There shall from time to time be appointed under the Public Service Act 1912 a Director of Civil Defence.

The office of Director of Civil Defence may be held in conjunction with the office of Secretary for Internal Affairs or with any other office in the Department of Internal Affairs.

Where the office of Director of Civil Defence is held in conjunction with the office of Secretary for Internal Affairs, then, on the occurrence of a vacancy in the office of Secretary for Internal Affairs, whether by reason of death, resignation, or otherwise, or in the absence from duty of the Secretary for Internal Affairs, from whatever cause arising, and so long as the vacancy or absence continues, the Deputy Secretary for Internal Affairs shall have and may exercise and perform all the functions, duties, and powers of the Director under this Act.

The fact that the Deputy Secretary for Internal Affairs exercises or performs any function, duty, or power as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him to do so has arisen or has ceased.

Subject to the control of the Minister and, where the office of Director of Civil Defence is not held in conjunction with the office of Secretary for Internal Affairs, to the general direction of the Secretary for Internal Affairs, the Director of Civil Defence shall be charged with the general administration of this Act.

There may from time to time be appointed under the Public Service Act 1912 a Deputy Director of Civil Defence, and such other employees as may be necessary for the purposes of this Act.

The office of Deputy Director of Civil Defence may be held in conjunction with any other office in the Department of Internal Affairs.

Where—

the Deputy Director of Civil Defence shall have and may exercise and perform all the functions, duties, and powers of the Director under this Act.

The fact that the Deputy Director of Civil Defence exercises or performs any function, duty, or power as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him to do so has arisen or has ceased.

The Deputy Director of Civil Defence, the Regional Commissioners, and all other employees of the Department of Internal Affairs engaged on civil defence duties shall act under the direction of the Director in the exercise and performance of the functions, duties, and powers conferred or imposed on them by this Act.

The functionsof the Director shall be—

Without limiting the generality of the provisions of subsection (1) of this section, the Director shall have the following specific functions:

In the exercise of his functions, the Director may

During a state of national emergency or of major disaster, the Director shall have and may exercise, in addition to the functions and powers specified in this section, such functions and powers as may be conferred on him by regulations made under this Act.

The Directormay from time to time, by writing under his hand, either generally or particularly, delegate to any employee of the Crown or of any statutory corporation all or any of the powers exercisable by the Director under this Act, except this power of delegation.

Subject to any general or special directions given or conditions attached by the Director, any person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

Any delegation under this section may be made to a specified employee or to employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

Every delegation under this section shall be revocable in writing at will, and no such delegation shall prevent the exercise of any power by the Director.

Every delegation under this section shall, until revoked, continue in force according to its tenor. In the event of the Director by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Director.

For the purposes of this Act there shall be a committee, to be called the National Civil Defence Committee (in this section and in section 11 of this Act referred to as the Committee).

The Committee shall consist of—

The Minister may from time to time, with the approval of the Minister in charge of the Department of State or other Government agency concerned or, in the case of a statutory corporation, of the Minister charged with the administration of the Act under which the corporation is constituted, appoint as a member of the Committee, for such period as he thinks fit, the administrative head of any other Department of State or of any Government agency or of any statutory corporation.

In the absence of the Director from any meeting of the Committee, and, where the office of Director is held in conjunction with the office of Secretary for Internal Affairs, in the absence also of the Deputy Secretary for Internal Affairs, the Deputy Director of Civil Defence may attend the meeting in the place of the Director, and while so doing shall be the Chairman of the Committee.

In the absence of any other member from any meeting of the Committee, he may authorise any other officer of his Department or other Government agency or statutory corporation, as the case may be, to attend the meeting in his stead. While any person is attending a meeting of the Committee under this subsection, he shall be deemed for all purposes to be a member of the Committee.

The fact that any person attends any meeting of the Committee under subsection (5) of this section shall be sufficient evidence of his authority to do so.

The general functions of the Committee shall be to advise and assist the Minister and the Director in the planning and implementation of all measures considered necessary or desirable for the establishment, maintenance, and effective operation of civil defence.

Without limiting the generality of the provisions of subsection (1) of this section, it shall be the duty of the Committee—

The Committee shall determine its own procedure.

The Minister may from time to time appoint such planning committees as he considers necessary for the purpose of preparing and reviewing national plans in respect of any aspect of civil defence.

Without limiting the power conferred upon him by subsection (1) of this section, the Minister may appoint planning committees for the purpose of preparing and reviewing plans in respect of the national coordination and supervision of civil defence, and in respect of communications, transport, supply, detection and national warning systems, medical, hospital, nursing, and public health services, social welfare, and the enforcement of law and order.

