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Emergency Management Bill (No 2)

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

151: Extending duration of transition period

You could also call this:

"The Minister can extend the time for a national or local transition period if needed."

Illustration for Emergency Management Bill (No 2)

If a national transition period is in place, the Minister can extend it. You need to know the Minister can do this if they think it is necessary. The Minister must consider if it is in the public interest and needed for a timely recovery. The Minister can extend the national transition period if they think it is required. They must tell the House of Representatives as soon as possible after making this decision. The Minister or an authorised person can also extend a local transition period. When extending a transition period, the Minister or authorised person can apply it to a smaller area. You can find more information about extending a local transition period in section 148. The Minister or authorised person must consider certain matters when making this 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=LMS1022553.

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Topics:
Government and voting > Emergency management
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150: When transition period starts and expires, or

"What happens when a state of emergency ends: the transition period"

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152: Further provisions relating to extending transition period, or

"What happens when a transition period is extended in an emergency"

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

151Extending duration of transition period

  1. Subsection (2) applies if—

  2. a national transition period has been declared and is in force; and
    1. the Minister—
      1. considers that an extension to the duration of the national transition period is required; and
        1. is satisfied that extending 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. has had regard to the following matters:
              1. the areas or districts affected by the emergency:
                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. The Minister may declare that the duration of the national transition period is extended.

              3. The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (2).

              4. The Minister or an authorised person may declare that the duration of a local transition period is extended if—

              5. the Minister or authorised person considers that the extension is required; and
                1. the local transition period has not yet ended.

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

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

                      1. See section 148 for matters that the Minister or the authorised person must consider when extending a local transition period.

                      Compare
                      • 2002 No 33 s 94D