Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848966753.pdf (New Zealand)
Civil Defence Emergency Management Amendment Bill Government Bill Explanatory note General policy statement This Bill amends the Civil Defence Emergency Management Act 2002 (the principal Act) to enable better recovery from New Zealand’s most frequent emergencies— those of small to moderate scale.

Since the principal Act came into force, a need has been identified for provisions about recovery from an emergency, and in particular, for provisions that support a timely, coordinated and effective recovery.
The current framework provides little di- rection in terms of planning and managing recovery efforts, which can undermine the resourcing and priority given to these activities.

A lack of powers to support transition from response to recovery may prevent the continuation of critical activities neces- sary to stabilise recovery, and may provide a perverse incentive to keep a state of emergency in place for longer than is strictly necessary.
The Bill strengthens the legislative framework for recovery by introducing provisions that: • • • provide a mandate for roles and responsibilities that apply for the duration of the recovery from an emergency; and strengthen recovery planning; and ensure a seamless transition from the response to an emergency to the initial recovery period, by ensuring that appropriate and effective statutory powers and arrangements are available.
The Bill also creates a permanent legislative authority to allow for Crown funding of response and recovery costs, and makes a number of minor and technical amend- ments to the Act.

88—1 2 Civil Defence Emergency Management Amendment Bill Explanatory note Departmental disclosure statement The Ministry of Civil Defence and Emergency Management is required to prepare a disclosure statement to assist with the scrutiny of this Bill.
The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?
type=bill&subtype=government&year=2015&no=88 Regulatory impact statement The Ministry of Civil Defence and Emergency Management produced a regulatory impact statement on 18 March 2015, and produced an addendum to that statement on 21 October 2015, to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement and addendum can be found at— • • http://www.civildefence.govt.nz/resources/review-of-the-legislative-frame- work-for-recovery-from-emergencies http://www.treasury.govt.nz/publications/informationreleases/ris Clause 1 is the Title clause.

Clause by clause analysis Clause 2 relates to commencement.

The Bill will come into force 180 days after it receives the Royal assent.
An implementation period is required to ensure that the changes the Bill makes are communicated to and understood by those who are re- quired to augment their civil defence emergency management work.

Part 1 Amendments to principal Act Clause 3 states that the Bill amends the Civil Defence Emergency Management Act 2002 (the principal Act).

Clause 4 amends section 4 of the principal Act, which relates to interpretation.
The amendments adjust some of the existing defined terms and insert some new defined terms relevant to recovery and transition periods.

Clause 5 inserts new section 4A, which relates to transitional, savings, and related provisions (set out in new Schedule 1AA, which clause 42 inserts into the principal Act).

Clause 6 amends section 8, which concerns the appointment and functions of the Director of Civil Defence Emergency Management (the Director).

The amendment accounts for national transition periods.
Explanatory note Civil Defence Emergency Management Amendment Bill 3 Clause 7 amends section 9, which concerns the powers of the Director.

The amend- ments account for recovery planning and national transition periods.

Clause 8 inserts new sections 11A and 11B, which concern the delegation of certain functions and powers of the Director to the National Recovery Manager.

Clause 9 amends section 12, which requires local authorities to establish Civil De- fence Emergency Management Groups.
The amendments clarify the application of this requirement to unitary authorities.

Clause 10 amends section 20, which concerns the appointment and functions of Civil Defence Emergency Management Co-ordinating Executive Groups.

The amendment updates the reference to “hospital and health services” in subsection (1)(d).

Clause 11 amends the cross-heading above section 25, in support of the amendments to section 25 itself.
Clause 12 amends section 25, which provides for who may declare a state of local emergency.

The amendments clarify the relationship between section 25 and section 68 in relation to persons authorised to declare a local state of emergency, whose areas of responsibility are within the area of the relevant Civil Defence Emergency Man- agement Group.
Clause 13 inserts new section 25A, which concerns the appointment by a Civil De- fence Emergency Management Group of persons who may give notice of a local tran- sition period, and the authorisation of other persons who may do so.

These notices are given under new section 94B.

Clause 14 amends section 26, which concerns the appointment of Group Controllers, to update the form of a cross-reference in subsection (3).
Clause 15 amends section 27, which concerns the appointment of Local Controllers, to clarify that the section applies to all Local Controllers.

Clause 16 amends section 28, which concerns the functions of Group Controllers, to make that section’s references to functions, duties, and powers consistent with other provisions.

Clause 17 replaces sections 29 and 30 with new sections 29, 30, and 30A.

New sec- tion 29 provides for the appointment of Group Recovery Managers.
New section 30 provides for the appointment of Local Recovery Managers.

New section 30A sets out the functions of Recovery Managers.

Clause 18 amends section 39, which concerns national civil defence emergency man- agement plans, to clarify that these plans also relate to national transition periods.

Clause 19 amends section 49, which requires proposed civil defence emergency man- agement group plans to be sent to the Minister for comment.
The amendment requires those plans to include details about the area of the Group.

Clause 20 amends section 53, which provides that civil defence emergency manage- ment group plans must meet certain requirements and that, in making a plan, a Civil Defence Emergency Management Group must take certain matters into account.

The 4 Civil Defence Emergency Management Amendment Bill Explanatory note amendments add a requirement that any comments of the Minister under section 49 must also be taken into account.
Clause 21 inserts new section 57A, which requires Civil Defence Emergency Man- agement Groups to prepare and approve civil defence emergency management strate- gic recovery plans.

Clause 22 amends section 65, which requires the Minister and a Civil Defence Emer- gency Management Group to consider alternatives and to assess benefits and costs.

The amendment includes a reference to civil defence emergency management strate- gic recovery plans.
Clause 23 amends section 75, which concerns the power of the Director to act on de- fault by others.

The amendments update the terminology and references used in re- spect of expenses incurred.

Clause 24 amends section 77.

That section refers to section 76, which is applied and modified by new section 94I (see clause 28).

This amendment consequentially refers to that modified application.

Clause 25 amends section 82.


That section refers to section 76, which is applied and modified by new section 94I (see clause 28).

