the emergency services (as set out in paragraphs (a) to (d) of the definition of emergency services in section 5) must participate in developing the national emergency management strategy and emergency management plans.
Compare: 2002 No 33 s 63
78 Identification of emergency ambulance services
(1)
The Minister may identify, by notice in the Gazette, an organisation as an emergency ambulance service.
(2)
Before doing so, the Minister must consult the organisation.
Essential infrastructure providers
79 Essential infrastructure providers
(1)
Schedule 3 sets out, by name or description, the entities or classes of entities that are essential infrastructure providers.
(2)
See section 7 (which sets out the definitions of essential infrastructure, essential infrastructure provider, essential service, and infrastructure components).
80 Duties of essential infrastructure providers
An essential infrastructure provider must—
(a)
ensure that the essential service delivered by its essential infrastructure is able to function to the fullest possible extent, during and after an emergency, even though this may be at a reduced level:
(b)
develop and maintain a plan to carry out the duty described in paragraph (a):
(c)
make available to the Director-General in writing, on request, the plan described in paragraph (b):
(d)
contribute to developing sector response plans if required to do so by the Director-General:
(e)
participate in the development of the national emergency management strategy and emergency management plans:
(f)
provide, free of charge, any technical advice to the Director-General or any Emergency Management Committee that is reasonably required by the Director-General or that Committee:
(g)
ensure, so far as possible, that any information that is disclosed to the entity for the purposes of this Act is used by the entity, or disclosed to another person, only for the purposes of this Act.
Compare: 2002 No 33 s 60
81 Recognition of essential infrastructure providers
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 3 to—
(a)
recognise an entity as an essential infrastructure provider:
(b)
recognise a class of entities as essential infrastructure providers:
(c)
amend the name or description of an entity or a class of entities recognised as essential infrastructure providers:
(d)
remove the recognition of an entity or a class of entities.
(2)
The order must include a statement of the reasons for the recognition of, or amendment to the recognition of, the entity or class of entities.
(3)
In order to make a recommendation under subsection (1), the Minister must,—
(a)
in the case of recognising, or amending the recognition of, an entity or a class of entities, be satisfied that the entity or class of entities provides, or is responsible for providing, essential infrastructure; and
(b)
consider—
(i)
any potential negative implications, effects, or costs of recognising or removing recognition of the entity or entities, including for the entity or entities; and
(ii)
New Zealand’s international obligations (to the extent relevant).
(4)
Before making a recommendation under subsection (1), the Minister must—
(a)
consult the Director-General; and
(b)
having regard to the nature of the entity or entities that are proposed to be recognised or removed from recognition, take all practicable steps to consult the persons, or the representatives of the persons, that the Minister considers will be substantially affected by the recommendation.
(5)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2002 No 33 s 61
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
82 Minister may exempt essential infrastructure provider
(1)
The Minister may, on any terms or conditions that the Minister thinks fit, exempt from compliance with the provisions of this Act relating to essential infrastructure—
(a)
1 or more named essential infrastructure providers; or
(b)
a class of essential infrastructure providers.
(2)
The Minister may grant an exemption only if the Minister is satisfied that—
(a)
the application of the provisions is not appropriate in the case of each named entity or class of entities; and
(b)
the exemption is no broader than is reasonably necessary to address the matters that gave rise to the exemption; and
(c)
the exemption is consistent with the purpose of this Act.
(3)
The Minister must, in granting an exemption,—
(a)
specify the provisions of this Act from which the entity or class of entities is exempt; and
(b)
record any applicable terms and conditions; and
(c)
publish together with the exemption the Minister’s reasons for granting the exemption.
(4)
An exemption granted under subsection (1)(a)—
(a)
must be published in the Gazette; and
(b)
takes effect on the date specified in the exemption.
(5)
An exemption granted under subsection (1)(b)—
(a)
is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
(b)
takes effect on the date specified in the exemption (which must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019).
Compare: 2002 No 33 s 62
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Part 3 Emergency management system planning
Subpart 1—National emergency management strategy
83 National emergency management strategy
(1)
The Minister must make a national emergency management strategy for 1 or more of the following purposes:
(a)
providing for the Crown’s goals in relation to emergency management in New Zealand:
(b)
identifying the objectives to be pursued to achieve those goals:
(c)
specifying the measurable targets to be met to achieve those objectives.
(2)
A national emergency management strategy—
(a)
is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
(b)
despite section 26 of that Act, comes into force 28 days after the strategy is published or on a later date (if any) specified in the strategy.
Compare: 2002 No 33 s 31
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must notify it in the Gazette | LA19 s 73 | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
84 Review of national emergency management strategy
(1)
The Minister must commence a review of a national emergency management strategy within 10 years of the date on which the strategy came into force.
(2)
Following a review, the Minister may—
(a)
amend or replace the strategy by following the procedure set out in section 85; or
(b)
decide not to change the strategy.
(3)
If the Minister decides not to change the strategy, the Minister must publish the reasons for the decision on the Director-General’s internet site.
85 Procedure for making, amending, or replacing national emergency management strategy
(1)
This section applies if the Minister proposes to make, amend, or replace the national emergency management strategy.
(2)
Before making, amending, or replacing the strategy, the Minister must—
(a)
publicly notify the proposed replacement strategy or the proposed amendments to the strategy by—
(i)
publishing a notice in the Gazette; and
(ii)
giving any other notification that the Minister considers appropriate, having regard to the persons likely to have an interest in the proposal; and
(b)
give interested persons a reasonable time, which must be specified in the notice published under paragraph (a), to make submissions on the proposal; and
(c)
consult representatives of the following groups regarding the proposed replacement strategy or the proposed amendments to the strategy:
(i)
any community that the Director-General considers to be a disproportionately affected community:
(ii)
iwi and Māori:
(iii)
rural communities; and
(d)
consult any persons that the Minister considers appropriate.
(3)
The Minister may make, amend, or replace a national emergency management strategy by signing the new or amended strategy.
86 Presentation of national emergency management strategy to House of Representatives
(1)
The national emergency management strategy comes into force under section 83(2)(b) unless, within 15 sitting days after the strategy is presented, the House of Representatives resolves not to approve it.
(2)
If the House of Representatives resolves not to approve a strategy, the Minister must, within 30 working days after that resolution,—
(a)
make a revised strategy under section 85; and
(b)
present the revised strategy to the House of Representatives.
(3)
The revised strategy takes effect in accordance with subsection (1).
Compare: 2002 No 33 s 35
Subpart 2—Emergency management plans: duties relevant to making of national plan and regional plans
87 Matters persons must have regard to in development of emergency management plans
Application
(1)
This section applies to any person who performs a function in relation to the development of an emergency management plan or an emergency management planning standard under this Act.
Duty
(2)
The person must have regard to—
(a)
the responsibility of people and communities to provide for their own well-being and the well-being of future generations:
(b)
the benefits to be derived for people and communities from the management of hazards and risks:
(c)
New Zealand’s international obligations (to the extent relevant).
Compare: 2002 No 33 s 38
88 Minister or Committee must consider alternatives, benefits and costs, and appropriateness before recommending plan or approving provisions
Application
(1)
This section applies to the Minister if the Minister intends to recommend the making of regulations providing for a national emergency management plan under section 89.
(2)
This section also applies to an Emergency Management Committee if the Committee intends to approve provisions of a regional emergency management plan under section 97 that impose requirements on a person other than the following:
(a)
the Committee:
(b)
a local authority who is a member of the Committee (or the unitary authority in the case of a unitary authority Emergency Management Committee):
(c)
emergency services (or their employees or agents).
Duty
(3)
The Minister or Committee must, before recommending the making of regulations or approving provisions,—
(a)
have regard to—
(i)
the extent, if any, to which the regulations or provisions are necessary to achieve the purpose of this Act; and
(ii)
other means in addition to or in place of the provisions or regulations that may be used in achieving the purpose of this Act, including providing information, services, or incentives; and
(b)
evaluate the likely benefits and costs of—
(i)
making the regulations or approving the provisions; and
(ii)
implementing the principal alternative means available for achieving the intended purpose; and
(iii)
taking no action; and
(c)
be satisfied that the provisions or regulations—
(i)
are necessary or desirable to achieve the purpose of this Act; and
(ii)
are the most appropriate means to achieve that purpose, having regard to their efficiency and effectiveness relative to other means.
Compare: 2002 No 33 s 65
Subpart 3—National emergency management plan
89 National emergency management plan
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for a national emergency management plan.
(2)
The national plan must state and provide for—
(a)
the hazards and risks to be managed at the national level:
(b)
the emergency management necessary at the national level to manage the hazards and risks:
(c)
the objectives of the plan and the relationship of each objective to the national emergency management strategy:
(d)
the co-ordination of emergency management during a state of national emergency or a national transition period:
(e)
the period for which the plan remains in force.
(3)
In order to provide for the matters in subsection (2), the national plan may impose duties on any person, including those listed in section 76(1)(a) to (e).
(4)
Before recommending the making of a national plan, the Minister must be satisfied that the plan is consistent with the national emergency management strategy.
(5)
The national plan may authorise a person to exercise the power in section 137.
(6)
An order made under this section—
(a)
is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
(b)
despite section 26 of that Act, comes into force 28 days after the order is published or on a later date (if any) specified in the order; and
(c)
remains in effect for the period specified in the order, but if the order is not replaced before the close of that period it remains in effect until replaced.
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
90 Identification of lead agencies in national emergency management plan
The national emergency management plan may—
(a)
identify a government agency as the lead agency for emergencies caused or contributed to by a particular hazard if the agency is authorised by legislation, or has the expertise, to manage the response to emergencies caused or contributed to by that hazard; and
(b)
specify the arrangements identifying the lead agency or agencies in the case of an emergency that has been caused or contributed to by multiple hazards.
91 Review of national emergency management plan
(1)
The Minister—
(a)
must review the national emergency management plan in full at least once every 5 years (a 5-yearly review); and
(b)
may at any time review the plan or part of the plan.
(2)
As a result of a review under subsection (1), the Minister may—
(a)
recommend that the plan be amended; or
(b)
recommend that the plan be revoked and replaced; or
(c)
decide to retain the plan in its current form.
(3)
A review undertaken under subsection (1)(b) has no effect on the Minister’s obligation to undertake a 5-yearly review.
Compare: 2002 No 33 s 46
92 Requirements before recommendation to amend or replace, or decision to retain, national emergency management plan
(1)
Before the Minister makes a decision relating to the review of the national emergency management plan under section 91, the Minister must, in accordance with section 93, consider and approve a proposal developed by the Director-General under that section.
(2)
After the Minister has approved the proposal, the proposal must, in accordance with section 94, be publicly notified, made available, and presented to the House of Representatives.
(3)
The proposal is not required to be in the form of draft regulations.
(4)
In this section and sections 93 and 94, proposal—
(a)
means—
(i)
the proposed contents of an amended or a replacement version of the national emergency management plan; or
(ii)
a proposal to retain the plan in its current form; and
(b)
may include material incorporated by reference in the plan under section 228, together with a translation in English or te reo Māori if that material is not in English or te reo Māori.
93 Preparation and approval of proposal relating to review of national emergency management plan
(1)
The Minister must consider and approve a proposal developed by the Director-General in accordance with this section.
(2)
In developing the proposal, the Director-General must—
(a)
identify any community that the Director-General considers to be a disproportionately affected community and engage with representatives of those communities who operate at a national level; and
(b)
seek advice on Māori interests and knowledge to inform the development of the proposal by engaging with representatives of appropriate national-level Māori organisations; and
(c)
consult persons and agencies who would have roles and responsibilities under any new or amended national emergency management plan that is being proposed.
(3)
When the proposal is submitted to the Minister for consideration, the Minister must—
(a)
consult other relevant Ministers about the proposal; and
(b)
determine to either—
(i)
approve the proposal; or
(ii)
refer it back to the Director-General for reconsideration, together with the Minister’s reasons for referring it back.
(4)
On receiving a referral under subsection (3)(b)(ii), the Director-General must reconsider the proposal and, as soon as is reasonably practicable, submit a revised proposal to the Minister for consideration.
94 Public notification of proposed national emergency management plan
(1)
The Minister must—
(a)
publicly notify the proposal by—
(i)
publishing a notice in the Gazette and on the Director-General’s internet site; and
(ii)
giving any other notification that the Minister considers appropriate, having regard to the persons likely to have an interest in the proposal; and
(b)
make copies of any proposed new national plan, or amendments to the plan, available for inspection at the office of the Director-General, free of charge, for a reasonable period; and
(c)
state where copies of any proposed new national plan, or amendments to the plan, are available for purchase; and
(d)
make any proposed new national plan, or amendments to the plan, available on the Director-General’s internet site or provide a link to another internet site where that material is published.
(2)
The Minister must present the proposal to the House of Representatives at least 90 days before making the recommendation.
(3)
Every notice under this section must include—
(a)
a description of the proposal:
(b)
a statement that submissions on the proposal may be made in writing to the Minister by any person:
(c)
a closing date for submissions (which must not be earlier than 40 working days after the notification under this section):
(d)
a statement that every submission should state—
(i)
those aspects of the proposal that the submission supports; and
(ii)
those aspects of the proposal that the submission opposes; and
(iii)
the reasons for the support and opposition identified; and
(iv)
any specific alternatives to the proposal that the person making the submission wishes to recommend:
(e)
a list of places where a copy of any proposed new national plan, or amendments to the plan, may be purchased or inspected:
(f)
an address for submissions.
Compare: 2002 No 33 s 41
95 Targeted amendments to national emergency management plan
(1)
A national emergency management plan may be amended by the Governor-General, by Order in Council made on the recommendation of the Minister, without a review of the plan under section 91 if the Minister is satisfied that the amendment is a targeted amendment.
(2)
A targeted amendment is an amendment that is limited in scope and impact, and may include, without limitation,—
(a)
an update to a part of the plan that affects any person or persons more than others; or
(b)
an update relating to the identification of new hazards or changes in the risk profiles of existing hazards; or
(c)
an update to the identification of a lead agency under section 90; or
(d)
the addition of 1 or more obligations for persons (including persons already included in the plan and persons not included in the plan), as a result of the identification of new hazards or risks.
(3)
When a targeted amendment is made under this section,—
(a)
sections 87, 89(4) and (5), 94, and 228 apply with any necessary modifications; and
(b)
section 93 does not apply; and
(c)
the Minister must consult any party likely to be affected by any proposed change to the plan.
(4)
An order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
96 Minor amendments to national emergency management plan
(1)
A national emergency management plan may be amended by the Governor-General, by Order in Council made on the recommendation of the Minister, without a review of the plan under section 91 if the Minister is satisfied that the amendment is a minor change.
(2)
A minor change to a plan is a change that—
(a)
will have no effect on, or is not likely to affect, the rights of any person; and
(b)
has no effect, or no more than a minor effect, on the obligations of any person.
(3)
An order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2002 No 33 s 47
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Subpart 4—Local and sector plans
Regional emergency management plans
97 Regional emergency management plans
(1)
Each Emergency Management Committee must prepare and approve a regional emergency management plan.
(2)
Each Committee must publish its regional plan on the Committee’s internet site.
(3)
A regional plan must—
(a)
be consistent with the national emergency management strategy; and
(b)
meet the requirements set out in any applicable planning standard issued by the Minister under section 107; and
(c)
take account of any guidelines, codes, or technical standards issued by the Director-General under this Act.
(4)
A regional plan—
(a)
takes effect on the date on which the Committee approves the plan at a meeting of the Committee; and
(b)
remains in effect for the period specified in the plan, but if the plan is not replaced before the close of that period it continues in effect until replaced.
98 Content of regional emergency management plan
(1)
Each Emergency Management Committee’s regional emergency management plan must state and provide for—
(a)
the local authorities that have united to establish and maintain the Committee or, in the case of a unitary authority Emergency Management Committee, the relevant unitary authority:
(b)
the hazards and risks to be managed by the Committee:
(c)
the emergency management necessary to manage those hazards and risks:
(d)
the strategic planning for recovery from those hazards and risks:
(e)
the objectives of the plan and the relationship of each objective to the national emergency management strategy:
(f)
the area of the Committee:
(g)
in the case of a multi-member Emergency Management Committee, the apportionment between local authorities of liability for the provision of financial and other resources for the activities of the Committee, and the basis for that apportionment:
(h)
the arrangements for declaring a state of local emergency:
(i)
the arrangements for declaring a local transition period:
(j)
the arrangements for co-operation and co-ordination with other Emergency Management Committees:
(k)
the arrangements for the needs of any community in the Committee’s area that the Committee considers to be a disproportionately affected community:
(l)
the arrangements for how offers of assistance with emergency management from individuals and groups will be managed during an emergency:
(m)
the arrangements for managing animals (including pets, working animals, livestock, and wildlife) during an emergency:
(n)
the period for which the plan remains in force.
(2)
In order to provide for the matters in subsection (1), a regional plan may impose duties on any person, including those listed in section 76(1)(a) to (e).
(3)
The regional plan may authorise an employee of the Committee for the purposes of section 133(1)(c), which relates to the power to enter contracts on behalf of a Committee.
(4)
The regional plan may authorise a person to exercise the power in section 137 (the power to close roads and public places), and that section applies to the person authorised as if they were an authorised Controller or a constable for the purposes of that section.
Compare: 2002 No 33 s 49
99 Incorporation by reference in regional emergency management plans
(1)
An Emergency Management Committee may incorporate by reference written material in the Committee’s regional emergency management plan if the Committee considers that the material is too large or impractical to include as part of the plan.
(2)
Any material incorporated by reference under this section is to be treated for all purposes as forming part of the plan.
(3)
If the material incorporated by reference under this section is amended, the amendment may only be treated as part of the plan if the amendment has been approved under this Act as an amendment to the plan.
(4)
An amendment referred to in subsection (3) takes effect on a date specified by the Committee by notice on the Committee’s internet site.
(5)
All material incorporated by reference under this section must be available on the Committee’s internet site.
Compare: 2002 No 33 s 51
100 Reviews of regional emergency management plans
(1)
An Emergency Management Committee—
(a)
must review its regional emergency management plan in full at least once every 5 years (a 5-yearly review); and
(b)
must review the plan or part of the plan when directed to do so by the Minister under section 104; and
(c)
may at any time review the plan or part of the plan.
(2)
Following a review under subsection (1), the Committee may decide to—
(a)
amend the plan; or
(b)
replace the plan; or
(c)
retain the plan in its current form.
(3)
A decision under subsection (2) may be made only at a meeting of the Committee.
(4)
Before the Committee makes a decision under subsection (2), the Committee must—
(a)
carry out the requirements under section 101 for community engagement in developing a proposal; and
(b)
follow the procedure under section 102 relating to public notification of a proposal; and
(c)
provide the proposal to the Minister for the Minister’s comments and direction in accordance with section 103.
(5)
A review of a Committee’s regional plan in full undertaken under subsection (1)(b) or (c) meets the Committee’s obligation to undertake a 5-yearly review.
(6)
In this section and sections 101 to 103, proposal means—
(a)
the proposed amendments to, or a proposed replacement version of, a Committee’s regional plan; or
(b)
a proposal to retain the plan in its current form.
Compare: 2002 No 33 s 56
101 Engagement and consultation for developing proposal for regional emergency management plan
In developing a proposal, the Emergency Management Committee must—
(a)
engage with and involve representatives of any community in the Committee’s area that the Committee considers is a disproportionately affected community; and
(b)
engage with and involve representatives of iwi and Māori in the Committee’s area; and
(c)
consult persons and agencies who would have roles and responsibilities under any new or amended regional emergency management plan that is being proposed.
Compare: 2002 No 33 s 52
102 Public notification for proposal for regional emergency management plan
(1)
The Emergency Management Committee must—
(a)
give notification of the proposal—
(i)
by public notice; and
(ii)
to representatives of iwi and Māori within the Committee’s area; and
(iii)
to any other specific person or group that the Committee considers appropriate; and
(b)
specify in each notice given under paragraph (a) a period within which persons interested in the proposal may make submissions on the proposal to—
(i)
the Committee; or
(ii)
a subgroup of the Committee; and
(c)
ensure that any person who makes written submissions on the proposal within the period specified in the notice is given a reasonable opportunity to be heard by the body to which the submissions are made; and
(d)
make all written submissions on the proposal available to the public unless there is some good reason in law why it should not do so; and
(e)
have regard to any comments on a proposal made by iwi and Māori within the Committee’s area.
(2)
The period specified under subsection (1)(b) must not be less than 1 month.
103 Comments and directions from Minister regarding proposal
(1)
After making any changes to update the proposal following consideration of submissions and comments received in accordance with section 102, the Emergency Management Committee must send the updated proposal to the Minister for the Minister’s consideration.
(2)
Within 20 working days after receiving the proposal, the Minister must provide comments and inform the Committee if the Minister is considering directing that amendments be made to the proposal.
(3)
If the Minister informs the Committee that the Minister is considering making a direction, the Minister must, as soon as is reasonably practicable after informing the Committee of that possibility, make a decision about whether to make a direction and advise the Committee of—
(a)
the direction regarding amendments to the proposal, along with the reasons for directing those amendments; or
(b)
the decision that no direction will be made.
(4)
The Minister may require amendments to the proposal only if, in the Minister’s view, the plan would otherwise fail to meet the requirements of the Act or the national emergency management plan.
(5)
The Committee—
(a)
must have regard to any comments made by the Minister; and
(b)
may not make a decision on the proposal under section 100(2) until the Minister has—
(i)
advised under subsection (2) or (3)(b) that they do not intend to direct that amendments be made; or
(ii)
directed that amendments be made to the proposal under subsection (3)(a); and
(c)
must make any amendments to the proposal that the Minister directs.
104 Minister may direct Emergency Management Committee to review regional emergency management plan
(1)
The Minister may direct that an Emergency Management Committee review its regional emergency management plan, or 1 or more parts of the plan, under section 100.
(2)
When making a direction, the Minister must provide the reasons for directing the review.
105 Targeted amendments to regional emergency management plan
(1)
An Emergency Management Committee may amend its regional emergency management plan without a review of the plan under section 100 if it is satisfied that the amendment is a targeted amendment.
(2)
A targeted amendment is an amendment that is limited in scope and impact, and may include, without limitation,—
(a)
an update to a part of the plan that affects any person or persons more than others; or
(b)
an update relating to the identification of new hazards or changes in the risk profiles of existing hazards; or
(c)
the addition of 1 or more obligations for persons (including persons already included in the plan and persons not included in the plan) as a result of the identification of new hazards or risks.