Every planning committee appointed under this section shall include a representative of such Departments of State, other Government agencies, statutory corporations, and associations of local authorities or public bodies as in the opinion of the Minister have a general responsibility for the carrying out of functions associated with or related to the aspect of civil defence in respect of which the planning committee is to prepare a plan, or which have available resources in personnel, material, and services for carrying out civil defence measures in relation to that aspect of civil defence. A member of the committee appointed under this subsection shall be appointed by the Minister as the Chairman of the committee.

The Minister may from time to time, at the request of any planning committee, appoint to that committee, for such period as he thinks fit, any other person or persons.

The Director or any employee of the Department of Internal Affairs nominated by him shall be a member of every planning committee appointed under this section.

Any planning committee may from time to time appoint subcommittees comprising such persons as the planning committee thinks fit, whether members of the planning committee or not, for the purpose of considering and reporting to the planning committee on any matter relating to civil defence that is within the competence of the planning committee.

Subject, in the case of a planning committee, to any directions given by the Minister, and, in the case of a subcommittee, to any directions given by the planning committee by which it was appointed, every planning committee or subcommittee shall determine its own procedure.

It shall be the duty of every planning committee to prepare and forward to the Minister a national plan in respect of the aspect of civil defence for which the committee was appointed.

Every national plan so prepared shall specify the civil defence measures to be undertaken and the functions to be exercised by Departments of State, other Government agencies, statutory corporations, public bodies, and other organisations in contemplation of and during a national emergency or a major disaster.

Where the Minister is satisfied that any national plan prepared under this section provides adequately for civil defence measures in respect of the aspect of civil defence to which the plan relates, he may approve that plan, and the plan shall thereupon be deemed to be operative.

Every Department of State, other Government agency, or statutory corporation required or authorised by any operative national plan or by regulations made under this Act to undertake any civil defence measures or to exercise any functions shall take all necessary steps to undertake those measures or to exercise those functions.

For the purposes of this Act, the Minister may from time to time, by notice in the Gazette, declare New Zealand or any part thereof to be divided into civil defence regions, with such names and boundaries as he thinks fit.

The boundaries of every civil defence region shall be fixed by reference to the boundaries of the districts of the local authorities comprised therein, and shall vary with any alteration in any such last-mentioned boundaries.

In no case shall part only of the district of any local authority be included within the boundaries of a civil defence region.

If at any time there is constituted a new district whose limits extend into two or more civil defence regions, the new district shall be deemed to be included in and to form part of such one of those regions as may be declared in that behalf by the Minister, by notice in the Gazette.

For the purposes of this Act, every region shall be in the charge of a Regional Commissioner.

The fact that any Regional Commissioner exercises his functions in any region shall be sufficient evidence of his authority to do so.

There may from time to time be appointed under the Public Service Act 1912 such Regional Commissioners of Civil Defence as may be necessary.

The office of a Regional Commissioner may be held in conjunction with any other office in the Department of Internal Affairs.

Without limiting any function or duty or power conferred or imposed on him by any other provision of this Act, a Regional Commissioner shall have the following specific functions exercisable within the region under his charge:

In the exercise of his functions, a Regional Commissioner may—

During a state of national emergency or of major disaster, a Regional Commissioner shall have and may exercise, in addition to the functions and powers specified in this section, such functions and powers as may be conferred on him by regulations made under this Act.

The Director may from time to time appoint any suitable person to be the deputy of the Regional Commissioner for any region.

If at any time there is a vacancy in the office of Regional Commissioner for any region, whether by reason of death or resignation or otherwise, or the Regional Commissioner is incapacitated or is out of effective communication with a Regional Civil Defence Committee for the region, and a state of national emergency or a state of major disaster affecting that region or any part thereof has been declared or it appears to the deputy that a major disaster affecting the region or any part thereof has occurred, the deputy may exercise and perform under the general direction of the Director the functions, duties, and powers conferred or imposed on the Regional Commissioner under this Act.

The authority conferred on the deputy of the Regional Commissioner under subsection (2) of this section shall cease and determine on any authorisation being made by the Director under subsection (1) of section 19 of this Act.

The fact that any person exercises or performs any function, duty, or power under subsection (2) of this section shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him to do so has arisen or has ceased.

