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Civil Defence Emergency Management Act 2002
Offences, penalties, and proceedings
95: Failure to comply with requirement in civil defence emergency management plan

Part 1:
Preliminary provisions

3Purpose 4Interpretation 4ATransitional, savings, and related provisions 5Act to bind the Crown 6Act not to affect functions, duties, and powers under other Acts or general law 7Precautionary approach

Part 2:
Appointment, functions, and powers of persons involved in civil defence emergency management

Civil Defence Emergency Management Groups

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

Group Controllers

26Appointment of Group Controllers 27Appointment of Local Controllers 28Functions of Group Controllers 28AApplication of temporary provision in Part 1 of Schedule 3

Group Recovery Managers and Local Recovery Managers

29Appointment of Group Recovery Managers 30Appointment of Local Recovery Managers 30AFunctions of Recovery Managers 30BApplication of temporary provision in Part 2 of Schedule 3

Part 3:
Civil defence emergency management planning and civil defence emergency management duties

National civil defence emergency management strategy

31National civil defence emergency management strategy 32Procedure for completing national civil defence emergency management strategy 33Timing of first national civil defence emergency management strategy 34Currency of national civil defence emergency management strategy 35House of Representatives may resolve not to approve civil defence emergency management strategy 36Amendment or revocation of national civil defence emergency management strategy 37Groups and Director must not act inconsistently with national civil defence emergency management strategy

Matters relevant to development of civil defence emergency management plans

38Matters relevant to development of civil defence emergency management plans

National civil defence emergency management plan

39National civil defence emergency management plan 40Incorporation by reference 41Notification of proposed national civil defence emergency management plan 42National civil defence emergency management plan must not be inconsistent with national civil defence emergency management strategy 43Copy of order to be presented to House of Representatives 44First national civil defence emergency management plan 45Currency of national civil defence emergency management plan

Review and amendment of national civil defence emergency management plan

46Review of national civil defence emergency management plan 47Minor changes to plan

Civil defence emergency management group plans

48Civil defence emergency management group plans 49Proposed plan to be sent to Minister 50Timing of first issue of guidelines under section 49(3)51Incorporation by reference 52Procedure for making civil defence emergency management group plans 53Civil defence emergency management group plan must not be inconsistent with national civil defence emergency management strategy and must take account of Director's guidelines, codes, or technical standards 54Timing of first civil defence emergency management group plan 55Currency of civil defence emergency management group plan

Review and amendment of civil defence emergency management group plans

56Review of civil defence emergency management group plans 57Minor changes to plan

General duties of government departments and others

58Departments and interdepartmental ventures to prepare plans to continue functioning during and after emergency 59Departments and others to undertake civil defence emergency management functions and responsibilities

Duties of lifeline utilities

60Duties of lifeline utilities 61Schedule 1 may be amended by Order in Council 62Minister may exempt lifeline utility

Duties of emergency services

63Duties of emergency services

Duties of local authorities

64Duties of local authorities

General duty to consider alternatives, etc

65Duties to consider alternatives, assess benefits and costs, etc

Part 4:
Declaration of state of emergency

Declaration of state of national emergency

66Minister may declare state of national emergency 67Parliament must meet if state of national emergency declared

Declaration of state of local emergency

68Declaration of state of local emergency 69Minister may declare state of local emergency in certain cases

General provisions applying to declaration of state of national emergency or state of local emergency

70Commencement and duration of state of emergency 71Extension of duration of state of emergency 72Termination of state of emergency 73Form and publication of declaration of state of emergency and declaration extending or terminating state of emergency 73AApplication of temporary provisions in Part 3 of Schedule 3

Part 5:
Powers in relation to civil defence emergency management

74Statements by Director 75Power of Director to act on default by others 76Power to require information 77Appeal against requirement to give information 78Power of entry to obtain information in urgent cases 79Form and content of warrant 80Powers conferred by warrant 81Disposal of information 82Certain information not to be disclosed or seized 83Restriction on disclosure of information 84Minister's power of direction 85Emergency powers of Civil Defence Emergency Management Groups 86Evacuation of premises and places 87Entry on premises 88Closing roads and public places 89Removal of aircraft, vessels, vehicles, etc 90Requisitioning powers 91Power to give directions 91ANotice requirements 92Power to carry out inspections, etc 93Person exercising emergency powers to provide proof of identity 94Contracts in urgent cases

Part 5A:
Transition periods

94AMinister may give notice of national transition period 94BNotice of local transition period 94CCommencement and duration of transition periods 94DExtension of transition periods 94ETermination of transition periods 94FContent and publication of transition period notices and their extensions 94FAApplication of temporary provisions in Part 4 of Schedule 3

Part 5B:
Powers in relation to transition periods

94GApplication 94HGeneral transition period powers 94IPower to require information 94JMinister's power of direction 94KEvacuation of premises and places 94LEntry on premises and places 94MClosing roads and public places 94NPower to give directions 94NANotice requirements 94OPerson exercising emergency powers to provide proof of identity 94PReporting

Part 6:
Offences, penalties, and proceedings

95Failure to comply with requirement in civil defence emergency management plan 96Withholding information or giving false or misleading information 97Disclosing information 98Obstruction 99Failure to comply with direction to evacuate premises or place 100Failure to comply with prohibition or restriction on access to road or public place 101Offences in relation to requisitioning 102Failure to comply with direction 103Personation 104Penalty for offences

Part 7:
Miscellaneous provisions

105Delegation of powers of Director 106Acting Director 107Compensation if property requisitioned 108Compensation for loss or damage to personal property 109Compensation for other matters 110Protection from liability 111Restricted application of Resource Management Act 1991 112Absence on duty not to affect employment rights 113Recovery of costs by Civil Defence Emergency Management Groups 114Service of documents 115Regulations 115APermanent legislative authority for payment of certain expenses 116Repeal of Civil Defence Act 1983 117Amendments to other Acts

Transitional provisions

118Civil defence plans to continue 119Provisions of Civil Defence Act 1983 that continue 120Amendments to references in documents to civil defence personnel and entities 121Proceedings not affected

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Lifeline utilities

Schedule 2:
Acts amended

Schedule 3:
Temporary Provisions

Summary of changes

Civil Defence Emergency Management Act 2002

Offences, penalties, and proceedings

95: Failure to comply with requirement in civil defence emergency management plan

You could also call this:

"Breaking the rules in a civil defence emergency plan is against the law"

Illustration for Civil Defence Emergency Management Act 2002

If you intentionally do not follow a rule in a civil defence emergency management plan, you commit an offence. You must comply with the requirements in the plan. If you do not, you will be breaking the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151410.

This page was last updated on 19 May 2025 — View changes

Topics:

Government and voting > Emergency management

94P: Reporting, or

"Telling the Director what happened during an emergency"

96: Withholding information or giving false or misleading information, or

"Telling lies or hiding information when asked is against the law"

Part 6Offences, penalties, and proceedings

95Failure to comply with requirement in civil defence emergency management plan

A person commits an offence who intentionally fails to comply with a requirement in a civil defence emergency management plan.