(3)
The Committee may approve targeted amendments to a plan only after undertaking consultation in accordance with section 82 of the Local Government Act 2002.
106 Minor amendments to regional emergency management plan
(1)
An Emergency Management Committee may amend its regional emergency management plan without a review of the plan under section 100 if it is satisfied that the amendment is a minor change.
(2)
A minor change to a plan is a change that—
(a)
will have no effect on, or is not likely to affect, the rights of any person; and
(b)
has no effect, or no more than a minor effect, on the obligations of any person.
Compare: 2002 No 33 s 57
Regional emergency management planning standards
107 Regional emergency management planning standards
(1)
The Minister may issue regional emergency management planning standards, prepared in accordance with section 108, that prescribe requirements or provide for other matters relating to any aspect of the structure, format, or content of regional emergency management plans for all or any of the following purposes:
(a)
to assist in achieving the purpose of this Act:
(b)
to address any matter that the Minister considers requires consistency across multiple Emergency Management Committees:
(c)
to assist in meeting the requirements for regional emergency management plans under section 98:
(d)
to ensure the alignment of regional emergency management plans with the national emergency management plan.
(2)
A regional emergency management planning standard may apply to the emergency management plan of all Emergency Management Committees, a particular Committee, or a class of Committees.
(3)
A regional emergency management planning standard issued under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
108 Preparation of regional emergency management planning standards
(1)
In preparing or amending a regional emergency management planning standard, the Minister must have regard to—
(a)
whether it is desirable to have national consistency in relation to an aspect of regional emergency management plans; and
(b)
whether the regional emergency management planning standard should allow for local variation and, if so, to what extent; and
(c)
whether it is appropriate for the regional emergency management planning standard to apply to 1 or more Emergency Management Committees or all Emergency Management Committees; and
(d)
any requirement in other legislation that is relevant to the planning standard that is being prepared or amended.
(2)
Before issuing a regional emergency management planning standard, the Minister must—
(a)
consult the Director-General; and
(b)
prepare a draft of the standard; and
(c)
give public notice of the draft; and
(d)
establish a process that the Minister considers gives the public, local authorities, and Emergency Management Committees adequate time and opportunity to make a submission on the draft.
109 Amendments to regional emergency management planning standards
(1)
This section applies if the Minister issues amendments to regional emergency management planning standards under section 107.
(2)
The Minister does not need to follow the process referred to in section 108 if the Minister is recommending the making of an amendment for one of the following reasons:
(a)
to align with a New Zealand Standard within the meaning of section 4 of the Standards and Accreditation Act 2015:
(b)
to fulfil New Zealand’s obligations under any international convention, protocol, or agreement to which New Zealand is a party:
(c)
to remove provisions in a regional emergency management planning standard that are no longer required as a consequence of changes to legislation:
(d)
to make changes that are no more than minor in effect, to correct errors, or to make similar technical alterations.
(3)
The Minister must,—
(a)
before recommending an amendment for a reason specified in subsection (2), consider whether it is more appropriate to follow the process referred to in section 108 to make the amendment; and
(b)
as soon as is reasonably practicable after making an amendment, publish their reasons for the amendment on the Director-General’s internet site.
110 Withdrawal of regional emergency management planning standards
(1)
The Minister may withdraw all or part of a regional emergency management planning standard.
(2)
The Minister must give public notice of a withdrawal, including the reasons for a withdrawal.
Essential infrastructure sector response plans
111 Director-General may develop sector response plans with essential infrastructure providers
(1)
This section applies if the Director-General is satisfied that it would be desirable for essential infrastructure providers from 1 or more classes of essential infrastructure provider to co-ordinate on the timely restoration of essential infrastructure in the event that an emergency causes a disruption of national significance to their provision of that essential infrastructure.
(2)
The Director-General may—
(a)
develop and approve a sector response plan that addresses the response to, and recovery from, the potential disruptions to that class or those classes of essential infrastructure providers in the provision of their essential infrastructure in the event of an emergency; and
(b)
require the relevant essential infrastructure providers to contribute to the development of the sector response plan.
(3)
Before approving the sector response plan, the Director-General must consult the following persons:
(a)
the essential infrastructure providers affected by the plan (or persons that the Director-General considers represent a class of essential infrastructure providers affected):
(b)
relevant government agencies and local authorities:
(c)
any other person who would have roles or responsibilities under the plan or persons that the Director-General considers represent the classes of persons who would have those roles or responsibilities.
112 Content of sector response plans
(1)
A sector response plan may address—
(a)
the roles and responsibilities of the essential infrastructure providers to which it applies, Emergency Management Committees, the Director-General, and other agencies; and
(b)
default information sharing and co-ordination arrangements for the essential infrastructure providers; and
(c)
any other matters that may be necessary to deal with a major disruption to essential infrastructure.
(2)
A sector response plan does not have the effect of imposing duties or mandatory requirements on any person.
113 Changes to sector response plan
(1)
The Director-General may amend, replace, or revoke a sector response plan at any time.
(2)
Before approving a replacement sector response plan, the Director-General must consult the persons set out in section 111(3).
(3)
Before approving an amended sector response plan, the Director-General must consult the persons set out in section 111(3), but only to the extent that the Director-General considers the proposed amendments are relevant to those persons.
(4)
Subsection (2) does not apply in the case of minor amendments to the plan.
Part 4 Emergency response and recovery: states of emergency and transition periods
Subpart 1—Declaring states of emergency
Interpretation
114 Interpretation of this subpart
In this subpart, unless the context otherwise requires, authorised person means a person authorised or otherwise empowered, under section 53, 54, or 55, to declare a state of local emergency.
Declaring state of national emergency
115 Minister may declare state of national emergency
(1)
This section applies if the Minister considers that—
(a)
an emergency has occurred or may occur; and
(b)
the emergency is, or is likely to be, of such extent, magnitude, or severity that the emergency management necessary or desirable in respect of it is, or is likely to be, beyond the resources of the Emergency Management Committees whose areas may be affected by the emergency.
(2)
The Minister may declare a state of national emergency that applies to—
(a)
the whole of New Zealand; or
(b)
1 or more areas or districts.
(3)
The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (2).
Compare: 2002 No 33 s 66(1)–(2)
116 Extending location to which state of national emergency applies
(1)
This section applies if the Minister has declared a state of national emergency that applies to 1 or more areas or districts (the affected location) but not to the whole of New Zealand.
(2)
The Minister may declare that the state of national emergency is extended to apply to 1 or more further areas or districts, whether or not any of those further areas or districts overlaps or is contiguous with the affected location.
(3)
The Minister may make a declaration under subsection (2) only if the Minister considers that the criteria in section 115(1) apply to each of the further areas or districts.
(4)
The Minister must inform the House of Representatives as soon as practicable if the Minister makes a declaration under subsection (2).
117 House of Representatives to meet if adjourned when state of national emergency declared
(1)
This section applies if—
(a)
the Minister declares a state of national emergency; and
(b)
the House of Representatives is adjourned until a date more than 7 days after the day on which the declaration is made.
(2)
The Speaker of the House of Representatives must, as soon as practicable,—
(a)
determine a day and time at which the House of Representatives must meet (the meeting time); and
(b)
notify all members of the meeting time.
(3)
The meeting time must be no later than 7 days after the day on which the declaration is made.
(4)
The Clerk of the House of Representatives must publish the meeting time by notice in the Gazette.
(5)
In this section, member and Speaker have the meanings given in section 5 of the Parliament Act 2025.
Compare: 2002 No 33 s 67
118 Parliament to meet if dissolved, prorogued, or expired when state of national emergency declared
(1)
This section applies if—
(a)
the Minister declares a state of national emergency; and
(b)
Parliament—
(i)
has been dissolved or prorogued or has expired; and
(ii)
has not been summoned to meet within 7 days after the day on which the declaration is made.
(2)
The Governor-General must, by Proclamation, summon Parliament to meet at a time that is no later than 7 days after—
(a)
the day on which the Minister declares a state of national emergency; or
(b)
the day on which the writ is returned, if the Minister declares a state of national emergency—
(i)
after Parliament has been dissolved or has expired; and
(ii)
before the return of the writ under the Electoral Act 1993 for the election of members of Parliament.
(3)
Parliament must meet and sit on the day appointed.
(4)
See sections 18 and 18A of the Constitution Act 1986.
Compare: 2002 No 33 s 67
Exercise of powers in sections 120, 121, 124, and 126
119 When authorised persons may exercise certain powers in this subpart
An authorised person may exercise the powers conferred on them by sections 120, 121, 124, and 126 only in respect of an area, district, or ward for which the person is authorised to declare a state of local emergency.
Declaring state of local emergency
120 Authorised person or Minister may declare state of local emergency
Authorised person may declare state of local emergency
(1)
Subsection (2) applies if an authorised person considers that an emergency has occurred or may occur in an area.
(2)
The authorised person may declare a state of local emergency for—
(a)
that area; or
(b)
1 or more districts or wards within that area.
(3)
Before making a declaration under subsection (2), an authorised person who is authorised under section 53 to declare a state of local emergency must, if practicable,—
(a)
consult the mayor of any affected local authority; and
(b)
in the case that the authorised person is an authorised mayor-elect, also consult the chief executive of any affected local authority.
(4)
The fact that an authorised person declares a state of local emergency is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so.
Minister may declare state of local emergency if authorised person has not done so
(5)
Subsection (6) applies if—
(a)
the Minister considers that an emergency has occurred or may occur in the area of any Emergency Management Committee; and
(b)
a state of local emergency has not been declared under subsection (2) in respect of that area.
(6)
The Minister may declare a state of local emergency for—
(a)
that area; or
(b)
1 or more districts or wards within that area.
Compare: 2002 No 33 s 68
121 Declaring state of local emergency for unaffected location to assist affected location
(1)
Subsection (2) applies if—
(a)
a state of local emergency is in force for a location (the affected location); and
(b)
the Minister or an authorised person considers that the resources of another location that is not affected by an emergency (the unaffected location) are needed to assist the affected location.
(2)
The Minister or an authorised person may declare a further state of local emergency for the unaffected location.
Compare: 2002 No 33 s 68(3)
122 State of local emergency may be concurrent with national emergency declarations
(1)
Sections 120 and 121 apply whether or not—
(a)
a state of national emergency is declared under section 115 in respect of another emergency; or
(b)
a national transition period is declared under section 150 in respect of another emergency.
(2)
However, if a state of national emergency or a national transition period is in force, section 64 applies.
(3)
A state of local emergency remains in force if a state of national emergency or a national transition period is subsequently declared in respect of another emergency, even if both emergencies affect the same location.
Commencement, duration, extension, and termination
123 When state of emergency starts and expires
(1)
A state of emergency—
(a)
starts at the time and on the date that the state of emergency is declared; and
(b)
expires at the time and on the date that is 7 days after the state of emergency starts.
(2)
Nothing in this section prevents—
(a)
the extension of the duration of a state of emergency under section 124; or
(b)
the termination of a state of emergency under section 126.
Compare: 2002 No 33 s 70
124 Extending duration of state of emergency
Extending duration of state of national emergency
(1)
The Minister may declare that the duration of a state of national emergency is extended if—
(a)
the Minister considers that—
(i)
the criterion specified in section 115(1)(b) continues to be met; and
(ii)
the extension is required; and
(b)
the state of national emergency has not yet ended.
(2)
The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (1).
Extending duration of state of local emergency
(3)
The Minister or an authorised person may declare that the duration of a state of local emergency is extended if—
(a)
the Minister or authorised person considers that the extension is required; and
(b)
the state of local emergency has not yet ended.
Extension may apply to smaller location
(4)
The following persons may, in declaring an extension to the duration of a state of emergency, apply that extended state of emergency to a smaller location than the location to which it previously applied:
(a)
in the case of a state of national emergency, the Minister:
(b)
in the case of a state of local emergency, the Minister or an authorised person.
Example
A state of local emergency originally applied to 1 area. If its duration is extended, the state of local emergency may be applied to 1 district in that area but not to the other districts in that area.
Compare: 2002 No 33 s 71
125 Further provisions relating to extending state of emergency
When extension starts and expires
(1)
An extension of the duration of a state of emergency starts—
(a)
immediately before the state of emergency would have ended under section 123(1)(b); or
(b)
if the state of emergency was previously extended under section 124, immediately before that extension would have ended under subsection (2).
(2)
An extension of the duration of a state of emergency expires at the time and on the date that is 7 days after the extension to the state of emergency starts.
Multiple extensions allowed
(3)
The duration of a state of emergency may be extended any number of times.
Termination not affected
(4)
Nothing in this section or in section 124 prevents the termination of a state of emergency under section 126.
Compare: 2002 No 33 s 71(3), (4), (5)
126 Terminating state of emergency
Terminating state of national emergency
(1)
A state of national emergency is terminated if the Minister—
(a)
declares that the state of national emergency is terminated; or
(b)
declares a state of national emergency under section 115(2) for the same emergency that applies to—
(i)
the whole of New Zealand; or
(ii)
the area or district to which an existing national emergency applies.
Terminating state of local emergency
(2)
A state of local emergency is terminated if—
(a)
the Minister or an authorised person declares that the state of local emergency is terminated; or
(b)
the Minister declares a state of national emergency under section 115(2) for the same emergency that applies to—
(i)
the whole of New Zealand; or
(ii)
the area, district, or ward to which the state of local emergency applies; or
(c)
an authorised person or the Minister declares another state of local emergency under section 120 that applies to the area, district, or ward to which the first state of local emergency applies.
Effect of termination
(3)
A declaration made under this section ends the state of emergency when made.
(4)
In addition, a state of local emergency ends in the following circumstances:
(a)
if an authorised person declares a local transition period under section 153(2), to the extent specified in accordance with section 153(6) (if applicable):
(b)
if the Minister declares a local transition period under section 154(2), to the extent specified in accordance with section 154(4) (if applicable).
Compare: 2002 No 33 s 72
127 Form and publication of declarations of states of emergency, extensions, and terminations
(1)
A declaration under this subpart must—
(a)
specify the time and date on which it is made; and
(b)
specify the areas, districts, or wards to which it applies; and
(c)
otherwise be in the form and manner prescribed in the rules.
(2)
The declaration may include any additional information that the person making the declaration considers relevant.
(3)
A person who makes a declaration under this subpart must—
(a)
immediately notify the public of the declaration by any means of communication that are reasonably practicable in the circumstances; and
(b)
as soon as is reasonably practicable, publish the declaration—
(i)
in the Gazette; and
(ii)
on—
(A)
the Director-General’s internet site, if the Minister made the declaration; or
(B)
the responsible Committee’s internet site, if an authorised person made the declaration.
Compare: 2002 No 33 s 73
Subpart 2—Powers applying during states of emergency
Interpretation
128 Interpretation of this subpart
In this subpart, unless the context otherwise requires,—
applicable emergency means the emergency for which a state of emergency has been declared at the time at which, and in respect of which, the power is exercised
authorised Controller means any one of the following persons:
(a)
the National Controller or a person authorised by them under section 20:
(b)
a Regional Controller or a person authorised by them under section 61:
(c)
a District Controller or a person authorised by them under section 62:
(d)
a Local Controller under direction
constable, in sections 135 to 143, means a constable or a person authorised by them under section 174
Local Controller under direction means a Local Controller to whom both of the following apply:
(a)
the Local Controller has been directed, under section 63(2), to perform a function or duty, or exercise a power, of a Regional Controller in respect of which the Regional Controller is an authorised Controller; and
(b)
the terms of the direction permit the Local Controller to perform the function or duty, or exercise the power, in the circumstances
property means any of the following:
(a)
land:
(b)
a building:
(c)
an animal:
(d)
a vehicle, a ship, or an aircraft:
(e)
earth-moving equipment or construction materials or equipment:
(f)
furniture, bedding, food, or water:
(g)
medicines or medical supplies:
(h)
any other apparatus, implement, equipment, materials, or supplies.
Powers exercised by Minister
129 Minister’s emergency power of direction
Minister may direct Director-General or Committee or person
(1)
Subsection (2) 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)
The Minister may direct a person or a body specified in subsection (3) to perform or exercise, or to cease to perform or exercise, any of the functions, duties, or powers conferred on that person or body under this Act.
(3)
The persons and bodies the Minister may direct are as follows:
(a)
the Director-General:
(b)
an Emergency Management Committee:
(c)
any other person.
Minister may direct responsible person authorised to exercise powers under Building Act 2004
(4)
Subsection (5) applies if—
(a)
a location is subject to both—
(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 also the responsible person under that subpart (see section 133BK of the Building Act 2004).
(5)
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.
Minister may direct performance to satisfaction of Director-General
(6)
Subsection (7) applies if, under subsection (2) or (5), the Minister directs an Emergency Management Committee or a person (other than the Director-General) to perform or exercise any function, duty, or power.
(7)
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-General.
Compare: 2002 No 33 s 84
Application and exercise of powers in sections 132 to 142
130 Application of sections 132 to 142
(1)
The powers in sections 132 to 142 apply if a state of emergency is in force in or within an area.
(2)
However, section 132(2) applies only if an Emergency Management Committee considers that an imminent threat of an emergency exists in or within an area.
131 Limitations on exercise of powers in sections 134 to 142
When National Controller may exercise powers in sections 134 to 142
(1)
The National Controller or a person authorised by them under section 20 may exercise the powers conferred on them by sections 134 to 142 only during a state of national emergency.
Where other Controllers may exercise powers in sections 134 to 142
(2)
Any other authorised Controller may exercise the powers conferred on them by sections 134 to 142 only in respect of an area or district for which the authorised Controller is appointed as a Controller.
Powers exercised by Emergency Management Committees
132 Emergency powers of Emergency Management Committees
(1)
An Emergency Management Committee or its delegate may—
Rescue and relief
(a)
provide for the rescue of endangered persons and their removal to areas of safety:
(b)
set up first aid posts, and provide for first aid to be given to casualties and for casualties to be moved to hospitals or to other places of treatment or safety:
(c)
provide for the relief of human distress, including emergency food, clothing, and shelter:
(d)
undertake emergency measures for the disposal of dead persons if it is satisfied that the measures are urgently necessary in the interests of public health:
(e)
undertake emergency measures for the disposal of dead animals if it is satisfied that the measures are urgently necessary in the interests of public health:
Transport, equipment, and facilities
(f)
prohibit or regulate land, air, and water traffic within the area to the extent necessary to conduct emergency management:
(g)
provide equipment, accommodation, and facilities for the exercise of any of the powers conferred by this section:
Public information
(h)
provide information and advice to the public:
Contractual arrangements
(i)
enter into contracts, including employment contracts, with any person for the purpose of carrying out emergency management.
(2)
If an Emergency Management Committee considers that an imminent threat of an emergency exists in or within the Committee’s area, the Committee or its delegate may carry out any works that the Committee considers on reasonable grounds are necessary to prevent 1 or more of the following occurring because of that emergency:
(a)
loss of human life:
(b)
injury to people:
(c)
serious damage to property.
(3)
An Emergency Management Committee or its delegate must act consistently with any directions given by the Minister or the Director-General.
(4)
In this section, a delegate, in relation to the power of an Emergency Management Committee under this section, means a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 31 for the purposes of exercising the power under this section.
Compare: 2002 No 33 s 85
133 Power to enter contracts on behalf of Emergency Management Committee
(1)
The following persons may enter into a contract on behalf of an Emergency Management Committee for any of the purposes of this Act:
(a)
the chairperson of the Committee:
(b)
the deputy chairperson of the Committee:
(c)
an employee of the Committee, or an employee of a local authority member of the Committee, who is authorised, in the Committee’s regional emergency management plan, to enter into contracts for a specified purpose of this Act:
(d)
the Regional Controller appointed by the Committee.
(2)
A person who exercises the power conferred under this section must report the full circumstances of its exercise to the Emergency Management Committee—
(a)
at its next ordinary meeting; or
(b)
if that is not practicable, at the following ordinary meeting.
(3)
This section applies despite anything in the Public Bodies Contracts Act 1959.
Compare: 2002 No 33 s 94
Powers exercised by authorised Controllers
134 Emergency powers of Controllers
(1)
An authorised Controller may—
(a)
carry out or require to be carried out all or any of the following:
(i)
works, including (without limitation) works on land, water, and infrastructure:
(ii)
clearing of roads and other public places:
(iii)
removal, disposal, or securing of, or otherwise making safe, dangerous structures and materials including structures and materials on private land:
(b)
provide for the conservation and supply of food, water, fuel, and other essential supplies.
(2)
See also section 178, which authorises an authorised Controller to require information.
Powers exercised by authorised Controllers and constables
135 Power to evacuate premises and places
(1)
An authorised Controller or a constable may direct—
(a)
the evacuation of persons or vehicles from any premises or place, including a public place:
(b)
the exclusion of persons or vehicles from any premises or place, including a public place.
(2)
However, an authorised Controller or a constable may take an action authorised in subsection (1) only if the action is, in the opinion of one of the following persons, necessary to preserve human life:
(a)
the National Controller:
(b)
a Regional Controller:
(c)
a District Controller:
(d)
a Local Controller under direction:
(e)
a constable.
Compare: 2002 No 33 s 86
136 Power to enter premises and places
Power
(1)
An authorised Controller or a constable may take the action specified in subsection (2) if the authorised Controller or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following:
(a)
preserve human life, prevent injury to people, or rescue and remove injured or endangered people:
(b)
permit or facilitate carrying out an urgent measure for the relief of suffering or distress of people:
(c)
mitigate unreasonable or unnecessary pain or distress of an animal.
(2)
The authorised Controller or constable may enter on or into, and if necessary break into, 1 or more of the following:
(a)
premises, other than a marae:
(b)
a place, including a public place:
(c)
a marae, but only for a reason specified in subsection (1)(a) or (b).
Additional requirements relating to subsection (1)(c)
(3)
The authorised Controller or constable must not exercise the power authorised in subsection (2) for the reason specified in subsection (1)(c) unless—
(a)
the authorised Controller or constable has first made efforts that are reasonable in the circumstances to contact—
(i)
the owner of the place or premises; or
(ii)
if the owner is not the occupier of the place or premises, the occupier of the place or premises; and
(b)
the authorised Controller or constable has been unable to contact the owner or, if applicable, the occupier of the place or premises.
