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Civil Defence Emergency Management Act 2002

Powers in relation to civil defence emergency management

75: Power of Director to act on default by others

You could also call this:

"The Director can take over a job if someone else doesn't do it on time."

If a Civil Defence Emergency Management Group or person does not do their job on time, the Director can step in and do it for them. The Director can hire people to help get the job done. You need to know that the Director's actions are treated as if the Group or person did the job.

If the Director spends money to get the job done, it must be approved under the Public Finance Act 1989. The Director can recover the expenses from the Group or person who was supposed to do the job. This can be done by asking them to pay the money back or by taking it from money the Crown owes them.

Any money the Director recovers must be paid into a Crown Bank Account or a Departmental Bank Account, as stated in section 65U of the Public Finance Act 1989.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150788.

Topics:
Government and voting > Emergency managementEnvironment and resources > Conservation
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Part 5Powers in relation to civil defence emergency management

75Power of Director to act on default by others

  1. If a Civil Defence Emergency Management Group 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 considers reasonable, the Director may commence and complete the performance of the function or duty.

  2. For the purposes of this section, the Director may employ any officers, employees, contractors, and others 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 under this section, it must be treated for all purposes as having been performed, by the Civil Defence Emergency Management Group or person responsible for performing the function or duty.

  4. All expenses incurred by the Director under this section must be authorised in accordance with the Public Finance Act 1989.

  5. Expenses so incurred, together with reasonable costs for administration, are recoverable as a debt due to the Crown from the Civil Defence Emergency Management Group or the person responsible for performing the function or duty, or may be recovered by deduction from any money payable by the Crown to that Civil Defence Emergency Management Group or the person responsible for performing the function or duty.

  6. All money recovered from a debtor under this section, 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.

  7. Repealed
Compare
Notes
  • Section 75(3): amended, at 9.59 pm on , by section 22(1)(a) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 75(3): amended, at 9.59 pm on , by section 22(1)(b) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 75(4): amended, at 9.59 pm on , by section 22(2) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 75(5): replaced, at 9.59 pm on , by section 22(3) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 75(6): amended, at 9.59 pm on , by section 22(4) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 75(6): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
  • Section 75(7): repealed, at 9.59 pm on , by section 22(5) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).