Clause 14 lists the functions of the Director-General of Emergency Management (the Director-General).

Clause 15 sets out the powers of the Director-General, including powers to co-ordinate the use of resources during a state of national emergency or a national transition period and to issue guidelines, codes, and technical standards to persons with responsibilities under the Bill.

Clause 16 provides that the Director-General must act consistently with the national emergency management strategy made under clause 77.

Clause 17 enables the Director-General to publish statements for the purpose of protecting the public that relate to an emergency or a duty imposed on any person under the Bill.

Clause 18 enables the Director-General to perform a function or duty under the Bill that an Emergency Management Committee or person fails to perform within a time period that the Director-General considers reasonable.

Clause 19 provides for the role of National Controller, which may be held by the Director-General or a delegate of the Director-General. The National Controller has certain powers for the purpose of dealing with a state of national emergency.

Clause 20 provides for the role of National Recovery Manager, which may be held by the Director-General or a delegate of the Director-General. The National Recovery Manager has certain powers for the purpose of dealing with a national transition period.

Clause 21 enables the Director-General to delegate functions, duties, and powers.

Clause 22 applies when the Director-General delegates powers to a National Controller or National Recovery Manager, or to another person under clause 21, and provides details about how those delegations operate.

Clause 23 relates to Emergency Management Committees. Existing Civil Defence Emergency Management Groups under the Civil Defence Emergency Management Act 2002 are continued by the Bill as Emergency Management Committees under Schedule 1. Under clause 24, each local authority is required to be a member of an Emergency Management Committee. The clause then provides rules to guide how local authorities can organise themselves into Emergency Management Committees in the event of a local government reorganisation.

Clause 25 provides that an Emergency Management Committee is either a multi-member Emergency Management Committee, made up of multiple local authorities in the same region or adjacent regions, or a unitary authority Emergency Management Committee, made up of a single unitary authority.

Clause 26 requires that, in a multi-member Emergency Management Committee, each local authority member is represented by 1 person on the Committee.

Clause 27 lists the functions of a multi-member Emergency Management Committee.

Clause 28 lists the functions of a unitary authority Emergency Management Committee.

Clause 29 sets out the general powers of Emergency Management Committees, including providing that they have all the powers necessary or expedient to perform their functions.

Clause 30 sets out the powers that local authorities that are members of an Emergency Management Committee have in order to carry out that role.

Clause 31 provides that an Emergency Management Committee must act consistently with the national emergency management strategy made under clause 77.

Clauses 32 to 34 provide for administrative matters in the operation of Emergency Management Committees relating to the appointment of a chairperson, standing orders applicable at meetings, and members’ attendance at Committee meetings by audio and audiovisual link.

Clause 35 enables the Minister to approve the merger of multiple Emergency Management Committees into a single Committee.

Clause 36 sets out rules for the reorganisation of Emergency Management Committee membership in the event of a local government reorganisation that creates new authorities or alters relevant boundaries, districts, or regions.

Clause 37 provides for a local authority to be appointed as the administering authority in each Emergency Management Committee, which, under clause 38, is responsible for the provision of administrative and related services agreed on by that Committee.

Clause 39 requires each Emergency Management Committee to appoint and maintain an Emergency Management Co-ordinating Executive Group and sets out the members that must be included in each group. Under clause 40, each group has the role of providing advice to its Committee, implementing the Committee’s decisions, and carrying out functions relating to the Committee’s regional emergency management plan.

Clause 41 requires an Emergency Management Committee to provide any necessary resources, information, and administrative support to the members of the Emergency Management Co-ordinating Executive Group that are appointed to provide for the interests and values of local Māori communities and of local rural communities.

Clause 42 lists the functions of a local authority that is a member of a multi-member Emergency Management Committee in planning and providing emergency management within that authority’s region or district.

Clause 43 provides that a local authority must, to the extent it is able in the circumstances, continue to carry out its required role during and after an emergency.

Clause 44 provides that, during any period where no state of emergency or transition period is in force for a local authority’s district, it is the chief executive of that local authority who is responsible for co-ordinating the use and provision of resources for the purposes of emergency management. The chief executive may delegate this role to any other person, but remains responsible and accountable for the role as carried out by the delegated person.

Clause 45 provides for the reimbursement of certain costs related to emergency management in an emergency that are incurred by a local authority or a water organisation.

