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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during transition periods - Application and exercise of powers in sections 160 to 165

158: When Recovery Managers may exercise powers

You could also call this:

"When can Recovery Managers use their special powers to help people?"

Illustration for Emergency Management Bill (No 2)

You can be a Recovery Manager who has special powers. You can use these powers if you are in charge of the area and you think it is in the public interest. You must also think it is necessary or desirable to help people recover quickly and effectively. You need to think if using your powers is proportionate in the circumstances. However, there is an exception. If you think using your powers is necessary to save people's lives, as stated in section 161(2), you can use them even if they are not proportionate. You can only use your powers for the areas you are responsible for. This means you have to be careful and only use your powers when it is really necessary. You can find more information about your powers in sections 160 to 165.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1541843.

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157: Application of sections 160 to 165, or

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Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during transition periods: Application and exercise of powers in sections 160 to 165

158When Recovery Managers may exercise powers

  1. A Recovery Manager may exercise the powers conferred on an authorised Recovery Manager by sections 160 to 165 if the exercise of the powers—

  2. is in respect of those areas for which the Recovery Manager is responsible; and
    1. is, in the opinion of the Recovery Manager,—
      1. in the public interest; and
        1. necessary or desirable to ensure a timely and effective recovery; and
          1. proportionate in the circumstances.
          2. However, subsection (1)(b) does not apply if, in the opinion of the Recovery Manager, the exercise of the powers in section 161(2) is necessary to preserve human life.