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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Declaring states of emergency - Commencement, duration, extension, and termination

117: Extending duration of state of emergency

You could also call this:

"When can a state of emergency be extended?"

Illustration for Emergency Management Bill (No 2)

The Minister can extend a state of national emergency if they think it is still needed and the emergency has not ended yet. You can find out more about when a state of national emergency can be declared in section 109(1)(b). The Minister must tell the House of Representatives as soon as possible if they extend a state of national emergency. The Minister or an authorised person can extend a state of local emergency if they think it is required and the emergency has not ended. When extending a state of emergency, the Minister or an authorised person can apply it to a smaller area than before. This applies to both national and local emergencies. The Minister is in charge of extending a state of national emergency, while the Minister or an authorised person can extend a state of local emergency. They must consider whether the extension is needed and if the emergency is still happening. You will be told if a state of emergency is extended, and who made the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022532.

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Topics:
Government and voting > Emergency management
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116: When state of emergency starts and expires, or

"When a State of Emergency Begins and Ends"

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118: Further provisions relating to extending state of emergency, or

"What happens when a state of emergency is extended"

Part 4Emergency response and recovery: states of emergency and transition periods
Declaring states of emergency: Commencement, duration, extension, and termination

117Extending duration of state of emergency

  1. The Minister may declare that the duration of a state of national emergency is extended if—

  2. the Minister considers that—
    1. the criterion specified in section 109(1)(b) continues to be met; and
      1. the extension is required; and
      2. the state of national emergency has not yet ended.

        1. The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (1).

        2. The Minister or an authorised person may declare that the duration of a state of local emergency is extended if—

        3. the Minister or authorised person considers that the extension is required; and
          1. the state of local emergency has not yet ended.

            1. The following persons may, in declaring an extension to the duration of a state of emergency, apply that extended state of emergency to a smaller location than the location to which it previously applied:

            2. in the case of a state of national emergency, the Minister:
              1. in the case of a state of local emergency, the Minister or an authorised person.

                Compare
                • 2002 No 33 s 71