Clause 46 requires the Minister of Local Government to, by notice, identify any offshore island that requires emergency management under the Bill and to assign a responsible Emergency Management Committee for the island. Under clause 47, the Minister and responsible Committee must together carry out functions and duties relating to the emergency management of the island. Clause 48 requires the Minister and responsible Committee to enter into an agreement on how these functions and duties will be performed, and provides for the review of those agreements.

Clause 49 provides for the appointment, by an Emergency Management Committee, of persons who are authorised to declare a state of local emergency or a local transition period for the area that the Committee is responsible for or for parts of that area.

Clause 50 provides that a territorial authority’s mayor or a designated elected member is authorised to declare a state of local emergency or a local transition period for a district or wards within the territorial authority’s district.

Clauses 51 to 55 relate to the appointment and removal of Regional, District, and Local Controllers for each Emergency Management Committee, as well as persons to act as their substitutes in the role if needed. Clause 51 provides for multi-member Committees to appoint a person as Regional Controller. Clause 52 provides for multi-member Emergency Management Committees to appoint a District Controller, who may be the chief executive of a territorial authority that is a member of the Committee or another suitably qualified and experience person. Clauses 53 and 54 provide similarly to clauses 51 and 52 but in relation to the appointment of Regional Controllers and Local Controllers respectively for a unitary authority Emergency Management Committee. Clause 55 sets out requirements that apply in the case of any of the appointments under clauses 51 to 54.

Clause 56 provides for the role of Regional Controller, including providing that during a state of emergency the Regional Controller is responsible for directing and co-ordinating the use of resources made available for the purposes of the Bill.

Clause 57 provides for the role of District Controllers appointed for multi-member Emergency Management Committees. During a state of emergency in their district, District Controllers are responsible for co-ordinating the use of resources made available for the purposes of the Bill. Under clause 58, Local Controllers appointed for unitary authority Emergency Management Committees do not have that responsibility during states of emergency, but have several functions, duties, and powers set out in the clause.

Clause 59 provides that the Regional Controllers, District Controllers, and Local Controllers and their substitutes must exercise their powers during a state of national emergency or national transition period consistently with the priorities for the use of resources and services determined by the Director-General, National Controller, or National Recovery Manager.

Clauses 60 to 64 relate to the appointment and removal of Regional, District, and Local Recovery Managers for each Emergency Management Committee, as well as persons to act as their substitutes in the role if needed. Clause 60 provides for multi-member Committees to appoint a person as Regional Recovery Manager. Clause 61 provides for multi-member Committees to appoint a District Recovery Manager, who may be the chief executive of a territorial authority that is a member of the Committee or another suitably qualified and experience person. Clauses 62 and 63 provide similarly to clauses 60 and 61 but in relation to the appointment of Regional Recovery Managers and Local Recovery Managers respectively for unitary authority Emergency Management Committees. Clause 64 sets out requirements that apply in the case of any of the appointments under clauses 60 to 63.

Clause 65 provides for the role of Regional Recovery Manager, including providing that, during a transition period, the Regional Recovery Manager is responsible for directing and co-ordinating the use of resources made available for the purposes of the Bill.

Clause 66 provides for the role of District Recovery Managers appointed for multi-member Emergency Management Committees. During a transition period in their district, District Recovery Managers are responsible for co-ordinating the use of resources made available for the purposes of the Bill. Under clause 67, Local Recovery Managers appointed for unitary authority Emergency Management Committees do not have that responsibility during states of emergency, but have several functions, duties, and powers set out in the clause.

Clause 68 provides that Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers and their substitutes must exercise their powers during a state of national emergency or national transition period consistently with the priorities for the use of resources and services determined by the Director-General, National Controller, or National Recovery Manager.

Clause 69 provides for the role of a government agency that is identified as a lead agency in the national emergency management plan under clause 83 in respect of emergencies caused or contributed to by a particular hazard. The lead agency has the primary responsibility for managing the response to such an emergency. Under clause 70, the lead agency responsibilities can be transferred from a government agency to another government agency or to an Emergency Management Committee with the agreement of the agency or Committee to which the responsibilities are to be transferred.

Clause 71 requires any person with emergency management functions or responsibilities to take all necessary steps to undertake or perform them.

Clause 72 sets out the duties for emergency services, which include participating in developing the national emergency management strategy and emergency management plans and providing members required for Emergency Management Co-ordinating Executive Groups.

