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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"

Illustration for Civil Defence Emergency Management Act 2002

If you do not follow a direction given to you under section 90(2), you can commit an offence. You can also commit an offence if you do not provide assistance when asked to under section 90(6). This is because the law says you must do these things when you are told to.

If you are taken to court for not following a direction, you can say it was not necessary to save people's lives. The court will then decide if the person who gave the direction had a good reason for doing so.

If you are taken to court for not providing assistance, you can say you had a good reason for not doing so. The court will then decide if your reason was good enough.

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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.

Topics:
Government and voting > Emergency managementCrime and justice > Criminal law
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100: Failure to comply with prohibition or restriction on access to road or public place, or

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