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Emergency Management Bill (No 2)

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"How the new emergency law works with the old law"

Illustration for Emergency Management Bill (No 2)

The Emergency Management Bill (No 2) has a schedule that explains how the new law will work with the old law. You need to know what happens to things that were started under the old law. The old law is called the Civil Defence Emergency Management Act 2002. The new law keeps some things from the old law, like emergency declarations. It also changes some names, like 'Civil Defence Emergency Management Group' to 'Emergency Management Committee'. Some people's jobs will have new names too. The new law says what happens to documents and plans made under the old law. It also says what happens to warrants and references to old personnel and entities. You can find more information about the changes in the schedule to the Emergency Management Bill (No 2). It explains how the new law will work with the old law until everything is updated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022606.

This page was last updated on 31 December 2025 — View changes

Topics:

Government and voting > Emergency management

218: Amendments to other legislation, or

"Changes to other laws"

Schedule 2: Legislation relevant to emergency management, or

"Laws that help us manage emergencies"

1Transitional, savings, and related provisions Empowered by s 9

1Provisions relating to this Act as enacted

General transitional provisions

1Interpretation

In this schedule, unless the context otherwise requires,—
2002 Act means the Civil Defence Emergency Management Act 2002
corresponding Emergency Management Committee, in relation to a Civil Defence Emergency Management Group, means the Emergency Management Committee that the Group is continued as under clause 9(1)(a)
emergency declaration includes—
1. a state of emergency declared under the 2002 Act:
2. a transition period for which notice was given under the 2002 Act
matter includes any action undertaken, any decision taken, any notice or direction given, any delegation made, any proceedings commenced, any application or claim for compensation made, any agreement entered into, or any requirement imposed.

2Matters initiated under Civil Defence Emergency Management Act 2002

This clause applies to any matter initiated under the 2002 Act before the commencement of this clause.
If this clause applies, the provisions of the 2002 Act in force immediately before the commencement of this clause continue to apply to the matter as if they had not been repealed by this Act.
However, a matter initiated under a provision of the 2002 Act may be amended under a corresponding provision in this Act (if any) as if the matter had been initiated under the corresponding provision.

3References to Civil Defence Emergency Management Act 2002

A reference in an enactment or a document to the 2002 Act, or to 1 or more of its provisions, must be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the enactment or document.

Emergency management officers

4Officers under 2002 Act continued under this Act

The officers appointed under the 2002 Act and holding the appointments immediately before the commencement of this clause continue in the appointments as follows:
a National Controller delegated the functions and powers of the Director under section 10 of the 2002 Act is to be treated as the National Controller who has been delegated those functions and powers under section 19(2) of this Act:
a National Recovery Manager delegated the functions and powers of the Director under section 11A of the 2002 Act is to be treated as the National Recovery Manager who has been delegated those functions and powers under section 20(2) of this Act:
a person appointed as the chairperson of a Civil Defence Emergency Management Group under section 15 of the 2002 Act is to be treated as having been appointed as the chairperson of the corresponding Emergency Management Committee,—
1. if the corresponding Committee is a multi-member Emergency Management Committee, under section 32 of this Act:
2. if the corresponding Committee is a unitary authority Emergency Management Committee, under clause 26 of Schedule 7 of the Local Government Act 2002:
a person appointed under section 25 of the 2002 Act as a person authorised to declare a state of local emergency or to give notice of a local transition period for a Civil Defence Emergency Management Group’s area is to be treated as having been appointed under section 49 or authorised by section 50 of this Act in respect of the corresponding Emergency Management Committee with the same capacity to make the emergency declaration and with the same conditions or limitations (if any) that applied to the appointment under the 2002 Act:
a person appointed by a Civil Defence Emergency Management Group under section 26(1) of the 2002 Act as the Group Controller for the Group’s area is to be treated as having been appointed under section 51(2)(a) or 53(2) or (3) of this Act (whichever is applicable) as the Regional Controller for the corresponding Emergency Management Committee’s area:
a person appointed by a Civil Defence Emergency Management Group under section 26(2) of the 2002 Act as a person who may perform the functions and duties and exercise the powers of the Group Controller for the duration of any vacancy in the office or absence from duty of the Group Controller is to be treated as having been appointed under section 51(2)(b) or 53(4) of this Act (whichever is applicable) to perform the functions and duties and exercise the powers of the Regional Controller for the corresponding Emergency Management Committee’s area for the duration of any vacancy in the office or absence from duty of the Regional Controller:
a person appointed by a Civil Defence Emergency Management Group under section 29(1) of the 2002 Act as the Group Recovery Manager for the Group’s area is to be treated as having been appointed under section 60(2)(a) or 62(2) or (3) of this Act (whichever is applicable) as the Regional Recovery Manager for the corresponding Emergency Management Committee:
a person appointed by a Civil Defence Emergency Management Group under section 29(2) of the 2002 Act as a person who may perform the functions and duties and exercise the powers of the Group Recovery Manager for the Group’s area for the duration of any vacancy in the office or absence from duty of the Group Recovery Manager is to be treated as having been appointed under section 60(2)(b) or 62(4) of this Act (whichever is applicable) to perform the functions and duties and exercise the powers of the Regional Recovery Manager for the corresponding Emergency Management Committee’s area for the duration of any vacancy in the office or absence from duty of the Regional Recovery Manager.

