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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 local emergency

113: Authorised person or Minister may declare state of local emergency

You could also call this:

"Someone in charge can declare a local emergency if something bad happens or might happen"

Illustration for Emergency Management Bill (No 2)

If you think an emergency has happened or might happen in an area, you can declare a state of local emergency. You can declare this for the whole area or just for some districts or wards. Before you make this declaration, you must talk to the mayor of the local authority if it's possible. If the Minister thinks an emergency has happened or might happen, they can also declare a state of local emergency. They can do this if no one else has already declared one for that area. The Minister can declare a state of local emergency for the whole area or just for some districts or wards. If someone says they are allowed to declare a state of local emergency under section 49 or 50, you can assume they are allowed to do so unless you have proof they're not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022527.

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Topics:
Government and voting > Emergency management
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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?"

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114: Declaring state of local emergency for unaffected location to assist affected location, or

"Declaring an emergency in one area to help another area in need"

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

113Authorised person or Minister may declare state of local emergency

  1. Subsection (2) applies if an authorised person considers that an emergency has occurred or may occur in an area.

  2. The authorised person may declare a state of local emergency for—

  3. that area; or
    1. 1 or more districts or wards within that area.

      1. Before making a declaration under subsection (2), an authorised person who is authorised under section 49 to declare a state of local emergency must, if practicable, consult the mayor of any affected local authority.

      2. The fact that a person purporting to be authorised under section 49 or 50 declares a state of local emergency is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so.

      3. Subsection (6) applies if—

      4. the Minister considers that an emergency has occurred or may occur in the area of any Emergency Management Committee; and
        1. a state of local emergency has not been declared under subsection (2) in respect of that area.

          1. The Minister may declare a state of local emergency for—

          2. that area; or
            1. 1 or more districts or wards within that area.

              Compare
              • 2002 No 33 s 68