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Emergency Management Bill (No 2)
Information, enforcement, compensation, appeals, and secondary legislation
Offences
179: Offence involving failure to comply with requirement in emergency management plan

Explanatory note

General policy statement Departmental disclosure statement Regulatory impact statement Clause by clause analysis

Part 1:
Preliminary provisions

3Purpose 4Outline of Act 5Interpretation 6Meaning of emergency 7Meanings of essential infrastructure and essential infrastructure provider 8Meaning of recovery activities 9Transitional, savings, and related provisions 10Act binds the Crown 11Enforcement of Act against the Crown 12Act does not limit other functions, duties, or powers 13Precautionary approach

Part 2:
Emergency management system role-holders

National role-holders

Regional role-holders

Emergency Management Committees

Administering authorities of multi-member Emergency Management Committees

37Administering authorities 38Functions and costs of administering authorities and chief executives of administering authorities

Emergency Management Co-ordinating Executive Groups

39Appointment of Emergency Management Co-ordinating Executive Group 40Role of Emergency Management Co-ordinating Executive Group 41Provision of support to certain members of Emergency Management Co-ordinating Executive

Local authorities

42Role of local authority members of multi-member Emergency Management Committees 43Duty of local authorities to continue to function during and after emergency 44Role of chief executives of territorial authorities to co-ordinate use of resources

Authority for payment of expenses

45Costs incurred by local authorities or water organisations in connection with emergency may be reimbursed or paid

Emergency management functions and duties for offshore islands

46Identification of offshore islands requiring emergency management 47Joint responsibility of Minister of Local Government and Emergency Management Committee for emergency management of offshore islands 48Agreements regarding joint responsibility for offshore islands

Persons authorised to make local emergency declarations

49Persons authorised to make local emergency declarations: whole area, multiple districts, or multiple wards from within different districts 50Persons authorised to make local emergency declarations: individual districts and wards within districts

Appointment of Regional Controllers, District Controllers, and Local Controllers

51Appointment of Regional Controllers for multi-member Emergency Management Committees 52Appointment of District Controllers for multi-member Emergency Management Committees 53Appointment of Regional Controllers for unitary authority Emergency Management Committees 54Appointment of Local Controllers for unitary authority Emergency Management Committees 55Provisions applying generally to appointments and removals of Regional Controllers, District Controllers, and Local Controllers

Role of Regional Controllers, District Controllers, and Local Controllers

56Role of Regional Controllers 57Role of District Controllers 58Role of Local Controllers 59Duty of Controllers to exercise powers consistently with national priorities

Appointment of Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers

60Appointment of Regional Recovery Managers for multi-member Emergency Management Committees 61Appointment of District Recovery Managers for multi-member Emergency Management Committees 62Appointment of Regional Recovery Managers for unitary authority Emergency Management Committees 63Appointment of Local Recovery Managers for unitary authority Emergency Management Committees 64Provisions applying generally to appointments of Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers

Role of Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers

65Role of Regional Recovery Managers 66Role of District Recovery Managers 67Role of Local Recovery Managers 68Duty of Recovery Managers to exercise powers consistently with national priorities

Other parties

Lead agencies

69Role of lead agencies 70Transfer of lead agency role

General obligation to undertake emergency management functions and responsibilities

71Requirement to undertake emergency management functions and responsibilities

Emergency services

72Duties of emergency services

Essential infrastructure providers

73Essential infrastructure providers 74Duties of essential infrastructure providers 75Recognition of essential infrastructure providers 76Minister may exempt essential infrastructure provider

Part 3:
Emergency management system planning

National emergency management strategy

77National emergency management strategy 78Review of national emergency management strategy 79Procedure for amending or replacing national emergency management strategy

Emergency management plans: duties relevant to making of national plan and regional plans

80Matters persons must have regard to in development of emergency management plans 81Minister or Committee must consider alternatives, benefits and costs, and appropriateness before recommending plan or approving provisions

