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Civil Defence Emergency Management Act 2002

Powers in relation to transition periods

94G: Application

You could also call this:

"When New Zealand is recovering from an emergency, this part of the law applies to help things get back to normal."

This Part of the law applies when a transition period is in force. You need to know that a transition period is a time when New Zealand is recovering from an emergency. If a transition period is in force, some other parts of the law, like Part 5, also apply, but only the parts that are not just for when there is a state of emergency.

A Recovery Manager has special powers during a transition period, but they can only use these powers in the areas they are responsible for. The Recovery Manager can use these powers if they think it is in the public interest, necessary for a good recovery, and fair in the circumstances.

A constable also has special powers during a transition period, and they can use these powers if they think it is in the public interest, necessary for a good recovery, and fair in the circumstances.

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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=DLM7053584.

Topics:
Government and voting > Emergency management
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94H: General transition period powers, or

"Powers to help keep you safe during an emergency"

Part 5BPowers in relation to transition periods

94GApplication

  1. This Part applies if a transition period is in force.

  2. In addition, Part 5 (other than those provisions that apply only during a state of emergency) applies if a transition period is in force.

  3. A Recovery Manager may exercise the powers conferred on Recovery Managers under this Part if the exercise of the powers—

  4. is in respect of those areas, districts, or wards for which the Recovery Manager is responsible; and
    1. is, in the opinion of the Recovery Manager,—
      1. in the public interest; and
        1. necessary or desirable to ensure a timely and effective recovery; and
          1. proportionate in the circumstances.

          2. A constable may exercise the powers conferred on constables under this Part if the exercise of the powers is, in the opinion of the constable,—

          3. in the public interest; and
            1. necessary or desirable to ensure a timely and effective recovery; and
              1. proportionate in the circumstances.

                Notes
                • Section 94G: inserted, at 9.59 pm on , by section 27 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).