98Exemptions from rules

1. The following are exempt from the requirements in rules for acts or omissions in the course of an emergency as described in subsection (2):

2. the New Zealand Defence Force:
3. a Civil Defence Emergency Management Group established under the Civil Defence Emergency Management Act 2002:
4. the New Zealand Police:
5. Fire and Emergency New Zealand:
8. Health New Zealand, as defined in section 4 of the Pae Ora (Healthy Futures) Act 2022.

9. An emergency is,—

10. for the purposes of subsection (1)(a), an emergency relating to—
    1. a threat to New Zealand's interests under section 5 of the Defence Act 1990:
    2. the safety of human life:
    3. the safety of ships or aircraft:
    4. the protection of the environment:
    5. equipment or facilities of high value:
11. for the purposes of subsection (1)(b) to (g), a situation as described in paragraphs (a) and (b) of the definition of emergency in section 4 of the Civil Defence Emergency Management Act 2002.

12. The council may exempt a person from a requirement in a rule, without conditions or on conditions that the council considers appropriate.

13. The council may grant an exemption under subsection (3) only if—

14. the council is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
15. the council is satisfied that 1 or more of the following applies:
    1. the requirement has been substantially complied with and further compliance is unnecessary:
    2. the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
    3. the requirement is clearly unreasonable or inappropriate in the particular case:
    4. events have occurred that make the requirement unnecessary or inappropriate in the particular case.

16. The council may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the council considers appropriate.

17. The council may grant an exemption under subsection (5) only if the council is satisfied that events have occurred that make the requirement unnecessary or inappropriate.

18. Conditions on which the council grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.

19. The council must determine the period of an exemption that the council grants.

20. The council must provide a register that—

21. records, for each exemption granted,—
    1. a description of the exemption; and
    2. the reasons for the exemption; and
    3. the period of the exemption; and
22. is available for the public to read free of charge—
    1. at the council's offices during the council's normal office hours; or
    2. on an Internet site maintained by or on behalf of the council.

23. The following apply to the extension of the period of an exemption:

24. the council may grant an extension of the period; and
25. the extension must be granted before the end of the period; and
26. the extended period becomes the period of the exemption; and
27. the council may exercise the power in paragraph (a) more than once.