On the occurrence of a vacancy in the office of any Regional Commissioner, whether by reason of death, resignation, or otherwise, or in the absence from duty or from the region or during the incapacity of any Regional Commissioner, from whatever cause arising, and so long as the vacancy or absence or incapacity continues, the Director may authorise any other Regional Commissioner to exercise and perform the functions, duties, and powers formerly or normally exercised and performed by the Regional Commissioner whose office is vacant or who is absent or is incapacitated, as the case may be, until the appointment of a Regional Commissioner for the region is made or, as the case may be, until the Regional Commissioner for the region resumes duty or returns to the region or the incapacity ceases.

The fact that any Regional Commissioner exercises or performs any function, duty, or power under this section shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him to do so has arisen or has ceased.

For the purposes of this Act, there shall be a Regional Civil Defence Committee for each civil defence region:

Provided that where, in the opinion of the Director, special circumstances exist, he may direct that there shall be more than one Regional Civil Defence Committee for any specified region.

Each Regional Civil Defence Committee shall consist of—

The functions of a Regional Civil Defence Committee shall be to advise and assist the Regional Commissioner generally in the exercise of his functions and powers under this Act, and, in particular, to assist the Regional Commissioner to plan the use of, coordinate, and use for the purposes of this Act personnel, material, and services made available within the region, or, as the case may be, in the part of the region in respect of which the Committee is appointed, by Departments of State, other Government agencies, statutory corporations, public bodies, other organisations, or otherwise.

If atany time it appears to the Governor-General that a national emergency exists, the Governor-General may, by Proclamation approved in Executive Council (hereinafter referred to as a Proclamation of national emergency), declare that for the purposes of this Act a state of national emergency exists in New Zealand:

Provided that, if the Governor-General is of the opinion that the Executive Council is dispersed or for any reason whatsoever it is not possible to hold a meeting thereof, the Proclamation of national emergency may be made by the Governor-General on the recommendation of the Prime Minister.

Notwithstanding anything in any Act, a Proclamation of national emergency shall come into force when it is signed by the Governor-General, who shall as soon as possible give such public notice thereof by such means as he thinks fit, and the Proclamation shall be gazetted as soon as practicable.

If at any time it appears to the members of the Executive Council, not being fewer than three, present at a meeting thereof that the Governor-General is out of communication with the Executive Council and that a national emergency exists, those members may, by a declaration in writing signed by the presiding member of the Council, declare that a state of national emergency exists, and that declaration shall, for the purposes of this Act, have the same force and effect as a Proclamation of national emergency.

If at any time it appears to the Prime Minister that a national emergency exists, that the Executive Council is dispersed or for any reason whatsoever it is not possible to hold a meeting thereof, and that the Governor-General is out of communication with the Prime Minister, the Prime Minister may, by a declaration in writing signed by him, declare that a state of national emergency exists, and that declaration shall, for the purposes of this Act, have the same force and effect as a Proclamation of national emergency.

Every declaration of a state of national emergency made under subsection (3) or subsection (4) of this section shall come into force when it is signed by the member presiding at the meeting of the Executive Council or by the Prime Minister, as the case may be, who shall forthwith give such public notice thereof by such means as he thinks fit, and the declaration shall be gazetted as soon as practicable.

The fact that any person specified in this section declares a state of national emergency shall be conclusive evidence of his authority to do so.

If at any time it appears to the Minister that a major disaster has occurred or may occur, and that the disaster is or is likely to be of such extent or magnitude or severity that the civil defence measures necessary or desirable in respect of it are, or are likely to be, beyond the resources of the local authority or local authorities whose district or districts are affected by the disaster, he may, by a declaration in writing signed by him, declare that a state of national major disaster or, if he thinks fit, a state of regional major disaster exists.

The Minister shall forthwith give such public notice by such means as he thinks fit of every declaration of a state of major disaster made by him under the provisions of subsection (1) of this section, and the declaration shall be gazetted as soon as practicable.

If at any time it appears to the Chairman of any local authority for whose district a local plan is for the time being operative that a major disaster has occurred or may occur in the district, and a state of major disaster has not been declared under any other provision of this section, the Chairman may, by a declaration in writing signed by him, declare that a state of local major disaster exists in the district, and shall forthwith give such public notice thereof by such means as he thinks fit:

Provided that the power to make a declaration of major disaster exercisable by the Chairman of a local authority under this subsection may, if he is incapacitated or is out of effective communication with the Local Controller, be exercised by the Local Controller.