Clause 73 and Schedule 3 provide for entities, or classes of entities, to be listed as essential infrastructure providers. Essential infrastructure providers are required, under section 74, to ensure that their essential infrastructure is able to function to the fullest possible extent as well as to carry out other duties set out in that clause.

Clause 75 empowers the Governor-General to insert, remove, or amend an essential infrastructure provider listed in Schedule 3.

Clause 76 enables the Minister to, by notice in the Gazette, exempt an entity, or a class of entities, listed in Schedule 3 from any conditions set for essential infrastructure.

Clause 77 provides that the Minister must make a national emergency management strategy, which must include goals, objectives, and measurable targets related to emergency management.

Clause 78 provides that the Minister must review a national emergency management strategy within 10 years of it taking effect. Upon review, the Minister may decide to replace or amend the strategy or retain it as is.

Clause 79 sets out the procedure for the Minister to amend or replace the national emergency management strategy, including requirements for publication and consultation before the new or revised strategy may be made.

Clause 80 lists matters that must be considered by any person performing a function that relates to the development of a national emergency management plan (made under clause 82) or a regional emergency management plan (approved under clause 90).

Clause 81 applies when the Minister or an Emergency Management Committee is recommending or approving provisions of an emergency management plan and requires them to evaluate the proposed changes on the basis of a number of considerations before making a change.

Clause 82 empowers the Governor-General to make, on the recommendation of the Minister, regulations providing for a national emergency management plan.

Clause 83 provides that a national emergency management plan may identify government agencies as lead agencies in respect of emergencies caused or contributed to by a particular hazard.

Clause 84 requires the Minister to review the national emergency management plan in full at least once every 5 years and may also review any part of the plan at any time.

Clause 85 provides that requirements apply under clauses 86 and 87 when a national emergency management plan is being reviewed under clause 84 before the regulations can be made under clause 82 to effect the recommended changes. Under clause 86, the Director-General must engage with communities likely to be disproportionately affected by an emergency, and with Māori interests and knowledge, in the development of a proposal to amend, replace, or leave the national plan unchanged. The Minister must then consider whether to approve the proposal submitted by the Director-General. Under clause 87, the Minister must publicly notify that proposal.

Clauses 88 and 89 enable targeted and minor amendments to be made to the national emergency management plan that do not require a review of the plan under clause 84.

Clause 90 requires each Emergency Management Committee to prepare and approve a regional emergency management plan.

Clause 91 sets out the requirements for the content of regional emergency management plans. These include—

• the hazards and risks to be managed by the Committee and the emergency management and strategic planning needed to manage and recover from those hazards and risks; and

• the objectives of the plan; and

• the apportionment of liability between local authorities; and

• the arrangements for making emergency declarations and for co-operating with other Emergency Management Committees; and

• the arrangements for the needs of communities that may be disproportionately affected in an emergency; and

• the arrangements for how offers of assistance with emergency management are to be managed during an emergency; and

• the arrangements for managing animals during an emergency.

Clause 92 enables an Emergency Management Committee to incorporate material into the Committee’s regional emergency management plan by reference.

Clause 93 requires an Emergency Management Committee to review its regional emergency management plan in full at least once every 5 years and when directed to by the Minister, as well as enabling it to review any part of the plan at any time. This clause requires that the procedures set out in clauses 94 to 96 must be carried out before the Committee can make a decision on a proposal following a review. Under clause 94 the Committee is required to engage with certain community representatives in the developing a proposal. The Committee must publicly notify a proposal under clause 95 and must seek comments and direction on the proposal from the Minister under clause 96.

Clauses 97 and 98 enable an Emergency Management Committee to make targeted or minor amendments to its regional emergency management plan without a review of the plan under clause 93.

Clauses 100 to 103 relate to regional emergency management planning standards (a planning standard) and provide for the following:

• clause 100 empowers the Minister to issue planning standards, which may apply to the plan or 1 or more Emergency Management Committees:

• clause 101 lists the matters that the Minister must consider and the consultation and publication requirements when preparing a draft planning standard or amending an existing planning standard:

• clause 102 sets out the requirements when the Minister issues amendments to planning standings:

• clause 103 enables the Minister to withdraw, by notice, all or part of a draft planning standard.

