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Emergency Management Bill (No 2)

Emergency management system role-holders - Other parties - Essential infrastructure providers

76: Minister may exempt essential infrastructure provider

You could also call this:

"The Minister can choose to exempt some essential services from following parts of this law."

Illustration for Emergency Management Bill (No 2)

The Minister can choose to exempt some essential infrastructure providers from parts of this proposed law. You might be wondering how this works - the Minister can do this by putting a notice in the Gazette, which is like a special newspaper for official announcements. The Minister can set conditions for the exemption if they think it's necessary. The Minister can only do this if they think it's not fair to apply the law to that particular provider or group of providers. You need to know that the notice will say which parts of the law the provider is exempt from. This is an important detail to understand. If the exemption is for a whole group of providers, it's called a class exemption, and it's considered secondary legislation - you can learn more about what that means by looking at Part 3 of the Legislation Act 2019. The Minister will decide what a class exemption means in this context, but basically, it's an exemption that applies to a whole group of entities. This is something the Minister will have to consider carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022479.

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"A plan to help New Zealand prepare for and deal with emergencies"

Part 2Emergency management system role-holders
Other parties: Essential infrastructure providers

76Minister may exempt essential infrastructure provider

  1. The Minister may, by notice in the Gazette, on any conditions that the Minister thinks fit, exempt a particular essential infrastructure provider or class of essential infrastructure providers in whole or in part from the provisions of this Act relating to essential infrastructure.

  2. Subsection (1) applies if the Minister is satisfied that the application of the provisions is not appropriate in the case of that entity or class of entities.

  3. The notice must set out the provisions of this Act from which the entity or class of entities is exempt.

  4. A notice under this section that is a class exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

  5. In this section, class exemption means an exemption granted under subsection (1) that relates to a class of entities.

Compare
  • 2002 No 33 s 62
Notes