State of Emergency gives extensive powers

By declaring a State of Emergency in Hastings District mayor Lawrence Yule invokes wide powers. He is pictured at the public declaration with civil defence controller Mike Maguire.

Declaring a State of Emergency gives local authorities extra-ordinary powers to respond under the Civil Defence Emergency Management Act 2002.

Failure to comply could result in imprisonment for up to three months and a $5000 fine. A company can be fined up to $50,000.

In Hawke's Bay the authority to declare a State of Emergency resides with any member of the Hawke's Bay Region Civil Defence and Emergency Management Group ( CDEM).

CDEM is a partnership between Hastings District Council, Central Hawke's Bay District Council, Wairoa District Council, Napier City Council and Hawke's Bay Regional Council.
Its members are the respective mayors and regional council chairman.

Police, and non-police given the authority, may direct the evacuation and exclude people and vehicles from any place.

A state of emergency will expire after seven days after it comes in to force, unless extended or cancelled.

The Act gives powers including the right to gain entry to private premises, requisition property, prohibit or regulate land, air and water traffic, to clear roads and other public places, remove/secure/dispose structures, set up first aid and relief posts and conserve and supply food, fuel and essential supplies.

Any person acting under the authority of CDEM "may examine, mark, seize, sample, secure, disinfect, or destroy any property, animal, or any other thing in order to prevent or limit the extent of the emergency".

They have authority to direct any person to stop any activity that may contribute to an emergency and request any person to take any action to prevent or limit the extent of the emergency.

If a direction is considered unreasonable an appeal to District Court can be made.

Hawke's Bay's last State of Emergency was declared by Central Hawke's Bay District Council in 2011 following extensive coastal floods and slips.

The current state of emergency was declared by Hastings District Council due to several Hastings District fires in dry conditions and strong wind stretching resources.

Hawke's Bay Regional Council communications manager Drew Broadley said he was one of about 40 people manning the Group Emergency Co-ordination centre in Hastings, the majority Hastings District Council staff.