Emergency Powers (urgent action & water shortage directions) Flashcards
What section is “Preventive or emergency action”?
s 330(1)
Exempt from compliance with ss 9, 12-15 RMA for -
•Any person with financial responsibility for public work
•Local authorities/consent authorities
•Network utility operators
•Lifeline utility operators
Under what act can all the organisations from the previous question (crown agencies, network utility, lifeline utility operators, local and consent authorities etc) react to an emergency without complying to the RMA?
s 330 (1 or 1A)
What action may local authorities take under - Extra emergency powers -
s 330(2)?
•Local authorities may
-Without prior notice enter any place &
-Take such action or direct occupier to take action as in immediately necessary and sufficient to remove the cause of, or mitigate the effects of, the emergency
•Local authority may recover costs from person who caused the emergency or didn’t act to mitigate etc & get an enforcement order if required - s 331
What happens once emergency is over under section - s 330A?
•There is no prosecution for person acting with a 330 ( see s 18(2))
•The person (described in 330(1)) who undertook the measures must -
-advise the local authority within 7 days that the action has been taken, and
-Apply for resource consent if the action would otherwise have required consent (20 working days to make the application) and the effects are continuing
Section 330B deals with a state of emergency declared under the Civil Defence and Emergency Management Act 2002, what powers are exercised under these powers?
If any activity is undertaken by any person exercising emergency powers during a state of emergency declared under CDEM
•ss 9, 12-15 RMA don’t apply
•7 days to advise relevant consent authority
•60 days to apply for any necessary resource consents
What section are “Water shortage directions” under?
s 329, breach offences under - s 338(1)
