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Civil Defence Emergency Management Act 2002

Transition periods

94E: Termination of transition periods

You could also call this:

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

The Minister can end a national transition period by giving notice. You can think of a transition period like a time when special rules are in place to help people during an emergency. If someone gave notice of a local transition period, they can also end it by giving notice. When a notice is given to end a transition period, it ends right away.

Before the Minister gives notice to end a local transition period, they must ask for and think about comments from any affected Civil Defence Emergency Management Group and the Mayor of any affected local authority. However, they do not have to do this if it is not practical or if the situation is very urgent.

A notice to end a transition period must include the time and date it is given, the areas it applies to, and be in a special form prescribed by regulations made under section 115. The person who ends a transition period must tell the public right away and publish the notice in the Gazette as soon as possible.

If a state of emergency is declared over an area where a transition period is in place, the transition period ends without a notice being given. There is also a special rule about the COVID-19 Public Health Response Act 2020 that affects how some of these rules work.

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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=DLM7053574.

Topics:
Government and voting > Emergency management
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94D: Extension of transition periods, or

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

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94F: Content and publication of transition period notices and their extensions, or

"Notices about emergency transition periods: what they must say and where they are published"

Part 5ATransition periods

94ETermination of transition periods

  1. The Minister may by notice terminate a national transition period.

  2. The person who gave notice of a local transition period (or the Minister or another person appointed or otherwise authorised to give that notice) may by notice terminate the local transition period.

  3. A notice terminating a transition period terminates the relevant transition period when given.

  4. 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—

  5. it is impracticable in the circumstances; or
    1. in the opinion of the Minister, the urgency of the situation requires the notice of termination to be given immediately.

      1. A notice terminating a transition period must—

      2. specify the time and date on which it is given; and
        1. specify the areas, districts, or wards to which the transition period applies; and
          1. be in the form prescribed by regulations made under section 115 or a form of similar effect.

            1. A person who terminates a transition period must—

            2. immediately notify the public by any means of communication that are reasonably practicable in the circumstances of the case; and
              1. ensure that the notice of termination is published in the Gazette as soon as practicable after it is given.

                1. If a state of emergency is declared over an area (or any part of an area) to which a transition period applies, the transition period ends without a termination notice being given.

                2. Repealed

                3. Subsection (8) is repealed when the COVID-19 Public Health Response Act 2020 is repealed.

                Notes
                • Section 94E: inserted, at 9.59 pm on , by section 27 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                • Section 94E(8): repealed, on , by section 94E(9).
                • Section 94E(9): inserted, on , by section 39 of the COVID-19 Public Health Response Act 2020 (2020 No 12).