Civil Defence Emergency Management Act 2002

Preliminary provisions

4: Interpretation

You could also call this:

"What special words mean in the Civil Defence Emergency Management Act 2002"

When you read the Civil Defence Emergency Management Act 2002, you will see many terms that have special meanings. You need to understand what these terms mean to make sense of the Act. The Act explains what each term means, such as "administering authority", "area", and "chief executive officer".

The Act says what "civil defence emergency management" is - it's the work done to keep people and property safe during emergencies. It also explains what a "Civil Defence Emergency Management Group" is - it's a group of local authorities that work together to manage emergencies.

You will also see terms like "constable", "Controller", and "department" - these are all defined in the Act. The Act even explains what a "working day" is - it's any day that is not a Saturday, Sunday, or public holiday.

Other terms you might see include "emergency", "hazard", "lifeline utility", and "local authority". The Act defines all these terms so you can understand what they mean in the context of civil defence emergency management. The Act also talks about "recovery" - this is the process of helping a community get back to normal after an emergency. It's an important part of civil defence emergency management, and the Act explains what it involves.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM149796.


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3: Purpose, or

"This law helps keep you and your community safe from harm by planning for emergencies and managing risks."


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4A: Transitional, savings, and related provisions, or

"Special rules to help change to the new law"

Part 1Preliminary provisions

4Interpretation

  1. In this Act, unless the context otherwise requires,—

    administering authority means, in relation to a Civil Defence Emergency Management Group, the administering authority described in section 23

      area, in relation to a Civil Defence Emergency Management Group,—

      1. means all the districts of the local authorities that are members of the Group; and
        1. extends to—
          1. the landward boundary of the territorial authorities in the Group; and
            1. the seaward boundary of the regions of regional councils or unitary authorities in the Group

            chief executive officer, in relation to a provider, means—

            1. in relation to a company, the person occupying the position of chief executive of the company, by whatever name called:
              1. in relation to a partnership, a partner nominated for the purpose by the partnership:
                1. in relation to an individual provider, the provider:
                  1. in relation to any other provider, including an unincorporated body, a person occupying a position that is comparable with that of chief executive officer of a company, by whatever name called

                    civil defence emergency management

                    1. means the application of knowledge, measures, and practices that—
                      1. are necessary or desirable for the safety of the public or property; and
                        1. are designed to guard against, prevent, reduce, recover from, or overcome any hazard or harm or loss that may be associated with any emergency; and
                        2. includes, without limitation, the planning, organisation, co-ordination, and implementation of those measures, knowledge, and practices

                          Civil Defence Emergency Management Co-ordinating Executive Group or Executive Group means a Group established under section 20

                            Civil Defence Emergency Management Group or Group means a Group established under section 12 or established or re-established under section 22

                              civil defence emergency management group plan means a plan prepared and approved under section 48

                                civil defence emergency management plan means a national civil defence emergency management plan or a civil defence emergency management group plan

                                  constable

                                  1. has the same meaning as in section 4 of the Policing Act 2008; and
                                    1. in Part 5B, includes any person acting under the authority of a constable

                                      Controller means the person who is the National Controller in accordance with section 10, or a Group Controller appointed under section 26

                                        department means a public service agency as defined in section 5 of the Public Service Act 2020

                                          Director means the Director of Civil Defence Emergency Management appointed under section 8

                                            district means the district of a local authority; and includes a region

                                              emergency means a situation that—

                                              1. is the result of any happening, whether natural or otherwise, including, without limitation, any explosion, earthquake, eruption, tsunami, land movement, flood, storm, tornado, cyclone, serious fire, leakage or spillage of any dangerous gas or substance, technological failure, infestation, plague, epidemic, failure of or disruption to an emergency service or a lifeline utility, or actual or imminent attack or warlike act; and
                                                1. causes or may cause loss of life or injury or illness or distress or in any way endangers the safety of the public or property in New Zealand or any part of New Zealand; and
                                                  1. cannot be dealt with by emergency services, or otherwise requires a significant and co-ordinated response under this Act

                                                    emergency services means the New Zealand Police, Fire and Emergency New Zealand, Taumata Arowai, and providers of health and disability services

                                                      Group Controller means a person appointed as a Group Controller under section 26

                                                        Group Recovery Manager means a person appointed as a Group Recovery Manager under section 29

                                                          hazard means something that may cause, or contribute substantially to the cause of, an emergency

                                                            health and disability services means services as defined in section 4 of the Pae Ora (Healthy Futures) Act 2022

                                                              lifeline utility means an entity named or described in Part A of Schedule 1, or that carries on a business described in Part B of Schedule 1

                                                                local authority means a local authority within the meaning of the Local Government Act 2002

                                                                  Local Recovery Manager means a person appointed as a Local Recovery Manager under section 30

                                                                    local transition period means a local transition period notified under section 94B

                                                                      member means a local authority that is a member of a Civil Defence Emergency Management Group

                                                                        Minister means, subject to any enactment, the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

                                                                          national civil defence emergency management plan means a plan made under section 39

                                                                            national civil defence emergency management strategy means a strategy completed under section 31

                                                                              National Controller means the person who is the National Controller in accordance with section 10