Clauses 104 to 106 relate to sector response plans and provide for the following:

• clause 104 enables the Director-General to develop and approve a sector response plan that provides for co-ordination between 1 or more classes of essential infrastructure providers in consultation with those providers and other relevant agencies and persons:

• clause 105 lists matters that may be included in a sector response plan, and provides that a plan may not place mandatory requirements or duties on any person:

• clause 106 allows the Director-General to amend, replace, or revoke a sector response plan, with consultation requirements for replacing or making major amendments to a plan.

Clause 108 defines authorised person, a key term used in subpart 1, to mean a person authorised or otherwise empowered, under clause 49 or 50, to declare a state of local emergency.

Clauses 109 to 111 relate to declaring a state of national emergency and provide as follows:

• clause 109 authorises the Minister to declare a state of national emergency over the whole or parts of New Zealand before or after an emergency if the emergency management required is beyond the resources of the relevant Emergency Management Committees:

• clause 110 authorises the Minister to extend the location to which a state of national emergency applies if the existing state of national emergency applies to only part (rather than the whole) of New Zealand:

• clause 111 requires Parliament to meet no later than 7 days after the Minister has declared a state of national emergency.

Clause 112 limits the exercise of the powers in clauses 113, 114, 117, and 119 by specifying that an authorised person may exercise those powers only in respect of an area, district, or ward for which they are authorised to declare a state of local emergency.

Clauses 113 to 115 relate to declaring a state of local emergency and provide as follows:

• clause 113 authorises an authorised person or, if an authorised person has not done so, the Minister to declare a state of local emergency:

• clause 114 provides that an authorised person or the Minister may declare a state of local emergency for another unaffected location that the authorised person or Minister considers has resources required to assist the affected location:

• clause 115 provides that a state of local emergency may be declared or remain in force while a state of national emergency or national transition period is in force in respect of another emergency, even if both emergencies affect the same location.

Clauses 116 to 120 relate to the commencement, duration, extension, and termination of states of both national and local emergency and provide as follows:

• clause 116 provides that a state of emergency starts when the state of emergency is declared and expires 7 days after it starts:

• clause 117 provides for the extension of the duration of a state of national emergency by the Minister and the extension of a state of local emergency by an authorised person or the Minister:

• clause 118 provides that an extension under clause 117—

  • must be declared before the state of national or local emergency expires:

  • expires 7 days after it starts, unless a further extension is declared:

  • may apply to a smaller location than the location to which it previously applied:

• clause 119 provides that the Minister or an authorised person may declare that a state of emergency has been terminated. Alternatively, a state of local emergency expires if an authorised person or the Minister declares a local transition period under clause 145 or 146:

• clause 120 sets out the form and publication requirements for a declaration of a state of emergency. A person who makes a declaration must immediately notify the public by any reasonably practicable means of communication and publish the declaration as soon as is reasonably practicable.

Clause 121 defines key terms used in subpart 2. Key terms defined include—

• authorised Controller, which means a Regional Controller or a District Controller:

• specified person, which means the National Controller, a Regional Controller, a District Controller, or a constable.

Clause 122 authorises the Minister to direct the Director-General, an Emergency Management Committee, or a person to perform or exercise any of the functions, duties, or powers conferred on that person or body under the Bill if a state of emergency is in force or an imminent threat of emergency exists. The Minister may direct the Emergency Management Committee or the person to perform or exercise that function, duty, or power under the control, and to the satisfaction, of the Director-General.

Clause 122 also authorises the Minister to direct a responsible person under new section 133BK of the Building Act 2004 to exercise any of their powers under subpart 6B of Part 2 of that Act.

Clause 125 lists the powers of an Emergency Management Committee in a state of emergency. Those powers relate to rescue and relief, transport, equipment, and facilities, public information, and contractual arrangements and are subject to the requirement to act consistently with any directions of the Minister or the Director-General.

Clause 126 enables certain persons associated with an Emergency Management Committee to enter into a contract on behalf of the Committee for the purposes of this Bill, despite anything in the Public Bodies Contracts Act 1959.

Clause 127 lists the powers of an authorised Controller in a state of emergency, including carrying out works, clearing roads, removing or securing dangerous structures, and providing for the conservation and supply of food, fuel, and other essential resources.