This amendment consequentially refers to that modified application.

Clause 26 replaces section 83.

New section 83 provides that a person who receives certain information may only use or disclose it for the purposes of the principal Act.
Clause 27 amends section 86, which concerns the evacuation of premises and places, by making the language consistent with the language of section 99 (an offence provi- sion) and new section 94K.

Clause 28 inserts new Parts 5A and 5B.

New Part 5A, which consists of new sections 94A to 94F, concerns notice of transi- tion periods.

New section 94A provides that the Minister may give notice of a national transition period.
New section 94B provides that certain persons may give notice of a local transition period.

New section 94C concerns the commencement and duration of transition periods.

New section 94D provides for the extension of transition periods.

New section 94E concerns the termination of transition periods.

New section 94F sets out the requirements for the form, content and publication of transition period notices.
New Part 5B, which consists of new sections 94G to 94P, sets out the powers that may be exercised during transition periods.

New section 94G specifies the circum- stances in which the Part applies.

New section 94H sets out the transition period powers of Recovery Managers.

New section 94I provides Recovery Managers with a power to require information.
New section 94J provides the Minister with a power to direct the Director or any Civil Defence Emergency Management Group or person to perform or exercise, or cease to perform or exercise, any of the functions, duties, and powers conferred under new Part 5B.

New section 94K provides Recovery Managers and constables with the power to evacuate premises and places under certain circum- stances.
New section 94L provides Recovery Managers and constables with the power to enter premises or places under certain circumstances.

New section 94M provides Explanatory note Civil Defence Emergency Management Amendment Bill 5 Recovery Managers and constables with the power to close roads and public places in certain circumstances.

New section 94N provides Recovery Managers and constables with the power to give directions in certain circumstances.
New section 94O requires persons exercising powers under new Part 5B to carry and produce identification.

New section 94P sets out the reporting requirements for Recovery Managers, the Director, and the Minister.

Clause 29 amends section 96, which concerns withholding information or giving false or misleading information, to adjust cross-references as a consequence of the inser- tion of new Part 5B.
Clause 30 amends section 97, which concerns disclosure of information, to adjust a cross-reference as a consequence of the insertion of new Part 5B.

Clause 31 amends section 98, which concerns obstruction, to apply also to transition periods.

Clause 32 amends section 99, which concerns failure to comply with directions to evacuate, to adjust a cross-reference as a consequence of the insertion of new Part 5B and to include a reference to a Recovery Manager.
Clause 33 amends section 100, which concerns failure comply with prohibitions or restrictions regarding access to roads or public places, to adjust a cross-reference as a consequence of the insertion of new Part 5B.

Clause 34 amends section 102, which concerns failure to comply with directions, to adjust a cross-reference as a consequence of the insertion of new Part 5B.

Clause 35 amends section 103, which concerns personation, to include a reference to a Recovery Manager.
Clause 36 amends section 108, which concerns compensation for loss or damage to personal property.

The amendments remove references to Recovery Co-ordinators.

Clause 37 amends section 109, which concerns compensation for matters other than for loss suffered from the requisitioning of property (addressed under section 107) and for damage to personal property of persons carrying out civil defence emergency management (addressed under section 108).
The amendment inserts new subsections (3A) and (3B) so that the provision applies to during transition periods in the same way as it currently applies to civil defence emergency management generally.

Clause 38 amends section 110, which limits the liability of the Crown and persons involved in civil defence emergency management to the matters addressed under sec- tion 107 to 109.

As amended, the provision applies to a transition period in the same way as it currently applies to a state of emergency.
Clause 39 amends section 111, which concerns the application of the Resource Man- agement Act 1991 if a state of emergency is declared.

The amendment extends the application of the provision to transition periods.

Clause 40 inserts new section 115A, which provides a permanent legislative authority for the payment of certain expenses.
6 Civil Defence Emergency Management Amendment Bill Explanatory note Clause 41 amends section 119, which provides that certain provisions of the Civil De- fence Act 1983 continue.

The amendment repeals section 119(4), which continued sections 69 to 72 of the Civil Defence Act 1983, as that provision has served its pur- pose.
Clause 42 inserts new Schedule 1AA into the principal Act, which sets out savings provisions in relation to Civil Defence Emergency Management Groups established, and Recovery Co-ordinators appointed, before the commencement of this Bill.

