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Civil Defence Emergency Management Act 2002

Offences, penalties, and proceedings

99: Failure to comply with direction to evacuate premises or place

You could also call this:

"Not leaving a place when told to do so in an emergency can be against the law"

If you intentionally do not follow a direction to leave a premises or place given to you under section 86 or 94K, you commit an offence. You can defend yourself if you can show the person who gave the direction did not have a good reason to think it was necessary to save lives. The person who gave the direction must be a Controller, Recovery Manager, or constable.

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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=DLM151414.

Topics:
Government and voting > Emergency managementCrime and justice > Criminal law
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Part 6Offences, penalties, and proceedings

99Failure to comply with direction to evacuate premises or place

  1. A person commits an offence who intentionally fails to comply with any direction given to the person under section 86 or 94K.

  2. It is a defence to any proceedings for an offence against this section if the court is satisfied that the Controller, Recovery Manager, or constable did not have reasonable grounds for believing that in all the circumstances of the case the requirement was necessary for the preservation of human life.

Compare
  • s 60(2), (3)
Notes
  • Section 99(1): amended, at 9.59 pm on , by section 31(1) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 99(2): amended, at 9.59 pm on , by section 31(2) of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 99(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).