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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Declaring states of emergency - Declaring state of national emergency

111: When Parliament must meet if state of national emergency declared

You could also call this:

"What happens to Parliament when a national emergency is declared"

Illustration for Emergency Management Bill (No 2)

If a state of national emergency is declared, you need to know what happens next with Parliament. The Minister declares a state of national emergency and Parliament is not meeting, or has been dissolved, or has not been summoned to meet within 7 days. The Governor-General must then summon Parliament to meet within 7 days. When the Minister declares a state of national emergency after an election, the Governor-General must summon Parliament to meet within 7 days of the declaration or the return of the election writ. You can find more information about this in the Electoral Act 1993 and the Constitution Act 1986. Parliament must meet on the day the Governor-General appoints. If the House of Representatives is adjourned for more than 7 days after a state of national emergency is declared, the Speaker must appoint a day for it to meet within 7 days. The House of Representatives must then meet on the appointed day.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022526.

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110: Extending location to which state of national emergency applies, or

"Expanding the area covered by a national emergency declaration"

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112: When authorised persons may exercise certain powers in this subpart, or

"When can authorised people use special powers in an emergency area?"

Part 4Emergency response and recovery: states of emergency and transition periods
Declaring states of emergency: Declaring state of national emergency

111When Parliament must meet if state of national emergency declared

  1. Subsection (2) applies if—

  2. the Minister declares a state of national emergency; and
    1. Parliament—
      1. has been dissolved or prorogued or has expired; and
        1. has not been summoned to meet within 7 days after the day on which the declaration is made.

        2. The Governor-General must, by Proclamation, summon Parliament to meet at a time that is no later than 7 days after—

        3. the day on which the Minister declares a state of national emergency; or
          1. the day on which the writ is returned, if the Minister declares a state of national emergency—
            1. after Parliament has been dissolved or has expired; and
              1. before the return of the writ under the Electoral Act 1993 for the election of members of Parliament.

              2. Parliament must meet and sit on the day appointed.

              3. See section 18 of the Constitution Act 1986.

              4. Subsection (6) applies if—

              5. the Minister declares a state of national emergency; and
                1. the House of Representatives is adjourned until a date more than 7 days after the day on which the declaration is made.

                  1. The Speaker of the House of Representatives must, as soon as practicable, by notice in the Gazette, appoint a day and time for the House of Representatives to meet, which must be no later than 7 days after the day on which the declaration is made.

                  2. The House of Representatives must meet and sit in accordance with the notice.

                  Compare
                  • 2002 No 33 s 67