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Civil Defence Emergency Management Act 2002

Powers in relation to civil defence emergency management

90: Requisitioning powers

You could also call this:

"Taking control of property to save lives in an emergency"

Illustration for Civil Defence Emergency Management Act 2002

If there is a state of emergency, a Controller or constable can take control of property if they think it is necessary to save lives. You might be asked to give them your land, building, vehicle, or other things like food or medicine. The Controller or constable will tell you what to do with your property and who will be in charge of it.

The person taking control of your property must give you a written statement saying what property is being taken and who is in charge of it. If you cannot be found, the Controller or constable can take control of your property right away. They will try to give you a written statement as soon as possible.

You must help the person taking control of your property use it safely and effectively. This means you have to do what they ask you to do to help them use your property. You can find more information about this law by looking at the Policing Act 2008 and section 64(1)–(4) of the 1983 Act.

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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=DLM151403.

Topics:
Government and voting > Emergency management
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89: Removal of aircraft, vessels, vehicles, etc, or

"Moving obstructing vehicles, boats, or planes during an emergency"

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91: Power to give directions, or

"People in charge can give you instructions to keep you safe during an emergency"

Part 5Powers in relation to civil defence emergency management

90Requisitioning powers

  1. This section applies if a state of emergency is in force and, in the opinion of a Controller or a constable, the action authorised by this section is necessary for the preservation of human life.

  2. The Controller or constable, or a person authorised by him or her, may direct the owner or person for the time being in control of any land, building, vehicle, animal, boat, apparatus, implement, earth-moving equipment, construction materials or equipment, furniture, bedding, food, medicines, medical supplies, or any other equipment, materials, or supplies, to immediately place that property (requisitioned property)—

  3. under his or her control and direction; or
    1. under the control and direction of a Controller or a constable, or person authorised by that Controller or constable, if that person has requested the person making the requisition to do so on his or her behalf.

      1. A person exercising any power conferred on him or her by this section must give to the owner or person in charge of the requisitioned property a written statement specifying the property that is requisitioned and the person under whose control the property is to be placed.

      2. If the owner or person for the time being in control of any property that may be requisitioned under this section cannot be immediately found, a Controller or a constable, or a person authorised by a Controller or constable, may assume immediately the control and direction of the requisitioned property.

      3. If a person assumes the control and direction of requisitioned property under subsection (4), that person must ensure that, as soon as is reasonably practicable in the circumstances, a written statement specifying the property that has been requisitioned and the person under whose control it has been placed is given to the owner or person formerly in charge of the requisitioned property.

      4. The owner or person in control of any property immediately before it is requisitioned under this section must provide the person exercising the power under this section with any assistance that the person may reasonably require for the effective and safe use of that property.

      Compare
      Notes
      • Section 90(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 90(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 90(2)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 90(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).