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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during states of emergency - Powers exercised by Minister

122: Minister’s emergency power of direction

You could also call this:

"The Minister's Power to Give Directions in an Emergency"

Illustration for Emergency Management Bill (No 2)

The Minister has a special power to give directions during an emergency. You need to know that this power can be used if there is a state of emergency or a threat of one. The Minister can tell certain people or groups what to do. The Minister can direct the Director-General, an Emergency Management Committee, or any other person. The Minister can tell them to start or stop doing something they are allowed to do under this Act. This power can also be used in certain locations that are subject to a state of emergency and a designation under the Building Act 2004. In these locations, the Minister can direct the responsible person to use their powers or stop using them. The Minister can also tell an Emergency Management Committee or another person to do something under the control of the Director-General. This means the Director-General will be in charge and must be satisfied with what is being done.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022513.

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Topics:
Government and voting > Emergency managementEnvironment and resources > Town planning
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121: Interpretation of this subpart, or

"What special words mean in this part of the Emergency Management Bill"

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123: Application of sections 125 to 135, or

"Powers you can use during an emergency"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during states of emergency: Powers exercised by Minister

122Minister’s emergency power of direction

  1. Subsection (2) applies if—

  2. a state of emergency is in force, or the Minister considers that an imminent threat of an emergency exists; and
    1. the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2).

      1. The Minister may direct a person or a body specified in subsection (3) to perform or exercise, or to cease to perform or exercise, any of the functions, duties, or powers conferred on that person or body under this Act.

      2. The persons and bodies the Minister may direct are as follows:

      3. the Director-General:
        1. an Emergency Management Committee:
          1. any other person.

            1. Subsection (5) applies if—

            2. a location is subject to both—
              1. a state of emergency; and
                1. a designation under subpart 6B of Part 2 of the Building Act 2004; and
                2. a person who may exercise powers under this Act in relation to the state of emergency is also the responsible person under that subpart (see section 133BK of the Building Act 2004).

                  1. The Minister may direct that responsible person—

                  2. to exercise any of the powers conferred on the person under that subpart; or
                    1. to cease to exercise any of those powers.

                      1. Subsection (7) applies if, under subsection (2) or (5), the Minister directs an Emergency Management Committee or a person (other than the Director-General) to perform or exercise any function, duty, or power.

                      2. The Minister may direct that the function, duty, or power must be performed or exercised under the control, and to the satisfaction, of the Director-General.

                      Compare
                      • 2002 No 33 s 84