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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during transition periods - Notice requirements under section 165

166: Notice requirements under section 165

You could also call this:

"Telling people about important directions during emergencies"

Illustration for Emergency Management Bill (No 2)

If you are an authorised Recovery Manager or a constable, you must tell people about a direction you give under section 165. You need to notify the owners and occupiers of the buildings the direction applies to, and the owners and occupiers of nearby buildings or land, as stated in section 206. You must also attach a copy of the notice to a noticeable place on or near the buildings the direction applies to. When you give a direction under section 165(1)(b), you must also give public notice of the direction. This public notice must be reasonable, given the circumstances. Any notice you give must state why you gave the direction, describe what the direction applies to, and give a reasonable time to complete any assessment. It must also say where people can find more information, if applicable. If you give a public notice under subsection (2), you must publish it 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=LMS1022565.

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165: Power to direct owner of structure to obtain assessment, or

"When to get a structure checked after an emergency"


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167: Person exercising emergency powers to provide proof of identity, or

"People using emergency powers must show ID and explain their authority"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during transition periods: Notice requirements under section 165

166Notice requirements under section 165

  1. An authorised Recovery Manager or a constable who gives a direction under section 165(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 of the direction; 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 giving a direction under section 165(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 94NA