9 March 2021
Alan Thompson
[FYI request #14326 email]
Reference: OIA-2020/21-0299
Dear Alan Thompson
Official Information Act request relating to the Whaakari Event
Thank you for your Official Information Act 1982 (the Act) request received on 18 December
2020. You requested:
With respect to the Whakaari/White Island disaster response NEMA (DPMC) have previously
advised that they were the Lead Agency at the National level and that Bay of Plenty CD&EM
Group were the Lead Agency at the Local level (in accordance with the National CD
Emergency Plan Order 2015). A Lead Agency is responsible for appointing its Controller to
manage its response. In this disaster then there would have been a National Controller (NEMA)
and a Regional Controller (Bay of Plenty CD&EM Group). The National Plan also states that
responses to emergencies will be based on the NZ Coordinated Incident Management System
(CIMS) framework (ref Clause 115). CIMS (Version 3) further states that “Only one Controller
can be the Lead Controller who directs the overall response to the incident (ref Clause 4.4.2).
“Under the provisions of the Official Information Act I request the following information
with respect to the Whakaari/White Island response:
1. The organisational structure as established by NEMA in accordance with the
CIMS model for their role as Lead Agency for the national response. This should
include each of the liaison representatives of the responding agencies as
specified in the National Plan (ref Clause 124).
2. The daily Incident Action Plans (IAPs) as prepared by the national Incident
Management Team (IMT) and signed off by the National Controller in
accordance with the CIMS framework. These IAPs should identify the daily
Mission, Objectives, Strategy and Tasks for the national response, ie what was
the role and responsibilities of NEMA as the national Lead Agency.
3. Confirm that each agency who responded to Whakaari operated in accordance
with the direction of the National Controller and provide copies of the reports
from each (refer the requirements of Clause 15 of the National Plan).
4. What were the roles and responsibilities with respect to the response that NEMA
(as National Lead Agency) delegated to or were otherwise assigned to the Bay
of Plenty CD&EM Group (as Regional Lead Agency) under NEMA's lead.
5. Confirmation as to the agency or agencies whose representative was the “single
Controller” responsible for the overall response (including the rescue and
recovery operations) in accordance with the CIMS framework (Version 3.)”
I refer to the letter dated 9 February 2021 advising that the timeframe for responding to your
request was extended under section 15A of the Act by 20 working days because it necessitated
Level 4, Bowen House, Parliament Buildings | PO Box 5010 | Wellington 6145 | New Zealand
Tel: +64 4 830 5100 | [email address] | www.civildefence.govt.nz
consultations to be undertaken before a decision could be made on the request. Following this
extension, I am now in a position to respond.
The New Zealand Coordinated Incident Management System (CIMS) 3rd Edition was published
in August 2019 and came into effect on 1 July 2020. Therefore, at the date of the Whaakari
event, (9 December 2019) CIMS 2rd Edition was in operation. However, the National
Emergency Management Agency (NEMA) and the Bay of Plenty Civil Defence Emergency
Management (CDEM) Group (who led the overall response) also drew on the CIMS 3rd Edition.
1. The organisational structure as established by NEMA in accordance with the
CIMS model for their role as Lead Agency for the national response. This should
include each of the liaison representatives of the responding agencies as
specified in the National Plan (ref Clause 124).
A document setting out the organisational structure at the national level does not exist.
However, the organisational structure for the Whaakari event was established in accordance
with CIMS 3rd Edition. The Support Agencies included:
• Customs New Zealand
• Fire and Emergency New Zealand
• Ministry for Primary Industries
• Ministry of Business, Innovation and Employment
• Ministry of Foreign Affairs and Trade
• Ministry of Social Development
• New Zealand Defence Force
• New Zealand Police
• Ministry of Health.
A Strategic Communications function was not established at the national level. Further,
iwi/Māori representation was established by the Bay of Plenty CDEM Group, rather than at the
national level.
2. The daily Incident Action Plans (IAPs) as prepared by the national Incident
Management Team (IMT) and signed off by the National Controller in
accordance with the CIMS framework. These IAPs should identify the daily
Mission, Objectives, Strategy and Tasks for the national response, ie what was
the role and responsibilities of NEMA as the national Lead Agency.
The National Coordination Centre prepared three Action Plans. Daily incident action plans are
not prepared at the national level. The three documents within scope of this part of your
request are set out below:
a) NEMA National Coordination Centre Response Plan Action Plan No: 1
b) NEMA National Coordination Centre Response Plan Action Plan No: 2 (note that
there is an administrative error in this document; the date of issue should read
12/12/2019)
c) NEMA National Coordination Centre Response Plan Action Plan No: 3.
I am releasing the first two documents. Some contact information relating to certain emergency
management functions from these documents is redacted, pursuant to section 6(a) of the Act.
It is important that the availability of these means of communication solely for officials is
preserved. The release of this information would be likely to prejudice the security or defence
of New Zealand or the international relations of the Government of New Zealand.
4336437
2
The third document is a draft Action Plan. It was not finalised as the response activity for the
Whakaari event transitioned to recovery formally on 20 December 2019 and the National
Coordination Centre was deactivated.
Therefore, I am withholding in full document 3 under section 9(2)(g)(i) of the Act to maintain
the effective conduct of public affairs through the free and frank expression of opinions by or
between or to Ministers of the Crown or members of an organisation or officers and employees
of any department or organisation in the course of their duty.
3 Confirm that each agency who responded to Whakaari operated in accordance
with the direction of the National Controller and provide copies of the reports from
each (refer the requirements of Clause 15 of the National Plan).
The National Controller for the event confirms that each agency who responded to the
Whakaari event at the national level operated in accordance with his directions. There are no
documents within scope of this part of your request.
4 What were the roles and responsibilities with respect to the response that NEMA
(as National Lead Agency) delegated to or were otherwise assigned to the Bay of
Plenty CD&EM Group (as Regional Lead Agency) under NEMA's lead.
5 Confirmation as to the agency or agencies whose representative was the “single
Controller” responsible for the overall response (including the rescue and
recovery operations) in accordance with the CIMS framework (Version 3.)”
As advised, for the purpose of interpretation of CIMS 3rd Edition (noting that CIMS 2nd Edition
was still in effect), the Bay of Plenty CDEM Group was the Lead Agency and its Group
Controller was the Lead Controller for the overall response to the Whakaari event. NEMA was
the lead Agency at the national level and coordinated support for the CDEM Group.
Appropriate powers and functions are set out in the Civil Defence Emergency Management
Act 2002 and the National Civil Defence Emergency Management Plan and therefore no
further functions were required to be delegated or otherwise assigned to the Bay of Plenty
CDEM Group.
In making my decisions with respect to your requests, I have considered the public interest
considerations in section 9(1) of the Act.
You have the right to ask the Ombudsman to investigate and review my decision under section
28(3) of the Act.
We do not intend to publish this response on the Department of the Prime Minister and
Cabinet’s website.
Yours sincerely
Carolyn Schwalger
Chief Executive, National Emergency Management Agency
4336437
3