Part 2 Consequential amendments to other enactments Clause 43 amends the enactments specified in Schedule 2 as set out in that schedule.
Hon Nikki Kaye Civil Defence Emergency Management Amendment Bill Government Bill Contents Page Title Commencement Part 1 Amendments to principal Act Principal Act Section 4 amended (Interpretation) New section 4A inserted (Transitional, savings, and related provisions) 4A Transitional, savings, and related provisions Section 8 amended (Appointment and functions of Director of Civil Defence Emergency Management) Section 9 amended (Powers of Director) New sections 11A and 11B and cross-heading inserted National Recovery Manager 11A 11B Delegation of certain functions and powers of Director to National Recovery Manager Further provisions relating to delegation to National Recovery Manager Section 12 amended (Local authorities to establish Civil Defence Emergency Management Groups) Section 20 amended (Appointment and functions of Civil Defence Emergency Management Co-ordinating Executive Groups) Cross-heading above section 25 amended Section 25 amended (Appointment of persons who may declare state of local emergency) 88—1 4 4 4 4 6 6 6 6 7 7 7 8 8 8 8 1 Civil Defence Emergency Management Amendment Bill 13 New section 25A and cross-heading inserted Persons who may give notice of local transition period Persons who may give notice of local transition period 25A Section 26 amended (Appointment of Group Controllers) Section 27 amended (Appointment of Local Controller) Section 28 amended (Functions of Group Controllers) Sections 29 and 30 and cross-heading replaced Group Recovery Managers and
 Local Recovery Managers Appointment of Group Recovery Managers Appointment of Local Recovery Managers Functions of Recovery Managers 29 30 30A Section 39 amended (National civil defence emergency management plan) Section 49 amended (Proposed plan to be sent to Minister) Section 53 amended (Civil defence emergency management group plan must not be inconsistent with national civil defence emergency management strategy and must take account of Director’s guidelines, codes, or technical standards) New section
 57A and cross-heading inserted Civil defence emergency management strategic recovery plans Recovery plans 57A Section 65 amended (Duties to consider alternatives, assess benefits and costs, etc) Section 75 amended (Power of Director to act on default by others) Section 77 amended (Appeal against requirement to give information) Section 82 amended (Certain information not to be disclosed or seized) Section 83 replaced (Restriction on disclosure of information) 83 Restriction on disclosure of information Section 86 amended (Evacuation of premises and places) New Parts 5A and 5B inserted Part 5A Transition periods 94A 94B 94C 94D 94E Minister may give notice of national transition period Notice of local transition period Commencement and duration of transition periods Extension of transition periods Termination of transition periods Civil Defence Emergency Management Amendment Bill 94F Content and publication of transition period notices and their extensions Part 5B Powers in relation to transition periods 94G 94H 94I 94J 94K 94L 94M 94N 94O Application General transition period powers Power to require information Minister’s power of direction Evacuation of premises and places Entry on premises and places Closing roads and public places Power to give directions Person exercising emergency powers to provide proof of identity Reporting 94P Section 96
 amended (Withholding information or giving false or misleading information) Section 97 amended (Disclosing information) Section 98 amended (Obstruction) Section 99 amended (Failure to comply with direction to evacuate premises or place) Section 100 amended (Failure to comply with prohibition or restriction on access to road or public place) Section 102 amended (Failure to comply with direction) Section 103 amended (Personation) Section 108 amended (Compensation for loss or damage to personal property) Section
 109 amended (Compensation for other matters) Section 110 amended (Protection from liability) Section 111 amended (Restricted application of Resource Management Act 1991) New section 115A inserted (Permanent legislative authority for payment of certain expenses) 115A Permanent legislative authority for payment of certain expenses Section 119 amended (Provisions of Civil Defence Act 1983 that continue) New Schedule 1AA inserted Part 2 Consequential amendments to other enactments 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Consequential amendments Schedule 1 New Schedule 1AA inserted 16 16 17 17 17 17 18 18 18 18 18 19 19 19 19 20 20 20 20 20 21 21 21 21 21 21 21 22 3 cl 1 Civil Defence Emergency Management Amendment Bill Schedule 2 Consequential amendments to other Acts 23 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Civil Defence Emergency Management Amendment Act 2015.
Commencement This Act comes into force 180 days after the date on which it receives the Roy- al assent.

5 Part 1 Amendments to principal Act 3 Principal Act This Act amends the Civil Defence Emergency Management Act 2002 (the principal Act).

10 4 (1) Section 4 amended (Interpretation) In section 4, definition of administering authority, replace “appointed under” with “described in”.
(2) In section 4, replace the definition of area with: 15 area, in relation to a Civil Defence Emergency Management Group,— (a) means all the districts of the local authorities that are members of the Group; and (b) extends to— (i) (ii) the landward boundary of the territorial authorities in the Group; and 20 the seaward boundary of the regions of regional councils or uni- tary authorities in the Group (3) (4) In section 4, definition of civil defence emergency management, paragraph (a)(ii), after “reduce,”, insert “recover from,”.
25 In section 4, definition of emergency services, replace “hospital and health services” with “providers of health and disability services”.
(5) In section 4, insert their appropriate alphabetical order: chief executive officer, in relation to a provider, means— (a) in relation to a company, the person occupying the position of chief executive of the company, by whatever name called: 30 4 Civil Defence Emergency Management Amendment Bill Part 1 cl 4 (b) (c) (d) in relation to a partnership, a partner nominated for the purpose by the partnership: in relation to an individual provider, the provider: in relation to any other provider, including an unincorporated body, a person occupying a position that is comparable with that of chief execu- tive officer of a company, by whatever name called 5 civil defence emergency management strategic recovery plan means a plan prepared and approved under section 57A constable— (a) (b) has the same meaning as in section 4 of the Policing Act 2008; and 10 in Part 5B, includes any person acting under the authority of a constable Group Recovery Manager means a person appointed as a Group Recovery Manager under section 29 health and disability services means health services and disability support services within the meaning of the New Zealand Public Health and Disability Act 2000 Local Recovery Manager means a person appointed as a Local Recovery Manager under section 30 local transition period means a local transition period notified under section 94B National Recovery Manager means the person who is delegated specified functions and powers of the Director under section 11A national transition period means a national
 transition period notified under section 94A 15 20 provider of health and disability services means provider within the meaning of the New Zealand Public Health and Disability Act 2000 25 recovery means the co-ordinated efforts and processes used to bring about the immediate, medium-term, and long-term holistic regeneration and enhance- ment of a community following an emergency Recovery Manager means the National Recovery Manager, a Group Recovery Manager, or a Local Recovery Manager, and includes any person acting under the authority of the National Recovery Manager, a Group Recovery Manager, or a Local Recovery Manager transition period means a national transition period or a local transition period (6) (7) In section 4, repeal the definition of hospital and health service.
In section 4, replace the definition of recovery activities with: recovery activity means an activity carried out under this Act or any civil de- fence emergency management plan to deal with the consequences of an emer- gency, including, without limitation,— 30 35 5 Part 1 cl 5 Civil Defence Emergency Management Amendment Bill (a) (b) the assessment and ongoing monitoring of the needs of a community affected by the emergency; and the co-ordination and integration of planning, decisions, actions, and re- sources; and (c) measures to support— 5 (i) (ii) the regeneration, restoration, and enhancement of communities across the 4 environments (built, natural, social, and economic); and the cultural and physical well-being of individuals and their com- munities; and 10 (d) measures to enable community participation in recovery planning; and (e) new measures— (i) (ii) to reduce risks from hazards; and to build resilience (8) In section 4, repeal the definition of Recovery Co-ordinator.
15 5 New section 4A inserted (Transitional, savings, and related provisions) After section 4, insert: 4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

