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Civil Defence Emergency Management Act 2002

Powers in relation to transition periods

94N: Power to give directions

You could also call this:

"People in charge can give you instructions to keep you safe during an emergency"

If there is an emergency, a Recovery Manager or a constable can tell you to stop doing something that might make the situation worse. They can also ask you to do something to help prevent or limit the damage from the emergency. You might be asked to take action to prevent or reduce the consequences of the emergency, either by talking to you or by giving you a written request. A Recovery Manager or a constable can also tell the owner of a building to get it checked to see if it is safe after an emergency.

A Recovery Manager or a constable can only give this direction if they think the building might be a risk to people or other property. If you are given a direction, it must explain what you need to do and when you need to do it by. You will also need to give a copy of the assessment to the person who gave you the direction.

If you are told to get a building checked, you must do it and pay for it yourself. You must then give a copy of the assessment to the person who told you to get it done. If you think the direction is unreasonable, you can appeal to the District Court, and Section 77(2) and (3) will apply to your appeal.

You can only get back the reasonable costs of getting the assessment if you appeal.

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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=DLM7053591.

Topics:
Government and voting > Emergency managementHousing and property > Home safety and repairs
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94M: Closing roads and public places, or

"Stopping people from using roads or public places during an emergency"

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94NA: Notice requirements, or

"Telling people about important directions during emergencies"

Part 5BPowers in relation to transition periods

94NPower to give directions

  1. A Recovery Manager or a constable may—

  2. direct any person to stop any activity that—
    1. may cause, or substantially contribute to the consequences of, an emergency; or
      1. may prevent or substantially hinder recovery from an emergency:
      2. request any person, either verbally or in writing, to take any action to prevent or limit or reduce the consequences of the emergency.

        1. A Recovery Manager or a constable may direct—

        2. the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the emergency (and any related subsequent events) on the structure:
          1. the owners of structures of a particular type (or the owners’ agents) to obtain assessments of the effect of the emergency (and any related subsequent events) on the structures of that type that they own.

            1. A person may not give a direction under subsection (2) unless the person has had regard to whether the structure or type of structure may, in the circumstances, pose a risk of injury or a risk to the safety of life or the safety of other property.

            2. A direction given under subsection (2) must—

            3. state the purpose of the assessment and specify the assessment that is required; and
              1. specify a reasonable time within which the assessment must be concluded; and
                1. require the owner (or the owner’s agent) to give a copy of the assessment to the person who gave the direction.

                  1. An owner (or owner’s agent) who is given a direction under subsection (2) must—

                  2. obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and
                    1. give a copy of the assessment to the person who gave the direction.

                      1. The owner (or the owner’s agent) may appeal to the District Court on the grounds that the direction is unreasonable.

                      2. Section 77(2) and (3) applies in relation to an appeal under subsection (6) with any necessary modifications, and section 77(4) does not apply.

                      3. Any relief that may be granted under subsection (6) is limited to the reasonable costs associated with obtaining the assessment.

                      Notes
                      • Section 94N: inserted, at 9.59 pm on , by section 27 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).