Civil Defence Emergency Management Act 2002

Declaration of state of emergency - Declaration of state of national emergency

66: Minister may declare state of national emergency

You could also call this:

"Minister can declare a national emergency if a big disaster happens in New Zealand"

Illustration for Civil Defence Emergency Management Act 2002

The Minister can declare a state of national emergency in New Zealand or in certain areas if they think an emergency has happened or might happen. You need to know that the Minister will do this if the emergency is very big or severe and the local emergency management teams do not have enough resources to handle it. The Minister has to tell the House of Representatives as soon as possible if a state of national emergency is declared.

If a state of national emergency is declared, any other emergency declarations in the same area will no longer apply. The Minister's declaration is an important decision that affects the whole country or a specific area. You should be aware that the Minister must follow certain rules when making this declaration.

The COVID-19 Public Health Response Act 2020 is a law that is related to this provision, and it will be repealed at some point. When this law is repealed, some parts of the state of national emergency declaration will change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150776.


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Part 4Declaration of state of emergency
Declaration of state of national emergency

66Minister may declare state of national emergency

  1. The Minister may declare that a state of national emergency exists over the whole of New Zealand or any areas or districts if at any time it appears to the Minister that—

  2. an emergency has occurred or may occur; and
    1. the emergency is, or is likely to be, of such extent, magnitude, or severity that the civil defence emergency management necessary or desirable in respect of it is, or is likely to be, beyond the resources of the Civil Defence Emergency Management Groups whose areas may be affected by the emergency.
      1. The Minister must advise the House of Representatives as soon as practicable where a state of national emergency has been declared or extended.

      2. If a declaration of a state of national emergency is made, any other state of emergency then in force in the area to which the state of national emergency applies ceases to have effect.

      3. Repealed
      4. Subsection (4) is repealed when the COVID-19 Public Health Response Act 2020 is repealed.

      Compare
      Notes
      • Section 66(4): repealed, on , by section 66(5).
      • Section 66(5): inserted, on , by section 36 of the COVID-19 Public Health Response Act 2020 (2020 No 12).