20 6 Section 8 amended (Appointment and functions of Director of Civil Defence Emergency Management) In section 8(2)(h), after “state of national emergency”, insert “or a national transition period”.
7 (1) Section 9 amended (Powers of Director) In section 9(2)(a), after “state of national emergency”, insert “or a national transition period”.
(2) Replace section 9(2)(b) with: (b) during a state of national emergency, control the exercise of the powers and the performance of the functions and duties of Civil Defence Emer- gency Management Groups and Group Controllers: (ba) during a national transition period, control the exercise of the powers and the performance of the functions and duties of Civil Defence Emer- gency Management Groups and Recovery Managers: (3) Replace section 9(3)(c) with: 25 30 35 6 Civil Defence Emergency Management Amendment Bill Part 1 cl 8 (c) the development of plans for civil defence emergency management by the Crown, local government agencies, emergency services, and lifeline utilities: (ca) the development of national and local strategic recovery plans to deal with the consequences of emergencies: 5 (4) In section 9(3)(d), replace “recovery co-ordinators,” with “Recovery Manag- ers,”.
8 New sections 11A and 11B and cross-heading inserted After section 11, insert: National Recovery Manager 11A Delegation of certain functions and powers of Director to National Recovery Manager (1) (2) The Director may, in writing, either generally or particularly, delegate to any person the functions and powers of the Director referred to in sections 8(2)(h) and 9(2)(a) for the purposes of dealing with a national transition period.
The Director may exercise the power of delegation at any time, whether or not a national transition period is in force or is imminent.

(3) A person to whom functions and powers are delegated under this section is, while the delegation is in force, the National Recovery Manager and has all the powers conferred on the National Recovery Manager by this Act.
(4) If no delegation has been made under this section, the Director is the National Recovery Manager and has all the powers conferred on the National Recovery Manager by this Act.
11B Further provisions relating to delegation to National Recovery Manager (1) Subject to any general or special directions given or conditions attached by the Director, a person to whom functions and powers are delegated under section 11A may perform those functions and exercise those powers in the same man- ner and with the same effect as if they had been conferred on him or her direct- ly by that section and not by delegation.
(2) A person purporting to act under any delegation under section 11A is pre- sumed to be acting in accordance with the terms of the delegation in the ab- sence of proof to the contrary.

(3) A delegation under section 11A is revocable in writing at will, and no such delegation prevents the performance of any function or the exercise of any power by the Director.
(4) A delegation under section 11A, until revoked, continues in force according to its tenor even if the Director who made the delegation has ceased to hold office.

10 15 20 25 30 35 7 Part 1 cl 9 Civil Defence Emergency Management Amendment Bill (5) A person is not employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 merely because functions and powers are delegated to that person under sec- tion 11A.
9 Section 12 amended (Local authorities to establish Civil Defence Emergency Management Groups) (1) Replace section 12(1)(b) with: (b) subject to paragraph (c), a unitary authority must establish a Civil De- fence Emergency Management Group for the purposes of this Act as a committee under clause 30(1)(a) of Schedule 7 of the Local Government Act 2002: (2) After section 12(1), insert: (1A) If subsection (1)(b) applies and subsection (1)(c) does not apply, a unitary authority is a Group rather than a member of a Group for the purposes of this Act.
10 Section 20 amended (Appointment and functions of Civil Defence Emergency Management Co-ordinating Executive Groups) In section 20(1)(d), replace “the hospital and health services” with “each pro- vider of health and disability services”.

11 Cross-heading above section 25 amended In the cross-heading above section 25, replace “Appointment of persons” with “Persons”.
5 10 15 20 12 (1) (2) 13 Section 25 amended (Appointment of persons who may declare state of local emergency) In the heading to section 25, replace “Appointment of persons” with “Per- sons”.

25 In section 25(5), replace “may declare” with “is authorised to declare”.
New section 25A and cross-heading inserted After section 25, insert: Persons who may give notice of local transition period 30 25A Persons who may give notice of local transition period (1) A Civil Defence Emergency Management Group must appoint at least 1 person as a person authorised to give notice of a local transition period for its area.

Section 25(2) to (5) applies, with any necessary modifications, to an appoint- ment under subsection (1) and to the giving of notice of a local transition period.
35 (2) 8 Civil Defence Emergency Management Amendment Bill Part 1 cl 17 14 Section 26 amended (Appointment of Group Controllers) In section 26(3), replace “subsection (1) or subsection (2)” with “subsection (1) or (2)”.

15 (1) (2) (3) 16 Section 27 amended (Appointment of Local Controller) In the heading to section 27, replace “Controller” with “Controllers”.

5 In section 27(1), replace “that Group’s Group Controller” with “the Group Controller of the Group”.
In section 27(2), replace “the Local” with “a Local”.