Clauses 128 to 135 authorise a specified person to exercise the following powers in an area in respect of which a state of emergency is in force:

• evacuate or exclude persons or vehicles from any premises or place, including any public place (clause 128):

• enter on or into a premises or place if necessary for reasons relating to preserving human life and relieving suffering of people or unnecessary or unreasonable pain or distress of animals (clause 129):

• prohibit or restrict public access to a road or public place (clause 130). This power may also be exercised by a person authorised by a relevant emergency management plan to exercise this power:

• remove or break into an aircraft, ship, train, or vehicle if it is impeding emergency management (clause 131):

• requisition property by assuming the control and direction of that property (clause 132). Property is defined in clause 121:

• take actions relating to property, animals, or other things, including examining, seizing, or destroying that property, animal, or thing (clause 133):

• direct a person to stop an activity or request a person to take an action related to the emergency (clause 134):

• direct the owner of a structure, or the owners of a class of structures, to obtain an assessment of the effect of the emergency on that structure or class of structure (clause 135 and see clause 136 for notice requirements for a direction under clause 135).

Clauses 128 to 135 provide that those powers are subject to limitations that, in broad terms, require the powers to be exercised for the purposes of limiting, reducing, or preventing the effects of the emergency.

Clauses 137 to 140 provide for the District Court to issue a warrant authorising a constable to enter and search any premises to obtain certain information and provide as follows:

• clause 137 provides that, if a person in possession of information requested under this Bill (see clause 170) has refused to provide it, a District Court Judge may issue a warrant authorising a constable to enter and search any premises, other than a private dwelling or marae, to obtain the information if it is urgently required to prevent or limit the extent of an emergency:

• clause 138 prescribes the form and content requirements of such a warrant, including that it may state any special conditions:

• clause 139 sets out the powers that the constable who is executing such a warrant is authorised to exercise:

• clause 140 provides that any information or document seized by a constable under clause 139 must be given to the Director-General, a Controller, or a person authorised by an Emergency Management Committee and, when it is no longer required, must be returned to the person from whom it was seized.

Clause 141 defines authorised person, a key term used in subpart 1, to mean a person authorised or otherwise empowered, under clause 49 or 50, to declare a local transition period.

Clauses 142 and 143 relate to declaring a national transition period and provide as follows:

• clause 142 authorises the Minister to declare a national transition period that applies to the whole country or to 1 or more areas or districts after an emergency, whether or not a state of emergency has been declared, if the Minister considers that a national transition period is required:

• clause 143 authorises the Minister to extend the location to which a national transition period applies if the existing national transition period applies to only part (rather than the whole) of New Zealand.

Clause 144 limits the exercise of the powers in clauses 145, 147, 151, and 153 by specifying that an authorised person may exercise those powers only in respect of an area, district, or ward for which they are authorised to declare a local transition period.

Clauses 145 to 149 relate to declaring a local transition period and provide as follows:

• clause 145 authorises an authorised person to declare a local transition period after an emergency if a state of emergency has been declared. If no state of emergency has been declared, an authorised person may declare a local transition period with the Minister’s approval:

• clause 146 authorises the Minister, if an authorised person has not already done so, to declare a local transition period relating to an emergency, whether or not a state of emergency has been declared:

• clause 147 authorises the Minister or an authorised person to declare a further local transition period for another, unaffected location that the Minister or authorised person considers has resources required to assist the affected location:

• clause 148 sets out matters an authorised person or the Minister must consider when deciding whether to declare or extend a national or local transition period. These requirements relate to—

  • the public interest:

  • ensuring a timely and effective recovery:

  • whether the focus of activities in the affected area is moving from response to recovery:

• clause 148 also requires the Minister to consult relevant Emergency Management Committees and the mayor of any affected local authority:

• clause 149 provides that a local transition period may be declared or remain in force while a state of national emergency or national transition period is in force in respect of another emergency, even if both emergencies affect the same location.

Clauses 150 to 154 relate to the commencement, duration, extension, and termination of both national and local transition periods and provide as follows:

• clause 150 provides for the commencement and duration of transition periods. Unless earlier terminated or extended, national transition periods are in force for 90 days and local transition periods are in force for 28 days. National and local transition periods commence—

  • on the expiry of the state of emergency under clause 116, if the transition period is declared to come into force on the expiry of the state of emergency; or

  • on the termination of the state of emergency under clause 119; or

  • at the time and on the date that the transition period is declared:

• clause 151 provides that a transition period may be extended before an existing transition period expires and, if necessary, can be made to apply to a smaller location as part of the time extension. This clause provides that—

  • the Minister may extend a national transition period:

  • the Minister or an authorised person may extend a local transition period:

• clause 152 provides for the commencement and duration of an extension, which is similar to the commencement and duration of the original declaration (see clause 150). A transition period may be extended more than once but the House of Representatives must be informed of a third or further extension:

• clause 153 provides for the Minister to terminate a national transition period and for the Minister or an authorised person to terminate a local transition period:

• clause 154 prescribes the content and publication requirements for declarations of transition periods and of extensions and terminations to transition periods.

