Part 5ATransition periods
94DExtension of transition periods
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.
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.
In deciding whether an extension of a transition period is required,—
- the Minister or other person must have regard to the areas, districts, or wards affected by the emergency; and
- the Minister or other person must be 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 the public interest; and
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.
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—
- it is impracticable in the circumstances; or
- in the opinion of the Minister, the urgency of the situation requires the notice of extension to be given immediately.
An extension of a transition period comes into force immediately before the end of the transition period that is extended and ends,—
- 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
- 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.
A transition period may be extended more than once.
If the Minister extends a national transition period, the Minister must advise the House of Representatives as soon as practicable.
If a local transition period is extended a third or further time,—
- 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
- 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).