Where—

the person or persons so specified may, by declaration in writing signed by him or them, declare that a state of local major disaster exists in the combined district, and shall give such public notice thereof by such means as he or they think fit:

Provided that where two or more persons have been so specified and those persons are dispersed, or for any reason whatsoever are unable to act together in declaring a state of local major disaster, or are unable so to act in sufficient time having regard to the urgency of the matter, any one of them may make such a declaration:

Provided also that where no person so specified is able for any reason whatsoever to make such a declaration or to make it in sufficient time having regard to the urgency of the matter, the Group Controller may, by a declaration in writing signed by him, declare that a state of local major disaster exists in the combined district.

Where—

that senior member of the Police may, by a declaration in writing signed by him, declare that a state of local major disaster exists in that district or combined district, and shall forthwith give such public notice thereof by such means as he thinks fit.

If at any time it appears to any Regional Commissioner that a major disaster has occurred or may occur within the region under his charge, or within any part thereof, and if a declaration has not been made under any other provision of this section, the Regional Commissioner may, by a declaration in writing signed by him, declare that a state of regional major disaster exists in that region or part thereof or, if he thinks fit, that a state of local major disaster exists in any part of that region, and shall forthwith give such public notice thereof by such means as he thinks fit.

Any declaration under this section shall come into force as soon as it is made.

The fact that any person specified in this section declares a state of major disaster shall be conclusive evidence of his authority to do so.

Where a state of national emergency has been declared or extended, or a state of national major disaster or regional major disaster has been declared or extended by the Minister or a state of regional major disaster has been declared by a Regional Commissioner or extended by the Minister, the occasion thereof shall forthwith be communicated by the Minister to Parliament if Parliament is then in session, and, if Parliament is not then in session, shall be communicated to Parliament forthwith after the commencement of the next ensuing session.

Subject to the provisions of subsection (2) of this section, a state of national emergency shall terminate on the twenty-eighth day after the date of its declaration or on such earlier date as the Governor-General specifies, by Proclamation approved in Executive Council.

The Governor-General may, by Proclamation approved in Executive Council, where he considers it advisable or necessary for the preservation of life or the relief of distress, from time to time extend the duration of a state of national emergency for such periods, not exceeding twenty-eight days in each instance, as he thinks fit.

Subject to the provisions of section 26 of this Act, a state of major disaster shall terminate on the twenty-eighth day after the date on which it was declared.

The Minister may, by notice in the Gazette,—

Where a state of major disaster has been declared under subsection (3) of section 22 of this Act,—

Where a state of major disaster has been declared under subsection (4) of section 22 of this Act,—

Where under subsection (2) or subsection (3) of this section the local authority or, as the case may be, a majority of the uniting local authorities extend a state of major disaster, the local authority or, as the case may be, a majority of the local authorities may thereafter from time to time, by resolution, extend the state of major disaster for such periods, not exceeding twenty-eight days in each instance, as are specified in the resolution or resolutions.

Where any declaration or resolution is made or passed pursuant to subsection (2) or subsection (3) or subsection (4) of this section, public notice thereof shall be given by notice published in a newspaper circulating in the district or combined district, as the case may be.

Except where the local authority has united with one or more other local authorities for civil defence purposes under section 28 of this Act, every local authority shall prepare a local civil defence plan to deal with all matters of civil defence within its district.

Every local plan shall provide for the setting up of a civil defence organisation for the district of the local authority, with such advisory committees, units, and services as are considered necessary or desirable.

A local authority may, by agreement, unite with one or more other local authorities for the purpose of arranging and carrying out civil defence measures in the combined districts of the local authorities that are parties to the agreement.

Where two or more local authorities have united for civil defence purposes under this section, they shall prepare a joint local civil defence plan to deal with all matters of civil defence within the combined district.

Every joint plan shall provide for the setting up of a civil defence organisation for the combined district, with such advisory committees, units, and services as are considered necessary or desirable.

Every local authority which prepares a local plan shall appoint a suitable person to be the Local Controller of Civil Defence for the district.

Where two or more local authorities unite for civil defence purposes and prepare a joint plan, they shall appoint a suitable person to be the Group Controller of Civil Defence for the combined district.

Every joint plan shall specify a person or persons as the person or persons authorised by subsection (4) of section 22 of this Act to declare a state of local major disaster in respect of the combined district and to extend or terminate such a state of major disaster.

Where two or more persons are so specified, then, subject to the provisions of subsection (4) of section 22 of this Act, they shall not make any declaration of a state of local major disaster or extending or terminating a state of local major disaster except by agreement of all the persons so specified.

