Mayor's Essential Role in Emergencies: CDEM Act 2002 Guide

2. Your role as Mayor in emergencies and response Section 1 Overview of Civil Defence Emergency Management Act 2002 Section 2 Your role in response and some common pit-falls to avoid Q&A Section 3 Your role in recovery Section 4 Q&A Next steps

3. Civil Defence Emergency Management (CDEM) Act 2002 Let’s look at the definition of an emergency according to your key piece of legislation…

4. CDEM Act 2002 – Emergency Definition emergency means a situation that— (a) is the result of any happening, whether natural or otherwise, including, without limitation, any explosion, earthquake, eruption, tsunami, land movement, flood, storm, tornado, cyclone, serious fire, leakage or spillage of any dangerous gas or substance, technological failure, infestation, plague, epidemic, failure of or disruption to an emergency service or a lifeline utility, or actual or imminent attack or warlike act; and

5. CDEM Act 2002 – Emergency Definition emergency means a situation that— (b) causes or may cause loss of life or injury or illness or distress or in any way endangers the safety of the public or property in New Zealand or any part of New Zealand; and

6. CDEM Act 2002 – Emergency Definition emergency means a situation that— (c) cannot be dealt with by emergency services, or otherwise requires a significant and coordinated response under this Act

7. Civil Defence Emergency Management (CDEM) Act 2002 Let’s look at the definition of an emergency according to your key piece of legislation…

8. Act locally, support regionally, coordinate nationally

10. Controllers • Each CDEM Group must appoint at least one Group Controller • During a state of local emergency the Group Controller directs and co-ordinates the use of the resources made available e.g. people; services • Local controllers may be appointed and delegated powers of Group Controller

11. Your role in an emergency As an elected representative during an emergency: As member of CDEM Group - must respond to and manage the adverse effects of emergencies. As the leader of the Local Authority - must respond to and manage the adverse effects of emergencies. Can declare a state of local emergency (Indirect role) – The local authority has a duty to operate to fullest possible extent after an emergency

12. Do you have to declare?

13. Declaring a state of local emergency Ask yourself: • Does the event meet the definition of ‘emergency’? • Are access to special powers likely to be needed? *You should talk to your local controller to assist with answering these questions. Check with Group appointee in case there is consideration for declaring for the whole CDEM Group area

14. Who can declare? • Mayor, or if absent, elected member designated to act on behalf – only for their district or ward within the district • Person appointed by CDEM Group to declare for its area • If no person appointed by the CDEM Group is or likely to be able to perform this function – any member of the Group may declare See your CDEM Group Plan for your group arrangements

15. Important points declaring • Can declare if emergency has occurred or ‘may occur’ • Talk to your local controller, Group Controller and MCDEM Regional Emergency Management Advisor, consider talking to others e.g. neighbouring mayor

17. Declaring – how to… • Use a prescribed form or form of similar effect • Notify the public – talk to your PIM and discuss the best channels to reach the affected communities

18. Powers during a state of local emergency Emergency Powers of CDEM Groups (works; clearing roads/public places; making safe dangerous structures) – normally delegated to controllers Power of entry to obtain information Evacuation of premises and places Entry on premises Closing roads and public places Removal of aircraft, vessels, vehicles etc Requisitioning powers Power to give Directions Inspections Contracts in urgent cases

19. State of local emergency – roles in response CDEM Group - Local Authority (Mayor as a member) (Mayor as leader of TA) Group Controller Local Controller Persons acting for Local Controller

20. TroubleshootingChallenge

21. Your questions

22. Transition periods • Local transition periods assist recovery • Mayor can give notice for their territorial authority area or part of • Enable use of powers by recovery manager • National, Group or Local Recovery manager exercise powers • More checks and balances to give notice and exercise powers

23. Role of Mayor during local transition period • As member of CDEM Group - must plan and carry out recovery activities. • As the leader of the Territorial Authority - must plan and carry out recovery activities • Can give notice of a local transition period for their territorial authority area or part of • (Indirect role as Mayor) – The territorial authority has a duty to operate to the fullest extent after an emergency • As Mayor you may be the public face of the recovery

24. Transition Period – roles in recovery • CDEM Group - Local Authority • (Mayor as a member) (Mayor as leader of TA)_______________________________________________ • Group Recovery Manager • Local Recovery Manager • Persons acting for Recovery Manger

25. What to consider to give notice of local transition period… • Legal tests • Normally have more time to talk to controllers, recovery manager, council staff • Need to line up timing/actions between state of local emergency and transition periods if want no gap in powers • Local transition period lasts 28 days • Prescribed form or form of similar effect

26. Your questions

27. Next steps • Print out the Top 5 tips card • Complete our challenge and fill out the declaration form! • Meet with your MCDEM Regional Emergency Management Advisor • Speak with your CE, local controller, councillors • Ensure you have media support at hand

28. Thank you