                                                                                National Recovery Manager means the person who is delegated specified functions and powers of the Director under section 11A

                                                                                  national significance includes, without limitation, any case where the Minister or the Director considers that—

                                                                                  1. there is widespread public concern or interest; or
                                                                                    1. there is likely to be significant use of resources; or
                                                                                      1. it is likely that the area of more than 1 Civil Defence Emergency Management Group will be affected; or
                                                                                        1. it affects or is likely to affect or is relevant to New Zealand's international obligations; or
                                                                                          1. it involves or is likely to involve technology, processes, or methods that are new to New Zealand; or
                                                                                            1. it 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 notified under section 94A

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

                                                                                                  provider of health and disability services means a provider as defined in section 4 of the Pae Ora (Healthy Futures) Act 2022

                                                                                                    public place means a place that, at any material time, is—

                                                                                                    1. open to or is being used by the public, whether free or on payment of a charge, and whether or not any owner or occupier of the place is lawfully entitled to exclude or reject any person; and
                                                                                                      1. includes, without limitation, any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward

                                                                                                        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 means an activity carried out under this Act or any civil defence emergency management plan to deal with the consequences of an emergency, including, without limitation,—

                                                                                                          1. the assessment and ongoing monitoring of the needs of a community affected by the emergency; and
                                                                                                            1. the co-ordination and integration of planning, decisions, actions, and resources; and
                                                                                                              1. measures to support—
                                                                                                                1. the regeneration, restoration, and enhancement of communities across the 4 environments (built, natural, social, and economic); and
                                                                                                                  1. the cultural and physical well-being of individuals and their communities; and
                                                                                                                    1. government and non-government organisations and entities working together; and
                                                                                                                    2. measures to enable community participation in recovery planning; and
                                                                                                                      1. new measures—
                                                                                                                        1. to reduce risks from hazards; and
                                                                                                                          1. to build resilience

                                                                                                                          Recovery Manager means the National Recovery Manager, a Group Recovery Manager, or a Local Recovery Manager, and includes any person acting under the authority of the National Recovery Manager, a Group Recovery Manager, or a Local Recovery Manager

                                                                                                                            region means a region within the meaning of the Local Government Act 2002

                                                                                                                              regional council means a regional council within the meaning of the Local Government Act 2002

                                                                                                                                representative means an elected member of a local authority, including an elected member of a community board

                                                                                                                                  responsible department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this 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

                                                                                                                                        state of emergency means a state of national emergency or a state of local emergency

                                                                                                                                          state of local emergency means a state of local emergency declared under section 68 or section 69

                                                                                                                                            state of national emergency means a state of national emergency declared under section 66

                                                                                                                                              State services has the same meaning as in section 5 of the Public Service Act 2020

                                                                                                                                                Taumata Arowai means Taumata Arowai established under section 8 of the Taumata Arowai–the Water Services Regulator Act 2020

                                                                                                                                                  territorial authority means a territorial authority within the meaning of the Local Government Act 2002

                                                                                                                                                    transition period means a national transition period or a local transition period

                                                                                                                                                      unitary authority means a unitary authority within the meaning of the Local Government Act 2002

                                                                                                                                                        working day means any day of the week other than—

                                                                                                                                                        1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
                                                                                                                                                          1. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
                                                                                                                                                            1. a day in the period beginning on 25 December in any year and ending with 15 January in the following year.

                                                                                                                                                            Notes
                                                                                                                                                            • Section 4 administering authority: amended, at 9.59 pm on , by section 4(1) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 area: replaced, at 9.59 pm on , by section 4(2) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 chief executive officer: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 civil defence emergency management paragraph (a)(ii): amended, at 9.59 pm on , by section 4(3) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 constable: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 department: replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                                                                                                                            • Section 4 district: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                            • Section 4 emergency services: amended, on , by section 206(1) of the Water Services Act 2021 (2021 No 36).
                                                                                                                                                            • Section 4 emergency services: amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                                                                                                                                            • Section 4 emergency services: amended, at 9.59 pm on , by section 4(4) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 Group Recovery Manager: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 health and disability services: replaced, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                                                                                                                                                            • Section 4 hospital and health service: repealed, at 9.59 pm on , by section 4(6) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 local authority: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                            • Section 4 Local Recovery Manager: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 local transition period: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 National Recovery Manager: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 national transition period: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 owner: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 provider of health and disability services: replaced, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                                                                                                                                                            • Section 4 recovery: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 recovery activities: repealed, at 9.59 pm on , by section 4(7) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 recovery activity: inserted, at 9.59 pm on , by section 4(7) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 Recovery Co-ordinator: repealed, at 9.59 pm on , by section 4(8) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 Recovery Manager: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 region: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                            • Section 4 regional council: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                            • Section 4 State services: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                                                                                                                            • Section 4 Taumata Arowai: inserted, on , by section 206(1) of the Water Services Act 2021 (2021 No 36).
                                                                                                                                                            • Section 4 territorial authority: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                            • Section 4 transition period: inserted, at 9.59 pm on , by section 4(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                                                                                                                                            • Section 4 unitary authority: substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                            • Section 4 working day paragraph (a): replaced, on , by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).
                                                                                                                                                            • Section 4 working day paragraph (ab): inserted, on , by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).