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Emergency Management Bill (No 2)

Emergency management system role-holders - National role-holders - Emergency management powers

18: Power of Director-General to act on default by others

You could also call this:

"Director-General steps in if someone doesn't do their emergency job"

Illustration for Emergency Management Bill (No 2)

If someone does not do their emergency management job on time, the Director-General can step in. The Director-General can hire people to help with the job if needed. The Director-General's actions will be treated as if the original person did the job. The Director-General must follow the Public Finance Act 1989 when spending money on this. You will have to pay back the money the Director-General spent, and this can be taken from money the Crown owes you. The recovered money must be paid into a Crown or Departmental Bank Account, following section 65U of the Public Finance Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022512.

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17: Statements by Director-General, or

"The Director-General's emergency messages to the public"

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"Who is the National Controller and what do they do?"

Part 2Emergency management system role-holders
National role-holders: Emergency management powers

18Power of Director-General to act on default by others

  1. If an Emergency Management Committee or person (other than the Minister) fails to commence or to complete the performance of a function or duty under this Act within the time that the Director-General considers reasonable, the Director-General may commence and complete the performance of the function or duty.

  2. For the purposes of this section, the Director-General may employ any officers, employees, contractors, and other persons that may be necessary.

  3. Subject to subsections (4) to (6), if a function or duty is performed by or on behalf of the Director-General under this section, it must be treated for all purposes as having been performed by the Emergency Management Committee or person responsible for performing the function or duty.

  4. All expenses incurred by the Director-General under this section must be authorised in accordance with the Public Finance Act 1989.

  5. An expense incurred, together with reasonable costs for its administration,—

  6. is recoverable as a debt due to the Crown from the Emergency Management Committee or the person responsible for performing the function or duty; or
    1. may be recovered by deduction from any money payable by the Crown to that Emergency Management Committee or the person responsible for performing the function or duty.

      1. All money recovered or deducted under subsection (5) must be paid into a Crown Bank Account or a Departmental Bank Account in accordance with section 65U of the Public Finance Act 1989.

      Compare
      • 2002 No 33 s 75