Civil Defence Emergency Management Act 2002

Declaration of state of emergency - General provisions applying to declaration of state of national emergency or state of local emergency

71: Extension of duration of state of emergency

You could also call this:

"The government can extend a state of emergency for another 7 days if it's about to end."

If a state of national emergency is about to end, the Minister can extend it by making a declaration. You can think of a declaration like an official announcement. If a state of local emergency is about to end, someone who is allowed to make decisions for that area can extend it by making a declaration.

When the Minister or the decision maker extends a state of emergency, it starts right before the original one would have ended, according to what is said in section 70(3). If it was extended before, the new extension starts right before the previous one would have ended.

An extension of a state of emergency lasts for 7 days after it starts. This means it ends 7 days after the time it began. For example, if an extension starts at 3 pm on Monday, it will end at 3 pm the following Monday. You can find more information about ending a state of emergency in section 72.

The law allows a state of emergency to be extended more than once, or it can be ended according to section 72.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150783.


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Part 4Declaration of state of emergency
General provisions applying to declaration of state of national emergency or state of local emergency

71Extension of duration of state of emergency

  1. Before a state of national emergency expires, the Minister may, by declaration, extend the state of national emergency.

  2. Before a state of local emergency expires, a person authorised to declare a state of local emergency for an area may, by declaration, extend the state of local emergency.

  3. An extension of a state of emergency comes into force—

  4. immediately before the state of emergency would have expired under section 70(3); or
    1. if the state of emergency was previously extended under this section, immediately before that extension would have expired under subsection (4).
      1. An extension of a state of emergency expires 7 days after the time and date on which the extension of the state of emergency comes into force.

      2. Nothing in this section prevents—

      3. the further extension of a state of emergency that has been extended under this section; or
        1. the termination of a state of emergency under section 72.
          1. For the purposes of this section, 7 days after the time and date on which the extension of the state of emergency comes into force means a period that—

          2. begins immediately after the time of the day on which the extension comes into force; and
            1. ends immediately before the same time of the day on the date that is 7 days after the day on which the extension comes into force.
              Notes
              • Section 71: replaced, on , by section 8 of the Civil Defence Emergency Management Amendment Act 2012 (2012 No 6).