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Emergency Management Bill (No 2)

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

213: Procedure for making rules

You could also call this:

"How the Minister Makes New Rules"

Illustration for Emergency Management Bill (No 2)

The Minister wants to make a new rule. You need to know what they have to do first. They must tell the public about the new rule and what it is for. They have to give people time to comment on the rule. The Minister also has to think about the purpose of the Emergency Management Bill and the costs of the new rule. The Minister can make small changes to a rule without doing all of these things. A small change is one that will not affect people's rights or obligations much.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1529594.

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212: Minister’s power to make rules, or

"The Minister can create rules that people must follow in emergencies."


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

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

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

213Procedure for making rules

  1. Before making a rule under this section, the Minister must—

  2. give public notice of the Minister’s intention to make the rule and a statement specifying the objective of the rule; and
    1. give interested persons reasonable time (as specified in the notice) to make submissions on the proposed rule; and
      1. consult persons and groups as the Minister thinks fit; and
        1. have regard to the following matters:
          1. the purpose of this Act:
            1. the costs of implementing measures for which the rule is being proposed:
              1. any other matters that the Minister considers appropriate in the circumstances.
              2. The Minister may make a minor change to a rule without meeting the requirements in subsection (1).

              3. In this section, minor change, in relation to a rule, means a change that the Minister is satisfied will have—

              4. no effect, or no likely effect, on the rights of any person; and
                1. no effect, or no more than a minor effect, on the obligations of any person.