National emergency management plan

Local and sector plans

Regional emergency management plans

Regional emergency management planning standards

100Regional emergency management planning standards 101Preparation of regional emergency management planning standards 102Amendments to regional emergency management planning standards 103Withdrawal of regional emergency management planning standards

Essential infrastructure sector response plans

104Director-General may develop sector response plans for essential infrastructure providers 105Content of sector response plans 106Changes to sector response plan

Part 4:
Emergency response and recovery: states of emergency and transition periods

107Interpretation of this Part

Declaring states of emergency

Interpretation

108Interpretation of this subpart

Declaring state of national emergency

109Minister may declare state of national emergency 110Extending location to which state of national emergency applies 111When Parliament must meet if state of national emergency declared

Exercise of powers in sections 113, 114, 117, and 119

112When authorised persons may exercise certain powers in this subpart

Declaring state of local emergency

113Authorised person or Minister may declare state of local emergency 114Declaring state of local emergency for unaffected location to assist affected location 115State of local emergency may be concurrent with national emergency declarations

Commencement, duration, extension, and termination

116When state of emergency starts and expires 117Extending duration of state of emergency 118Further provisions relating to extending state of emergency 119Terminating state of emergency 120Form and publication of declarations of states of emergency, extensions, and terminations

Powers applying during states of emergency

Interpretation

121Interpretation of this subpart

Powers exercised by Minister

122Minister’s emergency power of direction

Application and exercise of powers in sections 125 to 135

123Application of sections 125 to 135 124When authorised Controllers or specified persons may exercise powers

Powers exercised by Emergency Management Committees

125Emergency powers of Emergency Management Committees 126Power to enter contracts on behalf of Emergency Management Committee

Powers exercised by authorised Controllers

127Emergency powers of authorised Controllers

Powers exercised by specified persons and others

128Power to evacuate premises and places 129Power to enter premises and places 130Power to close roads and public places 131Power to remove obstructing vehicles 132Power to requisition property 133Power to examine, seize, destroy and undertake other activities in relation to property and things 134Power to direct or request person to cease activity or take action 135Power to direct owner of structure to obtain assessment

Notice requirements under section 135

136Notice requirements under section 135

Warrant for entry to obtain information

137Warrant for entry to obtain information 138Form and content of warrant 139Powers conferred by warrant 140Disposal of information seized under warrant

Declaring transition periods

Interpretation

141Interpretation of this subpart

Declaring national transition period

142Minister may declare national transition period 143Extending location to which national transition period applies

Exercise of powers in sections 145, 147, 151, and 153

144When authorised persons may exercise certain powers in this subpart

Declaring local transition period

145Authorised person may declare local transition period 146Minister may declare local transition period if authorised person has not done so 147Declaring local transition period for unaffected location to assist affected location 148Matters Minister or authorised person must consider when declaring or extending local transition period 149Local transition period may be concurrent with national emergency declarations

Commencement, duration, extension, and termination

150When transition period starts and expires 151Extending duration of transition period 152Further provisions relating to extending transition period 153Terminating transition period 154Form and publication of declarations of transition periods, extensions, and terminations

Powers applying during transition periods

Interpretation

155Interpretation of this subpart

Powers exercised by Minister

156Minister’s transition period power of direction

Application and exercise of powers in sections 160 to 165

157Application of sections 160 to 165 158When Recovery Managers may exercise powers 159When constables may exercise powers

Powers exercised by authorised Recovery Managers

160Transition period powers of authorised Recovery Managers

Powers exercised by authorised Recovery Managers or constables

161Power to evacuate premises and places 162Power to enter premises and places 163Power to close roads and public places 164Power to direct or request person to cease activity or take action 165Power to direct owner of structure to obtain assessment

Notice requirements under section 165

166Notice requirements under section 165

Provisions applying to this Part

Proof of identity

167Person exercising emergency powers to provide proof of identity

Reporting requirements

168Reporting requirements at expiry of state of emergency or transition period

Application of Resource Management Act 1991

169Restricted application of Resource Management Act 1991

Part 5:
Information, enforcement, compensation, appeals, and secondary legislation