Clause 155 defines key terms used in subpart 4. Key terms defined include authorised Recovery Manager, which means the National Recovery Manager, a Regional Recovery Manager, or a District Recovery Manager.

Subpart 4 sets out the powers that may be exercised during a national or local transition period. Those powers may be exercised by the following people:

• the Minister (clause 156):

• authorised Recovery Managers (clauses 160 to 165), provided that the requirements in clause 158 are met:

• constables (clauses 161 to 165), provided that the requirements in clause 159 are met.

Clause 157 provides that the powers in clauses 160 to 165 apply if a state of national or local emergency is in force in an area.

Clause 156 authorises the Minister to direct the Director-General, an Emergency Management Committee, or a person to perform or exercise any of the functions, duties, or powers conferred on that person or body under the Bill. The Minister may direct the Emergency Management Committee or the person to perform or exercise that function, duty, or power under the control, and to the satisfaction, of the Director-General.

Clause 156 also authorises the Minister to direct a responsible person under new section 133BK of the Building Act 2004 to exercise any of their powers under subpart 6B of Part 2 of that Act.

Clause 160 lists the powers of a Recovery Manager in a transition period, including carrying out works, clearing roads, removing or securing dangerous structures, and providing for the supply of food, fuel, and other essential resources.

Clauses 161 to 165 authorise an authorised Recovery Manager or a constable to exercise the following powers:

• evacuate or exclude any persons or vehicles from any premises or place, including any public place (clause 161):

• enter on or into, or break into, any premises or place if necessary for reasons relating to preserving human life and relieving suffering of people or unnecessary or unreasonable pain or distress of animals (clause 162):

• prohibit or restrict public access to a road or public place (clause 163):

• direct a person to stop an activity or request a person to take an action related to the emergency (clause 164):

• direct the owner of a structure, or the owners of a class of structures, to obtain an assessment of the effect of the emergency on that structure or class of structure (clause 165, and see clause 166 for notice requirements for a direction under clause 165).

Subpart 5 contains clauses that relate to Part 4 as a whole and provides as follows:

• clause 167 requires a person who is exercising a power under Part 4 to be prepared to produce evidence of their identity and the authority under which they are acting:

• clause 168 applies the content, consultation, presentation, and publication requirements specified in Schedule 4 to the written reports that must be produced following the termination or expiry of—

  • a state of national or local emergency (see Part 1 of Schedule 4):

  • a national or local transition period (see Part 2 of Schedule 4):

• clause 169 provides that, if a state of emergency or transition period is declared, the Resource Management Act 1991 applies to emergency works as provided for in section 330B of that Act.

Clauses 170 to 173 relate to powers under the Bill to require the provision of information relating to emergency management.

Clause 170 authorises the following people to require any person to give them information relating to emergency management at the following times:

• at all times, the Director-General and an Emergency Management Committee (or a person acting under their authority):

• during a state of emergency, the National Controller, a Regional Controller, and a District Controller:

• during a transition period, the National Recovery Manager, a Regional Recovery Manager, and a District Recovery Manager.

Clause 170 requires that the information requested must be,—

• in the opinion of the person or Committee requiring the information, reasonably necessary for them to obtain in order to exercise emergency management; and

• in the possession of the person who is asked to give the information; and

• capable of being provided without unreasonable difficulty or expense.

Clause 171 provides that information that is required to be given to the Director-General, an Emergency Management Committee, or a Recovery Manager must be given in a form and at a time specified by the person requesting the information.

Clause 172 provides that a requirement to give information under clause 170 does not include information concerning a person’s medical history or information protected by legal professional privilege.