A joint plan may include provision for any of the uniting local authorities to delegate to any other uniting local authority all or any of its powers under this Act, except the power to extend a state of local major disaster or the powers conferred by section 46 of this Act, and those powers may be delegated accordingly.

Every local authority to which any powers have been delegated under this section may exercise those powers in the district of the local authority making the delegation as if the term “district”, in relation to the first-mentioned local authority, included the district of the local authority making the delegation.

A local plan or joint plan prepared by a local authority or by uniting local authorities shall be submitted to the Regional Commissioner for the region within which the district or combined district is situated, for approval by him.

In considering any local plan or joint plan submitted to him, the Regional Commissioner shall have regard to national plans and to the extent to which the local plan or joint plan in his opinion makes adequate provision for the satisfactory carrying out of civil defence measures in the district or combined district, and may in his discretion—

Any local authority or uniting local authorities whose local plan or joint plan has been approved by the Regional Commissioner under this section or by the Minister under section 33 of this Act may from time to time prepare an amendment of that plan or revoke that plan and prepare a new plan in its place. The provisions of subsections (1) and (2) of this section shall apply, with the necessary modifications, to every amendment of a local plan or joint plan and to every new local plan or joint plan prepared under this subsection.

A local plan or joint plan or an amendment of a local plan or joint plan shall come into force and be deemed to be operative when it has been approved by the Regional Commissioner under this section or by the Minister under section 33 of this Act.

Any local authority or uniting local authorities aggrieved by a decision of the Regional Commissioner under paragraph (b) or paragraph (c) of subsection (2) of section 32 of this Act may refer the plan or amendment to the Minister for his consideration.

In considering any plan or amendment submitted to him under this section, the Minister may in his discretion approve the plan or amendment, or decline to approve the plan or amendment, or approve the plan or amendment subject to such modification thereof as he thinks fit. The decision of the Minister under this subsection shall be final.

A copy of every operative plan and of every operative amendment thereof shall be kept in the office of the local authority or, in the case of a joint plan, in the offices of the uniting local authorities, and shall be available for inspection without fee during office hours by any member of the public.

On any local plan or joint plan or amendment thereof becoming operative, the local authority or the uniting local authorities, as the case may be, shall give public notice of the fact that the plan or amendment has become operative and of the place or places at which it may be inspected.

Where the boundaries of any district for which a local plan or joint plan is for the time being operative are altered by the inclusion therein of any area comprising the whole or a part of any other district, the plan shall come into force in the area so added to the district, and any such plan in force in that area before the change of boundaries shall cease to be in force in that area:

Provided that nothing in this subsection shall apply with respect to any joint plan in force in that area before the change of boundaries, if before the change of boundaries the district to which the area is added also formed part of the combined district in which the joint plan was in force.

Where a new district is constituted, any operative local plan or joint plan in force in any part of the district immediately before the constitution of the new district shall cease to have effect in that part, and the local authority of the new district shall prepare under section 27 of this Act and submit for approval under section 32 of this Act a local plan for its district or join with one or more other local authorities in the preparation of a joint plan under section 28 of this Act and the submission of the joint plan for approval under section 32 of this Act.

Where two or more local authorities have united for the purposes of civil defence, they may, for such purposes, enter into contracts (being within their several powers, whether conferred by this Act or by any other Act) between themselves or some or one of them on behalf of all of them on the one hand and any other corporation or person on the other hand, and generally may join in any act.

For the better coordination of civil defence measures generally, any local authority or uniting local authorities may enter into arrangements with the Regional Commissioner for the purpose of providing relief and assistance to any other local authority or local authorities affected by any national emergency or any major disaster.

For the purposes of civil defence, a local authority or uniting local authorities may—

For the purposes of civil defence, where a local plan or joint plan in respect of any district or combined district is for the time being operative, the local authority or uniting local authorities may, in addition to exercising the powers specified in subsection (1) of this section,—

Where a local plan or joint plan for any district or combined district is in the course of preparation or has been prepared but has not become operative and, in the opinion of the Regional Commissioner, the planning and organisation of civil defence in the district or combined district has progressed to such a stage that the granting of additional powers is justified, the local authority or uniting local authorities, in addition to exercising the powers specified in subsection (1) of this section, may, with the consent of the Regional Commissioner granted subject to such conditions as he thinks fit,—

Where under subsection (3) of this section the Regional Commissioner authorises any local authority or uniting local authorities to exercise any powers, the prepared or partly prepared plan shall for the purposes of Part V of this Act be deemed to be an operative plan.