From the commencement of this clause, certain continued officers become known by new titles as follows:
a Group Controller becomes known as a Regional Controller:
a Group Recovery Manager becomes known as a Regional Recovery Manager.

5Transitional arrangements for Local Controllers and Local Recovery Managers: appointments

The following sections of the 2002 Act continue to apply as if this Act had not been enacted:
section 27 (which relates to the appointment of Local Controllers):
section 30 (which relates to the appointment of Local Recovery Managers).

In applying those sections, references in a section to one of the following terms must be read as follows:
a reference to a Civil Defence Emergency Management Group must be treated as a reference to the Group’s corresponding Emergency Management Committee:
a reference to the Group’s Group Controller must be treated as a reference to the corresponding Emergency Management Committee’s Regional Controller (or the person treated as having been appointed as the Committee’s Regional Controller under clause 4(1)(e)):
a reference to the Group’s Group Recovery Manager must be treated as a reference to the corresponding Emergency Management Committee’s Regional Recovery Manager (or the person treated as having been appointed as the Committee’s Regional Recovery Manager under clause 4(1)(g)).

Subclause (4) applies to a person who, immediately before the commencement of this clause, was a Local Controller appointed by a Civil Defence Emergency Management Group and directed to carry out or exercise specified functions, duties, or powers under section 27 of the 2002 Act.
The person’s appointment as a Local Controller—
continues as if the person had been appointed by the Group’s corresponding Emergency Management Committee under this clause; and
is subject to the same direction regarding the functions, duties, or powers that must be carried out or exercised.

Subclause (6) applies to a person who, immediately before the commencement of this clause, was a Local Recovery Manager appointed by a Civil Defence Emergency Management Group and directed to carry out or exercise specified functions, duties, or powers under section 30 of the 2002 Act.
The person’s appointment as a Local Recovery Manager—
continues as if the person had been appointed by the Group’s corresponding Emergency Management Committee under this clause; and
is subject to the same direction regarding the functions, duties, or powers that must be carried out or exercised.

This clause is repealed on the date that is 12 months after Royal assent.

6Definitions include Local Controllers and Local Recovery Managers appointed under clause 5

The definition of Local Controller in section 5 of this Act must be read as including a Local Controller appointed, or whose appointment is continued, in accordance with clause 5.
The definition of Local Recovery Manager in section 5 of this Act must be read as including a Local Recovery Manager appointed, or whose appointment is continued, in accordance with clause 5.

7Transitional arrangements for Local Controllers: role

This clause applies to a person (a Local Controller) who is appointed as a Local Controller, or whose appointment as a Local Controller is continued, in accordance with clause 5.
Section 28(3) of the 2002 Act (which relates to the power to authorise a suitably qualified and experienced person to perform or exercise any functions, duties, and powers of the Local Controller) applies to the Local Controller as if this Act had not been enacted.
Section 59(2) of this Act applies to—
a Local Controller; and
a person authorised under section 28(3) of the 2002 Act to perform any function or duty or exercise any power of a Local Controller.

This clause is repealed on the date that is 12 months after Royal assent.

8Transitional arrangements for Local Recovery Managers: role

This clause applies to a person (a Local Recovery Manager)—
who is appointed as a Local Recovery Manager under clause 5; or
whose appointment as a Local Recovery Manager is continued by the operation of clause 5.

