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Emergency Management Bill (No 2)

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

211: Minister must consider alternatives, benefits and costs, and appropriateness before recommending making of regulations

You could also call this:

"Minister must think carefully before suggesting new rules"

Illustration for Emergency Management Bill (No 2)

If you are the Minister and you want to recommend making new regulations under section 210, you need to think about some things first. You must consider if the regulations are really needed to achieve the purpose of this Act. You also need to think about other ways to achieve this purpose, such as providing information or services. You have to weigh up the good and bad points of proposing the regulations, and think about what might happen if you do nothing. You must be satisfied that the regulations are necessary and the best way to achieve the purpose of this Act, before you recommend making them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1530271.

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

211Minister must consider alternatives, benefits and costs, and appropriateness before recommending making of regulations

  1. This section applies to the Minister if the Minister intends to recommend the making of regulations under section 210 that impose requirements on a person other than the following person or bodies:

  2. the Minister:
    1. the Director-General:
      1. 1 or more Emergency Management Committees (or their employees or agents).

        1. The Minister must, before recommending the making of regulations,—

        2. have regard to—
          1. the extent, if any, to which the regulations are necessary to achieve the purpose of this Act; and
            1. other means in addition to or in place of the regulations that, under this Act or any other legislation, may be used for the purpose of this Act, including providing information, services, or incentives; and
              1. the reasons for and against—
                1. proposing, recommending, or adopting the regulations, including the principal alternative means available; or
                  1. taking no action if this Act does not require otherwise; and
                2. evaluate the likely benefits and costs of the principal alternative means available; and
                  1. be satisfied that the regulations—
                    1. are necessary to achieve the purpose of this Act; and
                      1. are the most appropriate means to achieve that purpose, having regard to their efficiency and effectiveness relative to other means.