At any time after the declaration of a state of national emergency or the occurrence of a major disaster affecting any district or combined district, the local authority or, as the case may be, the uniting local authorities may, if they consider that the civil defence measures necessary or desirable in respect of the national emergency or that major disaster are, or are likely to be, beyond their resources or if they are of the opinion that aid from outside the district or combined district is necessary or desirable, call upon the Regional Commissioner to take such steps as he considers necessary or desirable in the circumstances; and thereupon the local authority or uniting local authorities shall exercise under the direction of the Regional Commissioner such of the powers conferred by section 38 of this Act or by regulations made under this Act as are exercisable during a state of national emergency or of major disaster and as the Regional Commissioner directs.

Where a state of national emergency or of national major disaster or of regional major disaster has been declared, and aid and resources are provided for civil defence purposes by the Regional Commissioner to any local authority or to uniting local authorities, the local authority or uniting local authorities shall act under the direction of the Regional Commissioner in exercising such of the powers conferred by section 38 of this Act or by regulations made under this Act as are exercisable during a state of national emergency or of major disaster and as the Regional Commissioner directs.

On the declaration of a state of national emergency or of major disaster, any local authority or uniting local authorities shall have and may exercise, in addition to the powers conferred by section 38 of this Act, such powers as may be conferred on local authorities or uniting local authorities by regulations made under this Act.

In the exercise of the powers conferred on it by this Act, a local authority may delegate to the Chairman or to the Deputy Chairman of the local authority or to the Local Controller or to any officer of the local authority such of those powers as it thinks fit, except—

In the exercise of the powers conferred on it by this Act, a uniting local authority may delegate to the Group Controller or to any officer of any of the uniting local authorities such of those powers as it thinks fit, except—

Where—

the Chairman or, as the case may be, the Group Controller may, if he considers it necessary or desirable, exercise on behalf of the local authority or of the uniting local authorities such of the powers conferred on the local authority or uniting local authorities as he thinks fit until such time as the local authority or uniting local authorities assume or resume the exercise of those powers.

Where the Chairman or, as the case may be, the Group Controller is absent from the district or combined district or is dead or incapacitated or is otherwise unable to exercise the powers conferred on him by subsection (1) of this section, the Deputy Chairman or, in the case of uniting local authorities, the Chairman or Deputy Chairman of any one of those local authorities may exercise those powers on behalf of the local authority or local authorities, as the case may be, until the local authority or the Chairman or, as the case may be, the uniting local authorities or the Group Controller assume or resume the exercise of those powers.

Where, in the case of a local authority, both the Chairman and the Deputy Chairman are absent from the district or are dead or incapacitated or are otherwise unable to exercise the powers conferred on them by this section, the Local Controller may exercise those powers on behalf of the local authority until the Chairman or Deputy Chairman assumes or resumes the exercise of those powers.

Where—

the senior member of the Police present in the district or combined district may exercise such of the powers specified in section 38 of this Act as are in his opinion practicable and necessary in the circumstances.

The authority conferred by subsection (4) of this section shall cease and determine when the local authority or the uniting local authorities or the persons authorised to act on their behalf or the Controller or the Regional Commissioner assume effective control of the district or combined district.

The fact that any person specified in this section exercises any power specified in this section shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion authorising him to do so has arisen or has ceased.

Notwithstanding anything in the Public Bodies Contracts Act 1959 or in paragraph (c) of subsection (1) of section 41 of this Act, the Chairman, Deputy Chairman, Clerk, Treasurer, or Engineer of any local authority or the Local Controller may from time to time during a state of national emergency or during a state of major disaster affecting the district of the local authority enter into any contract on behalf of the local authority for any of the purposes of this Act, as if power to enter into that contract had been delegated to him by the local authority.

The Chairman, Deputy Chairman, Clerk, Treasurer, or Engineer of a local authority or the Local Controller entering into any contract pursuant to subsection (1) of this section shall report the same to the local authority at its next ordinary meeting or, where that is not practicable, at its next succeeding ordinary meeting.

Where a state ofnational emergency or of major disaster has been declared, or the Minister considers that an imminent threat of a national emergency or of major disaster exists, the Minister may, if he considers that, having regard to all the circumstances it is expedient to do so, direct any local authority or uniting local authorities or person to exercise any of the powers conferred by this Act on that local authority or those uniting local authorities or that person or to cease to exercise any of those powers being exercised by the local authority or uniting local authorities or person, and in either case to comply with all directions given by the Minister in that behalf.