Section 28 amended (Functions of Group Controllers) In section 28(3), replace “exercise any power or function or fulfil any duty” with “exercise any power or perform any function or duty”.
10 17 Sections 29 and 30 and cross-heading replaced Replace sections 29 and 30 and the cross-heading above section 29 with: Group Recovery Managers and Local Recovery Managers 29 Appointment of Group Recovery Managers (1) A Civil Defence Emergency Management Group must appoint, either by name or by reference to the holder of an office, a suitably qualified and experienced person to be the Group Recovery Manager for its area.
(2) A Group must appoint, either by name or by reference to the holder of an office, at least 1 suitably qualified and experienced person to perform the func- tions and duties and exercise the powers of the Group Recovery Manager on the occurrence of a vacancy in the office of Group Recovery Manager or in the absence from duty of the Group Recovery Manager for any reason, for the du- ration of the vacancy or absence.
15 20 (3) A Group may, at any time, remove from office or replace a Group Recovery 25 Manager appointed under subsection (1) or (2).
(4) A Group may— (a) delegate the authority to replace the Group Recovery Manager during a transition period with a person appointed under subsection (2) to 1 or more of the representatives who are authorised under section 94B to give notice of a transition period for its area; and 30 (b) impose limitations on the circumstances in which the authority under paragraph (a) may be used.
30 Appointment of Local Recovery Managers (1) A Civil Defence Emergency Management Group may appoint 1 or more per- sons to be a Local Recovery Manager, and direct that person or those persons 35 9 Part 1 cl 18 Civil Defence Emergency Management Amendment Bill to perform any of the functions and duties of, or delegated to, the Group Re- covery Manager of the Group and to exercise the powers of the Group Recov- ery Manager in the area for which the Group Recovery Manager is appointed, including, but not limited to, the powers in sections 94H, 94I, and 94K to 94N.
(2) Despite anything in subsection (1), a Local Recovery Manager must follow any directions given by the Group Recovery Manager during a transition period.
30A Functions of Recovery Managers (1) A Group Recovery Manager must, during a local transition period for the area for which the Group Recovery Manager is appointed, direct and co-ordinate, for the purposes of this Act, the use of the personnel, material, information, services, and other resources made available by departments, Civil Defence Emergency Management Groups, and other persons.
(2) The Group Recovery Manager must also perform any functions or duties dele- gated to the Group Recovery Manager by the Civil Defence Emergency Man- agement Group or conferred on Group Recovery Managers by this Act or any other enactment, and may exercise any power conferred on the Group Recov- ery Manager by delegation under this Act.
(3) A Group Recovery Manager or a Local Recovery Manager may authorise any suitably qualified and experienced person to exercise any power or to perform any function or duty of that Group Recovery Manager or Local Recovery Man- ager, except the power to authorise another person to perform those functions and duties or to exercise those powers.
(4) A Group Recovery Manager or Local Recovery Manager who authorises a per- son under subsection (3) to exercise a power to perform a function or duty must supervise the person so far as is reasonably practicable in the exercise of the power or the performance of the function or duty.
(5) No Group Recovery Manager or Local Recovery Manager, and no person per- forming the functions or duties or exercising the powers of a Group Recovery Manager or Local Recovery Manager, may exercise any power conferred on Group Recovery Managers by this Act during any national transition period in any manner contrary to any priorities for the use of resources and services that have been determined by the Director or National Recovery Manager.
18 Section 39 amended (National civil defence emergency management plan) 35 In section 39(2)(d), after “national emergency” insert “or a national transition period”.
19 Section 49 amended (Proposed plan to be sent to Minister) After section 49(2)(d), insert: (da) the area of the Group: 10 40 Civil Defence Emergency Management Amendment Bill Part 1 cl 23 20 Section 53 amended (Civil defence emergency management group plan must not be inconsistent with national civil defence emergency management strategy and must take account of Director’s guidelines, codes, or technical standards) (1) In the heading to section 53, after “must take account of”, insert “Minister’s comments and”.
5 (2) After section 53(1), insert: (1A) A civil defence emergency management group plan must take account of any comments that the Minister makes under section 49.
21 New section 57A and cross-heading inserted 10 After section 57, insert: Civil defence emergency management strategic recovery plans 57A Recovery plans Every Civil Defence Emergency Management Group must prepare and approve a civil defence emergency management strategic recovery plan in accordance with any guidelines, codes, or technical standards issued under section 9(3).
15 22 Section 65 amended (Duties to consider alternatives, assess benefits and costs, etc) In section 65(2)(b), after “group plan”, insert “and civil defence emergency management strategic recovery plan”.

20 23 (1) (2) (3) (5) Section 75 amended (Power of Director to act on default by others) In section 75(3)— (a) (b) replace “work is done or a function or duty is exercised or performed” with “a function or duty is performed”: replace “done, exercised, or performed, as the case may be” with “per- formed”.
25 In section 75(4), replace “paid in the first instance out of public money” with “authorised in accordance with the Public Finance Act 1989”.
Replace section 75(5) with: Expenses so incurred, together with reasonable costs for administration, are re- coverable as a debt due to the Crown from the Civil Defence Emergency Man- agement Group or the person responsible for performing the function or duty, or may be recovered by deduction from any money payable by the Crown to that Civil Defence Emergency Management Group or the person responsible for performing the function or duty.
30 35 11 Part 1 cl 24 Civil Defence Emergency Management Amendment Bill (4) (5) 24 In section 75(6), replace “departmental bank account” with “Departmental Bank Account in accordance with section 65U of the Public Finance Act 1989”.

Repeal section 75(7).

Section 77 amended (Appeal against requirement to give information) 5 In section 77(1), after “section 76”, insert “(including as applied and modified by section 94I(2))”.
25 Section 82 amended (Certain information not to be disclosed or seized) In section 82(1), after “section 76”, insert “(including as applied and modified by section 94I(2))”.
10 26 Section 83 replaced (Restriction on disclosure of information) Replace section 83 with: 83 Restriction on disclosure of information A person who receives information following a requirement to give informa- tion imposed under section 60 or 76, or in the execution of a warrant issued under section 78, may use or disclose that information only for the purposes of this Act.

