Civil Defence Amendment Act 1975
Civil Defence Amendment Act 1975
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Civil Defence Amendment Act 1975
Civil Defence Amendment Act 1975
Public Act |
1975 No 39 |
|
Date of assent |
19 September 1975 |
|
Contents
An Act to amend the Civil Defence Act 1962
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Civil Defence Amendment Act 1975, and shall be read together with and deemed part of the Civil Defence Act 1962 (hereinafter referred to as the principal Act).
(2)
Sections 20 to 24 of this Act shall be deemed to have come into force on the 1st day of April 1974.
(3)
Except as otherwise provided in subsection (2) of this section, the provisions of this Act shall come into force on the date of its passing.
2 Interpretation
(1)
Section 2 of the principal Act is hereby amended by repealing the definition of the term “Controller”
, and substituting the following definition:
“‘Controller’ means a Local Controller of Civil Defence or a Group Controller of Civil Defence or a Regional Controller of Civil Defence, as the case may require, appointed under this Act:”.
(2)
Section 2 of the principal Act is hereby further amended by repealing the definition of the term “district”
, and substituting the following definition:
“‘District’ means the district of a local authority; and includes a region within the meaning of the Local Government Act 1974:”.
(3)
Section 2 of the principal Act is hereby further amended by repealing the definition of the term “local authority”
, and substituting the following definition:
“‘Local authority’ means a Regional Council, County Council, Borough Council, Town Council, or District Council; and includes the corporate body which any such Council represents; and, in relation to the County of Fiord, means the Minister of Works and Development:”.
(4)
Section 2 of the principal Act is hereby further amended by inserting, after the definition of the term “Regional Commissioner”
, the following definition:
“‘Regional Council’ means a Regional Council or a United Council constituted under Part II of the Local Government Act 1974:”.
(5)
Section 2(1) of the Civil Defence Amendment Act 1965 is hereby consequentially amended by repealing paragraphs (a) and (b).
3 Membership of Civil Defence Committee
Section 10(2) of the principal Act is hereby amended by omitting from paragraph (i) the words “The Chairman of the Social Security Commission”
, and substituting the words “The Director-General of Social Welfare”
.
4 Declaration of state of civil defence emergency
(1)
Section 22 of the principal Act (as substituted by section 4 of the Civil Defence Amendment Act 1968) is hereby amended by repealing paragraphs (a) and (b) of subsection (4), and substituting the following paragraphs:
“(a)
The Regional Controller, if the Chairman is incapacitated or is out of effective communication with the Regional Controller; or
“(b)
The Local Controller, if the Chairman is incapacitated or is out of effective communication with the Local Controller; or
“(c)
The person or persons specified for that purpose pursuant to subsection (3) of section 27 of this Act, if the Chairman and the Regional Controller, or, as the case may require, the Chairman and the Local Controller, are incapacitated or are out of effective communication with the person or persons so specified.”
(2)
Section 22 of the principal Act (as so substituted) is hereby further amended by inserting, after subsection (9), the following subsection:
“(9a)
If at any time it appears to the Director that—
“(a)
A civil defence emergency has occurred or may occur in any region or any part of it; and
“(b)
The circumstances are such that a declaration of a state of national civil defence emergency is not warranted; and
“(c)
A state of civil defence emergency has not been declared under any other provision of this section—
he may declare that a state of regional civil defence emergency exists in the region or in any part of it or, if he thinks fit, that a state of local civil defence emergency exists in any part of the region.”
(3)
Section 22 of the principal Act is hereby further amended by omitting from subsection (10) the words “and (9)”
, and substituting the words “(9), and (9a)”
.
(4)
Section 27(3) of the principal Act (as added by section 7 of the Civil Defence Amendment Act 1968) is hereby consequentially amended by omitting the expression “paragraph (b)”
, and substituting the expression “paragraph (c)”
.
