Civil Defence Emergency Management Act 2002

Offences, penalties, and proceedings

101: Offences in relation to requisitioning

You could also call this:

"Breaking the rules about helping in an emergency"

If you do not follow a direction given to you under section 90(2), you commit an offence. You also commit an offence if you do not provide assistance when asked to under section 90(6).

If you are taken to court for not following a direction, you can say it was not necessary to save lives. The court will decide if this is true.

If you are taken to court for not providing assistance, you can say you had a good reason for not helping. The court will decide if this is true.

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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=DLM151416.


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102: Failure to comply with direction, or

"Breaking the rules during an emergency by not following important instructions"

Part 6Offences, penalties, and proceedings

101Offences in relation to requisitioning

  1. A person commits an offence who—

  2. intentionally fails to comply with any direction given to him or her under section 90(2); or
    1. intentionally fails to provide assistance under section 90(6).
      1. It is a defence in any proceedings for an offence against subsection (1)(a) if the court is satisfied that the Controller or the constable did not have reasonable grounds for believing that in all the circumstances of the case the direction requisitioning property was necessary for the preservation of human life.

      2. It is a defence in any proceedings for an offence against subsection (1)(b) if the court is satisfied that the person had reasonable grounds for not providing assistance.

      Compare
      • s 64(5), (6)
      Notes
      • Section 101(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).