Civil Defence Emergency Management Act 2002

Civil defence emergency management planning and civil defence emergency management duties - National civil defence emergency management plan

41: Notification of proposed national civil defence emergency management plan

You could also call this:

"Telling people about the proposed national emergency plan"

Illustration for Civil Defence Emergency Management Act 2002

The Minister wants to make a national civil defence emergency management plan. You need to know what this plan is about. The Minister must make the plan available for you to see before it is made official. The Minister will put the plan on the internet for free, except for parts that are copyrighted. The Minister will also tell you where you can buy a copy of the plan or look at it for free. The Minister will put a notice in the Gazette and in newspapers to let you know about the plan. The Minister will also present the plan to the House of Representatives at least 90 days before making it official. When the Minister tells you about the plan, they must include what the plan is about, how you can make a submission, and where you can find the plan. You can make a submission on the plan by writing to the Minister, and you must say what you like and dislike about the plan, and why. The Minister might put a link on the internet to the plan, instead of putting the whole plan on the internet. If the plan includes material that is not in an official New Zealand language, the Minister must also provide a translation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150741.


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40: Incorporation by reference, or

"Using information from other sources in emergency plans"


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42: National civil defence emergency management plan must not be inconsistent with national civil defence emergency management strategy, or

"The emergency plan must match the overall emergency strategy."

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

  1. The Minister must not recommend to the Governor-General the making of a national civil defence emergency management plan unless the Minister—

  2. has made copies of the proposed plan available for inspection at the office of the Director, free of charge, for a reasonable period; and
    1. has stated where copies of the proposed plan are available for purchase; and
      1. 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
        1. has publicly notified the proposed plan by—
          1. publishing a notice in the Gazette; and
            1. publishing a notice in 1 or more daily newspapers circulating in the major metropolitan areas; and
              1. giving any other notification that the Minister considers appropriate, having regard to the persons likely to have an interest in the proposal; and
              2. has presented the proposed plan to the House of Representatives at least 90 days before making the recommendation.
                1. Every notice under this section must include—

                2. a description of the proposed plan:
                  1. a statement that submissions on the proposed plan may be made in writing to the Minister by any person:
                    1. a closing date for submissions (which must not be earlier than 40 working days after the notification under this section):
                      1. a statement that every submission should state—
                        1. those aspects of the proposed plan that the submission supports; and
                          1. those aspects of the proposed plan that the submission opposes; and
                            1. the reasons for the support and opposition identified; and
                              1. any specific alternatives to the proposed plan that the person making the submission wishes to recommend:
                              2. a list of places where a copy of the proposed plan may be purchased or inspected:
                                1. an address for submissions.
                                  1. 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.

                                  2. 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.

                                  3. 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).