5 State of civil defence emergency may be declared in district not affected by emergency
The principal Act is hereby amended by inserting, after section 22, the following section:
“22a
“(1)
If at any time—
“(a)
A state of regional civil defence emergency or a state of local civil defence emergency has been declared in any district or part of a district (in this section referred to as the affected district), and has not been terminated; and
“(b)
It appears to the Minister, or to the Director, or to the Regional Commissioner having civil defence responsibilities in respect of any other district or part of a district (in this section referred to as the assisting district), that, having regard to the magnitude or severity of the emergency and to the resources of the local authority or local authorities having civil defence responsibilities within the affected district, it is necessary or desirable for the purposes of this Act to do so,—
the Minister or the Director or the Regional Commissioner, as the case may require, may declare that a state of regional civil defence emergency or a state of local civil defence emergency exists in the assisting district.
“(2)
Subsections (10) to (14) of section 22 of this Act shall apply, with any necessary modifications, to and in respect of every declaration of a state of civil defence emergency made under this section.
“(3)
Where a state of civil defence emergency is declared under this section every local authority having civil defence responsibilities in the assisting district shall have the same powers under this Act as it would have had if the emergency had occurred in the assisting district and the declaration had been made under section 22 of this Act.
“(4)
Section 26 of this Act shall apply, with any necessary modifications, with respect to any state of civil defence emergency that has been declared under this section.”
6 Declaration of state of civil defence emergency may be limited in purpose
The principal Act is hereby amended by inserting, after section 22a (as inserted by section 5 of this Act), the following section:
“22b
“(1)
A declaration of a state of civil defence emergency under section 22 or section 22a of this Act may be made generally, or may be expressed to be made for the specific purpose of requiring any person holding any specified office under this Act or any other person to perform any function required by this Act to be performed by that person in the event of a civil defence emergency, or of authorising any such person to exercise any power conferred by this Act on that person and exercisable by him in the event of a civil defence emergency.
“(2)
Notwithstanding any other provision of this Act, where a declaration of a state of emergency is expressed to be made for a specific purpose, nothing in this Act shall authorise any person to perform any function or to exercise any power, the performance or exercise of which would have been authorised by this Act if the declaration had been made generally, unless the performance of that function or the exercise of that power is expressly required or authorised by the terms of the declaration, or is contemplated by or necessary for giving full effect to the terms of the declaration.”
7 Communication to Parliament
(1)
The principal Act is hereby amended by repealing section 23, and substituting the following section:
“23
In any case where—
“(a)
A state of national emergency has been declared or extended; or
“(b)
A state of national civil defence emergency or regional civil defence emergency has been declared or extended by the Minister; or
“(c)
A state of regional civil defence emergency has been declared or extended by the Director; or
“(d)
A state of regional civil defence emergency has been declared by a Regional Commissioner or extended by the Director,—
the Minister shall advise Parliament accordingly, forthwith if Parliament is then in session, or, if Parliament is not then in session, as soon as practicable after the commencement of the next ensuing session.”
(2)
The Schedule to the Civil Defence Amendment Act 1968 is hereby consequentially amended by omitting the figure “23;”
.
8 Extension and termination of state of civil defence emergency
(1)
Section 26 of the principal Act (as substituted by section 6 of the Civil Defence Amendment Act 1968) is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
The Director may, by a declaration in writing signed by him,—
“(a)
If 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 civil defence emergency that has been declared by a member of the Police or by a Regional Commissioner for such periods, not exceeding 7 days in each instance, as he thinks fit:
“(b)
Specify the time and date on which any such emergency shall terminate, being a date not later than 7 days after the date on which the declaration is made.”
(2)
The said section 26 is hereby further amended by repealing subsections (2) and (3), and substituting the following subsections:
“(2)
On the extension of the duration of a state of civil defence emergency under subsection (1) or subsection (1a) of this section, such sections of this Act (if any) as the Minister or, as the case may require, the Director specifies in the declaration shall cease to apply in respect of the emergency.
“(3)
Public notice of every declaration made under subsection (1) or subsection (1a) of this section shall be given in such manner as the Minister or, as the case may require, the Director thinks fit.”