Clause 173 provides that a person who receives information obtained under clauses 74(f), 135(1), 137, 165(1), or 170 may use or disclose that information only for the purposes of this Bill, with the following 2 exceptions:

• the person may disclose the information to a responsible person under the Building Act 2004 in connection with the exercise of powers under subpart 6B of Part 2 of that Act:

• information obtained under clause 74(f) must not be used for the purpose of enforcing obligations under this Bill or regulations.

Clauses 174 to 178 relate to compliance orders, which the Director-General may serve on any person to ensure compliance with the Bill and requirements in related legislation. Compliance orders—

• may require a person to do something or stop doing something, or prohibit them from starting something (clause 174):

• must be complied with within the period specified in the order, at the expense of the person to whom it is issued (clause 175):

• have specified form and content requirements, including that they must state the right of appeal under clause 207 (clause 176):

• may be varied or revoked by the Director-General at any time other than during the period for appealing the compliance order, when the Director-General may amend or revoke the order only if they receive new information that relates to the order (clause 177):

• may be enforced by an order of the District Court, on application by the Director-General, if the court is satisfied that a person has refused to comply with or has contravened a compliance order (clause 178).

Clauses 179 to clause 189 provide for offences and associated penalties. The Bill makes it an offence for a person to—

• intentionally fail or refuse to comply with a requirement in an emergency management plan (clause 179):

• intentionally fail to comply with a direction to evacuate a premises or place given under clause 128 or 161 (clause 180):

• intentionally fail or refuse to obtain or provide an assessment of a structure required under clause 135(1) or 165(1) within the required time (clause 181(1)(a) and (b)):

• knowingly provide false or misleading information in an assessment of a structure required under clause 135(1) or 165(1) (clause 181(1)(c)):

• intentionally fail to comply with a prohibition or restriction imposed under clause 130 or 163 on access to a road or public place (clause 182):

• intentionally fail to comply with a direction given under clause 132(2) involving requisitioning or to provide assistance with respect to requisitioned property under clause 132(6) (clause 183):

• intentionally fail to comply with a direction to stop or take an action given under clause 134(a) or 164(a) (clause 184):

• intentionally fail or refuse to supply information or knowingly give false or misleading information when required to provide information under clause 170 (clause 185):

• intentionally disclose or use information in breach of clause 74(g) or 173 (clause 186):

• fail to comply with a compliance order served under clause 174 (clause 187):

• threaten or intentionally obstruct or hinder a person’s performance of a function or duty under this Bill during a state of emergency or transition period (clause 188):

• intentionally personate or falsely represent themselves to be a specified person who has functions and duties under this Bill (clause 189).

Clause 190 defines compensatory amount, a term used in subpart 4 of Part 5, to mean the monetary amount a person has received or may reasonably be expected to receive as a result of a contract of insurance or damages, compensation, or an ex gratia payment for loss of, or damage to, personal property.

Clauses 191 to 200 provide for the payment of compensation, in certain circumstances, to people who have suffered loss or damage to property arising out of actions taken during a state of emergency or transition period. Those clauses apply as follows:

• a person whose property has been requisitioned under the Bill and suffers loss or damage may apply for compensation under clause 191:

• a person who suffers loss or damage to their personal property as a result of that person performing a function or duty arising from a state of emergency or transition period may apply for compensation under clause 193, provided that they are not eligible to apply for compensation under clause 191:

• a person who suffers loss or damage to their property as a result of an exercise of the powers under clauses 128 to 135 or 161 to 165 may make a claim to the court for compensation under clause 197, provided that they are not eligible to apply for compensation under clause 191 or 193.

Clause 191 provides that compensation is payable to a person whose property has been requisitioned under the Bill (see clause 132). The compensation available is the value of the use of, or loss or damage to, the property less any compensatory amount (see clause 190 for the definition of compensatory amount).

Clause 192 specifies who is liable to pay compensation under clause 191: the Crown, the responsible Emergency Management Committee, or the responsible territorial authority.

Clause 193 provides that compensation is payable to the following persons for loss or damage to their personal property as a result of the person performing a function or duty arising from a state of emergency or transition period:

• a person who carries out emergency management under the direction of the Director-General, an Emergency Management Committee, a Controller, or a Recovery Manager:

• a member of an Emergency Management Committee:

• a person or class of person to whom the Minister determines clause 193 applies.

The compensation available under clause 193 is the value of the lost or damaged personal property less any compensatory amount (see clause 190 for the definition of compensatory amount). Clause 193 does not apply if a person is eligible to apply for compensation under clause 191.

