The definition of “area” has been clarified in the Amendment Act and,
in relation to a Civil Defence Emergency Management Group,—
(a) means all the districts of the local authorities that are members of the Group; and
(b) extends to—
(i) the landward boundary of the territorial authorities in the Group; and
(ii) the seaward boundary of the regions of regional councils or unitary authorities in the Group
It is assumed that the district and regional council boundaries as gazetted under the Local Government Act 2002 will apply.
Section 49 (Proposed plan to be sent to Minister) has been amended. There is now a specific requirement that the CDEM Group 'must have regard to any comments made by the Minister [of Civil Defence]’
What does 'have regard to’ mean?
It is a term commonly used in legislation. Generally, to meet the test will require the CDEM Groups to give those matters raised by the Minister genuine attention and thought. But, the Group is not necessarily required to accept them all.
The CDEM Groups still need to meet other requirements of the Act. Its Group Plan must: state and provide for all the matters listed in section 49(2), not be inconsistent with the national CDEM strategy (section 53(1)), and ‘take account of’ any Director’s Guidelines (section 53(2)).
There are two changes: