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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during transition periods - Powers exercised by Minister

156: Minister’s transition period power of direction

You could also call this:

"The Minister's Power to Give Directions During a Transition Period"

Illustration for Emergency Management Bill (No 2)

The Minister has a special power during a transition period. You will see this power used if a transition period is happening and the Minister thinks it is a good idea. The Minister can tell someone to do something or stop doing something. The Minister can give directions to the Director-General, an Emergency Management Committee, or any other person. If a location has a transition period and a special designation under the Building Act 2004, the Minister has more options. You can read about the Building Act 2004 to learn more. The Minister can tell the responsible person to use their powers or stop using them. If the Minister tells someone to do something, they can also say that person must follow the Director-General's instructions. This means the Director-General is in charge and must be satisfied with what is being done.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022560.

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Topics:
Government and voting > Emergency managementHousing and property > Home safety and repairs
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155: Interpretation of this subpart, or

"What special words mean in this part of the Emergency Management Bill"

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157: Application of sections 160 to 165, or

"What happens during a national or local transition period"

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

156Minister’s transition period power of direction

  1. Subsection (2) applies if—

  2. a transition period is in force; and
    1. the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2).

      1. The Minister may direct a person or a body specified in subsection (3) to perform or exercise, or to cease to perform or exercise, any of the functions, duties, or powers conferred on that person or body under this Act.

      2. The persons and bodies the Minister may direct are as follows:

      3. the Director-General:
        1. an Emergency Management Committee:
          1. any other person.

            1. Subsection (5) applies if—

            2. a location is subject to both—
              1. a transition period; and
                1. a designation under subpart 6B of Part 2 of the Building Act 2004; and
                2. a person who may exercise powers under this Act in relation to the transition period is also the responsible person under that subpart (see section 133BK of the Building Act 2004).

                  1. The Minister may direct that responsible person—

                  2. to exercise any of the powers conferred on the person under that subpart; or
                    1. to cease to exercise any of those powers.

                      1. Subsection (7) applies if, under subsection (2) or (5), the Minister directs an Emergency Management Committee or a person (other than the Director-General) to perform or exercise any function, duty, or power.

                      2. The Minister may direct that the function, duty, or power must be performed or exercised under the control, and to the satisfaction, of the Director-General.

                      Compare
                      • 2002 No 33 s 94J