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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Compliance orders

174: Power to serve compliance order

You could also call this:

"When to get a notice to follow the rules"

Illustration for Emergency Management Bill (No 2)

The Director-General can give you a compliance order if they think you are not following the rules. This order can tell you to do something to follow the rules or stop doing something that goes against the rules. The order can also stop you from starting something that might go against the rules. The Director-General can add conditions to the compliance order if it is reasonable. A legislative requirement is a rule that you must follow, and it can come from this Act, regulations, or other plans. The rule must have been in place for at least 6 months before the compliance order is given to you. The Director-General must have good reasons to believe you are not following the rules before they can give you a compliance order. They can serve the order on you if they think it will help you follow the rules. The compliance order can be used to make sure you are doing what you are supposed to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1511641.

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"Following a compliance order means doing what it says within the given time."

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Compliance orders

174Power to serve compliance order

  1. The Director-General may serve on a person (A) a compliance order that does 1 or more of the following:

  2. requires A to do something that the Director-General believes, on reasonable grounds, will ensure compliance by A, or on behalf of A, with a legislative requirement:
    1. requires A to stop anything being done by A, or on behalf of A, that the Director-General believes, on reasonable grounds, contravenes or is likely to contravene a legislative requirement:
      1. prohibits A from starting anything to be done by A, or on behalf of A, that the Director-General believes, on reasonable grounds, contravenes or is likely to contravene a legislative requirement.

        1. A compliance order may be made subject to any conditions that are reasonable in the circumstances.

        2. In this section, legislative requirement means a requirement—

        3. that is imposed under any of the following:
          1. this Act:
            1. regulations:
              1. rules:
                1. the national emergency management plan:
                  1. regional emergency management planning standards; and
                  2. that has been in force for at least 6 months before the compliance order to which it relates is served.