Section 30A(3) and (4) of the 2002 Act (which relates to the power to authorise a suitably qualified and experienced person to perform or exercise any functions, duties, and powers of the Local Recovery Manager) applies to the Local Recovery Manager as if this Act had not been enacted.
Section 68(2) of this Act applies to—
a Local Recovery Manager; and
a person authorised under section 30A(3) of the 2002 Act to perform any function or duty or exercise any power of a Local Recovery Manager.

This clause is repealed on the date that is 12 months after Royal assent.

Emergency management bodies

9Bodies and their members under 2002 Act continued under this Act

The entities established under the 2002 Act and in existence immediately before the commencement of this clause, and the members of those bodies at that time, continue in existence as follows:
every Civil Defence Emergency Management Group established in accordance with section 12 of the 2002 Act continues in existence as if it were an Emergency Management Committee continued in existence in accordance with section 23(1) of this Act with responsibility for the same area that the Group had responsibility for immediately before the commencement of this clause:
the members of a Civil Defence Emergency Management Group under section 13 of the 2002 Act immediately before the commencement of this Act are to be treated as being the members of the corresponding Emergency Management Committee under sections 24 and 25 of this Act:
a Civil Defence Emergency Management Co-ordinating Executive Group established and maintained by a Civil Defence Emergency Management Group under section 20 of the 2002 Act continues in existence as if it were the Emergency Management Co-ordinating Executive Group appointed and maintained by the corresponding Emergency Management Committee under section 39(1) of this Act:
an administering authority established for a Civil Defence Emergency Management Group under section 23 of the 2002 Act continues in existence as if it were the administering authority for the corresponding Emergency Management Committee appointed or established in accordance with section 37 of this Act.

From the commencement of this clause, certain continued entities become known by new titles as follows:
a Civil Defence Emergency Management Group becomes known as an Emergency Management Committee:
a Civil Defence Emergency Management Co-ordinating Executive Group becomes known as an Emergency Management Co-ordinating Executive Group.

10Membership of Civil Defence Emergency Management Co-ordinating Executive Groups to continue for 12 months

Subclause (2) applies in relation to a Civil Defence Emergency Management Co-ordinating Executive Group that is treated as an Emergency Management Co-ordinating Executive Group under clause 9(1)(c).
The membership of the Civil Defence Emergency Management Co-ordinating Executive Group (which consists of the persons described under section 20(1) and (1A) of the 2002 Act) are to be treated as the members of the Emergency Management Co-ordinating Executive Group for the purposes of section 39 of this Act.
After 12 months after Royal assent to this Act, the membership of each Emergency Management Co-ordinating Executive Group must consist of the persons set out in section 39(2) and co-opted under section 39(3) (if any).
Subclauses (1) and (2) are repealed on the date that is 12 months after Royal assent.

11Form of Civil Defence Emergency Management Group to continue

Every Civil Defence Emergency Management Group established under section 12(1)(a) of the 2002 Act by the uniting of a regional council and the territorial authorities within the council’s region continues as an Emergency Management Committee for the purposes of this Act as a joint standing committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.
Every Civil Defence Emergency Management Group established under section 12(1)(b) of the 2002 Act by a single unitary authority continues as an Emergency Management Committee for the purposes of this Act under clause 30(1)(a)of Schedule 7 of the Local Government Act 2002.
Every Civil Defence Emergency Management Group established under section 12(1)(c) of the 2002 Act by a unitary authority uniting with 1 or more other unitary authorities or a regional council continues as an Emergency Management Committee for the purposes of this Act as a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.

Documents

12Documents under 2002 Act continued under this Act

The documents established under the 2002 Act and in effect immediately before the commencement of this clause continue in effect as follows:
any guideline, code, or technical standard issued by the Director under section 9(3) of the 2002 Act continues in effect as if it were a guideline, code, or technical standard issued by the Director-General of Emergency Management under section 15(4) of this Act:
a statement published by the Director of Civil Defence Emergency Management under section 74 of the 2002 Act continues in effect as if it were a statement published by the Director-General of Emergency Management under section 17 of this Act:
the national civil defence emergency management strategy completed by the Minister under section 31 of the 2002 Act continues in effect as if it were a national emergency management strategy made under section 77(1) of this Act:
the national civil defence emergency management plan made by Order in Council under section 39 of the 2002 Act continues in effect as if—
1. it were a national emergency management plan made under section 82 of this Act; and
2. it met all of the requirements for national emergency management plans under sections 82 to 89 of this Act:
every civil defence emergency management group plan prepared and approved by a Civil Defence Emergency Management Group under section 48 of the 2002 Act continues in effect as if—
1. it were a regional emergency management plan prepared and approved by the corresponding Emergency Management Committee under section 90 of this Act; and
2. it met all of the requirements for regional emergency management plans under sections 80, 81, and 92 to 98 of this Act.

