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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 - Notice requirements under section 135

136: Notice requirements under section 135

You could also call this:

"Telling people about emergency directions"

Illustration for Emergency Management Bill (No 2)

If someone gives a direction under section 135, you need to know they must tell certain people about it. They must try to notify the owners and occupiers of the buildings the direction applies to, and also the owners and occupiers of nearby buildings or land, as set out in section 206. They must also put a copy of the notice in a visible place on or near the buildings the direction applies to. If the direction is given under section 135(1)(b), the person giving the direction must also make the information public in a way that is reasonable. The notice must explain why the direction was given, what it applies to, and how long people have to complete any required assessment. It must also say where people can find more information if needed. If the notice is given under subsection (2), it must be published in the Gazette as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022544.

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Topics:
Emergency management > Emergency directionsGovernment departments > Notifying the publicHousing and property > Building safetyHousing and property > Land use
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135: Power to direct owner of structure to obtain assessment, or

"Someone in charge can ask you to check if your building is safe after an emergency"

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137: Warrant for entry to obtain information, or

"Letting officials into a place to get important information in an emergency"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during states of emergency: Notice requirements under section 135

136Notice requirements under section 135

  1. A specified person who gives a direction under section 135(1)(a) or (b)—

  2. must use endeavours that are reasonable in the circumstances to notify the following persons of the direction in accordance with section 206:
    1. each owner (or each owner’s agent) and each occupier of each structure to which the direction applies:
      1. each owner (or each owner’s agent) and each occupier of an adjacent structure or adjoining land; and
      2. must attach a copy of the notice to a prominent place on, or adjacent to, each structure to which the direction applies.

        1. A person who gives a direction under section 135(1)(b) must also give public notice of the direction that is reasonable in the circumstances.

        2. A notice given under subsection (1) or (2) must—

        3. state the reasons for giving the direction; and
          1. describe the matter to which the direction applies; and
            1. specify a reasonable time within which the assessment must be completed; and
              1. if applicable, state where further information may be viewed.

                1. A notice given under subsection (2) must be published in the Gazette as soon as practicable.

                Compare
                • 2002 No 33 s 91A