Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
330AA: Modification of requirements in section 330A for activities undertaken in affected areas
or “Changes to rules for emergency activities in storm-affected areas give people more time to report what they did and ask for permission”
You could also call this:

“Special rules for emergency actions during a crisis or recovery period”

When someone uses emergency powers during a state of emergency or transition period under the Civil Defence Emergency Management Act 2002, they don’t have to follow some usual rules. These rules are in sections 9, 12, 13, 14, and 15 of the Resource Management Act. This applies to activities they do to fix or reduce the bad effects of the emergency.

If someone does one of these emergency activities, they need to tell the right consent authority within 7 days that they did it.

If the activity would normally break the rules in sections 9, 12, 13, 14, and 15, and its effects are still happening, the person who allowed it must apply for any needed resource consents. They have to do this within 60 working days of telling the consent authority about the activity.

If they apply for the consents in time, they can keep doing the activity until a final decision is made on the application and any appeals.

You won’t get in trouble under section 338(1)(a) if you follow these rules for emergency activities.

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 It might be out of date or be missing some parts.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

Next up: 330C: Modification of requirements in section 330B for activities undertaken in affected areas

or “Special rules give people more time to report and get permission for emergency work in storm-affected areas”
Next

Part 12 Declarations, enforcement, and ancillary powers
Emergency works

330BEmergency works under Civil Defence Emergency Management Act 2002

  1. If any activity is undertaken by any person exercising emergency powers during a state of emergency declared, or transition period notified, under the Civil Defence Emergency Management Act 2002, the provisions of sections 9, 12, 13, 14, and 15 do not apply to any activity undertaken by or on behalf of that person to remove the cause of, or mitigate any actual or adverse effect of, the emergency.

  2. If an activity is undertaken to which subsection (1) applies, the person who authorised the activity must advise the appropriate consent authority, within 7 days, that the activity has been undertaken.

  3. If such an activity, but for this section, would contravene any of sections 9, 12, 13, 14, and 15 and the adverse effects of the activity continue, the person who authorised the activity must apply in writing to the appropriate consent authority for any necessary resource consents required in respect of the activity, within 60 working days of the notification under subsection (2).

  4. If the application is made within the time stated in subsection (3), the activity may continue until the application for a resource consent and any appeals have been finally determined.

  5. A person does not commit an offence under section 338(1)(a) by acting in accordance with this section.

Notes
  • Section 330B: inserted, on , by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
  • Section 330B(1): amended, at 9.59 pm on , by section 42 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 330B(3): amended, on , by section 89 of the Resource Management Amendment Act 2020 (2020 No 30).