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Civil Defence Emergency Management Act 2002

Powers in relation to civil defence emergency management

91: Power to give directions

You could also call this:

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

When there is a state of emergency, a Controller or a constable can tell you to stop doing something that might make the emergency worse. They can also ask you to do something to help prevent the emergency or make it less bad. You might be asked to do this in person or in writing. A Controller or constable can give you these instructions.

If you own a building, a Controller or constable can tell you to get it checked to see if it is safe. They can only do this if they think the building might be dangerous to people or other property. They have to tell you why they want the check done and how they want it done.

When you get a direction to check a building, you have to do what you are told. You have to get the check done and give the results to the person who told you to do it. You have to pay for the check yourself.

If you do not think the direction is fair, you can appeal to the District Court. You can find out more about how to appeal by looking at Section 77(2) and (3). If you do appeal, you might get some money back for the cost of the check.

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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=DLM151405.

Topics:
Government and voting > Emergency managementHousing and property > Home safety and repairs
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90: Requisitioning powers, or

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

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91A: Notice requirements, or

"Telling people about emergency directions"

Part 5Powers in relation to civil defence emergency management

91Power to give directions

  1. While a state of emergency is in force, a Controller or a constable, or any person acting under the authority of a Controller or constable, may—

  2. direct any person to stop any activity that may cause or substantially contribute to an emergency:
    1. request any person, either verbally or in writing, to take any action to prevent or limit the extent of the emergency.

      1. While a state of emergency is in force, a Controller or a constable, or any person acting under the authority of a Controller or constable, may direct—

      2. the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the emergency (and any related subsequent events) on the structure:
        1. the owners of structures of a particular type (or the owners’ agents) to obtain assessments of the effect of the emergency (and any related subsequent events) on the structures of that type that they own.

          1. A person may not give a direction under subsection (2) unless the person has had regard to whether the structure or type of structure may, in the circumstances, pose a risk of injury or a risk to the safety of life or the safety of other property.

          2. A direction given under subsection (2) must—

          3. state the purpose of the assessment and specify the assessment that is required; and
            1. specify a reasonable time within which the assessment must be concluded; and
              1. require the owner (or the owner’s agent) to give a copy of the assessment to the person who gave the direction.

                1. An owner (or owner’s agent) who is given a direction under subsection (2) must—

                2. obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and
                  1. give a copy of the assessment to the person who gave the direction.

                    1. The owner (or the owner’s agent) may appeal to the District Court on the grounds that the direction is unreasonable.

                    2. Section 77(2) and (3) applies in relation to an appeal under subsection (6) with any necessary modifications, and section 77(4) does not apply.

                    3. Any relief that may be granted under subsection (6) is limited to the reasonable costs associated with obtaining the assessment.

                    Compare
                    Notes
                    • Section 91(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 91(2): inserted, at 9.59 pm on , by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                    • Section 91(3): inserted, at 9.59 pm on , by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                    • Section 91(4): inserted, at 9.59 pm on , by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                    • Section 91(5): inserted, at 9.59 pm on , by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                    • Section 91(6): inserted, at 9.59 pm on , by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                    • Section 91(7): inserted, at 9.59 pm on , by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                    • Section 91(8): inserted, at 9.59 pm on , by section 26A of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).