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Emergency Management Bill (No 2)

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

142: Minister may declare national transition period

You could also call this:

"The Minister can call a special recovery time for New Zealand or some areas after an emergency."

Illustration for Emergency Management Bill (No 2)

The Minister can declare a national transition period if a state of emergency is in place or an emergency happens in an area. You need to know that the Minister must think a national transition period is necessary. The Minister can declare this period for the whole of New Zealand or just some areas. The Minister must be sure that using certain powers is in the public interest and necessary for a good recovery. You should look at sections 156 to 165 to understand what these powers are. The Minister must also think about the areas affected and how well they can recover. If the Minister declares a national transition period, they must tell the House of Representatives 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=LMS1022549.

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Topics:
Government and voting > Emergency management
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141: Interpretation of this subpart, or

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143: Extending location to which national transition period applies, or

"Extending the national transition period to more areas of New Zealand"

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

142Minister may declare national transition period

  1. This section applies if,—

  2. in respect of an area,—
    1. a state of emergency has been declared and is in force; or
      1. an emergency arises but no state of emergency has been declared for that area in respect of that emergency; and
      2. the Minister considers that a national transition period is required.

        1. The Minister may declare a national transition period that applies to—

        2. the whole of New Zealand; or
          1. 1 or more areas or districts.

            1. Before declaring a national transition period, the Minister must—

            2. be satisfied that enabling the use of the powers in sections 156 to 165 is—
              1. in the public interest; and
                1. necessary or desirable to ensure a timely and effective recovery; and
                2. have regard to the following matters:
                  1. the areas or districts affected by the emergency:
                    1. whether the focus of activities in an area or a district is moving from response to recovery, including whether a state of emergency is about to expire or be terminated:
                      1. the capacity of any Emergency Management Committee and any local authority in an area or a district affected by the emergency to carry out recovery activities.

                      2. If the Minister declares a national transition period, the Minister must advise the House of Representatives as soon as practicable.

                      Compare
                      • 2002 No 33 s 94A