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New Zealand law explained for everyone

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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 specified persons and others

130: Power to close roads and public places

You could also call this:

"Who can close roads and public places in an emergency?"

Illustration for Emergency Management Bill (No 2)

You might be affected by a new proposed law that lets certain people close roads and public places. They can do this if they think it's necessary to limit or reduce an emergency, or to prevent negative effects of the emergency. They can stop people or vehicles from accessing a road or public place. You could be stopped from going to a certain area, depending on what the person in charge decides. They can choose to stop everyone or just certain groups of people, and they can also stop all vehicles or just certain types. This stop can be total or partial, meaning you might be allowed to go to the area sometimes, but not others. The people who can make these decisions are those who are specified, or those who are authorised by an emergency management plan. They must have a good reason to believe that closing the road or public place is necessary. This is part of a proposed change to the law, which is currently being considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022539.

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Topics:
Emergency management > Emergency responseTransport and travel > Public transportTransport and travel > DrivingGovernment and voting > Emergency management
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129: Power to enter premises and places, or

"Entering premises to help people or animals in emergencies"

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131: Power to remove obstructing vehicles, or

"Removing vehicles that block the way in an emergency"

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

130Power to close roads and public places

  1. The action specified in subsection (3) may be taken by either of the following:

  2. a specified person:
    1. a person authorised by a relevant emergency management plan to exercise the power in this section.

      1. The person may take the action authorised in subsection (3) if the person believes on reasonable grounds that the action is necessary to do 1 or more of the following:

      2. limit or reduce the extent of the applicable emergency:
        1. prevent potentially negative effects of the applicable emergency.

          1. The person may prohibit or restrict the following from accessing a road or public place:

          2. persons, including 1 or more classes or groups of persons:
            1. vehicles, including 1 or more classes or groups of vehicles.

              1. A prohibition or restriction under subsection (3) may be total or partial.

              Compare
              • 2002 No 33 s 88