Civil Defence Emergency Management Act 2002

Appointment, functions, and powers of persons involved in civil defence emergency management - Persons authorised to declare state of local emergency or give notice of local transition period

25: Persons appointed and otherwise authorised to declare state of local emergency or give notice of local transition period

You could also call this:

"Who can declare a local emergency or transition period in New Zealand?"

When there is an emergency, some people are chosen to make important decisions. You need to know that a Civil Defence Emergency Management Group picks these people. They choose at least one person to declare a state of local emergency and at least one person to give notice of a local transition period.

These people are chosen from a group of representatives. If more than one person is chosen for a job, the group must say if they have the same power or if one person can only act when another is not available. The group must also say if there are any other conditions or limitations.

If the chosen people cannot do their job, another representative can step in. This person can declare a state of local emergency or give notice of a local transition period.

The mayor of a territorial authority can also declare a state of local emergency or give notice of a local transition period. This is for the district of their territorial authority, and they can do this even if someone else has already been chosen for the job. You can find more information about this in the Civil Defence Emergency Management Amendment Act 2016.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150719.

Topics:

Government and voting > Emergency management

24: Functions and costs of administering authorities and chief executives of administering authorities, or

"Who pays for groups that help manage civil defence emergencies and how they work together"

26: Appointment of Group Controllers, or

"Choosing a leader to help keep people safe during emergencies"

Part 2Appointment, functions, and powers of persons involved in civil defence emergency management
Persons authorised to declare state of local emergency or give notice of local transition period

25Persons appointed and otherwise authorised to declare state of local emergency or give notice of local transition period

A Civil Defence Emergency Management Group must appoint—
at least 1 person as a person authorised to declare a state of local emergency for its area; and
at least 1 person as a person authorised to give notice of a local transition period for its area.

A person appointed under subsection (1) must be chosen from representatives of the members of the Group.
If a Group appoints more than 1 person under subsection (1)(a) or (b), it must state in the instrument of appointment—
whether the appointees have equal status to make a declaration, or give a notice, or whether any of the appointees is authorised to act only in the absence of another named person; and
any other conditions or limitations.

If no person appointed under subsection (1) is or is likely to be able to perform or exercise his or her functions, duties, and powers under this Act, a representative of any member of the Group may exercise the power to declare a state of local emergency, or give notice of a local transition period.
Despite subsections (1) to (4), the mayor of a territorial authority, or an elected member of that territorial authority designated to act on behalf of the mayor if the mayor is absent, may declare a state of local emergency, or give notice of a local transition period, that covers the district of that territorial authority.

Notes

Section 25: replaced, at 9.59 pm on 29 November 2016, by section 13 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).