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Emergency Management Bill (No 2)

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

145: Authorised person may declare local transition period

You could also call this:

"Someone in charge can create a special time to help an area recover after an emergency."

Illustration for Emergency Management Bill (No 2)

If a state of emergency is declared in an area, you might need a local transition period. An authorised person can declare this period for the whole area or just some parts of it. They can do this if they think it is necessary. If an emergency happens but no state of emergency is declared, an authorised person can still declare a local transition period. They need the Minister's approval to do this. The authorised person must say what happens to the remaining parts of the area. If someone says they are authorised to declare a local transition period, you can assume they are, unless proven otherwise. This is according to section 49 or 50. The authorised person has the power to make these decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022551.

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144: When authorised persons may exercise certain powers in this subpart, or

"When can authorised people use special powers in an emergency?"


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146: Minister may declare local transition period if authorised person has not done so, or

"The Minister can declare a special time to help an area recover after an emergency."

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

145Authorised person may declare local transition period

  1. Subsection (2) applies if—

  2. a state of emergency has been declared for an area; and
    1. an authorised person considers that a local transition period is required for that area or for 1 or more districts or wards within that area.
      1. The authorised person may declare a local transition period for—

      2. that area; or
        1. 1 or more districts or wards within that area.
          1. Subsection (4) applies if—

          2. an emergency arises but no state of emergency has been declared in an area in respect of that emergency; and
            1. an authorised person considers that a local transition period is required for that area or for 1 or more districts or wards within that area.
              1. The authorised person may, with the approval of the Minister, declare a local transition period for—

              2. that area; or
                1. 1 or more districts or wards within that area.
                  1. Subsection (6) applies if, in respect of an area,—

                  2. a state of emergency has been declared; and
                    1. the authorised person declares a local transition period under subsection (2)(b) or (4)(b) for 1 or more districts or wards within the area.
                      1. The authorised person must, in the declaration, specify, in respect of the remaining districts or wards in the area, whether the state of emergency—

                      2. remains in force; or
                        1. is terminated.
                          1. The fact that a person purporting to be authorised under section 49 or 50 declares a local transition period is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so.

                          Compare
                          • 2002 No 33 s 94B(1)–(3), (9), (10)