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Civil Defence Emergency Management Act 2002

Powers in relation to transition periods

94J: Minister's power of direction

You could also call this:

"The Minister can give orders to people or groups to do or stop doing something in an emergency."

The Minister has the power to direct people or groups, like the Director or a Civil Defence Emergency Management Group, to do certain things. You might be told to do something you normally do, or to stop doing something you normally do, under this part of the law. The Minister can make these directions if they think it is a good idea, considering all the circumstances.

If an area is in a transition period and has a special designation under subpart 6B of Part 2 of the Building Act 2004, the Minister has extra powers. You can read more about who is in charge in this situation in section 133BK of the Building Act 2004. The Minister can tell the person in charge to use their powers or to stop using them.

The Minister can also tell you to do things under the control of the Director, if they give you a direction. This means you have to do what the Director says and make sure they are happy with what you are doing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7053587.

Topics:
Government and voting > Emergency management
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Part 5BPowers in relation to transition periods

94JMinister's power of direction

  1. This section applies if the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2).

  2. If subsection (1) applies, the Minister may direct the Director or any Civil Defence Emergency Management Group or person—

  3. to perform any of the functions or duties or exercise any of the powers conferred on the Director, Group, or person under this Part; or
    1. to cease to perform any of the functions or duties or to exercise any of the powers conferred on the Director, Group, or person under this Part.

      1. Subsection (2B) applies if—

      2. an area is subject to—
        1. a transition period; and
          1. a designation under subpart 6B of Part 2 of the Building Act 2004; and
          2. a person who may exercise powers under this Act in relation to the transition period is the responsible person under that subpart (see section 133BK of the Building Act 2004).

            1. The Minister may direct that responsible person—

            2. to exercise any of the powers conferred on the person under that subpart; or
              1. to cease to exercise any of those powers.

                1. If the Minister directs a person or a Civil Defence Emergency Management Group under this section, the Minister may direct that the functions or duties be performed or the powers be exercised under the control and to the satisfaction of the Director.

                Notes
                • Section 94J: inserted, at 9.59 pm on , by section 27 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                • Section 94J(2): amended, on , by section 32(1) of the Building Amendment Act 2019 (2019 No 27).
                • Section 94J(2A): inserted, on , by section 32(2) of the Building Amendment Act 2019 (2019 No 27).
                • Section 94J(2B): inserted, on , by section 32(2) of the Building Amendment Act 2019 (2019 No 27).