Part 3Civil defence emergency management planning and civil defence emergency management duties
National civil defence emergency management plan
41Notification of proposed national civil defence emergency management plan
The Minister must not recommend to the Governor-General the making of a national civil defence emergency management plan unless the Minister—
- has made copies of the proposed plan available for inspection at the office of the Director, free of charge, for a reasonable period; and
- has stated where copies of the proposed plan are available for purchase; and
- has made copies of the proposed plan available, free of charge, on an Internet site maintained by or on behalf of the Director, except any part of the proposed plan where making it available in this manner would infringe copyright; and
- has publicly notified the proposed plan by—
- publishing a notice in the Gazette; and
- publishing a notice in 1 or more daily newspapers circulating in the major metropolitan areas; and
- giving any other notification that the Minister considers appropriate, having regard to the persons likely to have an interest in the proposal; and
- publishing a notice in the Gazette; and
- has presented the proposed plan to the House of Representatives at least 90 days before making the recommendation.
Every notice under this section must include—
- a description of the proposed plan:
- a statement that submissions on the proposed plan may be made in writing to the Minister by any person:
- a closing date for submissions (which must not be earlier than 40 working days after the notification under this section):
- a statement that every submission should state—
- those aspects of the proposed plan that the submission supports; and
- those aspects of the proposed plan that the submission opposes; and
- the reasons for the support and opposition identified; and
- any specific alternatives to the proposed plan that the person making the submission wishes to recommend:
- those aspects of the proposed plan that the submission supports; and
- a list of places where a copy of the proposed plan may be purchased or inspected:
- an address for submissions.
The Minister may comply with subsection (1)(c) by providing a hypertext link from an Internet site maintained by or on behalf of the responsible department to a copy of the proposed plan that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
For the purposes of subsection (1)(c), the Minister may not rely on section 66 of the Copyright Act 1994 as authority to make available on an Internet site any material that is proposed to be incorporated by reference.
In this section, proposed plan includes material incorporated by reference in the plan under section 40, together with a translation in an official New Zealand language, where that material is not in an official New Zealand language.
Notes
- Section 41: replaced, on , by section 77(3) of the Legislation Act 2012 (2012 No 119).