(4)
An authorised Controller or a constable who enters on or into premises or a place under this section for the reason specified in subsection (1)(c)—
(a)
may, for that purpose, do 1 or more of the following:
(i)
examine, mark, take a sample from, treat, secure, relocate, disinfect, or destroy an animal:
(ii)
pass an animal to a suitable person, who can address the animal’s needs:
(iii)
do anything else, in relation to an animal, that is reasonable in the circumstances; and
(b)
must make efforts that are reasonable in the circumstances to—
(i)
leave the premises or place secured; and
(ii)
contact the owner or, if applicable, occupier of the place or premises to inform them of the action the authorised Controller or constable has taken.
(5)
In this section, marae has the same meaning as in section 2(1) of the Animal Welfare Act 1999.
Compare: 2002 No 33 s 87
137 Power to close roads and public places
(1)
The action specified in subsection (3) may be taken by any of the following persons:
(a)
an authorised Controller:
(b)
a constable:
(c)
a person authorised by a relevant emergency management plan to exercise the power in this section.
(2)
The person may take the action authorised in subsection (3) if the person believes on reasonable grounds that the action is necessary to do 1 or more of the following:
(a)
limit or reduce the extent of the applicable emergency:
(b)
prevent potentially negative effects of the applicable emergency.
(3)
The person may prohibit or restrict the following from accessing a road or public place:
(a)
persons, including 1 or more classes or groups of persons:
(b)
vehicles, including 1 or more classes or groups of vehicles.
(4)
A prohibition or restriction under subsection (3) may be total or partial.
Compare: 2002 No 33 s 88
138 Power to remove obstructing vehicles
(1)
An authorised Controller or a constable may—
(a)
remove an aircraft, ship, train, or vehicle from a place if it is impeding emergency management; and
(b)
if reasonably necessary for that purpose, use force or break into the aircraft, ship, train, or vehicle.
(2)
The authorised Controller or constable may take the action authorised in subsection (1) if the authorised Controller or constable believes on reasonable grounds that the action is necessary to do either or both of the following:
(a)
limit or reduce the extent of the applicable emergency:
(b)
prevent potentially negative effects of the applicable emergency.
Compare: 2002 No 33 s 89
139 Power to requisition property
Power to requisition property
(1)
An authorised Controller or a constable may requisition property by—
(a)
directing the responsible owner to immediately place the property under the control and direction of the authorised Controller or constable; or
(b)
if the responsible owner of the property cannot immediately be found, assuming immediately the control and direction of the requisitioned property; or
(c)
if the requisition is made at the request of another authorised Controller or constable, placing the property under the control and direction of that other authorised Controller or constable.
(2)
However, an authorised Controller or a constable may take an action authorised in subsection (1) only if the action is, in the opinion of one of the following persons, necessary to preserve human life:
(a)
the National Controller:
(b)
a Regional Controller:
(c)
a District Controller:
(d)
a Local Controller under direction:
(e)
a constable.
Authorised Controller or constable must provide responsible owner with written statement about requisitioned property
(3)
An authorised Controller or a constable who requisitions property under subsection (2) must give the responsible owner a written statement specifying—
(a)
the property that is requisitioned; and
(b)
the person under whose control and direction the property is to be placed.
(4)
A statement given under subsection (3) that relates to property requisitioned when the responsible owner of the property cannot immediately be found must be given to the responsible owner as soon as is reasonably practicable in the circumstances.
Owner must assist authorised Controller or constable with use of property
(5)
The responsible owner must provide the authorised Controller or constable with any assistance that the authorised Controller or constable may reasonably require for the effective and safe use of that property, including—
(a)
immediately before it is requisitioned; and
(b)
after it is requisitioned.
(6)
In this section, responsible owner means—
(a)
a person who owns, in whole or in part, property that is—
(i)
to be requisitioned under this section; or
(ii)
requisitioned under this section; or
(b)
a person who is in control of property immediately before it is requisitioned under this section.
Compare: 2002 No 33 s 90
140 Power to examine, seize, destroy, and undertake other activities in relation to property and things
(1)
An authorised Controller or constable may examine, mark, seize, take a sample from, secure, disinfect, or destroy 1 or more of the following:
(a)
any property:
(b)
an animal:
(c)
any other thing.
(2)
The authorised Controller or constable may take the action authorised in subsection (1) if the authorised Controller or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following:
(a)
limit or reduce the extent of the applicable emergency:
(b)
prevent potentially negative effects of the applicable emergency.
Compare: 2002 No 33 s 92
141 Power to direct or request person to cease activity or take action
An authorised Controller or a constable may—
(a)
direct a person to cease an activity that may cause, or substantially contribute to the consequences of, the applicable emergency:
(b)
request a person, verbally or in writing, to take an action to prevent or limit or reduce the consequences of the applicable emergency.
Compare: 2002 No 33 s 91(1)
142 Power to direct owner of structure to obtain assessment
Direction
(1)
An authorised Controller or constable may direct—
(a)
the owner of a structure (or the owner’s agent) to obtain an assessment of the effect on the structure of the applicable emergency and any related subsequent events:
(b)
the owners of structures of a particular class or type (or the owners’ agents) to obtain assessments of the effect on structures of the class or type they own of the applicable emergency and any related subsequent events.
(2)
The authorised Controller or constable may take the action authorised by this section only if they are satisfied that the structure or class or type of structure may, in the circumstances, pose a risk—
(a)
of injury to people; or
(b)
to the safety of human life or of property (other than the structure itself).
(3)
A direction 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 completed and given to the person who gave the direction.
(4)
The authorised Controller or constable must give notice of the direction in accordance with section 143.
What owner must do
(5)
An owner (or owner’s agent) who is given a direction 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 as soon as is reasonably practicable and within the time specified in the direction.
Owner may appeal against direction
(6)
The owner or the owner’s agent may appeal to the District Court against the direction under section 219(1)(a) on the grounds that the direction is unreasonable.
Compare: 2002 No 33 s 91
Notice requirements under section 142
143 Notice requirements for direction given under section 142
Requirements for direction given under section 142(1)(a) or (b)
(1)
An authorised Controller or constable who gives a direction under section 142(1)(a) or (b)—
(a)
must use endeavours that are reasonable in the circumstances to notify the following persons of the direction in accordance with section 218:
(i)
each owner (or owner’s agent) and each occupier of each structure to which the direction applies:
(ii)
each owner (or owner’s agent) and each occupier of any adjacent structure or adjoining land; and
(b)
must attach a copy of the notice to a prominent place on, or adjacent to, each structure to which the direction applies.
Further requirements for direction given under section 142(1)(b)
(2)
An authorised Controller or constable who gives a direction under section 142(1)(b) must—
(a)
give notice of the direction to the public that is reasonable in the circumstances; and
(b)
publish notice of the direction in the Gazette as soon as practicable.
What notice must contain
(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)
specify a reasonable time within which the assessment must be completed; and
(d)
if applicable, state where further information may be viewed.
Compare: 2002 No 33 s 91A
Warrant for entry to obtain information
144 Warrant for entry to obtain information
(1)
This section applies if—
(a)
a state of emergency is in force; or
(b)
an office holder considers that an imminent threat of an emergency exists.
(2)
An office holder may apply for a warrant authorising a constable to enter and search 1 or more premises, other than a private dwelling or marae, for the purpose of obtaining information required to—
(a)
limit the extent of an existing emergency; or
(b)
prevent a threatened emergency or limit its extent.
(3)
The application must be made to a District Court Judge in the manner provided for in section 98(1) to (4) of the Search and Surveillance Act 2012, but with the following modifications:
(a)
each reference to the issuing officer is to be read as a reference to a District Court Judge; and
(b)
each reference to the applicant is to be read as a reference to the office holder.
(4)
A District Court Judge may issue the warrant to the office holder only if satisfied by the office holder—
(a)
that—
(i)
a state of emergency is in force; or
(ii)
an imminent threat of an emergency exists; and
(b)
that the information is urgently required to—
(i)
limit the extent of the existing emergency; or
(ii)
prevent the threatened emergency or limit its extent; and
(c)
that the person in possession of the information has refused to provide the information.
(5)
The District Court Judge may authorise the warrant to be executed on more than 1 occasion during the period in which the warrant is in force if the Judge is satisfied that this is required for the purposes for which the warrant is being issued.
(6)
A warrant may be issued under this section—
(a)
even if a requirement to give the information referred to in subsection (4) has been imposed at an earlier time under section 178; and
(b)
whether or not proceedings in relation to an appeal or the prosecution of an offence in respect of that requirement have been completed.
(7)
In this section, office holder means any one of the following persons:
(a)
the Director-General:
(b)
an authorised Controller:
(c)
a person authorised by an Emergency Management Committee under section 31(2)(f) to act as an office holder under this section.
Compare: 2002 No 33 s 78
145 Form and content of warrant
A warrant issued under section 144—
(a)
must be in the form prescribed in regulations; and
(b)
must state the period, not exceeding 10 days, for which it is valid; and
(c)
must, if the warrant may be executed on more than 1 occasion, state the number of times that the warrant may be executed; and
(d)
must state the address or description of each premises that may be entered and searched; and
(e)
must specify the information that may be searched for and seized; and
(f)
must be directed to a constable by name, or to a class of constables stated in the warrant, or generally to every constable; and
(g)
is subject to any special conditions that the District Court Judge may state in the warrant.
Compare: 2002 No 33 s 79
146 Powers conferred by warrant
(1)
A warrant issued under section 144 authorises the constable executing the warrant—
(a)
to enter and search the premises stated in the warrant—
(i)
at any time during the currency of the warrant; and
(ii)
only once during the currency of the warrant, unless execution on more than 1 occasion has been authorised; and
(b)
to use any assistants that may be reasonable in the circumstances for the purpose of the entry and search; and
(c)
to use any force that is reasonable in the circumstances for the purpose of effecting entry and for breaking open anything in or on the place searched; and
(d)
to search for and seize the information referred to in section 144 and, for that purpose,—
(i)
to access any document or data held in a computer system or other data storage device; and
(ii)
to take copies of any document or data, or extracts from any document or data; and
(iii)
to require any person who has a document or data in their possession or under their control to reproduce, or to assist the person executing the warrant to reproduce, in usable form, any information recorded or stored in the document or data.
(2)
A District Court Judge may issue a warrant subject to 1 or more conditions, which may be in addition to, or in place of, the authorisation in subsection (1).
(3)
Each person called on to assist any constable executing a warrant issued under section 144 has the powers described in subsection (1)(a), (c), and (d).
(4)
Nothing in this section authorises the seizure of information that—
(a)
concerns the medical condition or history of any person; or
(b)
is protected by legal professional privilege.
(5)
In this section, computer system has the meaning set out in section 3(1) of the Search and Surveillance Act 2012.
147 Exercise of powers conferred by warrant
Section 131 of the Search and Surveillance Act 2012 applies to the exercise of powers conferred by a warrant issued under section 144, but with the following modifications:
(a)
each reference to a person exercising a search power is to be read as a reference to a constable executing the warrant; and
(b)
each reference to a place is to be read as a reference to the premises stated in the warrant.
148 Disposal of information seized under warrant
(1)
If a constable seizes any information or document under section 146, the constable must—
(a)
give it to one of the following persons:
(i)
the Director-General or a person to whom the Director-General has delegated 1 or more of the Director-General’s functions, duties, or powers under section 23:
(ii)
an authorised Controller:
(iii)
a person to whom an Emergency Management Committee has, for the purposes of this section, delegated 1 or more of its functions, duties, or powers under section 31; or
(b)
if it is no longer required for the purpose for which it was seized, return it to the person from whom it was seized.
(2)
A person to whom a constable gives any information or document under subsection (1)(a) must return it to the person from whom it was seized when the information is no longer required for the purpose for which it was seized.
(3)
This section is subject to section 152 of the Search and Surveillance Act 2012.
Compare: 2002 No 33 s 81
Subpart 3—Declaring transition periods
Interpretation
149 Interpretation of this subpart
In this subpart, unless the context otherwise requires, authorised person means a person authorised or otherwise empowered, under section 53, 54, or 55, to declare a local transition period.
Declaring national transition period
150 Minister may declare national transition period
(1)
This section applies if,—
(a)
in respect of an area,—
(i)
a state of emergency has been declared and is in force; or
(ii)
an emergency arises but no state of emergency has been declared for that area in respect of that emergency; and
(b)
the Minister considers that a national transition period is required.
(2)
The Minister may declare a national transition period that applies to—
(a)
the whole of New Zealand; or
(b)
1 or more areas or districts.
(3)
Before declaring a national transition period, the Minister must—
(a)
be satisfied that enabling the use of the powers in sections 164 to 172 is—
(i)
in the public interest; and
(ii)
necessary or desirable to ensure a timely and effective recovery; and
(b)
have regard to the following matters:
(i)
the areas or districts affected by the emergency:
(ii)
whether the focus of activities in an area or a district is moving from response to recovery, including whether a state of emergency is about to expire or be terminated:
(iii)
the capacity of any Emergency Management Committee and any local authority in an area or a district affected by the emergency to carry out recovery activities.
(4)
If the Minister declares a national transition period, the Minister must advise the House of Representatives as soon as practicable.
Compare: 2002 No 33 s 94A
151 Extending location to which national transition period applies
(1)
This section applies if the Minister has declared a national transition period that applies to an area or a district (the affected location) but not to the whole of New Zealand.
(2)
The Minister may declare that the national transition period is extended to apply to 1 or more further areas or districts, whether or not any of those further areas or districts overlaps or is contiguous with the affected location.
(3)
The Minister may make a declaration under subsection (2) only if the Minister considers that the criteria in section 150(1) apply to each of the further areas or districts.
(4)
The Minister must inform the House of Representatives as soon as practicable if the Minister makes a declaration under subsection (2).
Exercise of powers in sections 153, 155, 159, and 161
152 When authorised persons may exercise certain powers in this subpart
An authorised person may exercise the powers conferred on them by sections 153, 155, 159, and 161 only in respect of an area, district, or ward for which the person is authorised to declare a local transition period.
Declaring local transition period
153 Authorised person may declare local transition period
Declaration by authorised person: state of emergency declared
(1)
Subsection (2) applies if—
(a)
a state of emergency has been declared for or within an area; and
(b)
an authorised person considers that a local transition period is required for that area or for 1 or more districts or wards within that area.
(2)
The authorised person may declare a local transition period that applies to—
(a)
that area; or
(b)
1 or more districts or wards within that area.
Declaration by authorised person: no state of emergency declared
(3)
Subsection (4) applies if—
(a)
an emergency arises but no state of emergency has been declared in an area in respect of that emergency; and
(b)
an authorised person considers that a local transition period is required for that area or for 1 or more districts or wards within that area.
(4)
The authorised person may, with the approval of the Minister, declare a local transition period for—
(a)
that area; or
(b)
1 or more districts or wards within that area.
Authorised person must specify status of existing state of emergency
(5)
Subsection (6) applies if, in respect of an area,—
(a)
a state of emergency has been declared; and
(b)
the authorised person declares a local transition period under subsection (2)(b) or (4)(b) for 1 or more districts or wards within the area.
(6)
The authorised person must, in the declaration, specify, in respect of the remaining districts or wards in the area, whether the state of emergency—
(a)
remains in force; or
(b)
is terminated.
Proof of authority to declare local transition period
(7)
The fact that a person purporting to be authorised under section 53 or 54 declares a local transition period is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so.
Compare: 2002 No 33 s 94B(1), (2), (9), (10)
154 Minister may declare local transition period if authorised person has not done so
Declaration by Minister
(1)
Subsection (2) applies if,—
(a)
in respect of an area,—
(i)
a state of emergency has been declared; or
(ii)
an emergency arises but no state of emergency has been declared for that area in respect of that emergency; and
(b)
in respect of the whole or part of the area,—
(i)
a local transition period has not been declared under section 153(2) or (4); and
(ii)
the Minister considers that a local transition period is required.
(2)
The Minister may declare a local transition period for—
(a)
that area; or
(b)
1 or more districts or wards within that area.
Minister must specify status of existing state of emergency
(3)
Subsection (4) applies if, in respect of an area,—
(a)
a state of emergency has been declared; and
(b)
the Minister declares a local transition period under subsection (2)(b) for 1 or more districts or wards within the area.
(4)
The Minister must, in the declaration, specify, in respect of the remaining districts or wards within the area, whether the state of emergency—
(a)
remains in force; or
(b)
is terminated.
Compare: 2002 No 33 s 94B(3)
155 Declaring local transition period for unaffected location to assist affected location
(1)
Subsection (2) applies if—
(a)
a local transition period is in force for a district or ward within the area of an Emergency Management Committee (the affected location); and
(b)
the Minister or an authorised person considers that the resources of another district or ward in that area that is not affected by an emergency (the unaffected location) are needed to assist the affected location.
(2)
The Minister or the authorised person may declare a further local transition period for the unaffected location.
Compare: 2002 No 33 s 94B(9)
156 Matters Minister or authorised person must consider when declaring or extending local transition period
Requirements applying to Minister and authorised person
(1)
Subsections (3) and (4) apply if the Minister or an authorised person is considering, in accordance with section 153(1)(b) or (3)(b), 154(1)(b)(ii), or 159(1)(b)(i), whether to declare or extend a local transition period under any of those sections.
(2)
Subsection (3) applies if the Minister or an authorised person is considering, in accordance with section 155(1)(b), whether to declare a local transition period under that section.
(3)
The Minister or the authorised person must not declare or extend a local transition period unless satisfied that enabling the use of the powers in sections 164 to 172 is—
(a)
in the public interest; and
(b)
necessary or desirable to ensure a timely and effective recovery.
(4)
In deciding whether to declare or extend a local transition period, the Minister or the authorised person must have regard to—
(a)
the areas, districts, or wards affected by the emergency; and
(b)
whether the focus of activities in an area, district, or ward is moving from response to recovery, including whether a state of emergency is about to expire or be terminated.
Requirement applying only to Minister
(5)
Subsection (6) applies if the Minister is considering, in accordance with section 154(1)(b)(ii) or 159(1)(b)(i), whether to declare or extend a local transition period under either of those sections.
(6)
The Minister must, in a manner the Minister considers appropriate, consult the following bodies and persons:
(a)
all Emergency Management Committees affected by the emergency:
(b)
the mayor of any affected local authority.
(7)
However, subsection (6) does not apply if, in the opinion of the Minister,—
(a)
it is impracticable in the circumstances to apply the requirements of that subsection; or
(b)
the urgency of the situation requires the declaration to be given immediately.
Compare: 2002 No 33 s 94B(4), (5), (7)
157 Local transition period may be concurrent with national emergency declarations
(1)
Sections 153 to 155 apply whether or not—
(a)
a state of national emergency is declared under section 115; or
(b)
a national transition period is declared under section 150.
(2)
However, if a state of national emergency or a national transition period is declared concurrently with a local transition period, section 64 applies.
(3)
A local transition period remains in force if a state of national emergency or a national transition period is subsequently declared in respect of another emergency, even if both emergencies affect the same location.
Commencement, duration, extension, and termination
158 When transition period starts and expires
When transition period starts
(1)
A transition period for an area or a district or ward within an area in respect of which a state of emergency has been declared starts—
(a)
on the expiry of the state of emergency under section 123(1)(b) or 125(2), if the transition period is declared to come into force on the expiry of the state of emergency; or
(b)
on the termination of the state of emergency under section 126.
(2)
In any other case, a transition period comes into force at the time and on the date the transition period is declared.
When transition period expires
(3)
A national transition period expires at the time and on the date that is 90 days after the national transition period comes into force, unless earlier extended or terminated.
(4)
A local transition period expires at the time and on the date that is 28 days after the local transition period comes into force, unless earlier extended or terminated.
Compare: 2002 No 33 s 94C
159 Extending duration of transition period
Extending duration of national transition period
(1)
Subsection (2) applies if—
(a)
a national transition period has been declared and is in force; and
(b)
the Minister—
(i)
considers that an extension to the duration of the national transition period is required; and
(ii)
is satisfied that extending the use of the powers in sections 164 to 172 is—
(A)
in the public interest; and
(B)
necessary or desirable to ensure a timely and effective recovery; and
(iii)
has had regard to the following matters:
(A)
the areas or districts affected by the emergency:
(B)
the capacity of any Emergency Management Committee and any local authority in an area or a district affected by the emergency to carry out recovery activities.
(2)
The Minister may declare that the duration of the national transition period is extended.
(3)
The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (2).
Extending duration of local transition period
(4)
The Minister or an authorised person may declare that the duration of a local transition period is extended if—
(a)
the Minister or authorised person considers that the extension is required; and
(b)
the local transition period has not yet ended.
Extension may apply to smaller location
(5)
The following persons may, in declaring an extension to the duration of a transition period, apply that extended transition period to a smaller location than the location to which it previously applied:
(a)
in the case of a national transition period, the Minister:
(b)
in the case of a local transition period, the Minister or an authorised person.
Example
A local transition period originally applied to 1 area. If its duration is extended, the local transition period may be applied to 1 district in that area but not to the other districts in that area.
(6)
See section 156 for matters that the Minister or the authorised person must consider when extending a local transition period.
Compare: 2002 No 33 s 94D(1)–(4), (8)
160 Further provisions relating to extending transition period
When extension starts and expires
(1)
An extension of the duration of a transition period starts immediately before the transition period would otherwise expire under section 158(3) or (4) or subsection (2), as applicable.
(2)
An extension of the duration of a transition period expires,—
(a)
in the case of a national transition period, at the time and on the date that is 90 days after the extension comes into force, unless terminated earlier; or
(b)
in the case of a local transition period, at the time and on the date that is 28 days after the extension comes into force, unless terminated earlier.
Multiple extensions allowed
(3)
The duration of a transition period may be extended any number of times.
Notification if local transition period extended third or further time
(4)
If a local transition period is extended a third or further time,—
(a)
the person who extends the period (unless the person is the Minister) must notify the Minister of the extension; and
(b)
the person who extends the period must notify the public of the extension in accordance with section 162; and
(c)
the Minister must inform the House of Representatives of the extension as soon as practicable.
Compare: 2002 No 33 s 94D(6), (7), (9)
161 Terminating transition period
Terminating national transition period
(1)
A national transition period is terminated if the Minister—
(a)
declares that the national transition period is terminated; or
(b)
declares a national transition period under section 150(2) for the same emergency that applies to—
(i)
the whole of New Zealand; or
(ii)
the area or district to which an existing national transition period applies.
Terminating local transition period
(2)
A local transition period is terminated if—
(a)
the Minister or an authorised person declares that the local transition period is terminated; or
(b)
the Minister declares a national transition period under section 150(2) for the same emergency that applies to—
(i)
the whole of New Zealand; or
(ii)
the area, district, or ward to which the local transition period applies; or
(c)
an authorised person or the Minister declares another local transition period under section 153 or 154 that applies to the area, district, or ward to which the first local transition period applies.