27 Section 86 amended (Evacuation of premises and places) In section 86, replace “require” with “direct”.
28 New Parts 5A and 5B inserted After section 94, insert: Part 5A Transition periods 94A Minister may give notice of national transition period (1) After a state of emergency has been declared for any area, or after an emergen- cy arises for which a state of emergency has not been declared, the Minister may give notice of a national transition period over the whole of New Zealand or any areas or districts if it appears to the Minister that a national transition period is required.
15 20 25 (2) Without limiting subsection (1), the Minister must be satisfied that invoking 30 the powers to manage, co-ordinate, or direct recovery activities is— in the public interest; and necessary or desirable to ensure a timely and effective recovery.
(a) (b) 12 Civil Defence Emergency Management Amendment Bill Part 1 cl 28 (3) In deciding whether a national transition period is required, the Minister must have regard to— (a) the areas or districts affected by the emergency; and (b) whether the focus of activities in any area or district is moving from re- sponse to recovery, including whether a state of emergency is about to expire or be terminated.
5 (4) If the Minister gives notice of a national transition period,— (a) (b) the Minister must advise the House of Representatives as soon as prac- ticable; and any other transition period then in force in any area or district to which the national transition period applies ceases to have effect.
10 94B Notice of local transition period (1) A person appointed for the purpose under section 25A may, after a state of emergency has been declared for the area of the Civil Defence Emergency Management Group concerned, give notice of a local transition period for the area for which the person is appointed, if it appears to the person that a local transition period is required in the area.
(2) A person who is authorised to give notice of a local transition period may, after a state of emergency has been declared for the area of the Civil Defence Emer- gency Management Group concerned, give notice in relation to the whole area of the Civil Defence Emergency Management Group concerned or for 1 or more districts or wards within the area.
(3) After an emergency arises, for which a state of emergency has not been de- clared, a person who is authorised to give notice of a local transition period may do so in accordance with subsection (1) or (2) (as the case requires) with the approval of the Minister.
(4) After a state of emergency has been declared for the area of a Civil Defence Emergency Management Group, or after an emergency arises for which a state of emergency has not been declared, the Minister may give notice of a local transition period for the area or for 1 or more districts or wards within the area if— (a) (b) it appears to the Minister that a local transition period is required; and notice of a local transition period has not been given under subsection (1) or (2).
(5) Without limiting subsections (1) to (4), the authorised person or the Minis- ter must be satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is— (a) (b) in the public interest; and necessary or desirable to ensure a timely and effective recovery.
15 20 25 30 35 13 Part 1 cl 28 Civil Defence Emergency Management Amendment Bill (6) In deciding whether a local transition period is required, the authorised person or the Minister must have regard to— (a) the areas, districts, or wards affected by the emergency; and (b) whether the focus of activities in any area, district, or ward is moving from response to recovery, including whether a state of emergency is about to expire or be terminated.
5 (7) If notice of a local transition period is given under this section over— (a) (b) the whole area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more districts or wards within the area ceases to have effect: a district within the area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more wards within the district ceases to have effect.
(8) After notice of a local transition period has been given for an area (the first area) in accordance with subsections (1) to (4), a further notice of a local transition period may be given, in accordance with those subsections, for an- other district or ward in the area of the relevant Civil Defence Emergency Man- agement Group that is not affected by an emergency if it appears to the person giving notice that the resources of that other district or ward are needed to as- sist the first area.
(9) The fact that a person purporting to be authorised under section 25A gives notice of a local transition period is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so.

(10) However, nothing in this section authorises notice of a local transition period to be given for any part of New Zealand while a national transition period is in force in respect of that part.
94C Commencement and duration of transition periods (1) A transition period comes into force,— (a) (b) if the notice of the transition period relates to an area for which a state of emergency has been declared, on the termination of that state of emer- gency; or in any other case, at the time and on the date that the notice of the transi- tion period is given.

(2) A national transition period ends 90 days after the time and date on which the period comes into force, unless extended or terminated earlier.
(3) A local transition period ends 28 days after the time and date on which the period comes into force, unless extended or terminated earlier.

10 15 20 25 30 35 14 Civil Defence Emergency Management Amendment Bill Part 1 cl 28 94D Extension of transition periods (1) (2) Before a national transition period ends, the Minister may by notice extend the national transition period if it appears to the Minister that the extension is re- quired.
Before a local transition period ends, the person who gave notice of that local transition period (or another person authorised to give that notice) may by no- tice extend the local transition period if it appears to the person that the exten- sion is required.
5 (3) In deciding whether an extension is required,— (a) (b) the Minister or other person must have regard to the areas, districts, or wards affected by the emergency; and 10 the Minister or other person must be satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is— (i) (ii) in the public interest; and necessary or desirable to ensure a timely and effective recovery.
15 (4) An extension of a transition period comes into force immediately before the end of the transition period that is extended and ends,— (a) (b) in the case of a national transition period, 90 days after the time and date on which the extension comes into force, unless terminated earlier; or in the case of a local transition period, 28 days after the time and date on which the extension comes into force, unless terminated earlier.

20 (5) A transition period may be extended more than once.
94E Termination of transition periods (1) (2) The Minister may by notice terminate a national transition period.

The person who gave notice of a local transition period (or another person au- thorised to give that notice) may by notice terminate the local transition period.

25 (3) A notice terminating a transition period— (a) must specify the time and date on which it is given; and (b) terminates the relevant transition period when given.
(4) A person who terminates a transition period must— (a) (b) immediately notify the public by any means of communication that are reasonably practicable in the circumstances of the case; and ensure that the notice of termination is published in the Gazette as soon as practicable after it is given.

(5) If a state of emergency is declared over an area (or any part of an area) to which a transition period applies, the transition period ends without a termin- ation notice being given.
30 35 15 Part 1 cl 28 Civil Defence Emergency Management Amendment Bill 94F Content and publication of transition period notices and their extensions (1) A notice of a transition period must— (a) (b) (c) specify the time and date on which the notice is given; and specify the areas, districts, or wards to which it applies; and be in the form prescribed by regulations made under section 115 or a form of similar effect.
5 (2) A notice of an extension of a transition period must— (a) (b) (c) specify the time and date on which the notice is given; and specify the areas, districts, or wards to which it applies; and be in the form prescribed by regulations made under section 115 or a form of similar effect.

10 (3) The validity of a notice of a transition period or a notice of an extension of a transition period is not affected by the inclusion of any additional information.
(4) A person who gives notice of a transition period, or who extends a transition period, must— (a) (b) immediately notify the public by any means of communication that are reasonably practicable in the circumstances of the case; and ensure that the notice or extension is published in the Gazette as soon as practicable after it is given.

