Part 5ATransition periods
94BNotice of local transition period
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.
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.
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—
- it appears to the Minister that a local transition period is required for the whole or any part of the area; and
- notice of a local transition period has not been given under subsection (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—
- in the public interest; and
- necessary or desirable to ensure a timely and effective recovery.
In deciding whether a local transition period is required, the Minister or the appointed or otherwise authorised person must have regard to—
- the areas, districts, or wards affected by the emergency; and
- 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.
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.
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—
- it is impracticable in the circumstances; or
- in the opinion of the Minister, the urgency of the situation requires the notice of transition to be given immediately.
If notice of a local transition period is given under this section over—
- 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:
- 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.
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.
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.
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.
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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).