Clause 194 specifies who is liable to pay compensation under clause 193: the Crown, the responsible Emergency Management Committee, or the responsible territorial authority.

Clause 195 provides that, when compensation is payable by more than 1 party, the cost must be divided equally among the parties (unless the parties agree otherwise).

Clause 196 provides that a court may hear disputes arising under clause 191 or 193 that relate to entitlement to compensation, the amount of compensation payable, or the liability of parties to pay compensation.

Clauses 197 and 198 provide that the person may make a claim to the court for compensation from the Crown, the responsible Emergency Management Committee, or the responsible territorial authority. A claim may be brought only in respect of uninsured loss or damage that does not exceed the replacement value of that property.

Clause 199 provides that compensation recovered as a result of a claim brought under clause 197 must be paid in accordance with certain principles.

Clause 200 sets out the matters that the court must take into account when determining the application of clauses 197 to 199.

Clauses 202 to 204 provide that a person who performs or exercises a function, duty, or power under the Bill is protected from civil liability for—

• an act or omission in performing or exercising those functions, duties, or powers in relation to a state of emergency or transition period, subject to the provisions for compensation in clauses 191 to 200:

• loss or damage that is due directly or indirectly to the person issuing a warning, or failing to issue a warning, about a hazard in accordance with the Bill.

Clause 202 also provides an equivalent protection for a person acting under the direction of a person who performs or exercises a function, duty, or power under the Bill.

Clause 205 provides that a person is not liable for dismissal for absence from their usual employment if the absence was due to the person being required to carry out emergency management duties during a state of emergency or transition period.

Clause 201 allows for an Emergency Management Committee to recover emergency management costs and expenses from another Emergency Management Committee for which it has agreed to undertake emergency management.

Clause 206 sets out the requirements for serving documents under this Bill.

Clauses 207 to 209 set out matters relating to appeal rights under the Bill. Those clauses provide as follows:

• clause 207 provides that a person may appeal to the District Court on the grounds that any of the following were unreasonable:

  • a direction to obtain an assessment in relation to a structure:

  • a compliance order:

  • a requirement to give information:

• clause 207 also specifies the time limit within which a person must bring an appeal and sets out the court’s powers on appeal:

• clause 208 provides that bringing an appeal against a requirement to provide information operates as a stay of that requirement, but bringing an appeal against a compliance order does not have that effect unless the court orders otherwise:

• clause 209 provides that a decision made by the District Court under clause 207(1) may be appealed to the High Court but only on a question of law.

Clauses 210 and 211 relate to the making of secondary legislation in the form of regulations and provide as follows:

• clause 210 authorises the making of regulations on the recommendation of the Minister, given after consultation with appropriate persons and organisations. Regulations may be made under the Bill for a range of purposes, including the following:

  • prescribing the form, use, and wearing of distinguishing warrants and badges for emergency management personnel:

  • prohibiting or regulating an activity that may impede measures taken as part of an emergency management plan:

  • specifying the management of access to restricted areas:

• clause 211 specifies matters to which the Minister must have regard before recommending the making of regulations under clause 210 that impose requirements on a person other than the Minister, the Director-General, or an Emergency Management Committee.

Clauses 212 to 215 relate to the making of secondary legislation in the form of rules and provide as follows:

• clause 212 authorises the Minister to make rules for specified purposes, including for prescribing forms, technical and data standards, and reporting requirements:

• clause 213 specifies things that the Minister must do and matters to which the Minister must have regard before making rules under clause 212. The Minister must—

  • comply with specified procedural requirements relating to public notice, submissions, and consultation; and

  • have regard to the purposes of the Bill and the costs of implementing the rules:

• clause 214 authorises the Director-General to exempt specified persons or classes of persons from compliance with requirements in a rule made under clause 212, unless the rule prohibits such exemptions:

• clause 215 provides that the Director-General may grant an exemption under clause 214 on any terms that the Director-General thinks fit, provided that the Director-General is satisfied that the exemption is not unnecessarily broad and is consistent with the purposes of the Bill.

Clause 216 provides for the application of the Legislation Act 2019 to the incorporation of material by reference in secondary legislation made under this Bill.

Clause 217 repeals the Civil Defence Emergency Management Act 2002.

Clause 218 makes amendments to other legislation that are consequential on the changes made in the Bill. The amendments are set out in Schedule 5 of the Bill.