Part 5B Powers in relation to transition periods 15 20 94G Application (1) (2) This Part applies if a transition period is in force.
In addition, Part 5 (other than those provisions that apply only during a state of emergency) applies if a transition period is in force.
25 (3) A Recovery Manager may exercise the powers conferred on Recovery Manag- ers under this Part if the exercise of the powers— (a) is in respect of those areas, districts, or wards for which the Recovery Manager is responsible; and (b) is, in the opinion of the Recovery Manager,— 30 (i) (ii) in the public interest; and necessary or desirable to ensure a timely and effective recovery; and (iii) proportionate in the circumstances.
(4) A constable may exercise the powers conferred on constables under this Part if 35 the exercise of the powers is, in the opinion of the constable,— 16 Civil Defence Emergency Management Amendment Bill Part 1 cl 28 (a) (b) (c) in the public interest; and necessary or desirable to ensure a timely and effective recovery; and proportionate in the circumstances.
94H General transition period powers A Recovery Manager may— 5 (a) carry out or require to be carried out all or any of the following: (i) (ii) (iii) works: clearing of roads and other public places: removing or disposing of, or securing or otherwise making safe, dangerous structures and materials wherever they may be: 10 15 20 25 (b) provide for the conservation and supply of food, fuel, and other essential supplies: (c) disseminate information and advice to the public.
94I Power to require information (1) A Recovery Manager may require any person to give the Recovery Manager information in accordance with section 76, as if a reference in that section to a Civil Defence Emergency Management Group were a reference to the Recov- ery Manager.

(2) The provisions of sections 76, 77, 82, and 83 apply to a requirement under subsection (1) as if it were a requirement by a Civil Defence Emergency Management Group under section 76(1).
94J Minister’s power of direction (1) (2) (3) This section applies if the Minister considers that, having regard to all the cir- cumstances, it is expedient to exercise the power in subsection (2).
If this section applies, the Minister may direct the Director or any Civil De- fence Emergency Management Group or person— (a) (b) to perform any of the functions or duties or exercise any of the powers conferred on the Director, Group, or person under this Part; or to cease to perform any of the functions or duties or to exercise any of the powers conferred on the Director, Group, or person under this Part.
30 If the Minister directs a person or a Civil Defence Emergency Management Group under this section, the Minister may direct that the functions or duties be performed or the powers be exercised under the control and to the satisfaction of the Director.
94K Evacuation of premises and places 35 Despite anything in section 94G, a Recovery Manager or a constable may, if necessary, in his or her opinion, for the preservation of human life, direct— 17 Part 1 cl 28 Civil Defence Emergency Management Amendment Bill (a) (b) the evacuation of any premises or place, including any public place: the exclusion of any persons or vehicles from any premises or place, in- cluding any public place.
94L Entry on premises and places A Recovery Manager or a constable may enter, and if necessary break into, any premises or place if he or she believes on reasonable grounds that the action is necessary for— 5 (a) (b) saving life, preventing injury, or rescuing and removing injured or en- dangered persons; or permitting or facilitating the carrying out of any urgent measure for the relief of suffering or distress.
10 94M Closing roads and public places A Recovery Manager or constable may, in order to prevent, limit, or reduce the consequences of an emergency, totally or partially prohibit or restrict public ac- cess, with or without vehicles, to any road or public place.
15 94N Power to give directions A Recovery Manager or a constable may— (a) direct any person to stop any activity that— (i) may cause, or substantially contribute to the consequences of, an emergency; or 20 (ii) may prevent or substantially hinder recovery from an emergency: (b) request any person, either verbally or in writing, to take any action to prevent or limit or reduce the consequences of the emergency.
94O Person exercising emergency powers to provide proof of identity A person exercising a power conferred on him or her by this Part must— 25 (a) (b) have with him or her, and produce if requested to do so, evidence of his or her identity; and if requested to do so, produce evidence of or give a general explanation of the authority under which he or she is acting and the power or powers he or she is exercising.
94P Reporting (1) If a Recovery Manager, a person acting under the authority of the Recovery Manager, or a constable exercises a power conferred under this Part, the Re- covery Manager must give— (a) a written report to the Director; and 30 35 18 Civil Defence Emergency Management Amendment Bill Part 1 cl 32 (b) a copy of the report to the Civil Defence Emergency Management Group.
(2) A report and a copy of a report under subsection (1) must be given within 7 days after the date on which the relevant transition period ends.

(3) If a power was exercised by a person other than the Recovery Manager, the Re- covery Manager must consult with that person in preparing the report.

5 (4) The report must— (a) identify the power or powers exercised under this Part and the person who exercised the power or powers; and (b) include the reasons for the exercise of that power or those powers.
10 (5) On receiving a report under subsection (1)(a), the Director— (a) must give a copy of the report to the Minister if the report relates to a national transition period; and (b) may give a copy of the report to the Minister if the report relates to a local transition period.

(6) If the Minister receives a copy of a report under subsection (5), the Minister must present it to the House of Representatives as soon as practicable.
(7) On receiving a copy of a report under subsection (1)(b), a Civil Defence Emergency Management Group must publish it on the Group’s Internet site as soon as practicable.

(8) 29 (1) (2) In this section, Recovery Manager means a person appointed under section 29 or 30 and does not include any person authorised by the Recovery Manag- er.

Section 96 amended (Withholding information or giving false or misleading information) In section 96(1), after “section 76”, insert “or 94I(1)”.
In section 96(2), after “section 77”, insert “(including as applied and modified by section 94I(2))”.

15 20 25 30 Section 97 amended (Disclosing information) In section 97, after “section 83”, insert “(including as applied and modified by section 94I(2))”.

30 31 Section 98 amended (Obstruction) In section 98, after “state of emergency”, insert “or transition period”.
32 (1) (2) Section 99 amended (Failure to comply with direction to evacuate premises or place) 35 In section 99(1), after “section 86”, insert “or 94K”.

In section 99(2), replace “Controller” with “Controller, Recovery Manager,”.

19 Part 1 cl 33 Civil Defence Emergency Management Amendment Bill 33 Section 100 amended (Failure to comply with prohibition or restriction on access to road or public place) In section 100, after “section 88”, insert “or 94M”.
34 Section 102 amended (Failure to comply with direction) In section 102, after “section 91(a)”, insert “or 94N(a)”.