9 Time limit for preparation of plans
(1)
The principal Act is hereby amended by repealing section 28a (as inserted by section 8 of the Civil Defence Amendment Act 1968), and substituting the following section:
“28a
“(1)
Every local authority in respect of whose district a local civil defence plan or a joint civil defence plan is not operative at the date of the commencement of this section, and every local authority constituted after that date, and every local authority required under section 35(3)(b) of this Act to prepare a new plan, shall, within 6 months after the commencement of this section or after the date of the first meeting of the local authority or after being so required, as the case may require,—
“(a)
Prepare a local civil defence plan in accordance with section 27 of this Act, and submit it to the Regional Commissioner in accordance with section 32 of this Act, or, as the case may require, to the Regional Council in accordance with section 32a of this Act; or
“(b)
Unite with one or more other local authorities in accordance with section 28 of this Act and cause a joint civil defence plan to be prepared in accordance with that section and submitted to the Regional Commissioner in accordance with section 32 of this Act, or, as the case may require, to the Regional Council in accordance with section 32a of this Act.
“(2)
If any local authority fails to comply with subsection (1) of this section, the Regional Commissioner or, as the case may require, the Regional Council for the region within which the district of the local authority is situated may—
“(a)
Prepare or cause to be prepared a local civil defence plan for the district of that local authority; or
“(b)
Prepare or cause to be prepared a joint civil defence plan for a combined district comprising the districts of two or more such local authorities; or
“(c)
Amend or cause to be amended any operative joint plan so as to include the district of that local authority.
“(3)
All costs and expenses incurred by the Regional Commissioner under subsection (2) of this section may be recovered as a debt due to the Crown from the defaulting local authority or local authorities. The amount of the costs and expenses so incurred, and, where more than one local authority is in default, the proportion of the total amount of the costs and expenses to be borne by each such local authority shall be determined by the Minister, whose decision shall be final.
“(4)
All costs and expenses incurred by the Regional Council under subsection (2) of this section may be recovered as a debt due to the Regional Council from the defaulting local authority or local authorities. The amount of the costs and expenses so incurred, and, where more than one local authority is in default, the proportion of the total costs and expenses to be borne by each such local authority shall be determined by the Regional Commissioner, whose decision shall be final.”
(2)
Section 8 of the Civil Defence Amendment Act 1968 is hereby consequentially repealed.
10 Regional Controller or Local Controller to be appointed
(1)
Section 29 of the principal Act is hereby amended by omitting the word “which”
, and substituting the words “(other than a regional council) that”
.
(2)
The principal Act is hereby amended by inserting, after section 30, the following section:
“30a Regional Controller of Civil Defence
Every regional council shall appoint a suitable person to be the Regional Controller of Civil Defence for the region.”
11 Submission of plans for approval
(1)
Section 32(1) of the principal Act is hereby amended by omitting the words “A local plan”
, and substituting the words “Subject to section 32a of this Act, a local plan”
.
(2)
The principal Act is hereby amended by inserting, after section 32, the following section:
“32a Plan to be submitted to Regional Council in certain cases
“(1)
Every local plan or joint plan prepared by a local authority or by uniting local authorities whose district constitutes a part or whose districts constitute parts of a region within the meaning of the Local Government Act 1974 shall be submitted to the Regional Council for its approval.
“(2)
In every case to which subsection (1) of this section applies, subsections (2) to (4) of section 32, and sections 33a, 34a, and 34b of this Act shall also apply and shall be read and construed as if each reference in those provisions to the Regional Commissioner were a reference to the appropriate Regional Council.”
12 Objection to Regional Council’s decision
Section 33 of the principal Act is hereby amended by adding the following subsection:
“(3)
Any local authority or uniting local authorities aggrieved by a decision of the Regional Council under paragraph (b) or paragraph (c) of subsection (2) of section 32 of this Act may state its or their objections in writing to the Regional Council. Unless the Regional Council agrees to revoke or amend its decision in accordance with the terms of the objection, it shall forward the objection for consideration by the Regional Commissioner when submitting its plan to him in accordance with the said section 32 of this Act.”
13 Effect of change in boundaries of districts or constitution of new districts
Section 35 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsections:
“(2)
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 district shall continue in force until a new plan has been prepared and approved in accordance with section 28a of this Act.