Power to require information

Information for emergency management

170Power to require information 171How information is to be provided

Restrictions on disclosure and use of information

172Medical and legally privileged information not to be disclosed 173Restrictions on disclosure and use of information

Compliance orders

174Power to serve compliance order 175Compliance with compliance order 176Form and content of compliance order 177Director-General may amend or revoke compliance order 178Civil proceedings relating to non-compliance with compliance order

Offences

Compensation, civil liability, and other protections

190Interpretation of this subpart

Compensation for persons whose property is requisitioned

191Compensation for persons whose property is requisitioned during state of emergency 192Who is liable to pay compensation to persons whose property is requisitioned

Compensation for loss or damage to personal property

193Compensation for loss or damage to personal property while performing emergency management 194Who is liable to pay compensation for loss or damage to personal property while performing emergency management

Provisions applying to sections 191 to 194

195When compensation is payable by more than 1 party 196Court may hear dispute about compensation under section 191 or 193

Compensation for loss or damage due to exercise of other powers

197Compensation for loss or damage due to exercise of other powers during emergency declarations 198Parties from whom person may recover compensation under section 197 199Principles for payment of compensation recovered under section 197 200Considerations for court if claim brought under section 197

Recovery of costs by Emergency Management Committee

201Emergency Management Committee may recover certain costs from other Committee

Civil liability

202Protection from liability in civil proceedings for act or omission 203Protection from liability in civil proceedings for issue of, or failure to issue, warning 204Limits on protections in sections 202 and 203

Employment rights not affected

205Absence on duty not to affect employment rights

Service of documents and appeals

Service of documents

206Service of documents

Appeals

207Appeals 208Effect of bringing appeal 209Appeal to High Court on question of law

Secondary legislation

Regulations

210Regulations 211Minister must consider alternatives, benefits and costs, and appropriateness before recommending making of regulations

Rules

212Minister’s power to make rules 213Procedure for making rules 214Director-General may grant exemptions from compliance with rules 215Procedure for granting exemption

Incorporation of material by reference in secondary legislation

216Incorporation by reference in secondary legislation

Repeal and amendments

217Repeal of Civil Defence Emergency Management Act 2002 218Amendments to other legislation

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Legislation relevant to emergency management

Schedule 3:
Essential infrastructure providers

Schedule 4:
Reporting requirements for states of emergency and transition periods

Schedule 5:
Consequential amendments to other legislation

Summary of changes

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Offences

179: Offence involving failure to comply with requirement in emergency management plan

You could also call this:

"Breaking Emergency Plan Rules is an Offence"

Illustration for Emergency Management Bill (No 2)

If you intentionally fail to follow a rule in an emergency management plan, you commit an offence. You can be punished if you break this rule. As an individual, you could go to prison for up to 3 months or pay a fine of up to $50,000, but for other cases, the fine is up to $150,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022586.

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

Topics:

Government and voting > Emergency managementCrime and justice > Criminal law

178: Civil proceedings relating to non-compliance with compliance order, or

"What happens if you don't follow a compliance order"

180: Offence involving failure to comply with direction to evacuate premises or place, or

"Breaking the Law by Not Leaving a Place When Told To"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Offences

179Offence involving failure to comply with requirement in emergency management plan

A person commits an offence if the person intentionally fails or refuses to comply with a requirement in an emergency management plan.
A person who commits an offence against subsection (1) is liable on conviction,—
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000:
in any other case, to a fine not exceeding $150,000.

Compare

2002 No 33 s 95

Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Offences

179: Offence involving failure to comply with requirement in emergency management plan

"Breaking Emergency Plan Rules is an Offence"

Part 5Information, enforcement, compensation, appeals, and secondary legislationOffences

179Offence involving failure to comply with requirement in emergency management plan

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Offences