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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Declaring transition periods - Declaring local transition period

148: Matters Minister or authorised person must consider when declaring or extending local transition period

You could also call this:

"What to consider when declaring or extending a local transition period after an emergency"

Illustration for Emergency Management Bill (No 2)

When you are thinking about declaring or extending a local transition period, you must consider some things. You must think about whether using special powers is in the public interest and necessary for a timely recovery. You also need to think about the areas affected by the emergency and whether they are moving from response to recovery. You have to look at the areas, districts, or wards affected by the emergency. You also need to think about whether the focus is moving from response to recovery. This includes thinking about whether a state of emergency is about to expire. If you are the Minister, you must consult with certain bodies and people in a way you think is appropriate. This includes all Emergency Management Committees affected by the emergency and the mayor of any affected local authority. However, you do not have to do this if it is impracticable or the situation is urgent. You can find more information about declaring or extending a local transition period in sections like section 145, 146, and 151. You can also look at section 147 and sections 156 to 165 for more details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1512538.

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Topics:
Government and voting > Emergency managementEnvironment and resources > Emergency management
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147: Declaring local transition period for unaffected location to assist affected location, or

"Helping an area affected by an emergency from a nearby unaffected area"

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149: Local transition period may be concurrent with national emergency declarations, or

"A local transition period can happen at the same time as a national emergency."

Part 4Emergency response and recovery: states of emergency and transition periods
Declaring transition periods: Declaring local transition period

148Matters Minister or authorised person must consider when declaring or extending local transition period

  1. Subsections (3) and (4) apply if the Minister or an authorised person is considering, in accordance with section 145(1)(b) or (3)(b), 146(1)(b)(ii), or 151(1)(b)(i), whether to declare or extend a local transition period under any of those sections.

  2. Subsection (3) applies if the Minister or an authorised person is considering, in accordance with section 147(1)(b), whether to declare a local transition period under that section.

  3. The Minister or the authorised person must not declare or extend a local transition period unless satisfied that enabling the use of the powers in sections 156 to 165 is—

  4. in the public interest; and
    1. necessary or desirable to ensure a timely and effective recovery.

      1. In deciding whether to declare or extend a local transition period, the Minister or the authorised person must have regard to—

      2. the areas, districts, or wards affected by the emergency; and
        1. whether the focus of activities in an area, district, or ward is moving from response to recovery, including whether a state of emergency is about to expire or be terminated.

          1. Subsections (6) and (7) apply if the Minister is considering, in accordance with section 146(1)(b)(ii) or 151(1)(b)(i), whether to declare or extend a local transition period under either of those sections.

          2. The Minister must, in a manner the Minister considers appropriate, consult the following bodies and persons:

          3. all Emergency Management Committees affected by the emergency:
            1. the mayor of any affected local authority.

              1. However, subsection (5) does not apply if, in the opinion of the Minister,—

              2. it is impracticable in the circumstances to apply the requirements of that subsection; or
                1. the urgency of the situation requires the declaration to be given immediately.

                  Compare
                  • 2002 No 33 s 94B(4)–(7)