Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Management of residents - Emergencies

75: Assumption of control by manager of prison during civil defence emergency

You could also call this:

"Prison manager takes charge of nearby homes during emergencies"

Illustration for Public Safety (Public Protection Orders) Act 2014

If there is a civil defence emergency where a prison and a residence are, the prison manager can take control of the residence and its residents. You will know this has happened because the prison manager will send a written notice to the residence manager. The prison manager can give this notice orally if it's an emergency, but they must follow up with a written record as soon as possible.

The residence manager must then do what the prison manager says when it comes to their powers and duties under the Public Safety Act. This means the prison manager is in charge until they say otherwise. The prison manager will let the residence manager know in writing when they no longer need to be in charge.

A civil defence emergency is a situation that happens because of something like a natural disaster, accident, or attack, and it can cause harm or put people and property in danger.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6050225.


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74: Responses to security emergencies, or

"What happens if there's a security emergency where you live and you need to be kept safe"


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76: Relocation of residents to prison where residence becomes uninhabitable, or

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Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Management of residents: Emergencies

75Assumption of control by manager of prison during civil defence emergency

  1. If a civil defence emergency affects the area in which a prison and a residence are physically located, the manager of the prison may, by written notice to the manager of the residence, assume control over the residence and the residents in the residence.

  2. Despite subsection (1), a notice under that subsection may be given orally if the manager of the prison considers that the notice is required as a matter of urgency and, in that case, the manager of the prison must provide the manager of the residence with a written record of the notice as soon as practicable.

  3. As soon as a notice is given under subsection (1), the manager of the residence must exercise or perform his or her powers, duties, and functions under this Act subject to the direction of the manager of the prison.

  4. A notice under subsection (1) ceases to have effect as soon as the manager of the prison informs the manager of the residence in writing that the notice is no longer required.

  5. In this section, civil defence emergency means a situation that—

  6. is the result of any happening, whether natural or otherwise, including, without limitation, any explosion, earthquake, eruption, tsunami, land movement, flood, storm, tornado, cyclone, serious fire, leakage or spillage of any dangerous gas or substance, technological failure, infestation, plague, epidemic, failure of or disruption to an emergency service or a lifeline utility, or actual or imminent attack or warlike act; and
    1. causes or may cause loss of life or injury or illness or distress or in any way endangers the safety of persons or property.