Civil Defence Emergency Management Act 2002

Transition periods

94B: Notice of local transition period

You could also call this:

"Notice that it's time to start recovering from an emergency"

When a state of emergency is declared, you might hear about a local transition period. This is a time when the focus moves from responding to an emergency to recovering from it. A person authorised under section 25(1)(b) or someone else with the right authority can give notice of a local transition period.

If an emergency happens and a state of emergency is not declared, a person with the right authority can still give notice of a local transition period, but they need the Minister's approval. The Minister can also give notice of a local transition period if they think it is needed. You need to be satisfied that giving notice of a local transition period is in the public interest and necessary for a timely and effective recovery.

In deciding whether a local transition period is required, the Minister or the authorised person looks at the areas affected by the emergency. They consider whether the focus is moving from response to recovery, and if a state of emergency is about to end. The Minister also thinks about the ability of the local authorities to carry out recovery activities.

Before giving notice, the Minister usually seeks comment from the affected groups and local authorities, unless it is not practical or the situation is urgent. If a local transition period is already in place for a district or ward, and a new one is given for the whole area, the old one stops. A further notice of a local transition period can be given for another district or ward if its resources are needed to help the first area.

If someone gives notice of a local transition period, it is assumed they have the authority to do so, unless proven otherwise. However, a local transition period cannot be given if a national transition period is already in place for the same area. Some parts of this section will be repealed when the COVID-19 Public Health Response Act 2020 is repealed.

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94A: Minister may give notice of national transition period, or

"Minister can start a national recovery period to help New Zealand bounce back from an emergency"


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94C: Commencement and duration of transition periods, or

"When emergencies end, a transition period starts to help things get back to normal"

Part 5ATransition periods

94BNotice of local transition period

  1. A person who is authorised to give notice of a local transition period by being appointed for the purpose under section 25(1)(b) or otherwise authorised by section 25(4) or (5) may, after a state of emergency has been declared for the area of the Civil Defence Emergency Management Group concerned, give notice of a local transition period for the area of the Civil Defence Emergency Management Group concerned, or for 1 or more districts or wards within the area, if it appears to the person that a local transition period is required.

  2. After an emergency arises, for which a state of emergency has not been declared, a person who is appointed or otherwise authorised under section 25 to give notice of a local transition period may do so in accordance with subsection (1) with the approval of the Minister.

  3. After a state of emergency has been declared for the area of a Civil Defence Emergency Management Group, or after an emergency arises for which a state of emergency has not been declared, the Minister may give notice of a local transition period for the area or for 1 or more districts or wards within the area if—

  4. it appears to the Minister that a local transition period is required for the whole or any part of the area; and
    1. notice of a local transition period has not been given under subsection (1).
      1. Without limiting subsections (1) to (3), the Minister or the appointed or otherwise authorised person must not give notice of a local transition period unless satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is—

      2. in the public interest; and
        1. necessary or desirable to ensure a timely and effective recovery.
          1. In deciding whether a local transition period is required, the Minister or the appointed or otherwise authorised person must have regard to—

          2. the areas, districts, or wards affected by the emergency; and
            1. whether the focus of activities in any area, district, or ward is moving from response to recovery, including whether a state of emergency is about to expire or be terminated.
              1. The Minister must also have regard to the capacity of any Civil Defence Emergency Management Group and any local authority in any area, district, or ward affected by the emergency to carry out recovery activities.

              2. Before giving notice under subsection (3), the Minister must, in a manner the Minister considers appropriate, seek and consider comment from any affected Civil Defence Emergency Management Group and the Mayor of any affected local authority, unless—

              3. it is impracticable in the circumstances; or
                1. in the opinion of the Minister, the urgency of the situation requires the notice of transition to be given immediately.
                  1. If notice of a local transition period is given under this section over—

                  2. the whole area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more districts or wards within the area ceases to have effect:
                    1. a district within the area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more wards within the district ceases to have effect.
                      1. After notice of a local transition period has been given for an area (the first area) in accordance with subsections (1) to (3), a further notice of a local transition period may be given, in accordance with those subsections, for another district or ward in the area of the relevant Civil Defence Emergency Management Group that is not affected by an emergency if it appears to the person giving notice that the resources of that other district or ward are needed to assist the first area.

                      2. The fact that a person purporting to be authorised under section 25 gives notice of a local transition period is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so.

                      3. However, nothing in this section authorises notice of a local transition period to be given for any part of New Zealand while a national transition period is in force for that part.

                      4. Repealed
                      5. Repealed
                      6. Subsections (12) and (13) are repealed when the COVID-19 Public Health Response Act 2020 is repealed.

                      Notes
                      • Section 94B: inserted, at 9.59 pm on , by section 27 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                      • Section 94B(12): repealed, on , by section 94B(14).
                      • Section 94B(13): repealed, on , by section 94B(14).
                      • Section 94B(14): inserted, on , by section 38 of the COVID-19 Public Health Response Act 2020 (2020 No 12).