(3)
Before making a declaration under subsection (2)(a), the Minister must, in a manner the Minister considers appropriate, consult the following bodies and persons:
(a)
an Emergency Management Committee, if the local transition period is in force in, or within, the Committee’s area:
(b)
the mayor of a local authority, if the local transition period is in force in, or within, the local authority’s region or district.
(4)
However, subsection (3) does not apply if, in the opinion of the Minister,—
(a)
it is impracticable in the circumstances to apply the requirements of that subsection; or
(b)
the urgency of the situation requires the termination to be declared immediately.
Effect of termination
(5)
A declaration terminating a transition period ends the transition period when made.
Compare: 2002 No 33 s 94E
162 Form and publication of declarations of transition periods, extensions, and terminations
(1)
This section applies to the following declarations:
(a)
a declaration of a transition period:
(b)
a declaration of the extension of the duration of a transition period:
(c)
a declaration of the termination of a transition period.
(2)
The declaration must—
(a)
specify the time and date on which the declaration is given; and
(b)
specify the areas, districts, or wards to which it applies; and
(c)
otherwise be in the form and manner prescribed in the rules.
(3)
The declaration may include any additional information that the person making the declaration considers relevant.
(4)
A person who makes a declaration must do both of the following:
(a)
as soon as is reasonably practicable, notify the public of the declaration by publishing it on an internet site to which the public has free access:
(b)
ensure that the declaration is published in the Gazette as soon as is reasonably practicable.
Compare: 2002 No 33 ss 94E(5), (6), 94F
Subpart 4—Powers applying during transition periods
Interpretation
163 Interpretation of this subpart
In this subpart, unless the context otherwise requires,—
applicable emergency means the emergency for which a transition period has been declared at the time at which, and in respect of which, the power is exercised
authorised Recovery Manager means any one of the following persons:
(a)
the National Recovery Manager or a person authorised by them under section 22:
(b)
a Regional Recovery Manager or a person authorised by them under section 70:
(c)
a District Recovery Manager or a person authorised by them under section 71:
(d)
a Local Recovery Manager under direction
constable, in sections 168 to 173, means a constable or a person authorised by them under section 174
Local Recovery Manager under direction means a Local Recovery Manager to whom both of the following apply:
(a)
the Local Recovery Manager has been directed, under section 72(2), to perform a function or duty, or exercise a power, of a Regional Recovery Manager in respect of which the Regional Recovery Manager is an authorised Recovery Manager; and
(b)
the terms of the direction permit the Local Recovery Manager to perform the function or duty, or exercise the power, in the circumstances
property means any of the following:
(a)
land:
(b)
a building:
(c)
an animal:
(d)
a vehicle, a ship, or an aircraft:
(e)
earth-moving equipment or construction materials or equipment:
(f)
furniture, bedding, food, or water:
(g)
medicines or medical supplies:
(h)
any other apparatus, implement, equipment, materials, or supplies.
Powers exercised by Minister
164 Minister’s transition period power of direction
Minister may direct Director-General or Committee or person
(1)
Subsection (2) applies if—
(a)
a transition period is in force; and
(b)
the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2).
(2)
The Minister may direct a person or a body specified in subsection (3) to perform or exercise, or to cease to perform or exercise, any of the functions, duties, or powers conferred on that person or body under this Act.
(3)
The persons and bodies the Minister may direct are as follows:
(a)
the Director-General:
(b)
an Emergency Management Committee:
(c)
any other person.
Minister may direct responsible person authorised to exercise powers under Building Act 2004
(4)
Subsection (5) applies if—
(a)
a location is subject to both—
(i)
a transition period; 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 transition period is also the responsible person under that subpart (see section 133BK of the Building Act 2004).
(5)
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.
Minister may direct performance to satisfaction of Director-General
(6)
Subsection (7) applies if, under subsection (2) or (5), the Minister directs an Emergency Management Committee or a person (other than the Director-General) to perform or exercise any function, duty, or power.
(7)
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-General.
Compare: 2002 No 33 s 94J
Application and exercise of powers in sections 167 to 172
165 Application of sections 167 to 172
The powers in sections 167 to 172 apply if a national or local transition period is in force in or within an area.
Compare: 2002 No 33 s 94G
166 Limitations on exercise of powers in sections 167 to 172
When and where authorised Recovery Managers and constables may exercise powers
(1)
An authorised Recovery Manager or a constable may exercise the powers conferred on them by sections 167 to 172—
(a)
if the exercise of the powers is, in the opinion of the authorised Recovery Manager or constable,—
(i)
in the public interest; and
(ii)
necessary or desirable to ensure a timely and effective recovery; and
(iii)
proportionate in the circumstances; and
(b)
in the case of the National Recovery Manager or a person authorised by them under this Act, only during a national transition period; and
(c)
in the case of any other authorised Recovery Manager, only in respect of the area or district for which the authorised Recovery Manager is appointed as a Recovery Manager.
(2)
However, subsection (1)(a) does not apply if, in the opinion of one of the persons specified in section 168(2)(a) to (e), the exercise of the powers in section 168(1) is necessary to preserve human life.
How this section applies to sections 167 to 172
(3)
The requirements in this section are in addition to the requirements (if any) set out in sections 167 to 172 that apply to the exercise of the particular power.
Compare: 2002 No 33 s 94G
Powers exercised by authorised Recovery Managers
167 Transition period powers of authorised Recovery Managers
(1)
An authorised Recovery Manager may—
(a)
carry out or require to be carried out all or any of the following:
(i)
works, including (without limitation) works on land, water, and infrastructure:
(ii)
clearing of roads and other public places:
(iii)
removal, disposal, or securing of, or otherwise making safe, dangerous structures and materials, including structures and materials on private land:
(b)
examine, mark, or take a sample from 1 or more of the following:
(i)
any property:
(ii)
an animal:
(iii)
any other thing:
(c)
provide for the conservation and supply of food, water, fuel, and other essential supplies:
(d)
provide information and advice to the public.
(2)
See section 178, which authorises an authorised Recovery Manager to require information.
Compare: 2002 No 33 s 94H
Powers exercised by authorised Recovery Managers or constables
168 Power to evacuate premises and places
(1)
An authorised Recovery Manager or a constable may direct—
(a)
the evacuation of persons or vehicles from any premises or place, including a public place:
(b)
the exclusion of persons or vehicles from any premises or place, including a public place.
(2)
However, an authorised Recovery Manager or a constable may take an action authorised in subsection (1) only if the action is, in the opinion of one of the following persons, necessary to preserve human life:
(a)
the National Recovery Manager:
(b)
a Regional Recovery Manager:
(c)
a District Recovery Manager:
(d)
a Local Recovery Manager under direction:
(e)
a constable.
Compare: 2002 No 33 s 94K
169 Power to enter premises and places
Power
(1)
An authorised Recovery Manager or a constable may take the action specified in subsection (2) if the authorised Recovery Manager or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following:
(a)
preserve human life, prevent injury to people, or rescue and remove injured or endangered people:
(b)
permit or facilitate carrying out an urgent measure for the relief of suffering or distress of people:
(c)
mitigate unreasonable or unnecessary pain or distress of an animal.
(2)
The authorised Recovery Manager or constable may enter on or into, and if necessary break into, 1 or more of the following:
(a)
premises, other than a marae:
(b)
a place, including a public place:
(c)
a marae, but only for a reason specified in subsection (1)(a) or (b).
Additional requirements relating to subsection (1)(c)
(3)
The authorised Recovery Manager or constable must not exercise the power in subsection (2) for the reason specified in subsection (1)(c) unless—
(a)
the authorised Recovery Manager or constable has first made efforts that are reasonable in the circumstances to contact—
(i)
the owner of the place or premises; or
(ii)
if the owner is not the occupier of the place or premises, the occupier of the place or premises; and
(b)
the authorised Recovery Manager or constable has been unable to contact the owner or, if applicable, occupier of the place or premises.
(4)
An authorised Recovery Manager or constable who enters on or into premises or a place under this section for the reason specified in subsection (1)(c)—
(a)
may, for that purpose, do 1 or more of the following:
(i)
examine, mark, take a sample from, treat, secure, relocate, disinfect, or destroy an animal:
(ii)
pass the animal to a suitable person, who can address the animal’s needs:
(iii)
do anything else, in relation to an animal, that is reasonable in the circumstances; and
(b)
must make efforts that are reasonable in the circumstances to—
(i)
leave the premises or place secured; and
(ii)
contact the owner or, if applicable, occupier of the place or premises to inform them of the action the authorised Recovery Manager or constable has taken.
(5)
In this section, marae has the same meaning as in section 2(1) of the Animal Welfare Act 1999.
Compare: 2002 No 33 s 94L
170 Power to close roads and public places
(1)
An authorised Recovery Manager or a constable may take the action specified in subsection (2) if the authorised Recovery Manager or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following:
(a)
limit or reduce the extent of the applicable emergency:
(b)
prevent potentially negative effects of the applicable emergency.
(2)
The authorised Recovery Manager or constable may prohibit or restrict the following from accessing a road or public place:
(a)
persons, including 1 or more classes or groups of persons:
(b)
vehicles, including 1 or more classes or groups of vehicles.
(3)
A prohibition or restriction under subsection (2) may be total or partial.
Compare: 2002 No 33 s 94M
171 Power to direct or request person to cease activity or take action
An authorised Recovery Manager or a constable may—
(a)
direct a person to cease an activity that may—
(i)
cause, or substantially contribute to the consequences of, an emergency; or
(ii)
prevent, or substantially hinder, recovery from the applicable emergency:
(b)
request a person, verbally or in writing, to take an action to prevent or limit or reduce the consequences of the applicable emergency.
Compare: 1996 No 30 s 137(1)(d), (e); 2002 No 33 s 94N(1)
172 Power to direct owner of structure to obtain assessment
Direction
(1)
An authorised 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 applicable emergency (and any related subsequent events) on the structure:
(b)
the owners of structures of a particular class or type (or the owners’ agents) to obtain assessments of the effect on structures of the class or type they own of the applicable emergency and any related subsequent events.
(2)
The authorised Recovery Manager or constable may take the action authorised by this section only if they are satisfied that the structure or class or type of structure may, in the circumstances, pose a risk—
(a)
of injury to people; or
(b)
to the safety of human life or of property (other than the structure itself).
(3)
A direction 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 completed and given to the person who gave the direction.
(4)
The authorised Recovery Manager or constable must give notice of the direction in accordance with section 173.
What owner must do
(5)
An owner (or owner’s agent) who is given a direction 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 as soon as is reasonably practicable and within the time specified in the direction.
Owner may appeal against direction
(6)
The owner or the owner’s agent may appeal to the District Court against the direction under section 219(1)(a) on the grounds that the direction is unreasonable.
Compare: 2002 No 33 s 94N
Notice requirements under section 172
173 Notice requirements under section 172
(1)
An authorised Recovery Manager or a constable who gives a direction under section 172(1)(a) or (b)—
(a)
must use endeavours that are reasonable in the circumstances to notify the following persons of the direction in accordance with section 218:
(i)
each owner (or owner’s agent) and each occupier of each structure to which the direction applies:
(ii)
each owner (or 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, each structure to which the direction applies.
(2)
A person giving a direction under section 172(1)(b) must also give public notice of the direction that is reasonable in the circumstances.
(3)
A notice given under subsection (1) or (2) must—
(a)
state the reasons for giving the direction; and
(b)
describe the matter to which the direction applies; and
(c)
specify a reasonable time within which the assessment must be completed; and
(d)
if applicable, state where further information may be viewed.
(4)
A notice given under subsection (2) must be published in the Gazette as soon as practicable.
Compare: 2002 No 33 s 94NA
Subpart 5—Provisions applying to this Part
Constables may authorise others to perform or exercise constable’s functions, duties, or powers
174 Constable may authorise person to perform or exercise certain functions, duties, or powers under this Part
(1)
This section applies to a constable who is authorised to perform or exercise a function, duty, or power under 1 or more of the following sections:
(a)
sections 135 to 143 (which relate to functions, duties, and powers that apply in a state of emergency):
(b)
sections 168 to 173 (which relate to functions, duties, and powers that apply in a transition period).
(2)
The constable may authorise another person to perform or exercise that function, duty, or power.
(3)
However, the constable may not authorise another person to perform the constable’s function under section 135(2), 139(2), or 168(2) of forming an opinion about whether an action is necessary to preserve human life.
(4)
Subsection (3) overrides subsection (2).
(5)
If a person is authorised under subsection (2), the constable remains responsible and accountable under this Act for the performance or exercise of the constable’s functions, duties, and powers.
Proof of identity
175 Person exercising emergency powers to provide proof of identity
(1)
A person exercising a specified power conferred on them must—
(a)
have with them evidence of their identity; and
(b)
if requested to do so,—
(i)
produce that evidence; and
(ii)
produce evidence of, or give a general explanation of, the authority under which the person is acting and any power the person is exercising.
2
In this section, specified power means any power conferred by each of the following sections:
(a)
(b)
Reporting requirements
176 Reporting requirements at expiry of state of emergency or transition period
(1)
The reporting requirements set out in subpart 1 of Part 1 of Schedule 4 apply following the expiry or termination of a state of national emergency.
(2)
The reporting requirements set out in subpart 2 of Part 1 of Schedule 4 apply following the expiry or termination of a state of local emergency.
(3)
The reporting requirements set out in subpart 1 of Part 2 of Schedule 4 apply following the expiry or termination of a national transition period.
(4)
The reporting requirements set out in subpart 2 of Part 2 of Schedule 4 apply following the expiry or termination of a local transition period.
Application of Resource Management Act 1991
177 Restricted application of Resource Management Act 1991
(1)
This section applies if a state of emergency or transition period is declared under this Act.
(2)
The Resource Management Act 1991 applies to emergency works as provided for in section 330B of that Act.
Compare: 2002 No 33 s 111
Part 5 Information, enforcement, compensation, appeals, and secondary legislation
Subpart 1—Information
Information for emergency management
178 Power to require information
(1)
This section applies,—
(a)
at all times, to—
(i)
the Director-General or a person to whom the Director-General has delegated 1 or more of the Director-General’s functions, duties, or powers under section 23; and
(ii)
an Emergency Management Committee or a person to whom the Committee has, for the purposes of this section, delegated 1 or more of its functions, duties, or powers under section 31; and
(b)
during a state of emergency, to the following persons:
(i)
the National Controller:
(ii)
a Regional Controller:
(iii)
a District Controller:
(iv)
a Local Controller who—
(A)
has been directed, under section 63(2), to exercise a Regional Controller’s power to require information under this section; and
(B)
is permitted, under the terms of the direction, to exercise the power in the circumstances; and
(c)
during a transition period, to the following persons:
(i)
the National Recovery Manager:
(ii)
a Regional Recovery Manager:
(iii)
a District Recovery Manager:
(iv)
a Local Recovery Manager who—
(A)
has been directed, under section 72(2), to exercise a Regional Recovery Manager’s power to require information under this section; and
(B)
is permitted, under the terms of the direction, to exercise the power in the circumstances.
(2)
A person to whom or a Committee to which this section applies (a recipient) may, by notice in writing, require any person to provide the recipient with information that is,—
(a)
in the opinion of the recipient, reasonably necessary for the recipient to obtain in order to carry out emergency management; and
(b)
in the possession of the person who is asked to provide the information; and
(c)
capable of being provided without unreasonable difficulty or expense.
Person may appeal against requirement to give information
(3)
The person may appeal to the District Court against the requirement to provide information under section 219(1)(b) on the grounds that the requirement is unreasonable.
179 How information is to be provided
(1)
This section applies if a person is required by a recipient to provide information under section 178.
(2)
The information must be given—
(a)
in the form specified by the recipient; and
(b)
within the reasonable time specified by the recipient; and
(c)
free of charge.
Restrictions on disclosure and use of information
180 Medical and legally privileged information not to be disclosed
(1)
This section applies to the following requirements:
(a)
a requirement for an essential infrastructure provider to provide information or advice, or to contribute to a strategy or plan, under section 80:
(b)
a requirement to provide information under section 178.
(2)
Those requirements do not require a person to provide—
(a)
information concerning the medical condition or history of any person; or
(b)
information that is protected by legal professional privilege.
Compare: 2002 No 33 s 82
181 Restrictions on disclosure and use of information
Application
(1)
This section applies to a person who receives information obtained as a result of any of the following:
(a)
a requirement for an essential infrastructure provider to provide information or advice, or to contribute to a strategy or plan, under section 80:
(b)
a direction to obtain an assessment in relation to a structure under section 142(1) or 172(1):
(c)
the execution of a warrant issued under section 144:
(d)
a requirement to give information under section 178.
(2)
This section applies whether or not the person who receives information is the person who required the information, issued the direction, or executed the warrant under the applicable section.
Information must be disclosed or used only for purposes of this Act
(3)
The person may disclose or use that information only for the purposes of this Act.
(4)
However,—
(a)
the person may disclose to a responsible person information that—
(i)
is relevant to the exercise of powers under subpart 6B of Part 2 of the Building Act 2004 in an area for which a state of emergency or transition period has been declared; and
(ii)
is to be used in connection with the exercise of those powers in that area; and
(b)
the person must not use information that an essential infrastructure provider provides when performing an obligation under section 80 to enforce obligations under this Act, other than the obligations in section 80 itself.
Interpretation
(5)
In this section, responsible person has the same meaning as in section 133BB(1) of the Building Act 2004.
Compare: 2002 No 33 s 83
Official information and meetings
182 Application of Local Government Official Information and Meetings Act 1987
(1)
Every Emergency Management Committee is a committee of its local authorities (or in the case of a unitary authority Emergency Management Committee, is a local authority) under the Local Government Official Information and Meetings Act 1987.
(2)
The following persons are statutory officers under the Local Government Official Information and Meetings Act 1987:
(a)
the chief executive of a local authority, and any other employee of a local authority, who is a member of an Emergency Management Co-ordinating Executive Group:
(b)
Regional Controllers, District Controllers, and Local Controllers:
(c)
Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers.
(3)
A meeting of an Emergency Management Co-ordinating Executive Group for the purposes of this Act is not a meeting of a local authority under Part 7 of the Local Government Official Information and Meetings Act 1987.
Subpart 2—Compliance orders
183 Power to serve compliance order
(1)
The Director-General may serve on a person (A) a compliance order that does 1 or more of the following:
(a)
requires A to do something that the Director-General believes, on reasonable grounds, will ensure compliance by A, or on behalf of A, with a legislative requirement:
(b)
requires A to stop anything being done by A, or on behalf of A, that the Director-General believes, on reasonable grounds, contravenes or is likely to contravene a legislative requirement:
(c)
prohibits A from starting anything to be done by A, or on behalf of A, that the Director-General believes, on reasonable grounds, contravenes or is likely to contravene a legislative requirement.
(2)
A compliance order may be made subject to any conditions that are reasonable in the circumstances.
(3)
In this section, legislative requirement means a requirement—
(a)
that is imposed under any of the following:
(i)
this Act:
(ii)
regulations:
(iii)
rules:
(iv)
the national emergency management plan:
(v)
regional emergency management planning standards; and
(b)
that has been in force for at least 6 months before the compliance order to which it relates is served.
184 Compliance with compliance order
(1)
A person on whom a compliance order is served must—
(a)
comply with the order within the period specified in the order; and
(b)
unless the order directs otherwise, pay all the costs and expenses of complying with it.
Person may appeal against compliance order
(2)
The person may appeal to the District Court against the whole or any part of a compliance order under section 219(1)(c) on the grounds that the compliance order, or the part of it being appealed against, is unreasonable.
185 Form and content of compliance order
A compliance order must state—
(a)
the name of the person to whom it relates; and
(b)
the reasons for the order; and
(c)
the action required to be taken, stopped, or not taken; and
(d)
if applicable, the period within which the action must be taken or stopped, being a reasonable period within which to take the action required or to stop the action; and
(e)
the right of appeal under section 219(1)(c).
186 Director-General may amend or revoke compliance order
(1)
The Director-General may amend or revoke a compliance order.
(2)
However, during the appeal period for a compliance order, the Director-General may amend or revoke the compliance order only if—
(a)
the Director-General receives new information that relates to the compliance order; or
(b)
the person on whom the compliance order is served consents to the amendment or revocation; or
(c)
an appeal is brought against part of the compliance order only and the amendment or revocation does not materially affect that part of the compliance order.
(3)
In this section, appeal period means, in relation to a compliance order,—
(a)
the period during which the person on whom the compliance order is served has a right to appeal to the District Court under section 219(1)(c) against the compliance order; and
(b)
if the person appeals to the District Court against the whole or part of the compliance order,—
(i)
the period during which the compliance order is the subject of that appeal; and
(ii)
after that appeal is determined, the period during which a person has a right to appeal to the High Court under section 221(1) against the District Court’s decision; and
(c)
if a person appeals to the High Court against the District Court’s decision in relation to the compliance order, the period during which the compliance order is the subject of that appeal.
187 Civil proceedings relating to non-compliance with compliance order
(1)
On application by the Director-General, the District Court may make an order—
(a)
compelling a person to comply with a compliance order; or
(b)
restraining a person from contravening a compliance order.
(2)
The District Court may make an order—
(a)
under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a compliance order:
(b)
under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance order.
(3)
The District Court may make an order under this section—
(a)
whether or not proceedings have been brought for an offence against this Act in connection with any matter in relation to which the compliance order was issued; and
(b)
whether or not the compliance period for the compliance order has expired.
(4)
In this section, compliance period means, in relation to a compliance order, the period specified in the order within which the person on whom the order is served must comply with the order.
Subpart 3—Offences
188 Offence involving failure to comply with requirement in emergency management plan
(1)
A person commits an offence if the person intentionally fails or refuses to comply with a requirement in an emergency management plan.
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000:
(b)
in any other case, to a fine not exceeding $150,000.
189 Offence involving failure to comply with direction to evacuate premises or place
(1)
A person commits an offence if the person intentionally fails to comply with a direction given to them under section 135 or 168.
(2)
It is a defence to any proceedings for an offence against this section if the court is satisfied that the authorised Controller, authorised Recovery Manager, or constable did not have reasonable grounds for believing that in all the circumstances of the case the requirement was necessary to preserve human life.
(3)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000:
(b)
in any other case, to a fine not exceeding $100,000.
(4)
In this section, authorised Controller and authorised Recovery Manager have the meanings given in sections 128 and 163.
