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Civil Defence Emergency Management Act 2002

Civil defence emergency management planning and civil defence emergency management duties - Duties of lifeline utilities

61: Schedule 1 may be amended by Order in Council

You could also call this:

"The Government can change Schedule 1 to keep people safe"

The Governor-General can change Schedule 1 by Order in Council. You can think of the Governor-General as a representative of the Queen in New Zealand. The Minister will recommend these changes. The Minister can ask to add or remove the name of an entity, like a company, from Part A of Schedule 1. They can also ask to change the name of an entity or add a description of a class of business to Part B of Schedule 1.

The Minister must be careful when recommending changes to Schedule 1. They must make sure the entity or business provides a service that is important for people's safety. If the service is not available, it could be a hazard. The Minister can also ask to change or remove descriptions of classes of business from Part B of Schedule 1.

When the Governor-General makes an Order in Council to change Schedule 1, it is called secondary legislation. You can learn more about secondary legislation in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150766.

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60: Duties of lifeline utilities, or

"Lifeline utilities must plan to keep working during emergencies and help with emergency planning and advice."

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Part 3Civil defence emergency management planning and civil defence emergency management duties
Duties of lifeline utilities

61Schedule 1 may be amended by Order in Council

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister,—

  2. add the name of an entity or description of an entity to Part A of Schedule 1; or
    1. omit the name of an entity or description of an entity from Part A of Schedule 1; or
      1. amend the name of an entity or the description of an entity in Part A of Schedule 1; or
        1. add a description of a class of business to Part B of Schedule 1; or
          1. omit a description of a class of business from Part B of Schedule 1; or
            1. amend the description of a class of business in Part B of Schedule 1; or
              1. otherwise amend Schedule 1 or revoke Schedule 1 or a part of the schedule, and substitute a new schedule or a new part, as the case may require.

                1. The Minister must not recommend the addition of the name of an entity or description of an entity to Part A of Schedule 1 unless the Minister is satisfied that the entity operates a service or system the reduced availability, or non-availability, of which would constitute a hazard.

                2. The Minister must not recommend the addition of a description of a class of business to Part B of Schedule 1 unless the Minister is satisfied that the business provides a service or system the reduced availability, or non-availability, of which would constitute a hazard.

                3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 61(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).