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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Secondary legislation - Rules

214: Director-General may grant exemptions from compliance with rules

You could also call this:

"The Director-General can choose to excuse you or a group from following certain rules."

Illustration for Emergency Management Bill (No 2)

The Director-General can let you or a group of people not follow some rules. You can be exempt from one or more rules made under section 212. The Director-General decides who can be exempt. The Director-General cannot grant an exemption if the rule says no exemptions are allowed. The exemption can last for less than three years. If you break the terms of an exemption, you break the rule it relates to. The Director-General must tell people about the exemptions granted every three months in the Gazette. A class exemption is a type of secondary legislation, which has its own publication rules. A class exemption is when the Director-General grants an exemption to more than one person or a group of people. You can read more about this in section 215.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1513210.

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"How the Minister Makes New Rules"

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215: Procedure for granting exemption, or

"How the Director-General decides to grant an exemption"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Secondary legislation: Rules

214Director-General may grant exemptions from compliance with rules

  1. The Director-General may, if the Director-General thinks it appropriate, exempt from compliance with 1 or more specified requirements of a rule made under section 212—

  2. 1 or more persons specified by the Director-General; and
    1. a class of persons, organisations, or other things.

      1. However, the Director-General must not grant an exemption from a requirement of a rule if the relevant rule provides that no exemptions from the requirement may be granted.

      2. The exemption may apply for any period that is less than 3 years.

      3. The breach of a term or condition of an exemption granted under subsection (1) is a breach of the provision to which the exemption relates (unless the terms of the exemption provide otherwise).

      4. The Director-General must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette at intervals not longer than 3 months.

      5. A class exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      6. In this section and section 215, class exemption means an exemption granted under subsection (1) that relates to—

      7. more than 1 person specified by the Director-General; or
        1. a class of persons, organisations, or other things.

          Notes