190 Offence involving withholding assessment or giving false or misleading information in assessment
(1)
A person commits an offence if the person, when directed under section 142(1) or 172(1) to obtain an assessment,—
(a)
intentionally fails or refuses to obtain the assessment within the time specified in the direction; or
(b)
intentionally fails or refuses to provide the assessment to the person who gave the direction within the time specified in the direction; or
(c)
knowingly provides in the assessment false or misleading information to the person who gave the direction.
(2)
No prosecution may be brought under this section—
(a)
before the time for appeal against a direction to obtain an assessment in relation to a structure has expired under section 219(2)(a); and
(b)
if a person appeals under section 219(1)(a) or 221(1), until the determination of the appeal.
(3)
However, subsection (2)(b) does not apply to the extent that—
(a)
the appeal relates to a part of the direction only; and
(b)
the prosecution relates to conduct in respect of a part of the direction that is not appealed against.
(4)
Subsection (2)(b) applies despite anything to the contrary in section 25 of the Criminal Procedure Act 2011.
(5)
A person who commits an offence against subsection (1)(a) or (b) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:
(b)
in any other case, to a fine not exceeding $50,000.
(6)
A person who commits an offence against subsection (1)(c) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000:
(b)
in any other case, to a fine not exceeding $60,000.
191 Offence involving failure to comply with prohibition or restriction on access to road or public place
(1)
A person commits an offence if the person intentionally fails to comply with any prohibition or restriction imposed under section 137 or 170.
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000:
(b)
in any other case, to a fine not exceeding $100,000.
192 Offence involving requisitioning
(1)
A person commits an offence if the person—
(a)
intentionally fails to comply with any direction given to them under section 139(2); or
(b)
intentionally fails to provide assistance under section 139(5).
(2)
It is a defence in any proceedings for an offence against subsection (1)(a) if the court is satisfied that the authorised Controller or constable who gave the direction requisitioning property did not have reasonable grounds for believing that in all the circumstances of the case the direction was necessary to preserve human life.
(3)
It is a defence in any proceedings for an offence against subsection (1)(b) if the court is satisfied that the person had reasonable grounds for not providing assistance.
(4)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000:
(b)
in any other case, to a fine not exceeding $100,000.
(5)
In this section, authorised Controller has the meaning given in section 128.
193 Offence involving failure to comply with direction
(1)
A person commits an offence if the person intentionally fails to comply with a direction given under section 141(a) or 171(a).
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000:
(b)
in any other case, to a fine not exceeding $150,000.
194 Offence involving withholding information or giving false or misleading information
(1)
A person commits an offence if the person, when required under section 178 to provide information,—
(a)
intentionally fails or refuses to supply the information within the period specified in the request; or
(b)
knowingly gives false or misleading information.
(2)
No prosecution may be brought under this section—
(a)
before the time for appeal against the requirement to give information has expired under section 219(2)(a); and
(b)
if a person appeals under section 219(1)(b) or 221(1), until the determination of the appeal.
(3)
However, subsection (2)(b) does not apply to the extent that—
(a)
the appeal relates to a part of the requirement to give information only; and
(b)
the prosecution relates to conduct in respect of a part of the requirement that is not appealed against.
(4)
Subsection (2)(b) applies despite anything to the contrary in section 25 of the Criminal Procedure Act 2011.
(5)
A person who commits an offence against subsection (1)(a) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:
(b)
in any other case, to a fine not exceeding $50,000.
(6)
A person who commits an offence against subsection (1)(b) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $30,000:
(b)
in any other case, to a fine not exceeding $100,000.
195 Offence involving disclosure or use of information
(1)
A person who intentionally discloses or uses information in breach of section 80(g) or 181 commits an offence.
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000:
(b)
in any other case, to a fine not exceeding $150,000.
196 Offence involving failure to comply with compliance order
(1)
A person commits an offence if the person, without reasonable excuse, fails to comply with a compliance order served under section 183.
(2)
A person who commits an offence against this section is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $75,000:
(b)
in any other case, to a fine not exceeding $300,000.
197 Offence involving obstruction
(1)
A person commits an offence if the person, during a state of emergency or transition period, threatens, or intentionally obstructs or hinders, a person in that person’s performance or exercise of a function, duty, or power under this Act.
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000:
(b)
in any other case, to a fine not exceeding $150,000.
198 Offence involving personation
(1)
A person commits an offence if the person by words, conduct, or demeanour intentionally personates or falsely represents themselves to be any of the following persons:
(a)
the Director-General:
(b)
a Controller:
(c)
a Recovery Manager:
(d)
a member of an Emergency Management Committee:
(e)
a person acting under the authority of a person specified in any of paragraphs (a) to (d):
(f)
a person authorised or employed to perform or exercise a function, duty, or power under this Act or an emergency management plan.
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000:
(b)
in any other case, to a fine not exceeding $150,000.
Subpart 4—Compensation, civil liability, and other protections
199 Interpretation of this subpart
In this subpart, compensatory amount means, in relation to a person’s property, either or, if applicable, both of the following:
(a)
the monetary amount that a person has recovered or reasonably expects to recover under a contract of insurance for loss of, or damage to, the relevant property:
(b)
the monetary amount that a person has received or reasonably expects to receive as a result of damages, compensation, or an ex gratia payment for loss of, or damage to, the relevant property.
Compensation for persons whose property is requisitioned
200 Compensation for persons whose property is requisitioned during state of emergency
Application
(1)
This section applies if, as a result of an exercise of a power under section 139, requisitioned property has come under the control and direction of 1 or more of the following (emergency management control):
(a)
a Controller:
(b)
an Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 31:
(c)
a constable or a person authorised by them under this Act.
Entitlement to compensation
(2)
On the application of any person with an interest in the requisitioned property, reasonable compensation is payable to that person for either or both of the following, if applicable:
(a)
if the requisitioned property has been used while under emergency management control, the value of the use of the property less any compensatory amount that the person receives or reasonably expects to receive:
(b)
if the requisitioned property has suffered any loss or damage while under emergency management control, the reduction in the value of the property less any compensatory amount that the person receives or reasonably expects to receive.
Compare: 2002 No 33 s 107(1)–(5)
201 Who is liable to pay compensation to persons whose property is requisitioned
(1)
This section sets out who is liable to pay compensation due under section 200.
When compensation is payable by the Crown
(2)
The compensation is payable by the Crown, out of money appropriated by Parliament for the purpose, if the requisitioned property has come under the control and direction of either of the following:
(a)
the National Controller or a person authorised by them under this Act:
(b)
a constable or a person authorised by them under this Act.
When compensation is payable by Emergency Management Committee
(3)
The compensation is payable by an Emergency Management Committee if the requisitioned property has come under the control and direction of any of the following:
(a)
the Committee:
(b)
the Regional Controller for the Committee’s area:
(c)
a Local Controller for the Committee.
When compensation is payable by territorial authority
(4)
The compensation is payable by a territorial authority if the requisitioned property has come under the control and direction of a District Controller for the territorial authority.
Compare: 2002 No 33 s 107(2), (4)
Compensation for loss or damage to personal property
202 Compensation for loss or damage to personal property while performing emergency management
Application
(1)
This section applies to the following persons if that person suffers loss of, or damage to, personal property as a result of the person performing or exercising a function, duty, or power during a state of emergency or transition period:
(a)
a person who carries out emergency management under the direction of the Director-General, an Emergency Management Committee, a Controller, or a Recovery Manager:
(b)
a member of an Emergency Management Committee.
(2)
This section also applies to any other person or class of persons that the Minister determines should be eligible to apply for compensation under this section, provided that both of the following criteria are met:
(a)
the person or class of persons has suffered loss of, or damage to, personal property:
(b)
that loss or damage is a result of the person or class of persons carrying out emergency management during a state of emergency or transition period.
(3)
However, this section does not apply if the person is eligible to apply for compensation under section 200.
Entitlement to compensation
(4)
On the application of a person to whom this section applies, compensation is payable to that person that is equal to either of the following:
(a)
if the personal property has been lost, the value of the property less any compensatory amount that the person receives or reasonably expects to receive:
(b)
if the personal property has been damaged, the reduction in the value of the property less any compensatory amount that the person receives or reasonably expects to receive.
Minister must notify class determination
(5)
If the Minister determines, under subsection (2), that this section applies to a class of persons, the Minister must, by notice in the Gazette, notify that determination as soon as practicable.
This section does not limit entitlement under Social Security Act 2018
(6)
Nothing in this section limits or affects the entitlement of any person to any benefit under the Social Security Act 2018.
(7)
Subsection (6) applies despite anything to the contrary in that Act.
Compare: 2002 No 33 s 108
203 Who is liable to pay compensation for loss or damage to personal property while performing emergency management
(1)
This section sets out who is liable to pay compensation due under section 202.
When compensation is payable by the Crown
(2)
The compensation is payable by the Crown, out of money appropriated by Parliament for the purpose, if the person entitled to the payment—
(a)
was, at the time of the loss or damage, carrying out emergency management under the direction or control of any of the following:
(i)
the Director-General or a person to whom the Director-General had delegated 1 or more of the Director-General’s functions, duties, or powers under section 23:
(ii)
the National Controller or a person authorised by them under section 20:
(iii)
the National Recovery Manager or a person authorised by them under section 22; or
(b)
is a person or a member of a class of persons to whom the Minister has determined section 202 applies.
When compensation is payable by Emergency Management Committee
(3)
The compensation is payable by an Emergency Management Committee if the person entitled to the payment was, at the time of the loss or damage, carrying out emergency management under the direction or control of any of the following:
(a)
the Committee:
(b)
the Regional Controller or Regional Recovery Manager for the Committee’s area:
(c)
a Local Controller or Local Recovery Manager for the Committee.
When compensation is payable by territorial authority
(4)
The compensation is payable by a territorial authority if the person entitled to the payment was, at the time of the loss or damage, carrying out emergency management under the direction or control of a District Controller or District Recovery Manager for the territorial authority.
Compare: 2002 No 33 s 108(5)
Provisions applying to sections 200 to 203
204 When compensation is payable by more than 1 party
(1)
This section applies if compensation is payable under section 201 or 203 by more than 1 of the following parties:
(a)
the Crown:
(b)
an Emergency Management Committee:
(c)
a territorial authority.
(2)
Unless those parties agree otherwise, the compensation payable must be divided equally among the parties and each party must pay 1 share of the cost.
205 Court may hear dispute about compensation under section 200 or 202
A dispute relating to 1 or more of the following matters that arises in relation to section 200 or 202 may be determined by a court of competent jurisdiction:
(a)
the entitlement of a person to compensation under the applicable section:
(b)
the amount of compensation payable:
(c)
the liability of the Crown, an Emergency Management Committee, or a territorial authority to pay compensation.
Compensation for loss or damage due to exercise of other powers
206 Interpretation of sections 207 to 211
In sections 207 to 211,—
personal property does not include livestock or other animals
property means—
(a)
real property; and
(b)
livestock; and
(c)
personal property
relevant person means any one of the following persons:
(a)
the Director-General or a person to whom the Director-General has delegated 1 or more of the Director-General’s functions, duties, or powers under section 23:
(b)
an Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 31:
(c)
a Controller or a person authorised by them under this Act:
(d)
a Recovery Manager or a person authorised by them under this Act:
(e)
a constable or a person authorised by them under this Act:
(f)
a local authority:
(g)
a chief executive of a territorial authority or a person to whom the chief executive has delegated the chief executive’s role under section 48.
207 Compensation for loss or damage due to exercise of other powers during emergency declarations or if threat of an emergency is imminent
Application of this section
(1)
This section applies to a person—
(a)
who has suffered loss of, or damage to, property as a result of an action or a measure specified in subsection (3); and
(b)
for whom the benefit, or the likely benefit, of the action or measure is disproportionately less than the loss or damage.
(2)
However, this section does not apply if the person is eligible to apply for compensation under section 200 or 202 in relation to the same loss or damage.
(3)
The actions or measures are actions or measures taken—
(a)
in the exercise in good faith of a power under sections 135 to 142 or 168 to 172 by 1 or more of the following persons:
(i)
a Controller or a person authorised by them under this Act:
(ii)
a Recovery Manager or a person authorised by them under this Act:
(iii)
a constable or a person authorised by them under section 174; or
(b)
in performing or exercising in good faith the relevant person’s functions, duties, or powers under this Act, if the relevant person (see section 206)—
(i)
considers that an imminent threat of an emergency exists; and
(ii)
intends the actions or measures taken to be precautionary or preventive in nature to lessen the impact of an emergency.
Person may apply to court for compensation
(4)
A person to whom this section applies may apply to a court for an order for compensation for loss or damage to the person’s property.
(5)
An application under subsection (4)—
(a)
may be brought only for direct loss or damage suffered in relation to property; and
(b)
may be brought only in respect of uninsured loss or damage that does not exceed the replacement value of that property; and
(c)
must not be brought by a provider of insurance in relation to any person who has insured against the loss or damage.
(6)
In determining an application brought under subsection (4), the court must apply the following sections:
(a)
section 208 (in relation to the court’s consideration of an action or a measure described in subsection (3) of this section):
(b)
section 209 (in relation to determining compensation for loss of, or damage to, personal property):
(c)
section 210 (in relation to determining compensation for loss of, or damage to, any other property).
(7)
If the court orders the payment of compensation under this section, it must do so in accordance with section 211.
Compare: 2002 No 33 s 109(1), (6), (10)
208 Matters court must take into account in considering action or measure
The court, in determining an application for an order under section 207(4), must take into account the following matters in respect of an action or a measure described in section 207(3):
(a)
the likelihood that the adverse effect that the action or measure was intended to avert would have occurred if the action or measure had not been taken:
(b)
the extent of the loss or damage caused by the action or measure taken.
Compare: 2002 No 33 s 109(5)
209 Matters court must take into account in determining compensation: personal property
(1)
The court must determine the payment of compensation for loss of, or damage to, the applicant’s personal property in accordance with this section.
Compensation payable only in respect of certain classes of personal property
(2)
Compensation may be paid only in respect of the following classes of personal property:
(a)
personal property that is not insured:
(b)
personal property that is insured for an amount that is less than $40,000:
(c)
personal property that is insured for an amount that is $40,000 or more, to the extent that the personal property is insured for an amount that is less than the replacement value of the personal property.
Limit on total liability for personal property
(3)
Liability for the loss of, or damage to, personal property resulting from an action or measure must not exceed $40,000 for an application.
Examples
If an application is in respect of uninsured personal property that has a replacement value of more than $40,000, the applicant is able to claim compensation of up to $40,000.
If an application is in respect of personal property that has a replacement value of more than $40,000 but is insured for $20,000, the applicant is able to claim compensation of up to $20,000.
If an application is in respect of personal property that has a replacement value of $100,000 but is insured for $50,000, the applicant is able to claim compensation of up to $40,000.
(4)
If an applicant has made more than 1 application under section 207(4) in relation to the same action or measure, the compensation determined must be reduced to reflect any compensation awarded in relation to personal property in a previous application.
Compare: 2002 No 33 s 109(4), (7)
210 Matters court must take into account in determining compensation: other property
(1)
The court must determine the payment of compensation for loss of, or damage to, any property of the applicant to which section 209 does not apply in accordance with this section.
Liability must not exceed replacement value
(2)
Liability for the loss of, or damage to, property must not exceed the replacement value of the property.
Compensation for insured property
(3)
In the case of insured property, liability is covered—
(a)
by a contract of insurance that covers the property regardless of how it describes loss or damage; and
(b)
with respect to any loss or damage exceeding the cover of that contract of insurance, in the following manner:
(i)
by the Crown if the action or measure that caused the loss or damage was taken by a person specified in section 211(1):
(ii)
by the local authority members of the responsible Emergency Management Committee or Committees if the action or measure that caused the loss or damage was taken by a person specified in section 211(2):
(iii)
by a territorial authority if the action or measure that caused the loss or damage was taken by a person specified in section 211(3):
(iv)
by a regional council if the action or measure that caused the loss or damage was taken by the regional council itself.
Compensation for uninsured property
(4)
In the case of uninsured property, liability is covered in the manner specified in subsection (3)(b)(i) to (iii).
Compensation if emergency is natural hazard
(5)
Despite this section, if an emergency or anticipated emergency is a natural hazard—
(a)
within the meaning of section 5(1) of the Natural Hazards Insurance Act 2023, the loss or damage is to be treated as natural hazard damage for the purposes of that Act; or
(b)
within the meaning given to that term in a policy or contract of insurance, the loss or damage is to be treated as natural hazard damage for the purposes of that policy or contract of insurance.
Compare: 2002 No 33 s 109(4), (7), (8)
211 Parties from whom person may recover compensation under section 207
Court may order payment of compensation by the Crown
(1)
The court may order the payment of compensation by the Crown, out of money appropriated by Parliament for the purpose, if the action or measure to which an application relates was taken by 1 or more of the following:
(a)
the National Controller or a person authorised by them under section 20:
(b)
the National Recovery Manager or a person authorised by them under section 22:
(c)
the Director-General or a person to whom the Director-General had delegated 1 or more of the Director-General’s functions, duties, or powers under section 23:
(d)
a constable or a person authorised by them under this Act.
Court may order payment of compensation by Emergency Management Committee
(2)
The court may order the payment of compensation by an Emergency Management Committee if the action or measure to which an application relates was taken by 1 or more of the following:
(a)
the Committee or a person to whom the Committee had delegated 1 or more of its functions, duties, or powers under section 31:
(b)
the Regional Controller or Regional Recovery Manager for the Committee’s area or a person authorised by the Regional Controller or Regional Recovery Manager under section 61 or 70 (as applicable):
(c)
a Local Controller or Local Recovery Manager for the Committee or a person authorised by the Local Controller or Local Recovery Manager under this Act.
Court may order payment of compensation by territorial authority
(3)
The court may order the payment of compensation by a territorial authority if the action or measure to which an application relates was taken by 1 or more of the following:
(a)
the territorial authority itself:
(b)
the chief executive of the territorial authority or a person to whom the chief executive had delegated the chief executive’s power under section 48:
(c)
a District Controller or District Recovery Manager or a person authorised by a District Controller or District Recovery Manager under section 62 or 71.
Court may order payment of compensation by regional council
(4)
The court may order the payment of compensation by a regional council if the action or measure to which an application relates was taken by the regional council itself.
Compare: 2002 No 33 s 109(2)–(3B)
212 Crown, Emergency Management Committee, or territorial authority may make ex gratia payment
Nothing in sections 207 to 211 prevents the Crown, an Emergency Management Committee, or a territorial authority from making an ex gratia payment it considers justifiable on the basis of hardship or fairness.
Compare: 2002 No 33 s 109(9)
Recovery of costs by Emergency Management Committee
213 Emergency Management Committee may recover certain costs from other Committee
(1)
This section applies if an Emergency Management Committee (Committee A) agrees, under section 29(1)(f) or 30(2)(g), to undertake emergency management at the request of another Emergency Management Committee (Committee B).
(2)
Committee A may recover as a debt due to it from Committee B all actual and reasonable costs and expenses incurred for that emergency management.
(3)
Subsection (2) does not apply to compensation Committee A is ordered to pay in relation to an application for compensation under section 207.
(4)
The Committees may agree to override this section.
Compare: 2002 No 33 s 113
Civil liability
214 Protection from liability in civil proceedings for act or omission
Protection for person performing or exercising functions, duties, and powers under this Act
(1)
Subsection (2) applies to the following persons:
(a)
the Crown:
(b)
an Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 31:
(c)
a member of an Emergency Management Committee:
(d)
an officer or employee of the Crown or an Emergency Management Committee:
(e)
any other person with functions, duties, or powers under this Act.
(2)
The person is protected from liability in civil proceedings for any act that the person does or omits to do in performing or exercising in good faith the person’s functions, duties, or powers under this Act if—
(a)
the person does or omits to do the thing directly or indirectly in relation to a state of emergency or transition period; or
(b)
the person—
(i)
considers that an imminent threat of an emergency exists; and
(ii)
intends the actions or measures taken to be precautionary or preventive in nature to lessen the impact of an emergency.
Protection for person acting under direction of person performing or exercising functions, duties, and powers under this Act
(3)
Subsection (4) applies to a person (B) acting under the direction of a person (C) who is performing or exercising a function, duty, or power under this Act.
(4)
B is protected from liability in civil proceedings for any act that B does or omits to do while acting under the direction of C if—
(a)
B does or omits to do the thing directly or indirectly in relation to a state of emergency or transition period; or
(b)
C—
(i)
considers that an imminent threat of an emergency exists; and
(ii)
intends the actions or measures B takes to be precautionary or preventive in nature to lessen the impact of an emergency.
Compare: 2002 No 33 s 110
215 Protection from liability in civil proceedings for issue of, or failure to issue, warning
(1)
This section applies to a person who issues or fails to issue a warning in respect of a hazard in accordance with this Act (whether or not in connection with a state of emergency or transition period), including a person to whom the Director-General or an Emergency Management Committee has delegated 1 or more of its functions, duties, or powers under section 23 or 31 (as applicable).
(2)
The person is protected from liability in civil proceedings relating to loss or damage that is due, directly or indirectly, to the issue of, or failure to issue, the warning.
216 Limits on protections in sections 214 and 215
(1)
Sections 214 and 215 do not apply to an act or omission of a person that constitutes bad faith or gross negligence.
(2)
Section 214 is subject to sections 200 to 200.
Compare: 2002 No 33 s 110(3)
Employment rights not affected
217 Absence on duty not to affect employment rights
(1)
This section applies to a person who, during a state of emergency or transition period, is absent from the person’s usual employment for either of the following reasons:
(a)
the Director-General, a Controller, or a Recovery Manager requires the person to carry out or exercise emergency management functions, duties, or powers:
(b)
the person is a member of an organisation that the Director-General, a Controller, or a Recovery Manager requires to carry out or exercise emergency management functions, duties, or powers.
(2)
The person’s usual employer must not do any of the following because of the absence:
(a)
dismiss the person:
(b)
threaten the person with dismissal:
(c)
do any other act that affects either or both of the following to the person’s disadvantage:
(i)
the person’s employment:
(ii)
1 or more of the conditions of the person’s employment.
(3)
Subsection (2) applies whether or not the person’s usual employer has consented to that absence.
(4)
This section does not impose on the person’s usual employer any obligation to pay the person remuneration in respect of a period of absence from employment while carrying out or exercising emergency management functions, duties, or powers.