Where under subsection (1) of this section the Minister directs any local authority or uniting local authorities or person to exercise any power, he may in his discretion direct that the power shall be exercised under the control and to the satisfaction of the Regional Commissioner.

The provisions of Part V of the War Pensions Act 1954 (which relates to Emergency Reserve Corps pensions), as far as they are applicable and with the necessary modifications, shall apply with respect to—

A local authority may spend money out of its general funds for any of the purposes of this Act.

A local authority may from time to time raise a special loan under the Local Authorities Loans Act 1956 for any of the purposes specified in this Act, pursuant to a special order and, notwithstanding anything in section 34 of the Local Authorities Loans Act 1956, without the prior consent of its ratepayers.

A local authority may, out of money borrowed under subsection (2) of this section, repay to its general funds any sum or sums or any portion of any sum or sums advanced therefrom during the immediately preceding period of twelve months and applied towards any of the purposes specified in this Act.

Notwithstanding anything in Part II of the Local Authorities Loans Act 1956, where by reason of any civil defence measures taken under this Act in respect of a national emergency or a major disaster it becomes necessary for a local authority to expend money beyond the amount estimated by it for the year then current, the local authority, with the consent of the Minister of Finance and upon and subject to such conditions as that Minister thinks fit, may, in addition to any other powers conferred by this section, from time to time borrow money from its bankers by way of overdraft in excess of the limit imposed by section 20 of that Act for the purpose of meeting the cost of carrying out and exercising during a state of national emergency or of major disaster any of the functions and powers conferred on it by this Act.

Subject to subsection (3) of this section, no action or proceedings shall be brought against the Crown, or any local authority, or any officer or servant of either of them, or any member of a local authority, or against any other person whatsoever to recover damages for any damage to property occasioned by any person in the exercise or performance in good faith of his powers, duties, or obligations under this Act derived from or imposed by the declaration of a state of national emergency or of major disaster.

Subject to section 45 of this Act and to subsection (3) of this section, no action or proceedings shall be brought against the Crown, or any local authority, or any officer or servant of either of them, or any member of a local authority, or against any other person whatsoever to recover damages for any loss or damage or bodily injury or death that is due directly or indirectly to a national emergency or a major disaster, where the loss or damage or bodily injury or death is caused by any person taking any action, or failing to take any action, while he is acting in good faith in the exercise or performance of his powers, duties, or obligations under this Act derived from or imposed by the declaration of a state of national emergency or of major disaster.

Nothing in section 45 of this Act or in subsection (1) or subsection (2) of this section shall—

No member of a local authority shall be personally liable for any act done or omitted by the local authority or by any member thereof in good faith in pursuance or intended pursuance of the powers and authorities of the local authority conferred by this Act.

Where a state of national emergency or of major disaster has been declared, and, in the opinion of the Regional Commissioner or Controller concerned or of any member of the Police, the action authorised by this subsection is immediately and urgently necessary for the preservation of human life, he or any person authorised by him may, without any further authority than this subsection, require the owner or person for the time being in control of any vehicle, horse, or boat forthwith to place that vehicle, horse, or boat under the control and direction of the Regional Commissioner, Controller, member of the Police, or person so authorised, as the case may be:

Provided that where the owner or person for the time being in control of that vehicle, horse, or boat cannot be immediately found the Regional Commissioner, Controller, member of the Police, or person so authorised may assume forthwith the control and direction of the vehicle, horse, or boat.

Every person commits an offence against this Act who fails to comply with any direction given to him under subsection (1) of this section:

Provided that no person shall be deemed to have committed an offence under this section unless the Court is satisfied that the Regional Commissioner or Controller or member of the Police had reasonable grounds for believing that in all the circumstances of the case the requirement was immediately and urgently necessary for the preservation of human life.

Where under this section a vehicle, horse, or boat has come under the control of a Regional Commissioner or member of the Police or of a person authorised by a Regional Commissioner or member of the Police, there shall, on application by the owner, be paid to him out of money appropriated by Parliament such amount as the Minister approves by way of reasonable compensation for—

Where under this section a vehicle, horse, or boat has come under the control of a Controller or of a person authorised by a Controller during a state of local major disaster, there shall, on application by the owner, be paid to him by the local authority or, as the case may be, by the uniting local authorities reasonable compensation for—

Where a state of national emergency or of major disaster has been declared, and, in the opinion of the Regional Commissioner or the Controller or any member of the Police, the action authorised by this subsection is immediately and urgently necessary for the preservation of human life, he or any person authorised by him may, without any further authority than this subsection, require the evacuation of any area or building or place and the exclusion of any persons and vehicles from any area, building, or place.

