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Emergency Management Bill (No 2)

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

215: Procedure for granting exemption

You could also call this:

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

Illustration for Emergency Management Bill (No 2)

The Director-General must check a few things before granting an exemption. You need to know the exemption is not too broad and it must align with the purpose of this Act. The Director-General looks at whether the exemption is reasonably necessary and consistent with the Act's purpose. This helps the Director-General make a decision about the exemption. When an exemption is granted, it starts on a specific date and ends on an earlier date, either when it expires or after three years. You should know the exemption can have an expiry date or it can end after three years. The Director-General decides when the exemption starts and ends. The Director-General can grant exemptions with conditions, change them, or cancel them. The Director-General can also replace an exemption before it ends. This means the Director-General has control over the exemption and can make changes as needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1529625.

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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."

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

215Procedure for granting exemption

  1. Before granting an exemption, the Director-General must be satisfied that—

  2. the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
    1. the exemption is consistent with the purpose of this Act.

      1. An exemption—

      2. takes effect on the date specified in the exemption (which, for a class exemption, must not be a date earlier than the date on which the class exemption is published under the Legislation Act 2019); and
        1. expires on the earlier of the following to occur unless it is sooner replaced or revoked:
          1. an expiry date specified in the exemption:
            1. the close of the day that is 3 years after the date on which the exemption took effect.

            2. The Director-General may—

            3. grant the exemption on any terms and conditions that the Director-General thinks fit; and
              1. amend or revoke an exemption; and
                1. replace an exemption before or when it expires.