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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during states of emergency - Powers exercised by specified persons and others

132: Power to requisition property

You could also call this:

"Taking property to save lives in an emergency"

Illustration for Emergency Management Bill (No 2)

If you are in charge during an emergency, you can take property if it will save lives. You can tell the owner to give you the property and you will be in charge of it. If the owner is not around, you can still take the property and be in charge of it. You must give the owner a written note saying what property you took and who is in charge of it. You should give the note to the owner as soon as you can. The owner must help you use the property safely. In this situation, the owner is the person who has the property when you take it. The person in charge is someone who is authorised to make decisions during an emergency.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022542.

This page was last updated on 31 December 2025 — View changes

Topics:

Emergency management > Emergency responseProperty > Property rights

131: Power to remove obstructing vehicles, or

"Removing vehicles that block the way in an emergency"

133: Power to examine, seize, destroy and undertake other activities in relation to property and things, or

"Checking and controlling property in an emergency"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during states of emergency: Powers exercised by specified persons and others

132Power to requisition property

A specified person may take the action authorised in subsection (2) if, in the opinion of a primary specified person, the action is necessary to preserve human life.
The specified person may requisition property by directing the responsible owner to immediately place the property under the control and direction of—
the specified person; or
if the requisition is made at the request of another specified person, that other specified person.

However, if the responsible owner of property that may be requisitioned under this section cannot be immediately found, the specified person may requisition the property and—
assume immediately the control and direction of the requisitioned property; or
if the requisition is made at the request of another specified person, immediately place the property under the control and direction of that other specified person.

A specified person who requisitions property under subsection (2) or (3) must give the responsible owner a written statement specifying—
the property that is requisitioned; and
the person under whose control and direction the property is to be placed.

A statement given under subsection (4) that relates to property requisitioned under subsection (3) must be given to the responsible owner as soon as is reasonably practicable in the circumstances.
The responsible owner must provide the specified person with any assistance that the specified person may reasonably require for the effective and safe use of that property, both—
immediately before it is requisitioned; and
after it is requisitioned.

In this section,—
primary specified person—
1. means a specified person; but
2. does not include a person acting under the authority of a specified person
responsible owner means—
1. a person who owns, in whole or in part, property that is—
  1. to be requisitioned under this section; or
  2. requisitioned under this section; or
2. a person who is in control of property immediately before it is requisitioned under this section.

Compare

2002 No 33 s 90