Civil Defence Emergency Management Amendment Act 2012

1: Title
This Act is the Civil Defence Emergency Management Amendment Act 2012.
2: Commencement
This Act comes into force 30 days after the date on which this Act receives the Royal assent.
3: Principal Act amended
This Act amends the Civil Defence Emergency Management Act 2002 2012-03-25 Civil Defence Emergency Management Act 2002
4: Local authorities to establish Civil Defence Emergency Management Groups
Section 12(2) Clause 30(5) Clause 30(5) or (7)
5: Declaration of state of local emergency
Section 68
2A: If an authorised person declares a state of local emergency for—
a: the whole area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more districts or wards within the area ceases to have effect:
b: a district within the area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more wards within the district ceases to have effect.
6: Minister may declare state of local emergency in certain cases
Section 69
1A: If the Minister declares a state of local emergency for—
a: the whole area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more districts or wards within the area ceases to have effect:
b: a district within the area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more wards within the district ceases to have effect.
7: New section 70 substituted
Section 70
70: Commencement and duration of state of emergency
1: A declaration of a state of emergency must specify the time and date on which the declaration is made.
2: A state of emergency comes into force at the time and on the date that a declaration of the state of emergency is made.
3: A state of emergency expires 7 days after the time and date on which the state of emergency comes into force.
4: Nothing in this section prevents—
a: the extension of a state of emergency under section 71
b: the termination of a state of emergency under section 72.
5: For the purposes of this section, 7 days after the time and date on which the state of emergency comes into force
a: begins immediately after the time of the day on which the state of emergency comes into force; and
b: ends immediately before the same time of the day on the date that is 7 days after the day on which the state of emergency comes into force. Example
If a state of emergency came into force at 9.35 am on 1 January, it would expire at 9.35 am on 8 January. If the state of emergency came into force at 9.35 am on a Friday, it would expire at 9.35 am on the following Friday.
8: New section 71 substituted
Section 71
71: Extension of duration of state of emergency
1: Before a state of national emergency expires, the Minister may, by declaration, extend the state of national emergency.
2: Before a state of local emergency expires, a person authorised to declare a state of local emergency for an area may, by declaration, extend the state of local emergency.
3: An extension of a state of emergency comes into force—
a: immediately before the state of emergency would have expired under section 70(3)
b: if the state of emergency was previously extended under this section, immediately before that extension would have expired under subsection (4)
4: An extension of a state of emergency expires 7 days after the time and date on which the extension of the state of emergency comes into force.
5: Nothing in this section prevents—
a: the further extension of a state of emergency that has been extended under this section; or
b: the termination of a state of emergency under section 72.
6: For the purposes of this section, 7 days after the time and date on which the extension of the state of emergency comes into force
a: begins immediately after the time of the day on which the extension comes into force; and
b: ends immediately before the same time of the day on the date that is 7 days after the day on which the extension comes into force.
9: Termination of state of emergency
Section 72
2: A declaration made under subsection (1)—
a: must specify the time and date on which it is made; and
b: terminates the state of emergency when made.
10: Schedule 1 amended
Clause 6 Lyttleton Lyttelton
11: Consequential amendments to Civil Defence Emergency Management Regulations 2003
1: This section amends the Civil Defence Emergency Management Regulations 2003 Form 2 of Schedule 2
2: Form 2 The state of national emergency comes into force immediately on the making of this declaration.
3: Form 2 The state of national emergency expires 7 days after the time and date on which the state of emergency comes into force.
4: Form 2
3: Calculating 7 days after the time and date on which the state of emergency comes into force Form 3 of Schedule 2
5: Form 3 The state of national emergency is extended for 7 days immediately before the expiry of the original declaration/the last extension*.
6: Form 3 †Include times and dates when any extensions took effect.
7: Form 3
3: Calculating the extension of 7 days
8: Form 3
4: If this is a second or subsequent extension of a state of emergency, specify the time and date when each previous extension took effect and the time and date when the state of emergency was first declared. Form 4 of Schedule 2
9: Form 4 The termination of the state of national emergency takes effect from the time and date this declaration is made.
10: Form 4 †Include times and dates when any extensions took effect.
11: Form 4
2: If any extension of the state of emergency was made, specify the time and date when each extension took effect, as well as the time and date when the state of emergency was first declared.
12: Form 4 Form 5 of Schedule 2
13: Form 5 The state of local emergency comes into force immediately on the making of this declaration.
14: Form 5 The state of local emergency expires 7 days after the time and date on which the state of emergency comes into force.
15: Form 5
2: Calculating 7 days after the time and date on which the state of emergency comes into force Form 6 of Schedule 2
16: Form 6 The state of local emergency is extended for 7 days immediately before the expiry of the original declaration/the last extension*.
17: Form 6 †Include times and dates when any extensions took effect.
18: Form 6
2: Calculating the extension of 7 days
19: Form 6
3: If this is a second or subsequent extension of a state of emergency, specify the time and date when each previous extension took effect and the time and date when the state of emergency was first declared. Form 7 of Schedule 2
20: Form 7 The termination of the state of local emergency takes effect from the time and date when this declaration is made.
21: Form 7 †Include times and dates when any extensions took effect.
22: Form 7
2: If any extension of the state of emergency was made, specify the time and date when each extension took effect, as well as the time and date when the state of emergency was first declared.
23: Form 7 Form 8 of Schedule 2
24: Form 8 The state of local emergency comes into force immediately on the making of this declaration.
25: Form 8 The state of local emergency expires 7 days after the time and date on which the state of emergency comes into force.
26: Form 8
2: Calculating 7 days after the time and date on which the state of emergency comes into force Form 9 of Schedule 2
27: Form 9 The state of local emergency is extended for 7 days immediately before the expiry of the original declaration/the last extension*.
28: Form 9 †Include times and dates when any extensions took effect.
29: Form 9
2: Calculating the extension of 7 days
30: Form 9
3: If this is a second or subsequent extension of a state of emergency, specify the time and date when each previous extension took effect and the time and date when the state of emergency was first declared. Form 10 of Schedule 2
31: Form 10 The termination of the state of local emergency takes effect from the time and date when this declaration is made.
32: Form 10 †Include times and dates when any extensions took effect.
33: Form 10
2: If any extension of the state of emergency was made, specify the time and date when each extension took effect, as well as the time and date when the state of emergency was first declared.
34: Form 10 2012-03-25 Civil Defence Emergency Management Regulations 2003