Compare: 2002 No 33 s 112
Subpart 5—Service of documents and appeals
Service of documents
218 Service of documents
How document must be served
(1)
If a document is to be served on a person for the purposes of this Act, it must be given in writing to the person—
(a)
by delivering it personally to the person (other than a Minister of the Crown) or by an agent (such as a courier); or
(b)
by sending it by post addressed to the person at the person’s usual or last known place of residence or business; or
(c)
by sending it by email to the person at an email address that is used by the person.
What is treated as service
(2)
If a document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) must be treated as service on the body.
(3)
If a document is to be served on an Emergency Management Committee for the purposes of this Act, service on the chairperson of the Committee or the administering authority of the Committee in accordance with subsection (1) must be treated as service on the Committee.
(4)
If a document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) must be treated as service on the partnership.
Service by post
(5)
In the absence of proof to the contrary, a document sent to a person in accordance with subsection (1)(b) must be treated as having been received by the person when it would have been delivered in the ordinary course of the post.
(6)
In proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.
Service by email
(7)
In the absence of proof to the contrary, a document sent to a person in accordance with subsection (1)(c) must be treated as having been given or provided to the person on the next working day after the date on which it is emailed.
(8)
In proving that the notice was emailed, it is sufficient to prove that it was properly addressed and sent to the email address.
Compare: 2002 No 33 s 114
Appeals
219 Appeals
(1)
This section applies if a person appeals to the District Court against any of the following:
(a)
a direction to obtain an assessment in relation to a structure under section 142(1) or 172(1):
(b)
a requirement to give information under section 178:
(c)
the whole or any part of a compliance order served under section 183.
(2)
An appeal under—
(a)
subsection (1)(a) or (b) must be brought within 10 working days after the day on which the direction or requirement first comes to the person’s notice:
(b)
subsection (1)(c) must be brought within 20 working days after the day on which the compliance order is served on the person.
(3)
The court must inquire into the direction, requirement, or compliance order and may—
(a)
confirm or vary the direction, requirement, or compliance order; or
(b)
set aside the direction or requirement, or cancel the compliance order; or
(c)
set aside the direction or requirement and substitute another direction or requirement that the court considers appropriate; or
(d)
cancel the compliance order and substitute another compliance order that the court considers appropriate; or
(e)
refer the direction, requirement, or compliance order back to the decision-maker with the court’s opinion, together with any directions as to how the matter should be dealt with.
(4)
Any relief granted to a person appealing under subsection (1)(a) must be limited to the reasonable costs associated with obtaining the assessment under section 142 or 172.
Compare: 2002 No 33 ss 77, 91(6)–(8), 94N(6)–(8)
220 Effect of bringing appeal
Appeal against requirement to give information
(1)
An appeal under section 219(1)(b) against a requirement to give information operates as a stay of the requirement.
(2)
See section 186(2) for limitations on the Director-General’s power to amend or revoke a compliance order that is the subject of an appeal.
Appeal against compliance order
(3)
An appeal under section 219(1)(c) against a compliance order does not operate as a stay of the compliance order unless the court orders otherwise.
Compare: 2002 No 33 s 77(4)
221 Appeal to High Court on question of law
(1)
A person may appeal to the High Court against a decision by the District Court that determines an appeal under section 219(1).
(2)
The appeal may be brought only on a question of law.
(3)
An appeal must be made by giving notice of appeal within—
(a)
20 working days after the date on which notice of the decision is communicated to the appellant; or
(b)
any further time that the High Court may allow.
Subpart 6—Secondary legislation
Regulations
222 Regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
(a)
prescribing the form of distinguishing warrants, badges, or other insignia for emergency management personnel, and regulating the use and wearing of those warrants, badges, or other insignia:
(b)
prohibiting or regulating any activity or class of activities that may impede or adversely affect measures taken for the purpose of implementing an emergency management plan:
(c)
prescribing matters that an essential infrastructure provider, or a class of essential infrastructure providers, must address in a plan developed in accordance with section 80(b):
(d)
prescribing fines for the breach of any regulation or rule not exceeding—
(i)
$2,000 for an individual; or
(ii)
$10,000 in any other case:
(e)
specifying how access to restricted areas is to be managed:
(f)
providing for anything that this Act says may or must be provided for by regulations:
(g)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
Before recommending the making of regulations under this section, the Minister must—
(a)
consult persons and organisations as the Minister thinks appropriate; and
(b)
in the case of regulations made under subsection (1)(c), have regard to obligations placed on an essential infrastructure provider, under other legislation, that require continuity of service.
(3)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2002 No 33 s 115
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
223 Minister must consider alternatives, benefits and costs, and appropriateness before recommending making of regulations
Application
(1)
This section applies to the Minister if the Minister intends to recommend the making of regulations under section 222 that impose requirements on a person other than the following persons or bodies:
(a)
the Minister:
(b)
the Director-General:
(c)
1 or more Emergency Management Committees (or their employees or agents).
Duty
(2)
The Minister must, before recommending the making of regulations,—
(a)
have regard to—
(i)
the extent, if any, to which the regulations are necessary to achieve the purpose of this Act; and
(ii)
other means in addition to or in place of the regulations that may be used for the purpose of this Act, including providing information, services, or incentives; and
(b)
evaluate the likely benefits and costs of—
(i)
making the regulations; and
(ii)
implementing the principal alternative means available for achieving the intended purpose; and
(iii)
taking no action (unless this Act requires otherwise); and
(c)
be satisfied that the regulations—
(i)
are necessary or desirable to achieve the purpose of this Act; and
(ii)
are the most appropriate means to achieve that purpose, having regard to their efficiency and effectiveness relative to other means.
Compare: 2002 No 33 s 65
Rules
224 Minister’s power to make rules
(1)
The Minister may make rules for all or any of the following purposes:
(a)
prescribing forms for the purposes of this Act, regulations, or rules:
(b)
prescribing technical and data standards, performance standards, operating practices, procedures, and systems, organisational arrangements, training and training requirements, and qualifications for the purposes of this Act:
(c)
prescribing reporting requirements for the purposes of this Act that are additional to the reporting requirements in this Act:
(d)
prescribing the form of identification passes for emergency management purposes and regulating their use:
(e)
prescribing the level of competence or standard to be met by persons carrying out specified emergency management functions:
(f)
prescribing matters relating to providing, maintaining, controlling, and operating warning systems:
(g)
providing for identifying and promoting emergency management services:
(h)
providing for anything that this Act says may or must be provided for by rules:
(i)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
Rules made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
225 Procedure for making rules
(1)
Before making a rule under section 224, the Minister must—
(a)
give public notice of the Minister’s intention to make the rule and a statement specifying the objective of the rule; and
(b)
give interested persons reasonable time (as specified in the notice) to make submissions on the proposed rule; and
(c)
consult the Director-General; and
(d)
consult other persons and groups as the Minister thinks fit; and
(e)
have regard to the following matters:
(i)
the purpose of this Act:
(ii)
the costs of implementing measures for which the rule is being proposed:
(iii)
any other matters that the Minister considers appropriate in the circumstances.
(2)
The Minister may make a minor change to a rule without meeting the requirements in subsection (1).
(3)
In this section, minor change, in relation to a rule, means a change that the Minister is satisfied will have—
(a)
no effect, or no likely effect, on the rights of any person; and
(b)
no effect, or no more than a minor effect, on the obligations of any person.
226 Director-General may grant exemptions from compliance with rules
(1)
The Director-General may, if the Director-General thinks it appropriate and on any terms or conditions that the Director-General thinks fit, exempt from compliance with 1 or more requirements of a rule made under section 224—
(a)
1 or more named persons specified by the Director-General; and
(b)
a class of persons, organisations, or other things.
(2)
However, the Director-General must not grant an exemption from a requirement of a rule if the relevant rule provides that no exemptions from the requirement may be granted.
(3)
The exemption may apply for any period that is less than 3 years.
(4)
The breach of a term or condition of an exemption granted under subsection (1) is a breach of the provision to which the exemption relates (unless the terms of the exemption provide otherwise).
(5)
The Director-General must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette at intervals not longer than 3 months.
(6)
The Director-General must, in granting an exemption under subsection (1)(b),—
(a)
specify in the exemption the requirements of the rules from which the class of persons, organisations, or other things is exempt; and
(b)
record in the exemption any applicable terms and conditions; and
(c)
publish together with the exemption the Director-General’s reasons for granting the class exemption.
(7)
An exemption under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
227 Procedure for granting exemption
(1)
Before granting an exemption, the Director-General must be satisfied that—
(a)
the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
(b)
the exemption is consistent with the purpose of this Act.
(2)
An exemption—
(a)
takes effect on the date specified in the exemption (which, for an exemption under section 226(1)(b), must not be a date earlier than the date on which the class exemption is published under the Legislation Act 2019); and
(b)
expires on the earlier of the following to occur unless it is sooner replaced or revoked:
(i)
an expiry date specified in the exemption:
(ii)
the close of the day that is 3 years after the date on which the exemption took effect.
Incorporation of material by reference in secondary legislation
228 Incorporation by reference in secondary legislation
(1)
This section applies if section 64 of the Legislation Act 2019 is relied on to incorporate material by reference in secondary legislation made under this Act.
(2)
If this section applies, sections 63 to 66 and Schedule 2 of the Legislation Act 2019 apply with the following modifications:
(a)
clause 1 of that schedule does not apply:
(b)
the rest of that schedule applies as if references to the chief executive were references to the Director-General.
Compare: 2002 No 33 s 40
Part 6 Amendments to other legislation and repeal
Subpart 1—Amendments to Constitution Act 1986
229 Amendments to Constitution Act 1986
This subpart amends the Constitution Act 1986.
230 Section 18 amended (Summoning, proroguing, and dissolution of Parliament)
Repeal section 18(1A).
231 New section 18A inserted (Changing place of meeting of Parliament)
After section 18, insert:
18A Changing place of meeting of Parliament if appointed place is unsafe or uninhabitable
Governor-General may change place of meeting of Parliament
(1)
The Governor-General may, by Proclamation, change the place of meeting of Parliament appointed in the Proclamation summoning Parliament if that place is unsafe or uninhabitable.
Speaker may change place of meeting of Parliament
(2)
The Speaker may, by notice in writing, change the place of meeting of Parliament set out in the Proclamation summoning Parliament.
(3)
The Speaker may do so only if—
(a)
the place of meeting of Parliament appointed in the Proclamation is unsafe or uninhabitable; and
(b)
a state of national emergency has been declared under section 115(2) of the Emergency Management Act 2026; and
(c)
the Prime Minister has agreed to the proposed change to the place of meeting of Parliament.
(4)
The notice—
(a)
takes effect at the time at which it is signed by the Speaker; and
(b)
ceases to have effect 14 days after the date on which the state of national emergency is declared; and
(c)
may be amended or withdrawn by the Governor-General by Proclamation.
(5)
The Clerk of the House of Representatives must, as soon as practicable,—
(a)
notify all members of Parliament of the notice; and
(b)
communicate the notice to the public; and
(c)
publish the notice in the Gazette.
(6)
The powers of the Speaker under this section may be exercised by the Speaker within the meaning of that term under section 5 of the Parliament Act 2025.
Subpart 2—Amendments to Local Government Act 2002
232 Amendments to Local Government Act 2002
This subpart amends the Local Government Act 2002.
233 Section 76AA amended (Significance and engagement policy)
After section 76AA(8), insert:
Emergency management
(9)
Despite what may be set out in a policy adopted under this section, public engagement on requirements imposed on the local authority in a regional emergency management plan under the Emergency Management Act 2026 must be limited to options for dealing with those matters in a way that is consistent with the regional emergency management plan.
234 Schedule 10 amended
In Schedule 10, after clause 17A, insert:
17B Implementation of regional emergency management plan
(1)
A long-term plan must set out steps to implement or progress the requirements imposed on the local authority in the relevant regional emergency management plan.
(2)
The steps must provide for the local authority to implement or progress the requirements in a way that the local authority considers appropriate, having regard to competing demands and any other relevant circumstances.
(3)
The steps must provide for the local authority to implement or progress the requirements only to the extent that the local authority is reasonably able to do so—
(a)
in the period covered by the long-term plan; and
(b)
consistently with the local authority’s role, functions, duties, and powers under this Act and any other legislation.
(4)
In this clause,—
Emergency Management Committee has the meaning set out in section 5 of the Emergency Management Act 2026
relevant regional emergency management plan means the regional emergency management plan prepared and approved under section 97 of the Emergency Management Act 2026 by the Emergency Management Committee—
(a)
of which the local authority is a member under that Act; or
(b)
that is the local authority if the local authority is a unitary authority Emergency Management Committee under that Act.
Subpart 3—Minor and consequential amendments to other legislation
235 Minor and consequential amendments
Amend the legislation specified in Schedule 5 as set out in that schedule.
Compare: 2002 No 33 s 117
Subpart 4—Repeal
236 Civil Defence Emergency Management Act 2002 repealed
The Civil Defence Emergency Management Act 2002 (2002 No 33) is repealed.
Compare: 2002 No 33 s 116
Schedule 1 Transitional, savings, and related provisions
Contents
Part 1 Provisions relating to this Act as enacted
General transitional provisions
1 Interpretation
In this schedule, unless the context otherwise requires,—
2002 Act means the Civil Defence Emergency Management Act 2002
corresponding Emergency Management Committee, in relation to a Civil Defence Emergency Management Group, means the Emergency Management Committee that the Group is continued as under clause 9(1)(a)
emergency declaration includes—
(a)
a state of emergency declared under the 2002 Act:
(b)
a transition period for which notice was given under the 2002 Act
matter includes any action undertaken, any decision taken, any notice or direction given, any delegation made, any proceedings commenced, any application or claim for compensation made, any agreement entered into, or any requirement imposed.
2 Matters initiated under Civil Defence Emergency Management Act 2002
(1)
This clause applies to any matter initiated under the 2002 Act before the commencement of this clause.
(2)
If this clause applies, the provisions of the 2002 Act in force immediately before the commencement of this clause continue to apply to the matter as if they had not been repealed by this Act.
(3)
However, a matter initiated under a provision of the 2002 Act may be amended under a corresponding provision in this Act (if any) as if the matter had been initiated under the corresponding provision.
3 References to Civil Defence Emergency Management Act 2002
A reference in an enactment or a document to the 2002 Act, or to 1 or more of its provisions, must be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the enactment or document.
Emergency management officers
4 Officers under 2002 Act continued under this Act
(1)
The officers appointed under the 2002 Act and holding the appointments immediately before the commencement of this clause continue in the appointments as follows:
(a)
a National Controller delegated the functions and powers of the Director under section 10 of the 2002 Act is to be treated as the National Controller who has been delegated those functions and powers under section 19(2) of this Act:
(b)
a National Recovery Manager delegated the functions and powers of the Director under section 11A of the 2002 Act is to be treated as the National Recovery Manager who has been delegated those functions and powers under section 21(2) of this Act:
(c)
a person appointed as the chairperson of a Civil Defence Emergency Management Group under section 15 of the 2002 Act is to be treated as having been appointed as the chairperson of the corresponding Emergency Management Committee,—
(i)
if the corresponding Committee is a multi-member Emergency Management Committee, under section 35 of this Act:
(ii)
if the corresponding Committee is a unitary authority Emergency Management Committee, under clause 26 of Schedule 7 of the Local Government Act 2002:
(d)
a person appointed under section 25 of the 2002 Act as a person authorised to declare a state of local emergency or to give notice of a local transition period for a Civil Defence Emergency Management Group’s area is to be treated as having been appointed under section 53 or authorised by section 54 of this Act in respect of the corresponding Emergency Management Committee with the same capacity to make the emergency declaration and with the same conditions or limitations (if any) that applied to the appointment under the 2002 Act:
(e)
a person appointed by a Civil Defence Emergency Management Group under section 26(1) of the 2002 Act as the Group Controller for the Group’s area is to be treated as having been appointed under section 56(2)(a) or 58(2) or (3) of this Act (whichever is applicable) as the Regional Controller for the corresponding Emergency Management Committee’s area:
(f)
a person appointed by a Civil Defence Emergency Management Group under section 26(2) of the 2002 Act as a person who may perform the functions and duties and exercise the powers of the Group Controller for the duration of any vacancy in the office or absence from duty of the Group Controller is to be treated as having been appointed under section 56(2)(b) or 58(4) of this Act (whichever is applicable) to perform the functions and duties and exercise the powers of the Regional Controller for the corresponding Emergency Management Committee’s area for the duration of any vacancy in the office or absence from duty of the Regional Controller:
(g)
a person appointed by a Civil Defence Emergency Management Group under section 29(1) of the 2002 Act as the Group Recovery Manager for the Group’s area is to be treated as having been appointed under section 65(2)(a) or 67(2) or (3) of this Act (whichever is applicable) as the Regional Recovery Manager for the corresponding Emergency Management Committee:
(h)
a person appointed by a Civil Defence Emergency Management Group under section 29(2) of the 2002 Act as a person who may perform the functions and duties and exercise the powers of the Group Recovery Manager for the Group’s area for the duration of any vacancy in the office or absence from duty of the Group Recovery Manager is to be treated as having been appointed under section 65(2)(b) or 67(4) of this Act (whichever is applicable) to perform the functions and duties and exercise the powers of the Regional Recovery Manager for the corresponding Emergency Management Committee’s area for the duration of any vacancy in the office or absence from duty of the Regional Recovery Manager.
(2)
From the commencement of this clause, certain continued officers become known by new titles as follows:
(a)
a Group Controller becomes known as a Regional Controller:
(b)
a Group Recovery Manager becomes known as a Regional Recovery Manager.
5 Transitional arrangements for Local Controllers and Local Recovery Managers: appointments
Provisions of 2002 Act regarding appointments continue to apply
(1)
The following sections of the 2002 Act continue to apply as if this Act had not been enacted:
(a)
section 27 (which relates to the appointment of Local Controllers):
(b)
section 30 (which relates to the appointment of Local Recovery Managers).
(2)
In applying those sections, references in a section to one of the following terms must be read as follows:
(a)
a reference to a Civil Defence Emergency Management Group must be treated as a reference to the Group’s corresponding Emergency Management Committee:
(b)
a reference to the Group’s Group Controller must be treated as a reference to the corresponding Emergency Management Committee’s Regional Controller (or the person treated as having been appointed as the Committee’s Regional Controller under clause 4(1)(e)):
(c)
a reference to the Group’s Group Recovery Manager must be treated as a reference to the corresponding Emergency Management Committee’s Regional Recovery Manager (or the person treated as having been appointed as the Committee’s Regional Recovery Manager under clause 4(1)(g)).
Existing appointments continue
(3)
Subclause (4) applies to a person who, immediately before the commencement of this clause, was a Local Controller appointed by a Civil Defence Emergency Management Group and directed to carry out or exercise specified functions, duties, or powers under section 27 of the 2002 Act.
(4)
The person’s appointment as a Local Controller—
(a)
continues as if the person had been appointed by the Group’s corresponding Emergency Management Committee under this clause; and
(b)
is subject to the direction that was in force immediately prior to the commencement of this clause under section 27 of the 2002 Act regarding the functions, duties, or powers that must be carried out or exercised.
(5)
Subclause (6) applies to a person who, immediately before the commencement of this clause, was a Local Recovery Manager appointed by a Civil Defence Emergency Management Group and directed to carry out or exercise specified functions, duties, or powers under section 30 of the 2002 Act.
(6)
The person’s appointment as a Local Recovery Manager—
(a)
continues as if the person had been appointed by the Group’s corresponding Emergency Management Committee under this clause; and
(b)
is subject to the direction that was in force immediately prior to the commencement of this clause under section 30 of the 2002 Act regarding the functions, duties, or powers that must be carried out or exercised.
Parts of clause repealed, or cease to apply, after 12 months
(7)
On the date that is 12 months after Royal assent,—
(a)
subclauses (1) and (2) are repealed; and
(b)
subclauses (3) to (6) cease to apply to a person whose continued appointment as a Local Controller or Local Recovery Manager is treated as having been made by an Emergency Management Committee that is a multi-member Emergency Management Committee.
6 Definitions include Local Controllers and Local Recovery Managers appointed, or whose appointment is continued, under clause 5
(1)
7 Transitional arrangements for Local Controllers: role
Provisions of 2002 Act and this Act applying to Local Controller
(1)
(2)
Section 28(3) of the 2002 Act (which relates to the power to authorise a suitably qualified and experienced person to perform or exercise any functions, duties, and powers of the Local Controller) applies to the Local Controller as if this Act had not been enacted.
(3)
Section 64(2) of this Act applies to—
(a)
a Local Controller; and
(b)
a person authorised under section 28(3) of the 2002 Act to perform any function or duty or exercise any power of a Local Controller.
This clause repealed after 12 months
(4)
This clause is repealed on the date that is 12 months after Royal assent.
8 Transitional arrangements for Local Recovery Managers: role
Provisions of 2002 Act and this Act applying to Local Recovery Manager
(1)
(2)
Section 30A(3) and (4) of the 2002 Act (which relates to the power to authorise a suitably qualified and experienced person to perform or exercise any functions, duties, and powers of the Local Recovery Manager) applies to the Local Recovery Manager as if this Act had not been enacted.
(3)
Section 73(2) of this Act applies to—
(a)
a Local Recovery Manager; and
(b)
a person authorised under section 30A(3) of the 2002 Act to perform any function or duty or exercise any power of a Local Recovery Manager.
This clause repealed after 12 months
(4)
This clause is repealed on the date that is 12 months after Royal assent.
Emergency management bodies
9 Bodies and their members under 2002 Act continued under this Act
(1)
The entities established under the 2002 Act and in existence immediately before the commencement of this clause, and the members of those bodies at that time, continue in existence as follows:
(a)
every Civil Defence Emergency Management Group established in accordance with section 12 of the 2002 Act continues in existence as if it were an Emergency Management Committee continued in existence in accordance with section 25(1) of this Act with responsibility for the same area that the Group had responsibility for immediately before the commencement of this clause:
(b)
the members of a Civil Defence Emergency Management Group with more than 1 member under section 13 of the 2002 Act immediately before the commencement of this Act are to be treated as being the members of the corresponding multi-member Emergency Management Committee under sections 26 and 27 of this Act:
(c)
a Civil Defence Emergency Management Co-ordinating Executive Group established and maintained by a Civil Defence Emergency Management Group under section 20 of the 2002 Act continues in existence as if it were the Emergency Management Co-ordinating Executive Group appointed and maintained by the corresponding Emergency Management Committee under section 42(1) of this Act:
(d)
an administering authority established for a Civil Defence Emergency Management Group under section 23 of the 2002 Act continues in existence as if it were the administering authority for the corresponding Emergency Management Committee appointed or established in accordance with section 40 of this Act.
