Civil Defence Emergency Management Act 2002

Transition periods

94D: Extension of transition periods

You could also call this:

"The Minister can extend the time to help people recover from an emergency if it's needed."

The Minister can extend a national transition period before it ends if they think it is required. You need to know that the Minister makes this decision based on what is best for the people affected by the emergency. The Minister considers whether it is in the public interest and necessary for a timely and effective recovery.

When deciding whether to extend a transition period, the Minister thinks about the areas affected by the emergency and whether the people in charge can handle the recovery activities. The Minister also talks to the people in charge of the affected areas and considers their comments before making a decision, unless it is an emergency or not practical to do so.

If the Minister extends a national transition period, it starts immediately and lasts for 90 days, unless it is terminated earlier. A local transition period can also be extended, and it lasts for 28 days, unless it is terminated earlier. You can have multiple extensions of a transition period. If the Minister extends a national transition period, they tell the House of Representatives as soon as possible. If a local transition period is extended a third or more time, the person who extended it must tell the Minister and the Minister advises the House of Representatives, as stated in section 94F(4).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7053573.


Previous

94C: Commencement and duration of transition periods, or

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


Next

94E: Termination of transition periods, or

"When emergencies end, the government can stop special rules by giving notice"

Part 5ATransition periods

94DExtension of transition periods

  1. Before a national transition period ends, the Minister may by notice extend the national transition period if it appears to the Minister that the extension is required.

  2. Before a local transition period ends, the person who gave notice of that local transition period (or another person, including the Minister, authorised to give that notice) may by notice extend the local transition period if it appears to the person that the extension is required.

  3. In deciding whether an extension of a transition period is required,—

  4. the Minister or other person must have regard to the areas, districts, or wards affected by the emergency; and
    1. the Minister or other person must be satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is—
      1. in the public interest; and
        1. necessary or desirable to ensure a timely and effective recovery.
        2. In deciding whether an extension is required, 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.

        3. Before giving notice under subsection (2), 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—

        4. it is impracticable in the circumstances; or
          1. in the opinion of the Minister, the urgency of the situation requires the notice of extension to be given immediately.
            1. An extension of a transition period comes into force immediately before the end of the transition period that is extended and ends,—

            2. in the case of a national transition period, 90 days after the time and date on which the extension comes into force, unless terminated earlier; or
              1. in the case of a local transition period, 28 days after the time and date on which the extension comes into force, unless terminated earlier.
                1. A transition period may be extended more than once.

                2. If the Minister extends a national transition period, the Minister must advise the House of Representatives as soon as practicable.

                3. If a local transition period is extended a third or further time,—

                4. the person (other than the Minister) who extends the period must give the Minister a copy of the notice at the same time as notifying the public of that extension under section 94F(4); and
                  1. the Minister must advise the House of Representatives as soon as practicable.
                    Notes
                    • Section 94D: inserted, at 9.59 pm on , by section 27 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).