“(3)
Where a new district that is a region within the meaning of the Local Government Act 1974 is constituted, the Regional Council for that district shall, within 6 months after the date of its first meeting, review each local plan and joint plan then in force in any part of the district, and shall either—
“(a)
Endorse the plan and advise the local authority or local authorities responsible for the plan accordingly; or
“(b)
Require the local authority or local authorities responsible for the plan to prepare a new plan.
“(4)
The requirements of subsection (3) of this section are in addition to those of section 28a of this Act.”
14 Regional arrangements
(1)
Section 37 of the principal Act is hereby repealed.
(2)
Section 17(2)(b) of the principal Act is hereby consequentially amended by omitting the words “under section 37 of this Act”
.
(3)
Section 13 of the Civil Defence Amendment Act 1965 is hereby consequentially repealed.
(4)
The Second Schedule to the Civil Defence Amendment Act 1968 is hereby consequentially amended by omitting the figures “37(1), (3);”
.
15 Powers of local authorities
Section 38 of the principal Act is hereby amended by adding the following subsection:
“(5)
Notwithstanding anything in the foregoing provisions of this section, those provisions shall, in relation to any local authority whose district constitutes part of a region within the meaning of the Local Government Act 1974, apply and be read and construed as if each reference to the Regional Commissioner were a reference to the appropriate Regional Council.”
16 Specific functions and powers of regional councils
The principal Act is hereby amended by inserting, after section 38 (as amended by section 15 of this Act), the following section:
“38a
“(1)
Without limiting any other provision in this Act, every regional council shall perform the following functions:
“(a)
The preparation of a local plan for its district:
“(b)
The co-ordination, approval, and review of local plans and joint plans prepared by any other local authority in respect of any area within the regional council’s district:
“(c)
The supplying of advice and assistance to each local authority having civil defence responsibilities within the regional council’s district in respect of the planning and preparation for, and the coordination of, the effective carrying out of those responsibilities:
“(d)
The promotion, co-ordination, and provision of adequate training for civil defence personnel within the regional council’s district:
“(e)
During a civil defence emergency, the control and co-ordination for the purposes of this Act of the personnel, material, and services made available by other local authorities having civil defence responsibilities within the regional council’s district, Departments of State, other Government agencies, statutory corporations, public bodies, or other organisations or persons.
“(2)
Without limiting any other provision of this Act, a regional council shall have all such powers as are reasonably necessary to enable it to carry out the functions specified in subsection (1) of this section, including the power—
“(a)
To enforce compliance with the provisions of any local plan or joint plan for the time being in force in its district, or in any part of its district; and
“(b)
To restrain or prevent any act, matter, or thing that is or may be inconsistent with any of the provisions of any such plan.”
17 Power of delegation
Section 41 of the principal Act (as substituted by section 12 of the Civil Defence Amendment Act 1968) is hereby amended by inserting in subsection (1), after the words “Deputy Chairman”
, the words “or to the Regional Controller”
.
18 Powers of Chairman and other officers in urgent cases
Section 42 of the principal Act is hereby amended by inserting in subsection (3), after the words “this section,”
, the words “the Regional Controller or”
.
19 Contracts by Chairman or other officers of local authority, Regional Controller, or Local Controller in urgent cases
(1)
Section 43 of the principal Act is hereby amended by inserting in subsections (1) and (2), after the word “Clerk,”
in each place where it occurs, the words “Principal Administration Officer,”
.
(2)
Section 43 of the principal Act is hereby further amended by inserting in subsections (1) and (2), after the word “authority”
where it first occurs in each of those subsections, the words “or the Regional Controller”
.
20 Rights under the War Pensions Act 1954
(1)
Section 45 of the principal Act (as substituted by section 14 of the Civil Defence Amendment Act 1965) is hereby repealed.
(2)
The following enactments are hereby consequentially repealed:
(a)
Section 14 of the Civil Defence Amendment Act 1965:
(b)
Section 14 of the Civil Defence Amendment Act 1968:
(c)
Section 19 of the War Pensions Amendment Act 1973.