(2)
From the commencement of this clause, certain continued entities become known by new titles as follows:
(a)
a Civil Defence Emergency Management Group becomes known as an Emergency Management Committee:
(b)
a Civil Defence Emergency Management Co-ordinating Executive Group becomes known as an Emergency Management Co-ordinating Executive Group.
10 Membership of Civil Defence Emergency Management Co-ordinating Executive Groups to continue for 12 months
(1)
Subclause (2) applies in relation to a Civil Defence Emergency Management Co-ordinating Executive Group that is treated as an Emergency Management Co-ordinating Executive Group under clause 9(1)(c).
(2)
The membership of the Civil Defence Emergency Management Co-ordinating Executive Group (which consists of the persons described under section 20(1) and (1A) of the 2002 Act) are to be treated as the members of the Emergency Management Co-ordinating Executive Group for the purposes of section 42 of this Act.
(3)
After 12 months after Royal assent to this Act, the membership of each Emergency Management Co-ordinating Executive Group must consist of the persons set out in section 42(2) of this Act and co-opted for the purpose of section 42(4) of this Act (if any).
Subclauses (1) and (2) repealed after 12 months
(4)
Subclauses (1) and (2) are repealed on the date that is 12 months after Royal assent.
11 Form of Civil Defence Emergency Management Group to continue
(1)
Every Civil Defence Emergency Management Group established under section 12(1)(a) of the 2002 Act by the uniting of a regional council and the territorial authorities within the council’s region continues as an Emergency Management Committee for the purposes of this Act as a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.
(2)
Every Civil Defence Emergency Management Group established under section 12(1)(b) of the 2002 Act by a single unitary authority continues as a committee appointed by the relevant unitary authority Emergency Management Committee in accordance with section 27(7) of this Act under clause 30(1)(a) of Schedule 7 of the Local Government Act 2002.
(3)
Every Civil Defence Emergency Management Group established under section 12(1)(c) of the 2002 Act by a unitary authority uniting with 1 or more other unitary authorities or a regional council continues as an Emergency Management Committee for the purposes of this Act as a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.
Compare: 2002 No 33 s 12(1)
Documents
12 Documents under 2002 Act continued under this Act
(1)
The documents established under the 2002 Act and in effect immediately before the commencement of this clause continue in effect as follows:
(a)
any guideline, code, or technical standard issued by the Director under section 9(3) of the 2002 Act continues in effect as if it were a guideline, code, or technical standard issued by the Director-General of Emergency Management under section 15(5) of this Act:
(b)
a statement published by the Director of Civil Defence Emergency Management under section 74 of the 2002 Act continues in effect as if it were a statement published by the Director-General of Emergency Management under section 17 of this Act:
(c)
the national civil defence emergency management strategy completed by the Minister under section 31 of the 2002 Act continues in effect as if it were a national emergency management strategy made under section 83(1) of this Act:
(d)
the national civil defence emergency management plan made by Order in Council under section 39 of the 2002 Act continues in effect as if—
(i)
it were a national emergency management plan made under section 89 of this Act; and
(ii)
it met all of the requirements for national emergency management plans under Part 3 of this Act:
(e)
every civil defence emergency management group plan prepared and approved by a Civil Defence Emergency Management Group under section 48 of the 2002 Act continues in effect as if—
(i)
it were a regional emergency management plan prepared and approved by the corresponding Emergency Management Committee under section 97 of this Act; and
(ii)
it met all of the requirements for regional emergency management plans under Part 3 of this Act.
(2)
From the commencement of this clause, certain continued documents become known by new titles as follows:
(a)
the national civil defence emergency management strategy becomes known as the national emergency management strategy:
(b)
the national civil defence emergency management plan becomes known as the national emergency management plan:
(c)
a civil defence emergency management group plan becomes known as a regional emergency management plan.
13 2002 Act to continue to apply if review of national civil defence emergency management plan is in progress
(1)
This clause applies if, before the commencement of this clause,—
(a)
the Minister has publicly notified, in accordance with section 41(1)(d) of the 2002 Act, a proposal to review the national civil defence emergency management plan under section 46 of the 2002 Act; and
(b)
the review has not been completed.
(2)
After the commencement of this clause, sections 39 to 41 and 45 of the 2002 Act continue to have effect for the purpose of the completion of the review as if they had not been repealed.
14 Initial review of national emergency management plan under this Act
The Minister must, no later than the date that is 2 years after the commencement of this clause,—
(a)
initiate a review of the national emergency management plan in full under section 91(1)(a); and
(b)
after completing the procedural requirements set out in sections 92 to 94, make a decision under section 91(2) as a result of the review; and
(c)
if applicable, make a recommendation to the Governor-General for the making of regulations under section 89 providing for a national emergency management plan.
15 2002 Act to continue to apply if review of civil defence emergency management group plan is in progress
(1)
This clause applies if, before the commencement of this clause,—
(a)
a Civil Defence Emergency Management Group has given public notice under section 52(1) of the 2002 Act of a proposal to review the Group’s civil defence emergency management group plan under section 56 of the 2002 Act; and
(b)
the review has not been completed.
(2)
After the commencement of this clause, sections 49, 51, 52, 55, and 56 of the 2002 Act continue to have effect for the purposes of the completion of the review as if they had not been repealed.
Emergency declarations and powers
16 Emergency declarations remain in force
The states of emergency and transition periods in force immediately before the commencement of this clause are continued as follows:
(a)
a state of national emergency declared under section 66 of the 2002 Act is continued as if it were a state of national emergency declared under section 115 of this Act:
(b)
a state of local emergency declared under section 68 or 69 of the 2002 Act is continued as if it were a state of local emergency declared under section 120 of this Act:
(c)
a national transition period for which notice has been given under section 94A of the 2002 Act is continued as if it were a national transition period declared under section 150 of this Act:
(d)
a local transition period for which notice has been given under section 94B of the 2002 Act is continued as if it were a local transition period declared under section 153 of this Act.
Warrants
17 Warrants continue
(1)
This clause applies in relation to a warrant for entry and search of premises under section 78 of the 2002 Act.
(2)
An application for a warrant that was made but not finally determined before the commencement of this clause may proceed as if it were an application for a warrant under section 144 of this Act.
(3)
A warrant that has been issued has effect as if it were a warrant issued under section 144 of this Act.
References in documents to personnel and entities
18 References in documents to civil defence emergency management personnel and entities
Unless the context otherwise requires, in any secondary legislation, agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act,—
(a)
every reference to the Director of Civil Defence Emergency Management is a reference to the Director-General of Emergency Management under this Act:
(b)
every reference to a Civil Defence Emergency Management Group for a particular area is a reference to the Emergency Management Committee under this Act for the same area:
(c)
every reference to a Civil Defence Emergency Management Co-ordinating Executive Group of a particular Civil Defence Emergency Management Group is a reference to the Emergency Management Co-ordinating Executive Group under this Act of the corresponding Emergency Management Committee:
(d)
every reference to an administering authority of a particular Civil Defence Emergency Management Group is a reference to the administering authority of the corresponding Emergency Management Committee under this Act:
(e)
every reference to the National Controller is a reference to the National Controller under this Act:
(f)
every reference to a Group Controller is a reference to a Regional Controller under this Act:
(g)
every reference to a Local Controller is a reference to a Local Controller under this Act:
(h)
every reference to the National Recovery Manager is a reference to the National Recovery Manager under this Act:
(i)
every reference to a Group Recovery Manager is a reference to a Regional Recovery Manager under this Act:
(j)
every reference to a Local Recovery Manager is a reference to a Local Recovery Manager under this Act:
(k)
every reference to a lifeline utility is a reference to an essential infrastructure provider under this Act:
(l)
every reference to a state of national emergency is a reference to a state of national emergency under this Act:
(m)
every reference to a state of local emergency is a reference to a state of local emergency under this Act:
(n)
every reference to a national transition period is a reference to a national transition period under this Act:
(o)
every reference to a local transition period is a reference to a local transition period under this Act.
Civil Defence Emergency Management Regulations 2003 continued
19 Civil Defence Emergency Management Regulations 2003 continued
(1)
The Civil Defence Emergency Management Regulations 2003 (the 2003 regulations) made under the 2002 Act continue in force, with any necessary modifications.
(2)
Regulations 4 and 5, Schedule 1, and form 1 of Schedule 2 of the 2003 Regulations—
(a)
must be treated as if they had been made under section 222 of this Act; and
(b)
may be amended or revoked as if they had been made under that section.
(3)
Regulations 6 and 7 and forms 2 to 19 of Schedule 2 of the 2003 Regulations—
(a)
must be treated as if they had been made under section 224 of this Act; and
(b)
may be amended or revoked as if they had been made under that section.
Pre-commencement public notice and consultation for rules
20 Pre-commencement public notice and consultation treated as public notice and consultation for purpose of section 225
(1)
Public notice given by the Minister before the commencement of this clause about proposed rules to be made under section 224 is treated as public notice given for the purpose of section 225(1)(a).
(2)
Consultation carried out by the Minister before the commencement of this clause about proposed rules to be made under section 224 is treated as consultation for the purpose of section 225(1)(b) to (d).
Schedule 2 Legislation relevant to emergency management
Schedule 3 Essential infrastructure providers
Communication services
Emergency broadcasting services
1
Radio New Zealand Limited
2
Television New Zealand Limited
Public telecommunications services
3
An entity that provides a public telecommunications network (within the meaning of section 5 of the Telecommunications Act 2001).
Energy-related services
Electricity services
4
An entity that generates electricity for distribution through a network, or transmits or distributes electricity through a network.
Gas services
5
An entity that produces, supplies, distributes, or transmits gas (as defined in section 2(1) of the Gas Act 1992), regardless of whether it is supplied or distributed through a network or in bottles containing more than 20 kg of gas.
Petroleum services
6
An entity that produces, processes, or distributes to retail outlets and bulk customers any petroleum products used as an energy source or an essential lubricant or additive for motors for machinery.
Transport-related services
Aviation services
7
The company (as defined in section 2 of the Auckland Airport Act 1987) that operates Auckland International Airport.
8
The company (as defined in section 2 of the Wellington Airport Act 1990) that operates Wellington International Airport.
9
The company that operates Christchurch International Airport.
10
The airport authority (as defined in section 2(1) of the Airport Authorities Act 1966, whether or not it is also an airport company as defined in that section, or an airport operator as defined in section 5 of the Civil Aviation Act 2023) that operates the primary airport at Kerikeri, Blenheim, Dunedin, Gisborne, Hamilton, Hokitika, Invercargill, Napier, Nelson, New Plymouth, Palmerston North, Queenstown, Rotorua, Tauranga, Whanganui, Westport, Whakatane, or Whangarei.
Maritime services
11
The port company (as defined in section 2(1) of the Port Companies Act 1988) that carries out port-related commercial activities at Auckland, Bluff, Gisborne, Lyttelton, Napier, Nelson, Picton, Port Chalmers, Port Taranaki, Tauranga, Timaru, Wellington, Westport, or Whangarei.
12
The Grey District Council, acting as the Greymouth harbour authority and owner and operator of the Port of Greymouth.
Rail services
13
An entity that provides land transport by means of rail activity.
Roading services
14
The New Zealand Transport Agency and any local authority that provides a road network (including State highways).
Water services
15
An entity that is a water service provider responsible for water services infrastructure (as those terms are defined in section 4 of the Local Government (Water Services) Act 2025).
Schedule 4 Reporting requirements for states of emergency and transition periods
Contents
Part 1 Reporting on states of emergency
Subpart 1—Reporting on state of national emergency
1 National Controller must produce report following state of national emergency
(1)
This clause applies if—
(a)
a state of national emergency expires under section 123 of this Act; or
(b)
the Minister declares under section 126(1)(a) of this Act that the state of national emergency is terminated.
(2)
The National Controller must produce a written report that sets out the information specified in subclause (3) in respect of—
(a)
the state of national emergency that expired under section 123 of this Act or was terminated under section 126(1)(a) of this Act; and
(b)
if applicable, any earlier state of emergency that was terminated in accordance with section 126(1)(b) or (2)(b) or (c) of this Act and has not yet been reported on under this Part.
(3)
The information is—
(a)
the dates on which the state of national emergency commenced and expired or was terminated:
(b)
the emergency to which the state of national emergency related:
(c)
if any powers under subpart 2 of Part 4 of this Act were exercised by a Controller during that state of national emergency,—
(i)
which powers were exercised; and
(ii)
the reason that each power was exercised:
(d)
if the duration of the state of national emergency was extended 1 or more times, any other information—
(i)
prescribed by rules for that purpose; or
(ii)
that the Director-General requires the National Controller to report.
(4)
Before finalising the report, the National Controller must consult any other Controller, or person who was authorised to exercise 1 or more powers of a Controller, who exercised powers during the state of national emergency.
(5)
Unless subclause (6) applies,—
(a)
the National Controller must give the finalised report to the Director-General no later than 14 days after the date on which the state of national emergency expired or was terminated; and
(b)
the Director-General must then give the report to the Minister.
(6)
If the National Controller for a state of national emergency is the Director-General, the National Controller must give the report to the Minister no later than 14 days after the date on which the state of national emergency expired or was terminated.
2 Report must be presented and published
As soon as practicable after receiving the report under clause 1,—
(a)
the Minister must present the report to the House of Representatives; and
(b)
the Director-General must publish the report on the Director-General’s internet site.
Subpart 2—Reporting on state of local emergency
3 Regional Controller must produce report following state of local emergency
(1)
This clause applies if—
(a)
a state of local emergency for an area, district, or ward expires under section 123 of this Act; or
(b)
the Minister or an authorised person declares under section 126(2)(a) of this Act that the state of local emergency is terminated.
(2)
The Regional Controller for the Emergency Management Committee for the area, district, or ward must produce a written report that sets out the information specified in subclause (3) in respect of—
(a)
the state of local emergency that expired under section 123 of this Act or was terminated under section 126(2)(a) of this Act; and
(b)
if applicable, any earlier state of local emergency that was terminated in accordance with section 126(1)(b) or (2)(b) or (c) of this Act and has not yet been reported on under this Part.
(3)
The information is—
(a)
the dates on which the state of local emergency commenced and expired or was terminated:
(b)
the emergency to which the state of local emergency related:
(c)
if any powers under subpart 2 of Part 4 of this Act were exercised by a Controller during that state of local emergency,—
(i)
which powers were exercised; and
(ii)
the reason that each power was exercised:
(d)
if the duration of the state of local emergency was extended 1 or more times, any other information—
(i)
prescribed by rules for that purpose; or
(ii)
that the Director-General requires the Regional Controller to report.
(4)
Before finalising the report, the Regional Controller must consult any other Controller, or person who was authorised to exercise 1 or more powers of a Controller, who exercised powers during the state of local emergency.
(5)
The Regional Controller must give the finalised report to the Director-General and the relevant Emergency Management Committee no later than 14 days after the date on which the state of local emergency expired or was terminated.
(6)
The Director-General may then give the report to the Minister.
4 Report must be presented and published
As soon as practicable after receiving the report under clause 3,—
(a)
the Minister must present the report to the House of Representatives; and
(b)
the Emergency Management Committee must publish the report on the Committee’s internet site.
Part 2 Reporting on transition periods
Subpart 1—Reporting on national transition period
5 National Recovery Manager must produce report following national transition period
(1)
This clause applies if—
(a)
a national transition period expires under section 158(3) of this Act; or
(b)
the Minister declares under section 161(1)(a) of this Act that the national transition period is terminated.
(2)
The National Recovery Manager must produce a written report that sets out the information specified in subclause (3) in respect of—
(a)
the national transition period that expired under section 158(3) of this Act or was terminated under section 161(1)(a) of this Act; and
(b)
if applicable, any earlier transition period that was terminated in accordance with section 161(1)(b) or (2)(b) or (c) of this Act and has not yet been reported on under this Part.
(3)
The information is—
(a)
the dates on which the national transition period commenced and expired or was terminated:
(b)
the emergency to which the national transition period related:
(c)
if any powers under subpart 4 of Part 4 of this Act were exercised by a Recovery Manager during that national transition period,—
(i)
which powers were exercised; and
(ii)
the reason that each power was exercised:
(d)
if the duration of the national transition period was extended 1 or more times, any other information—
(i)
prescribed by rules for that purpose; or
(ii)
that the Director-General requires the National Recovery Manager to report.
(4)
Before finalising the report, the National Recovery Manager must consult any other Recovery Manager, or person who was authorised to exercise 1 or more powers of a Recovery Manager, who exercised powers during the national transition period.
(5)
Unless subclause (6) applies,—
(a)
the National Recovery Manager must give the finalised report to the Director-General no later than 14 days after the date on which the national transition period expired or was terminated; and
(b)
the Director-General must then give the report to the Minister.
(6)
If the National Recovery Manager for a national transition period is the Director-General, the National Recovery Manager must give the report to the Minister no later than 14 days after the date on which the national transition period expired or was terminated.
Compare: 2002 No 33 s 94P(1)–(6)
6 Presentation of final report on national transition period
As soon as practicable after receiving the report under clause 5,—
(a)
the Minister must present the report to the House of Representatives; and
(b)
the Director-General must publish the report on the Director-General’s internet site.
Compare: 2002 No 33 s 94P(7)–(9)
Subpart 2—Reporting on local transition period
7 Regional Recovery Manager must produce report following local transition period
(1)
This clause applies if—
(a)
a local transition period for an area, district, or ward expires under section 158(4) of this Act; or
(b)
the Minister or an authorised person declares under section 161(2)(a) of this Act that the local transition period is terminated.
(2)
The Regional Recovery Manager for the Emergency Management Committee for the area, district, or ward must produce a written report that sets out the information specified in subclause (3) in respect of—
(a)
the local transition period that expired under section 158(4) of this Act or was terminated under section 161(2)(a) of this Act; and
(b)
if applicable, any earlier local transition period that was terminated in accordance with section 161(2)(b) or (c) of this Act and has not yet been reported on under this Part.
(3)
The information is—
(a)
the dates on which the local transition period commenced and expired or was terminated:
(b)
the emergency to which the local transition period related:
(c)
if any powers under subpart 4 of Part 4 of this Act were exercised by a Recovery Manager during that local transition period,—
(i)
which powers were exercised; and
(ii)
the reason that each power was exercised:
(d)
if the duration of the local transition period was extended 1 or more times, any other information—
(i)
prescribed by rules for that purpose; or
(ii)
that the Director-General requires the Regional Recovery Manager to report.
(4)
Before finalising the report, the Regional Recovery Manager must consult any other Recovery Manager, or person who was authorised to exercise 1 or more powers of a Recovery Manager, who exercised powers during the local transition period.
(5)
The Regional Recovery Manager must give the finalised report to the Director-General and the relevant Emergency Management Committee no later than 14 days after the date on which the local transition period expired or was terminated.
(6)
The Director-General may then give the report to the Minister.
8 Report must be presented and published
As soon as practicable after receiving the report under clause 7,—
(a)
the Minister must present the report to the House of Representatives; and
(b)
the Emergency Management Committee must publish the report on the Committee’s internet site.
Schedule 5 Consequential amendments to other legislation
Part 1Consequential amendments to Acts
Arms Act 2026 (2026 No 47)
In section 374(1)(5), replace “an emergency being declared under the Civil Defence Emergency Management Act 2002”
with “a state of emergency being declared under the Emergency Management Act 2026”
.
Biosecurity Act 1993 (1993 No 95)
Replace section 87(1)(b) with:
(b)
an Emergency Management Committee established under the Emergency Management Act 2026:
Replace section 87(2)(b) with:
(b)
for the purposes of subsection (1)(b) to (g), a situation described in section 6(1)(a) and (b) of the Emergency Management Act 2026.
Replace section 98(1)(b) with:
(b)
an Emergency Management Committee established under the Emergency Management Act 2026:
Replace section 98(2)(b) with:
(b)
for the purposes of subsection (1)(b) to (g), a situation described in section 6(1)(a) and (b) of the Emergency Management Act 2026.
Building Act 2004 (2004 No 72)
In section 15(1)(na), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 133AE(1)(a), replace “the Civil Defence Emergency Management Act 2002”
with “section 6(1)(a) and (b) of the Emergency Management Act 2026”
.
Replace section 133AE(2)(a) and (b) with:
(a)
any national emergency management plan made under section 89 of the Emergency Management Act 2026; and
(b)
the regional emergency management plan prepared and approved under section 97 of the Emergency Management Act 2026 that covers the district in which the building is situated.
In section 133BB(1), insert in their appropriate alphabetical order:
EM Act means the Emergency Management Act 2026
essential infrastructure provider has the same meaning as in section 5 of the EM Act
In section 133BB(1), repeal the definition of CDEM Act.
In section 133BB(1), definition of critical infrastructure, paragraph (b), replace “a lifeline utility”
with “an essential infrastructure provider”
.
In section 133BB(1), definition of emergency, replace “section 4 of the CDEM Act”
with “section 6(1) of the EM Act”
.
In section 133BB(1), repeal the definition of lifeline utility.
In section 133BB(1), replace the definition of relevant CDEM decision-maker with:
relevant EM decision-maker, in relation to an area that is a designated area or is proposed to be a designated area,—
(a)
means—
(i)
the Minister responsible for administration of the EM Act; or
(ii)
a person who is appointed or otherwise authorised under section 53 or 54 of that Act to declare a state of local emergency or local transition period (as the case may be) for the area; and
(b)
in sections 133BG and 133BH, also includes a person who, at the relevant time, is the successor in office of a person referred to in paragraph (a)(ii)
In section 133BB(1), definition of state of emergency, replace “section 4 of the CDEM Act”
with “section 5 of the EM Act 2026”
.
In section 133BB(1), definition of transition period, replace “section 4 of the CDEM Act”
with “section 5 of the EM Act 2026”
.
In section 133BC(1), replace “CDEM Act, a relevant CDEM decision-maker”
with “EM Act, a relevant EM decision-maker”
.
In section 133BG(2)(a) and (4), replace “CDEM”
with “EM”
.
In section 133BH(1)(a)(i) and (ii), (d)(ii) and (iii), and (f)(ii) and (iii), replace “CDEM”
with “EM”
.
Replace section 133BK with:
133BK EM Act officers as responsible persons
(1)
This section sets out who may exercise powers under sections 133BQ to 133BX and 133BZA for the purposes of section 133BJ(3).
