Civil Defence Emergency Management Act 2002

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75 Power of Director to act on default by others
  • (1) If a Civil Defence Emergency Management Group or person (other than the Minister) fails to commence or to complete the performance of a function or duty under this Act within the time that the Director considers reasonable, the Director may commence and complete the performance of the function or duty.

    (2) For the purposes of this section, the Director may employ any officers, employees, contractors, and others that may be necessary.

    (3) Subject to subsections (4) to (6), if work is done or a function or duty is exercised or performed by or on behalf of the Director under this section, it must be treated for all purposes as having been done, exercised, or performed, as the case may be, by the Civil Defence Emergency Management Group or person responsible for performing the function or duty.

    (4) All expenses incurred by the Director under this section must be paid in the first instance out of public money.

    (5) Public money so paid, together with reasonable costs for administration, is recoverable as a debt due to the Crown from the Civil Defence Emergency Management Group or person responsible for performing the function or duty, or may be deducted from any money payable by the Crown to that debtor.

    (6) All money recovered from a debtor under this section, or deducted under subsection (5), must be paid into a Crown Bank Account or a departmental bank account.

    (7) Nothing in this section limits the powers of the Minister under section 29.

    Compare: 1956 No 65 s 123

    Section 75(6): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).