NEW Zealand sits on two tectonic plates within the Pacific ring of fire, resulting in the country’s dramatic natural landscapes while at the same making it prone to a range of natural hazards such as floods, storms, cyclones, snow-storms, earthquakes, volcanic eruptions, geothermal incidents, tsunamis, landslides, and lahar – an English word meaning a destructive mudflow on the slopes of a volcano.

Natural hazards contribute to damage that cost the country millions of dollars annually. According to the Insurance Council of New Zealand, damage caused by severe weather events, including cyclones, fires and flooding exceeded US$640 million (RM30 billion) to insured assets between 2009 and 2019, measured with the number of payment claims for damages (Cost of Natural Disasters, 2019)

Given the incidence of frequent hazards and high exposure to hydro-meteorological – such as cyclones, droughts, flooding as well as landslides – and seismic events, New Zealand is ranked among the most vulnerable countries globally in terms of exposed GDP, and the average cost of hazards and disasters is estimated to reach 1% of the GDP annually (Protecting New Zealand from Natural Hazards: An Insurance Council of New Zealand Perspective on Ensuring New Zealand is Better Protected from Natural Hazards, 2014).

To reduce the adverse effects of natural hazards, there is much research on practices aimed at disaster risk reduction (DRR) in New Zealand. Disaster is an outcome: “a serious disruption of the functioning of a community or a society”, rather than a hazard or event. Risk is “the combination of the probability of an event and its negative consequences”. Consequently, DRR is “preventing new and reducing existing disaster risk and managing residual risk, all of which contribute to strengthening resilience”.

Resilience refers to “the ability of a system, community or society exposed to hazards to resist, absorb, accommodate, adapt to, transform and recover from the effects of a hazard in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions through risk management”.

The application of DRR policies and strategies to enhance disaster resilience is the objective of disaster risk management (DRM), the aim being to “prevent new disaster risk, reduce existing disaster risk, and manage residual risk”. (Report of the open-ended intergovernmental expert working group on indicators and terminology relating to disaster risk reduction, UNDRR 2017)

In simpler words, “DRR is a policy objective: to reduce risk rather than let it grow and accumulate. DRM management is the means to achieve the objective, by addressing the historical, present and emergent drivers of risk”. (Reid Basher, “High Stakes – Disaster Risk in New Zealand” Victoria University of Wellington 2017)

According to the International Federation of Red Cross and Red Crescent Societies, not only policies and plans underpin DRM, but laws as well. All three form the foundation of DRM, protecting and preparing communities all around the world.

Legal gaps in DRR can reduce the resilience of communities to disasters. Without a strong legal framework, critical preparedness activities may be overlooked and authorities can be overwhelmed during response operations. The result is more severe disaster impacts and delays to lifesaving assistance for the people who need it most.

A strong legal framework may also motivate, organise and promote cooperation between government, civil society and the private sector. A weak or ineffective law, on the other hand, can sap public confidence, entrench old ways of thinking and enable a culture of inactivity. They make it even harder for committed individuals to make a difference. (International Disaster Law Project, Centre for Criminal Justice & Human Rights, School of Law, University College Cork and the Irish Red Cross Society 2018)

New Zealand offers a study of how laws support DRR. Known as a country with a well-established tradition of effectively using legislation and policy to help manage DRR, and as a country well-prepared with a sophisticated emergency management system, New Zealand is also known for an ensemble of legislative instruments that aim to provide appropriate policy backing to reduce exposure or limit the impact of disasters. (Horsfall, S et al, “Is health and safety legislation an effective tool for disaster risk reduction? A case study from New Zealand” [2022] 7 International Journal of Disaster Risk Reduction, 102773)

The main legislation is the Civil Defence Emergency Management Act 2002 which creates a framework within which New Zealand can prepare for, deal with, and recover from local, regional and national emergencies. In 2016 the Act was amended to strengthen the legislative framework for recovery to help communities get back on their feet more quickly after an emergency. In 2020, further amendments were made to ensure a nationally consistent approach to the response to, and management of risks arising from Covid-19, and to better deal with concurrent emergencies.

And when amendments to strengthen existing law are not enough, New Zealand drafts a new legislation, building on the existing law while making changes to improve the performance of the emergency management system, and modernising the current legislative and regulatory framework.

The new legislation can be seen in the Emergency Management Bill 2023 which, when passed, will create the new legal framework within which New Zealand can prepare for, deal with, and recover from local, regional and national emergencies.

What about Malaysia?

Malaysia too is often affected by disasters such as floods, landslides, haze as well as some rare cases of earthquake and tsunami. By far, floods are the most frequently occurring disaster, and the country is experiencing more extreme weather that brings heavy rainfall leading to floods. Annually, floods are responsible for a significant number of human lives lost, disease epidemics, property and crop damage, and other losses.

From 1998 through 2018, floods comprised 38 of the 51 (75%) natural disasters Malaysia experienced — considerably more than the global average of 43%. During that time, floods affected more than 770,000 people, killed 148 people, and caused RM5.82 billion in damage. Floods contributed to around 70% of Malaysia’s disaster damage and caused over half of the total deaths from natural disasters during that period. (Malaysia: Disaster Management Reference Handbook 2022)

Climate-related natural disasters reportedly cost Malaysia RM8 billion in the last 20 years.

There is also much research on DRR in Malaysia. A review of literature indicates that a good DRM plan and well-coordinated efforts and commitment among related disaster   management agencies at all levels and local stakeholders, would potentially lead to disaster risk reductions, increased preparedness and response, and reduction of damage to assets and loss of life. (Noraini Omar Chong and Khairul Hisyam Kamarudin, “Disaster Risk Management in Malaysia: Issues and Challenges from the Perspective of Agencies” [2016] 16 Journal of the Malaysian Institute of Planners, 105)

A framework – an integrated disaster risk assessment framework to measure disaster risk at the local administrative boundaries in Malaysia – has also been proposed which “can enhance government effort for disaster risk reduction by implementing an integrated disaster risk framework and guiding decision makers to properly evaluate and analyse risk for mitigation, preparedness, and planning”. (Muhammad Wafiy Adli Ramli et al, “Development of a Local, Integrated Disaster Risk Assessment Framework for Malaysia” [2021] 13 Sustainability, 10792)

Despite the heightened awareness of DRR it has not, with the greatest of respect, considered all aspects of disaster management in the country, particularly the law. There is almost an absence of reviews of the law relating to DRR and DRM.

It is like the law does not matter, that the law is not a solution but a problem.

So here’s a New Year wish: May the country enact a law on emergency management so as to create a legal framework within which it can prepare for, deal with, and recover from emergencies – local, national and regional. – December 30, 2023.

* Hafiz Hassan reads The Malaysian Insight.