21 Compensation for loss of or damage to personal property
(1)
Section 45a of the principal Act (as inserted by section 15 of the Civil Defence Amendment Act 1968) is hereby amended by repealing subsection (1), and substituting the following subsections:
“(1)
Subject to section 45b of this Act and to subsections (3) to (6) of this section, every member of a civil defence organisation established by a local authority or uniting local authorities who, while carrying out civil defence work or participating in civil defence training under the control or authority of any local authority, organisation, or person mentioned in subsection (1a) of this section, suffers loss of or damage to his personal property shall be entitled to receive compensation equal to—
“(a)
The value of any personal property that has been lost; or
“(b)
The diminution in value of any personal property that has been damaged—
as the case may be, if the loss or damage was directly attributable to the carrying out of such work or the participation in such training.
“(1a)
Subsection (1) of this section shall apply in respect of any civil defence work or civil defence training conducted under the control or authority of—
“(a)
The local authority or uniting local authorities that established the civil defence organisation of which the claimant is a member; or
“(b)
The Director or Deputy Director or any person authorised to act in place of either of them; or
“(c)
A Regional Commissioner or a Controller; or
“(d)
A senior member of the Police acting under the authority of subsection (4) of section 42 of this Act; or
“(e)
Any person or organisation acting under the authority of any of those bodies or persons.”
(2)
Section 45a(3) of the principal Act is hereby amended by repealing paragraph (a).
(3)
Section 45a of the principal Act is hereby further amended by—
(a)
Omitting from paragraph (a) and from paragraph (b) of subsection (4) the words “injury or”
:
(b)
Omitting from subsection (5) the word “injury,”
.
22 Right to compensation restricted if person entitled can claim other compensation or damages
(1)
Section 45b of the principal Act (as inserted by section 15 of the Civil Defence Amendment Act 1968) is hereby amended by repealing subsection (1).
(2)
The said section 45b of the principal Act is hereby further amended by omitting from subsection (2) the words “the Workers’ Compensation Act 1956”
, and substituting the words “section 110 or section 121(2)(b) of the Accident Compensation Act 1972”
.
(3)
The said section 45b is hereby amended by repealing paragraph (a) of subsection (4), and substituting the following paragraph:
“(a)
In the case of a claim under section 110 or section 121(2)(b) of the Accident Compensation Act 1972, between compensation under either of those sections in respect of matters for which compensation under section 45a of this Act would have been payable if this section had not been enacted, and compensation under either of the said sections of the Accident Compensation Act 1972 in respect of other matters; or”.
(4)
The said section 45b is hereby further amended by repealing subsection (5).
23 Protection from liability
(1)
Section 47(3) of the principal Act is hereby repealed.
(2)
Section 16(4) of the Civil Defence Amendment Act 1968 is hereby consequentially repealed.
24 Savings
Notwithstanding sections 20 to 23 of this Act, if any person suffered death or bodily injury, or any loss of or damage to any personal property, while engaged in carrying out any civil defence work or participating in civil defence training at any time before the 1st day of April 1974 (being the date on which section 63 and Part VI of the Accident Compensation Act 1972 came into force), that person or, as the case may require, his dependants shall have the same rights—
(a)
To receive compensation under the principal Act, or under the Workers’ Compensation Act 1956, or otherwise howsoever; and
(b)
To receive a pension or other benefit under the War Pensions Act 1954, or under the Social Security Act 1964, or otherwise howsoever—
(if any) as he or they would have had if sections 20 to 23 of this Act had not been enacted.
25 Requisitioning powers
(1)
Section 48(1) of the principal Act is hereby amended by omitting the words “vehicle, horse, boat, apparatus, implement, earth-moving equipment, construction equipment, or other equipment of any kind whatsoever (hereinafter in this section referred to as requisitioned property)”
(as substituted by section 15(a) of the Civil Defence Amendment Act 1965), and substituting the words “land, building, vehicle, horse, boat, apparatus, implement, earth-moving equipment, construction materials or equipment, furniture, bedding, food, medicines and medical supplies, or any other equipment, materials, or supplies (in this section referred to as requisitioned property)”
.
(2)
Section 15(a) of the Civil Defence Amendment Act 1965 is hereby consequentially repealed.
This Act is administered in the Department of Internal Affairs.
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Civil Defence Amendment Act 1975
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