From the commencement of this clause, certain continued documents become known by new titles as follows:
the national civil defence emergency management strategy becomes known as the national emergency management strategy:
the national civil defence emergency management plan becomes known as the national emergency management plan:
a civil defence emergency management group plan becomes known as a regional emergency management plan.

132002 Act to continue to apply if review of national civil defence emergency management plan is in progress

This clause applies if, before the commencement of this clause,—
the Minister has publicly notified a proposed plan under section 41(1)(d) of the 2002 Act to review the national civil defence emergency management plan under section 46 of the 2002 Act; and
the review has not been completed.

After the commencement of this clause, sections 39 to 41 and 45 of the 2002 Act continue to have effect for the purpose of the completion of the review as if they had not been repealed.

14Initial review of national emergency management plan under this Act

The Minister must, no later than the date that is 2 years after the commencement of this clause,—
initiate a review of the national emergency management plan in full under section 84(1); and
after completing the procedural requirements set out in sections 85 to 87, make a decision under section 84(2) as a result of the review; and
if applicable, make a recommendation to the Governor-General for the making of regulations under section 82 providing for a national emergency management plan.

152002 Act to continue to apply if review of civil defence emergency management group plan is in progress

This clause applies if, before the commencement of this clause,—
a Civil Defence Emergency Management Group has given public notice under section 52(1) of the 2002 Act of a proposal to review the Group’s civil defence emergency management group plan under section 56 of the 2002 Act; and
the review has not been completed.

After the commencement of this clause, sections 49, 51, 52, 55, and 56 of the 2002 Act continue to have effect for the purposes of the completion of the review as if they had not been repealed.

Emergency declarations and powers

16Emergency declarations remain in force

The states of emergency and transition periods in force immediately before the commencement of this clause are continued as follows:
a state of national emergency declared under section 66 of the 2002 Act is continued as if it were a state of national emergency declared under section 109 of this Act:
a state of local emergency declared under section 68 or 69 of the 2002 Act is continued as if it were a state of local emergency declared under section 113 of this Act:
a national transition period for which notice has been given under section 94A of the 2002 Act is continued as if it were a national transition period declared under section 142 of this Act:
a local transition period for which notice has been given under section 94B of the 2002 Act is continued as if it were a local transition period declared under section 145 of this Act.

Warrants

17Warrants continue

This clause applies in relation to a warrant for entry and search of premises under section 78 of the 2002 Act.
An application for a warrant that was made but not finally determined before the commencement of this clause may proceed as if it were an application for a warrant under section 137 of this Act.
A warrant that has been issued has effect as if it were a warrant issued under section 137 of this Act.

References in documents to personnel and entities

18References in documents to civil defence emergency management personnel and entities

Unless the context otherwise requires, in any Order in Council, agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act,—
every reference to the Director of Civil Defence Emergency Management is a reference to the Director-General of Emergency Management under this Act:
every reference to a Civil Defence Emergency Management Group for a particular area is a reference to the Emergency Management Committee under this Act for the same area:
every reference to a Civil Defence Emergency Management Co-ordinating Executive Group of a particular Civil Defence Emergency Management Group is a reference to the Emergency Management Co-ordinating Executive Group under this Act of the corresponding Emergency Management Committee:
every reference to an administering authority of a particular Civil Defence Emergency Management Group is a reference to the administering authority of the corresponding Emergency Management Committee under this Act:
every reference to the National Controller is a reference to the National Controller under this Act:
every reference to a Group Controller is a reference to a Regional Controller under this Act:
every reference to a Local Controller is a reference to a Local Controller under this Act:
every reference to the National Recovery Manager is a reference to the National Recovery Manager under this Act:
every reference to a Group Recovery Manager is a reference to an Regional Recovery Manager under this Act:
every reference to a Local Recovery Manager is a reference to a Local Recovery Manager under this Act:
every reference to a state of national emergency is a reference to a state of national emergency under this Act:
every reference to a state of local emergency is a reference to a state of local emergency under this Act:
every reference to a national transition period is a reference to a national transition period under this Act:
every reference to a local transition period is a reference to a local transition period under this Act.