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Public Emergency Act 1979

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

PUBLIC EMERGENCY ACT 1979

1979/51 – 31 January 1980

1 Short title
2 Issue of Proclamations of Emergency
3 Emergency regulations
4 Special provisions applicable pending issue of Proclamation of Emergency
5 Protection of persons acting under authority of this Act

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To make provision for the protection of the community in cases of emergency

1 Short title

This is the Public Emergency Act 1979.

2 Issue of Proclamation of Emergency

(1) Cabinet may by Proclamation of Emergency declare that a state of emergency exists throughout Niue or, throughout any area or areas that may be specified in the Proclamation if any time it appears to Cabinet that –

(a) Certain action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light or with the means of locomotion, to deprive the community of the essentials of life; or

(b) Circumstances exist or are likely to come into existence, whereby the public safety or public order is or is likely to be imperilled.

(2) No such Proclamation shall be in force for more than one month, without prejudice to the issue of another Proclamation at or before the end of that period.

(3) Where a Proclamation of Emergency has been made, it shall be communicated to the Assembly at its next meeting.

3 Emergency regulations

(1) Where a Proclamation of Emergency is in force, and so long as the Proclamation is in force, Cabinet may make such regulations as it thinks necessary for the following purposes –

(a) The prohibition of any acts which in its opinion would be injurious to the public safety; and

(b) The conservation of public safety and order, and

(c) Securing the essentials of life to the community.

(2) Without limiting the generality of the authority conferred by subsection (1), any regulations as aforesaid may confer or impose on a responsible Minister or any Department of State, or on any persons in the service of the Crown or acting on behalf of the Crown, such powers and duties as Cabinet deems necessary for –

(a) The preservation of peace and order;

(b) Securing and regulating the supply and distribution of food, water, fuel, light and other necessities;

(c) Maintaining the means of transit, transport or locomotion; and

(d) Any other purposes essential to the maintenance of public safety, order and the life of the community.

(3) Cabinet may make such provisions incidental to the powers aforesaid as may be required for making the exercise of those powers effective.

(4) Any regulations made under the authority of this section may apply throughout Niue, notwithstanding that a Proclamation of Emergency may have been issued only in respect of a limited area or of limited areas, or may, according to the tenor of such regulations, apply only within the area or areas specified or defined in the Proclamation of Emergency.

(5) Any regulations so made shall be laid before the Assembly as soon as they are made, and shall not continue in force after the expiration of 14 days from the time they are laid before the Assembly unless a resolution is passed by the Assembly providing for their continuance.

(6)

(a) Every person who commits, or attempts to commit any act with intent to commit, or counsels, procures, aids, abets, or incites any other person to commit, or conspires with any other person (whether in Niue or elsewhere) to commit, any offence against any such regulation shall be liable on conviction before the Court to imprisonment for a term of 3 months or a fine of 2 penalty units or both such imprisonment and fine, together with the forfeiture of any goods or money in respect of which the offence has been committed.

(b) In any prosecution for any such offence the Court may admit such evidence as it thinks fit, whether such evidence would be admissible in other proceedings or not.

(7)

(a) The regulations so made shall have effect as if enacted, in this Act, but may be added to, altered, or revoked by resolution of the Assembly or by regulations made in the like manner and subject to the like provisions as the originals.

(b) All regulations made under this section and not earlier revoked shall expire on the expiration of the Proclamation of Emergency by virtue of which they were made, but may be revived either in whole or in part by any subsequent Proclamation of Emergency.

(8) The expiry or revocation of any regulations so made shall not be deemed to have affected their previous operation or the validity of any action taken under them or any penalty or punishment incurred in respect of any contravention or failure to comply with them or any proceeding or remedy in respect of any such punishment or penalty.

(9) No regulations under this Act shall be deemed invalid because they deal with any matter already provided for by any Act or because of any repugnancy to any such Act.

(10) Nothing in this Act or in any regulation under this Act shall be so construed or shall so operate as to take away or restrict the liability of any person for any offence punishable independently of this Act.

4 Special provisions applicable pending issue of Proclamation

(1)

(a) In any case of public emergency, whether arising from earthquake, fire, flood, public disorder, or otherwise howsoever, in which, owing to the suddenness of the occurrence, the interruption of communications, or any other cause, sections 1 to 3 cannot be put into operation immediately, the senior officer of the Police present in the locality shall assume responsibility for the issuing of all orders and instructions necessary in his opinion for the preservation of life, the protection of property, and the maintenance of order.

(b) The authority conferred by this section shall cease on the issue of a Proclamation of Emergency under section 2.

(2) Every person who obstructs or interferes with any constable or other person in the execution of any orders or instructions given by or with the authority of the senior officer of the Police as aforesaid commits an offence and shall be liable to the same penalty as if he had committed an offence against regulations made under the authority of section 3.

5 Protection of person acting under authority of this Act

No action, claim, or demand whatsoever shall be made or allowed by or in favour of any officer or person acting in the execution or intended execution of this Act or of any regulations under it, for or in respect of any damage, loss or injury sustained or alleged to have been sustained by reason of anything done or purporting to be done under the authority of this Act or of regulations as aforesaid, save only in respect of reasonable compensation for any property used or taken for or on behalf of the Crown under any powers conferred by this Act or by regulations under this Act.