Civil Defence Emergency Management Act 2002

Powers in relation to civil defence emergency management

84: Minister's power of direction

You could also call this:

"The Minister can give instructions to keep people safe during an emergency"

The Minister has the power to direct people during a state of emergency. You need to know that this happens when there is an emergency or the Minister thinks one is about to happen. The Minister can tell the Director or a Civil Defence Emergency Management Group what to do.

The Minister can direct them to do something they are allowed to do under this Act, or stop doing something they are allowed to do. This can include telling someone to follow the Director's instructions. The Minister can also direct someone who is in charge of an area under a state of emergency and a designation under subpart 6B of Part 2 of the Building Act 2004, to use their powers or stop using them, as seen in section 133BK of the Building Act 2004.

The Minister's directions can be about how someone uses their powers in an emergency. You are affected by these directions if you are in an area under a state of emergency and a designation under the Building Act. The Minister's power to direct is an important part of keeping people safe during emergencies.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150797.

Topics:

Government and voting > Emergency management

83: Restriction on disclosure of information, or

"Keeping emergency information secret, except when it's needed to help with emergencies"

85: Emergency powers of Civil Defence Emergency Management Groups, or

"What special powers do Civil Defence groups have during emergencies to keep you safe?"

Part 5Powers in relation to civil defence emergency management

84Minister's power of direction

This section applies if—
a state of emergency is in force, or the Minister considers that an imminent threat of an emergency exists; and
the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2).

If subsection (1) applies, the Minister may direct the Director or any Civil Defence Emergency Management Group or person—
to perform or exercise any of the functions, duties, or powers conferred on that person or Group under this Act; or
to cease to perform or exercise any of the functions, duties, or powers conferred on that person or Group under this Act.

Subsection (2B) applies if—
an area is subject to—
1. a state of emergency; and
2. a designation under subpart 6B of Part 2 of the Building Act 2004; and
a person who may exercise powers under this Act in relation to the state of emergency is the responsible person under that subpart (see section 133BK of the Building Act 2004).

The Minister may direct that responsible person—
to exercise any of the powers conferred on the person under that subpart; or
to cease to exercise any of those powers.

If, under this section, the Minister directs any Civil Defence Emergency Management Group or person to perform any function or duty or exercise any power, 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.

Compare

1983 No 46 s 73

Notes

Section 84(2): amended, on 17 December 2019, by section 31(1) of the Building Amendment Act 2019 (2019 No 27).
Section 84(2A): inserted, on 17 December 2019, by section 31(2) of the Building Amendment Act 2019 (2019 No 27).
Section 84(2B): inserted, on 17 December 2019, by section 31(2) of the Building Amendment Act 2019 (2019 No 27).