Every person commits an offence against this Act who fails to comply with any direction given to him under subsection (1) of this section:

Provided that no person shall be deemed to have committed an offence under this section unless the Court is satisfied that the Regional Commissioner or Controller or member of the Police had reasonable grounds for believing that in all the circumstances of the case the requirement was immediately and urgently necessary for the preservation of human life.

Every operative local plan or joint plan shall include provisions authorising the persons designated in the plan to close to traffic any road, street, private street, motorway, private way, right of way, service lane, access way, or other highway or any public place at any time during the continuation of a state of national emergency or of a state of major disaster in the area to which the plan relates, and every person so designated may exercise those powers accordingly.

Where no operative local plan or joint plan is in force for any area, the Regional Commissioner and any persons authorised by him may exercise the powers specified in subsection (1) of this section. The fact that any person exercises any such powers shall be sufficient evidence of his authority to do so.

Every person commits an offence against this Act who fails to comply with any lawful direction given by any person in the exercise of any powers conferred by this section.

Nothing in this section shall derogate from the powers in relation to the closing of roads, streets, and other places conferred on any person by section 37 of the Fire Services Act 1949, Part XVIII of the Municipal Corporations Act 1954, section 32 of the Forest and Rural Fires Act 1955, or any other enactment, or from the powers of the Police in that behalf.

Where a state of national emergency exists or a state of major disaster exists in any area, any Regional Commissioner, Controller, member of the Police, or other person acting under the authority of a Regional Commissioner or of a Controller or of a member of the Police may remove any vehicle or thing impeding civil defence operations; and, where reasonably necessary for that purpose, he may use force or may break into any such vehicle.

Where a state of national emergency exists or a state of major disaster exists in any area, any Regional Commissioner, any Controller, any member of the Police, and any person acting under the authority of a Regional Commissioner or of a Controller or of a member of the Police may enter upon, and if necessary break into, any building, premises, or land, where he believes on reasonable grounds that the action is necessary for saving life, or preventing injury, or rescuing and removing injured or endangered persons, or permitting or facilitating the carrying out of any urgent measures in respect of the relief of suffering or distress.

The Commissioner of Police may from time to time, with the consent of the Minister of Police, appoint such persons to be civil defence police for the purposes of this Act as he considers necessary, and may train any persons so appointed.

Every person appointed under this section shall be sworn in before a Justice, and thereafter, so long as his appointment continues in force, shall, during a state of national emergency or of major disaster but at no other time, be deemed to be and shall have all the power, authority, duty, and responsibility of a constable:

Provided that during a state of major disaster he may exercise that power and shall have that authority, duty, and responsibility only in the area in respect of which the state of major disaster has been declared and in any other area specified by the Commissioner of Police.

Every person appointed under this section shall hold office at the will of the Commissioner of Police.

The provisions of section 45 of this Act shall apply with respect to every person for the time being holding an appointment under this section as if he were a member of a civil defence organisation established by a local authority.

No person who during a state of national emergency or of major disaster is absent from his accustomed employment on civil defence operations authorised by this Act shall be liable to dismissal by reason only of his absence, whether or not his accustomed employer has consented to that absence:

Provided that nothing in this section shall be deemed to impose on the employer of any such person any obligation to pay to him any remuneration in respect of any period of absence from his employment on civil defence operations.

The Governor-General may from time to time, by Order in Council, make such regulations with respect to civil defence as appear to him to be necessary or expedient for the purpose of securing the public safety and generally safeguarding the interests of the public during any state of national emergency or of major disaster.

Regulations made under subsection (1) of this section may prescribe penalties for the breach of any such regulation, not exceeding—

Regulations may be made under subsection (1) of this section at any time, whether or not a state of national emergency or of major disaster then exists, but shall have effect only during the continuation of a state of national emergency or of major disaster.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

Every person commits an offence who wilfully—

Everyperson who commits an offence against this Act is liable on summary conviction—

Section 2 of the Public Safety Conservation Act 1932 is hereby amended by inserting in subsection (1), after the words “likely to be imperilled”, the words “and a state of national emergency or of major disaster has not been declared under the provisions of the Civil Defence Act 1962 in respect of those circumstances”.

Section 4 of the Public Safety Conservation Act 1932 is hereby amended—

The Local Authorities’ Emergency Powers Act 1953 is hereby repealed.