(2)
The powers may be exercised as follows:
(a)
the power under section 133BQ (post-event assessments) may be exercised,—
(i)
during a state of emergency, by the National Controller, a Regional Controller, or a District Controller (or a person acting under the Controller’s authority):
(ii)
during a transition period, by the National Recovery Manager, a Regional Recovery Manager, or a District Recovery Manager (or a person acting under the Recovery Manager’s authority):
(b)
the power under section 133BR (evacuation) may be exercised,—
(i)
during a state of emergency, by the National Controller, a Regional Controller, a District Controller, or a constable (or a person acting under that person’s authority):
(ii)
during a transition period, by the National Recovery Manager, a Regional Recovery Manager, a District Recovery Manager, or a constable (or a person acting under that person’s authority):
(c)
the power under section 133BS (measures to keep people at safe distance and protect building) or 133BT (notices and signs on buildings) may be exercised,—
(i)
during a state of emergency, by the National Controller, a Regional Controller, or a District Controller (or a person acting under the Controller’s authority):
(ii)
during a transition period, by the National Recovery Manager, a Regional Recovery Manager, or a District Recovery Manager (or a person acting under the Recovery Manager’s authority):
(d)
the power under section 133BU (owner directed to give information) or 133BZA(3)(a) (bring forward due date for provision of assessment or information) may be exercised,—
(i)
during a state of emergency, by the Director-General or an Emergency Management Committee (or a person acting under the authority of the Director-General or Committee):
(ii)
during a transition period, by the Director-General or an Emergency Management Committee (or a person acting under the authority of the Director-General or Committee):
(e)
the power under section 133BV (urgent works to remove or reduce risks), 133BW (works to remove or reduce other risks), 133BX (works for long-term use or occupation of building), or 133BZA(3)(b) (bring forward deadline for completing seismic work) may be exercised,—
(i)
during a state of emergency, by a Regional Controller or District Controller (or a person acting under the authority of a Regional Controller or District Controller):
(ii)
during a transition period, by the National Recovery Manager, a Regional Recovery Manager, or a District Recovery Manager (or a person acting under the Recovery Manager’s authority).
(3)
For the purposes of subsection (2),—
(a)
a responsible person who is a Regional Controller must comply with section 64 of the EM Act:
(b)
a responsible person who is a District Controller must comply with sections 62(5) and 64 of that Act:
(c)
a responsible person who is a Regional Recovery Manager must comply with section 73 of the EM Act:
(d)
a responsible person who is a District Recovery Manager must comply with sections 71(5) and 73 of that Act.
(4)
In this section, Director-General, District Controller, District Recovery Manager, Emergency Management Committee, National Controller, National Recovery Manager, Regional Controller, and Regional Recovery Manager have the meanings given to them in section 5 of the EM Act.
In the heading to section 133BL, replace “CDEM”
with “EM”
.
In section 133BL(1) and (2), replace “CDEM”
with “EM”
.
In the heading to section 133BM, replace “CDEM”
with “EM”
.
In section 133BM(1)(b)(i) and (ii), (2), and (3), replace “CDEM”
with “EM”
.
In section 133BM(4), replace “equivalent CDEM Act notice means a notice, direction, or other requirement under the CDEM Act”
with “equivalent EM Act notice means a notice, direction, or other requirement under the EM Act”
.
In section 133BZ(1), replace “Part 4, 5, 5A, or 5B of the CDEM Act”
with “Part 4 of the EM Act”
.
Burial and Cremation Act 1964 (1964 No 75)
In section 46(1), replace “section 85(1)(g) of the Civil Defence Emergency Management Act 2002”
with “section 132(1)(d) of the Emergency Management Act 2026”
.
Climate Change Response Act 2002 (2002 No 40)
Replace section 5ZW(8)(g) with:
(g)
essential infrastructure providers, as defined in section 7(1) of the Emergency Management Act 2026:
Corrections Act 2004 (2004 No 50)
In section 179C, definition of state of emergency affecting a prison or prisoners, paragraph (a), replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 5 of the Emergency Management Act 2026”
.
Replace section 191(1)(a) with:
(a)
a state of emergency is in force under the Emergency Management Act 2026 or there is an emergency (within the meaning of section 5 of that Act); and
Replace section 192 with:
192 Direction not to be inconsistent with applicable emergency management plan
No direction may be given under section 191 that is inconsistent with the provisions of any applicable emergency management plan (within the meaning of section 5 of the Emergency Management Act 2026) that is in force at the time the direction is given.
Crown Organisations (Criminal Liability) Act 2002 (2002 No 37)
After section 6(1)(f), insert:
(g)
an offence against section 196 of the Emergency Management Act 2026.
In section 7(a), after “Building Act 2004,”
, insert “the Emergency Management Act 2026,”
.
Crown Research Institutes Act 1992 (1992 No 47)
In section 43(1)(a), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Customs and Excise Act 2018 (2018 No 4)
In section 165(4)(a), replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 6(1) of the Emergency Management Act 2026”
.
Defence Act 1990 (1990 No 28)
In section 39(2), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 40(2), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 42(a)(ii), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Dog Control Act 1996 (1996 No 13)
In section 2, definition of specified agency, paragraph (b), replace “Director of Civil Defence Emergency Management”
with “Director-General of Emergency Management”
.
In section 2, definition of working dog, replace paragraph (a)(ivc) with:
(ivc)
certified for use by the Director-General of Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Emergency Management Act 2026; or
Education and Training Act 2020 (2020 No 38)
In section 653(1)(a), replace “section 66 or 68 of the Civil Defence Emergency Management Act 2002”
with “section 115 or 120 of the Emergency Management Act 2026”
.
In section 653(1)(b), replace “notified under section 94A of the Civil Defence Emergency Management Act 2002”
with “declared under section 150, 153, or 154 of the Emergency Management Act 2026”
.
In section 655(3), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Fire and Emergency New Zealand Act 2017 (2017 No 17)
In section 6, definition of emergency, replace paragraph (c) with:
(c)
a state of emergency declared under the Emergency Management Act 2026; and
In section 21(1)(a)(iv), replace “civil defence emergency management groups”
with “Emergency Management Committees (within the meaning of section 5 of the Emergency Management Act 2026”
).
In section 48(3), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Hazardous Substances and New Organisms Act 1996 (1996 No 30)
In section 46(1)(b), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 136(1)(b)(i) and (4)(b), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Health Act 1956 (1956 No 65)
In section 70(1), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 71(1), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)
In section 5(2)(f), replace “national or local emergency being declared, or notice of a national or local transition period being given, under the Civil Defence Emergency Management Act 2002”
with “state of national or local emergency or a national or local transition period being declared, under the Emergency Management Act 2026”
.
In section 13(1)(g), replace “national or local emergency or a national or local transition period (under the Civil Defence Emergency Management Act 2002)”
with “state of national or local emergency or a national or local transition period (under the Emergency Management Act 2026)”
.
In section 60(1), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Replace section 60(2) with:
(2)
Unless otherwise expressly provided for, this subpart applies instead of subpart 2 if an emergency authority is sought and granted within 12 months, or any further time as is reasonably necessary, after the state of emergency or transition period ends or is terminated under Part 4 of the Emergency Management Act 2026.
In section 61(1), replace “has been declared or a transition period has been notified”
with “or a transition period has been declared”
.
Land Transport Act 1998 (1998 No 110)
In section 79P(2)(a), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Layout Designs Act 1994 (1994 No 116)
In section 20(1)(b), replace “section 66 of the Civil Defence Emergency Management Act 2002”
with “section 115 of the Emergency Management Act 2026”
.
Legislation Act 2019 (2019 No 58)
In Schedule 3, repeal the item relating to the Civil Defence Emergency Management Act 2002.
Limitation Act 2010 (2010 No 110)
In section 46, definition of incapacitated, paragraph (c), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Local Authorities (Members’ Interests) Act 1968 (1968 No 147)
In section 3(3)(d)(vii), replace “declared, or a transition period for which notice is given, under the Civil Defence Emergency Management Act 2002”
with “or transition period declared under the Emergency Management Act 2026”
.
Local Government Act 2002 (2002 No 84)
In section 48J(1)(a), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 256, definition of problem, paragraph (a)(iii), replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 5 of the Emergency Management Act 2026”
.
In Schedule 3, replace clause 43(1)(f) and (g) with:
(f)
if an area is included in the district of another territorial authority, provisions that the regional emergency management plan for the district in which the area is included applies to the area so included and is the only operative local emergency management plan to apply in that area:
(g)
if a new district or region is constituted, provisions that every regional emergency management plan that is in force in respect of any area included in that district or region continues in force until a new plan is prepared and approved for the district under the Emergency Management Act 2026:
Local Government (Auckland Council) Act 2009 (2009 No 32)
In section 15(1)(a), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Local Government (Water Services) Act 2025 (2025 No 42)
In section 177(1)(a), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 217(2)(c) and (4), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)
In section 63, definition of emergency activity, paragraph (c)(i), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Maritime Security Act 2004 (2004 No 16)
In section 80(3)(a), replace “under Part 5 of the Civil Defence Emergency Management Act 2002”
with “under subpart 2 of Part 4 of the Emergency Management Act 2026”
.
In section 80(3)(b), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Maritime Transport Act 1994 (1994 No 104)
In section 100(5)(c), replace “under Part 5 of the Civil Defence Emergency Management Act 2002”
with “under subpart 2 of Part 4 of the Emergency Management Act 2026”
.
In section 100(5)(d), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 254(3)(a), replace “under Part 5 of the Civil Defence Emergency Management Act 2002”
with “under subpart 2 of Part 4 of the Emergency Management Act 2026”
.
In section 254(3)(b), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 312(1)(a), replace “under Part 5 of the Civil Defence Emergency Management Act 2002”
with “under subpart 2 of Part 4 of the Emergency Management Act 2026”
.
In section 312(1)(b), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Marlborough Agricultural and Pastoral Association Empowering Act 1974 (1974 No 5 (P))
In section 7(1), replace “civil defence emergency under the Civil Defence Act 1962”
with “emergency being declared under the Emergency Management Act 2026”
.
National Animal Identification and Tracing Act 2012 (2012 No 2)
In section 34(1), replace “relevant agency”
with “relevant decision-maker”
.
In section 34(2)(a)(i), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 34(6), replace “relevant agency means the agency that makes the declaration under Part 4 of the Civil Defence Emergency Management Act 2002”
with “relevant decision-maker means the decision-maker that makes the declaration under Part 4 of the Emergency Management Act 2026”
.
In section 40(2), definition of emergency services, replace paragraph (a) with:
(a)
emergency services within the meaning of section 5 of the Emergency Management Act 2026; and
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 (2019 No 19)
In section 12(3)(b)(i), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Ngāti Rangi Claims Settlement Act 2019 (2019 No 40)
In section 109(4), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In Schedule 5, replace clause 3 with:
3 Act to which section 109(4) refers
Section 109(4) applies to the Emergency Management Act 2026 in relation to the function of the Manawatu-Wanganui Emergency Management Committee to develop, approve, or review a regional emergency management plan.
Ombudsmen Act 1975 (1975 No 9)
In Schedule 1, Part 3, repeal the item relating to Civil Defence Emergency Management Groups.
In Schedule 1, Part 3, insert in its appropriate alphabetical order:
Emergency Management Committees maintained or established under the Emergency Management Act 2026
Patents Act 2013 (2013 No 68)
Replace section 185(1)(b) with:
(b)
to assist in the exercise of powers and the implementation of emergency management during a state of emergency declared under the Emergency Management Act 2026.
Petroleum Demand Restraint Act 1981 (1981 No 12)
Replace section 26(c) with:
(c)
the Emergency Management Act 2026; or
Public Finance Act 1989 (1989 No 44)
In section 25(1)(a), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Public Safety (Public Protection Orders) Act 2014 (2014 No 68)
In the heading to section 75, replace “civil defence emergency”
with “emergency”
.
In section 75(1), replace “a civil defence emergency”
with “an emergency”
.
In section 75(5), replace “civil defence emergency”
with “emergency”
.
In section 75(5)(a), replace “a lifeline utility”
with “essential infrastructure provider (as defined in section 5 of the Emergency Management Act 2026).”
.
Radiation Safety Act 2016 (2016 No 6)
In section 54(1)(b) and (8), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 55(1)(b), replace “is not in force under the Civil Defence Emergency Management Act 2002”
with “related to the radiation danger is not in force under the Emergency Management Act 2026”
.
In section 55(5)(b), replace “is declared under the Civil Defence Emergency Management Act 2002”
with “related to the radiation danger is declared under the Emergency Management Act 2026”
.
In section 57(2)(a), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 57(2)(b), replace “the Director of Civil Defence Emergency Management or a Controller (within the meaning of the Civil Defence Emergency Management Act 2002)”
with “the Director-General of Emergency Management or a Controller (within the meaning of the Emergency Management Act 2026)”
.
Resource Management Act 1991 (1991 No 69)
In section 330(1), replace “lifeline utility”
with “essential infrastructure provider”
in each place.
Replace section 330(5) with:
(5)
In this section and section 330A, essential infrastructure provider means an essential infrastructure provider within the meaning of section 7(1) of the Emergency Management Act 2026 other than an essential infrastructure provider that is a network utility operator to which subsection (1)(c) applies.
In section 330A(1) and (2), replace “lifeline utility”
with “essential infrastructure provider”
.
In the heading to section 330B, replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 330B(1), replace “emergency powers during a state of emergency declared, or transition period notified, under the Civil Defence Emergency Management Act 2002”
with “powers under Part 4 of the Emergency Management Act 2026”
.
Replace section 331AA(6)(a) to (c) with:
(a)
may apply only to a location where, under the Emergency Management Act 2026, a state of emergency or transition period has been declared; and
(b)
may be made, or continue to apply to that location, after the state of emergency or transition period ends; and
(c)
are revoked on the date that is 3 years after the first state of emergency or transition period is declared, or any earlier date specified in the regulations.
Tax Administration Act 1994 (1994 No 166)
In section 3(1), definition of emergency event, paragraph (a), replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 6(1) of the Emergency Management Act 2026”
.
In section 6J(1)(a)(ii), replace “section 66 of the Civil Defence Emergency Management Act 2002”
with “section 115 of the Emergency Management Act 2026”
.
In section 91AAS(1), replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 6(1) of the Emergency Management Act 2026”
.
In section 183ABA(4)(a), replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 6(1) of the Emergency Management Act 2026”
.
Telecommunications Act 2001 (2001 No 103)
In section 239(2)(c), replace “Director of Civil Defence Emergency Management”
with “Director-General of Emergency Management”
.
Trade (Anti-dumping and Countervailing Duties) Act 1988 (1988 No 158)
In section 3(1), definition of emergency, replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 6(1) of the Emergency Management Act 2026”
.
Urban Development Act 2020 (2020 No 42)
In section 9, definition of nationally significant infrastructure, replace paragraph (i) with:
(i)
the port companies recognised as essential infrastructure providers under Schedule 3 of the Emergency Management Act 2026
Volunteers Employment Protection Act 1973 (1973 No 25)
In section 14A(a)(ii), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Waste Minimisation Act 2008 (2008 No 89)
In section 5(1), definition of emergency, replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 6(1) of the Emergency Management Act 2026”
.
In section 38A(3)(a)(iii), replace “national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002”
with “national emergency management plan made under section 89 of the Emergency Management Act 2026”
.
Water Services Act 2021 (2021 No 36)
In section 25(8), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
In section 34(4), replace “state of emergency declaration or transition period under the Civil Defence Emergency Management Act 2002 is in effect”
with “declaration of state of emergency or transition period under the Emergency Management Act 2026 is in force”
.
In section 59(3)(b), replace “lifeline utilities”
with “essential infrastructure providers”
.
Replace section 59(8) with:
(8)
In this section, essential infrastructure provider has the meaning set out in section 7(1) of the Emergency Management Act 2026.
In section 61(2), replace “an emergency is declared under the Civil Defence Emergency Management Act 2002”
with “a state of emergency is declared under the Emergency Management Act 2026”
.
Replace section 61(2)(a) with:
(a)
in the case of a—
(i)
state of national emergency declared under the Emergency Management Act 2026, the National Controller (within the meaning of section 5 of that Act); and
(ii)
state of local emergency declared under that Act, the Regional Controller or District Controller (within the meaning of those terms in section 5 of that Act); or
Wellington Town Belt Act 2016 (2016 No 1 (L))
In section 16(3)(c), replace “Civil Defence Emergency Management Act 2002”
with “section 6(1) of the Emergency Management Act 2026”
.
Part 2Consequential amendments to secondary legislation
Building (Dam Safety) Regulations 2022 (SL 2022/133)
In regulation 3(1), definition of critical or major infrastructure, paragraph (a), replace “lifeline utility within the meaning of section 4 of the Civil Defence Emergency Management Act 2002”
with “essential infrastructure provider within the meaning of section 7(1) of the Emergency Management Act 2026”
.
In regulation 3(1), definition of critical or major infrastructure, paragraph (b), replace “section 4 of the Civil Defence Emergency Management Act 2002”
with “section 5 of the Emergency Management Act 2026”
.
Replace regulation 17(1)(b)(ii) and (iii) with:
(ii)
an Emergency Management Committee (within the meaning of section 5 of the Emergency Management Act 2026):
(iii)
emergency services (within the meaning of section 5 of the Emergency Management Act 2026); and
Civil Defence Emergency Management Regulations 2003 (SR 2003/89)
In Schedule 2, form 1, replace the paragraph (a) following “This warrant authorises you, within 10 days from its date of issue,— ”
with:
(a)
to enter and search the premises stated above at any time by day or night on [state the number of occasions on which the warrant may be executed] occasion/s during the currency of the warrant; and
In Schedule 2, form 1, paragraph (d), replace “information”
with “[state the information that may be searched for and seized]”
.
District Court Rules 2014 (LI 2014/179)
Replace rule 2.4A(1)(a)(i) with:
(i)
a state of emergency or transition period is declared under the Emergency Management Act 2026; or
Education (Early Childhood Services) Regulations 2008 (SR 2008/204)
In regulation 39A(7), definition of state of emergency, replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Family Court Rules 2002 (SR 2002/261)
In rule 8(1), definition of emergency, paragraph (a), replace “declared under section 66(1) or 68(1) of the Civil Defence Emergency Management Act 2002”
with “as defined in section 5 of the Emergency Management Act 2026”
.
Gas Governance (Critical Contingency Management) Regulations 2008 (SR 2008/426)
In regulation 5, revoke the definition of civil defence emergency.
In regulation 5, insert in its appropriate alphabetical order:
state of emergency means a state of national emergency or a state of local emergency declared under the Emergency Management Act 2026, or any equivalent state declared under any subsequent replacement legislation
In regulation 5, replace the definition of director of civil defence emergency management with:
Director-General of Emergency Management has the same meaning as in section 5 of the Emergency Management Act 2026, and includes any person appointed to an equivalent or a replacement role under any subsequent replacement legislation
Replace regulation 14 with:
14 Emergency Management Act 2026
A person is not required to comply with these regulations if that compliance prevents that person from complying with the requirements of the Emergency Management Act 2026.
In regulation 34(3), replace “a civil defence”
with “an”
.
In regulation 36(b), replace “director of civil defence emergency management”
with “Director-General of Emergency Management”
.
In regulation 51(1)(b), replace “director of civil defence emergency management”
with “Director-General of Emergency Management”
.
Replace regulation 53(1)(e)(ii) with:
(ii)
if there is a state of emergency, the restoration of gas supply to consumers in accordance with guidelines issued by the Director-General of Emergency Management under section 15(5) of the Emergency Management Act 2026 relating to the national emergency management plan, or any equivalent or replacement document under any subsequent replacement legislation; and
In regulation 59(1) and (2), replace “director of civil defence emergency management”
with “Director-General of Emergency Management”
.
In regulation 62(1)(b), replace “director of civil defence emergency management”
with “Director-General of Emergency Management”
.
High Court Rules 2016 (LI 2016/225)
Replace rule 3.3B(1)(a)(i) with:
(i)
a state of emergency or transition period is declared under the Emergency Management Act 2026; or
Land Transport (Road User) Rule 2004 (SR 2004/427)
In clause 1.6, revoke the definition of civil defence emergency vehicle.
In clause 1.6, insert in its appropriate alphabetical order:
emergency management vehicle means a vehicle operated under the instructions of a National Controller or Regional Controller within the meaning of those terms in section 5 of the Emergency Management Act 2026 in an emergency as defined in section 6(1) of that Act
In clause 1.6, definition of emergency vehicle, paragraph (d), replace “a civil defence emergency”
with “an emergency management”
.
New Zealand Distinguished Service Decoration Regulations 2007 (SR 2007/147)
In regulation 4, definition of operation, paragraph (b), replace “civil defence”
with “emergency management”
.
Oranga Tamariki (Residential Care) Regulations 1996 (SR 1996/354)
In regulation 33(2)(d), replace “civil defence”
with “emergency management”
.
Overseas Investment Regulations 2005 (SR 2005/220)
In regulation 3C(2), replace “lifeline utility listed in clauses 2 to 6 of Part A of Schedule 1 of the Civil Defence Emergency Management Act 2002”
with “essential infrastructure provider named or described in Schedule 3 of the Emergency Management Act 2026”
.
Radiocommunications Regulations 2001 (SR 2001/240)
In regulation 44(3), replace “Civil Defence Emergency Management Act 2002”
with “Emergency Management Act 2026”
.
Road User Charges (Applications for Exemption for Certain Classes of Light RUC Vehicles) Regulations 2013 (SR 2013/107)
Replace regulation 6(1)(c)(iii) with:
(iii)
travel to comply with any direction or request given under section 141 of the Emergency Management Act 2026:
Social Security Regulations 2018 (LI 2018/202)
In regulation 67(1C)(a), replace “Part 4 of the Civil Defence Emergency Management Act 2002”
with “Part 4 of the Emergency Management Act 2026”
.
In regulation 189(c), replace “Part 4 of the Civil Defence Emergency Management Act 2002”
with “Part 4 of the Emergency Management Act 2026”
.
In Schedule 8, clause 61(2)(e), replace “Part 4 of the Civil Defence Emergency Management Act 2002”
with “Part 4 of the Emergency Management Act 2026”
.
Legislative history
9 December 2025 |
Introduction (Bill 236–1), first reading and referral to Governance and Administration Committee |
|
5 June 2026 |
Reported from Governance and Administration Committee |
|
(Bill 236–2) |
||
30 June 2026 |
Second reading |
|
25 August 2026 |
Committee of the whole House, third reading |
|
3 September 2026 |
Royal assent |
This Act is administered by the National Emergency Management Agency.
Versions
Emergency Management Act 2026
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