35 Section 103 amended (Personation) In section 103, after “Controller,”, insert “a Recovery Manager,”.

36 Section 108 amended (Compensation for loss or damage to personal property) (1) In section 108(1),— (a) (b) replace “or a Recovery Co-ordinator” with “or a Recovery Manager”: after “state of emergency”, insert “or a transition period”.
(2) (3) (4) In section 108(5)(a), replace “the Director or the National Controller” with “the Director, the National Controller, or the National Recovery Manager” in each place.

In section 108(5)(b)(iii), replace “Recovery Co-ordinator” with “Recovery Manager”.

In section 108(5)(b)(iv), replace “or Group Controller” with “, the Group Con- troller, or a Group Recovery Manager appointed by the Group”.
37 Section 109 amended (Compensation for other matters) After section 109(3), insert— (3A) A person who has suffered loss or damage as a result of any action or measure duly taken under instructions issued under any of sections 94K to 94N by the National Recovery Manager or a constable, or a person authorised by the National Recovery Manager or constable, may recover compensation from the Crown if the action or measure was such that the good done, or likely to be done, by the action or measure for that person was disproportionately less than the loss or damage suffered by that person as a result of that action or that measure.
(3B) A person who has suffered loss or damage as a result of any action or measure duly taken under instructions issued under any of sections 94K to 94N by a Group Recovery Manager or a Local Recovery Manager, or a person author- ised by the Group Recovery Manager or Local Recovery Manager, may recov- er compensation from the Civil Defence Emergency Management Group that appointed the Group Recovery Manager or Local Recovery Manager if the ac- tion or measure was such that the good done, or likely to be done, by the action or measure for that person was disproportionately less than the loss or damage suffered by that person as a result of that action or that measure.
20 Civil Defence Emergency Management Amendment Bill Part 2 cl 43 38 Section 110 amended (Protection from liability) In section 110(1), after “state of emergency”, insert “or a transition period”.

39 Section 111 amended (Restricted application of Resource Management Act 1991) In section 111, after “declared”, insert “, or notice of a transition period is given,”.
5 40 New section 115A inserted (Permanent legislative authority for payment of certain expenses) After section 115, insert: 115A Permanent legislative authority for payment of certain expenses (1) The Crown may, without further appropriation than this section, incur expenses to reimburse a territorial authority for, or to pay public money for the purpose of meeting, expenses incurred by a territorial authority in connection with an emergency if the expenses are incurred in respect of civil defence emergency management activities specified in the national civil defence emergency man- agement plan or any relevant guidelines.
(2) Nothing in subsection (1) requires the Crown— (a) (b) to pay the expenses that a territorial authority has incurred; or to reimburse a territorial authority.

Compare: 1989 No 44 s 65ZH(1) 10 15 20 41 Section 119 amended (Provisions of Civil Defence Act 1983 that continue) Repeal section 119(4).

42 New Schedule 1AA inserted Before Schedule 1, insert the Schedule 1AA set out in Schedule 1 of this Act.
25 Part 2 Consequential amendments to other enactments 43 Consequential amendments Amend the enactments specified in Schedule 2 as set out in that schedule.
21 Schedule 1 Civil Defence Emergency Management Amendment Bill Schedule 1 New Schedule 1AA inserted Schedule 1AA Transitional, savings, and related provisions s 42 5 s 4A 1 Interpretation In this Schedule, Recovery Co-ordinator has the same meaning as it had in this Act immediately before the commencement of the Civil Defence Emer- gency Management Amendment Act 2015.
2 Civil Defence Emergency Management Groups Any Civil Defence Emergency Management Group established under section 12(1)(b) of this Act (as it read immediately before the commencement of the Civil Defence Emergency Management Amendment Act 2015) is to be treated as having been established as a committee under clause 30(1)(a) of Schedule 7 of the Local Government Act 2002.
3 Recovery Co-ordinators (1) Any Recovery Co-ordinator who was appointed and in office under section 29 of this Act (as it read immediately before the commencement of the Civil De- fence Emergency Management Amendment Act 2015) may remain in office until his or her term of appointment expires.
(2) A Recovery Co-ordinator who remains in office under subclause (1) may continue to exercise powers under section 30 (as it read immediately before the commencement of the Civil Defence Emergency Management Amend- ment Act 2015) and section 30 remains in force for the purposes of this clause.
10 15 20 25 22 Civil Defence Emergency Management Amendment Bill Schedule 2 Schedule 2 Consequential amendments to other Acts s 43 Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26) In section 60(1), replace “a national or local emergency is declared” with “a state of emergency is declared, or a transition period is notified,”.
5 In section 60(2), replace “a declaration is made under section 72 of the Civil Defence Emergency Management Act 2002 to terminate the emergency” with “the state of emergency is terminated under section 72, or the transition period is terminated under section 94E, of the Civil Defence Emergency Management Act 2002”.

In section 61(1), replace “a national or local emergency has been declared” with “a state of emergency has been declared or a transition period has been notified”.
Local Authorities (Members’ Interests) Act 1968 (1968 No 147) Replace section 3(3)(d)(vii) with: (vii) any contract for the supply of goods or services made during a state of emergency declared, or a transition period for which no- tice is given, under the Civil Defence Emergency Management Act 2002, if that contract does not continue for more than 1 month after the end of that state of emergency or transition period, and if the goods or services are supplied at charges not in excess of those normally applying in the district of the local authority or in the area under its jurisdiction at the time immediately preceding the state of emergency or transition period,— Maritime Security Act 2004 (2004 No 16) Replace section 80(3)(b) with: 10 15 20 25 (b) the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002; or Maritime Transport Act 1994 (1994 No 104) Replace section 100(5)(d) with: (d) the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002; or 30 Replace section 254(3)(b) with: (b) the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002; or Replace section 312(1)(b) with: 35 (b) the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002; or 23 Schedule 2 Civil Defence Emergency Management Amendment Bill Public Finance Act 1989 (1989 No 44) Replace section 25(1)(a) with: (a) a state of
 emergency is declared under the Civil Defence Emergency Management Act 2002; or Resource Management Act 1991 (1991 No 69) 5 In section 330B(1), after “state of emergency declared” insert “, or transition period notified,”.
Wellington, New Zealand: Published under the authority of the New Zealand Government—2015 24