Civil Defence Emergency Management Act 2002: Ambiguities and the private sector

This papers reviews the Civil Defence Emergency Management Act 2002 and the regime it establishes. Although this regime works well most of the time, there are four key areas that need addressing. Incidents such as the 2013 Seddon earthquakes have highlighted the uncertainty around the definitional threshold of an emergency and requirements for a state of emergency. Further, the powers of emergency management actors are not clear. The paper also explores the actual and potential obligations and liability of the private sector. Five recommendations are ultimately made to address these issues.