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Planning Bill

Enforcement and other matters - Emergency works

279: Emergency response regulations

You could also call this:

"Special rules for emergencies, like natural disasters, to keep people safe"

Illustration for Planning Bill

The Governor-General can make special rules called emergency response regulations. You need to know these rules are for when there is a natural disaster or other emergency. The Minister must recommend these rules and be satisfied they are necessary. The Minister must think about how the rules will affect the environment. They must also talk to other Ministers and groups, like councils and iwi authorities. The Minister can ask for comments from the public and must consider these comments. These emergency rules can only apply to areas where there is a state of emergency. They will stop being in effect after three years, unless they say otherwise. The rules can allow or stop certain activities, and can change how planning decisions are made. The rules are a type of law, and you can find out more about how they are published in the Legislation Act 2019. The Minister can extend the time for people to comment on the rules. The rules can include information from other documents, and can change how long it takes to process permits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540230.

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Topics:
Government and voting > Emergency managementEnvironment and resources > ConservationEnvironment and resources > Town planning
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278: Reimbursement or compensation for emergency works, or

"Paying back costs or getting compensation for emergency work done by the council"

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280: Annual review of emergency response regulations, or

"The Minister checks emergency response rules every year to see if they work well."

Part 6Enforcement and other matters
Emergency works

279Emergency response regulations

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations (emergency response regulations) for the purpose of—

  2. responding to a natural hazard event or other emergency in an area; and
    1. enabling recovery efforts in the affected area (including any work required to improve the resilience or standard of assets).

      1. Before recommending emergency response regulations, the Minister must—

      2. be satisfied that the proposed regulations are necessary or desirable for the purpose of this Act:
        1. be satisfied that the proposed regulations are not broader than is reasonably necessary:
          1. consider the effects on the environment that could occur as a result of the proposed regulations and whether any adverse effects can be avoided, remedied, or minimised:
            1. consult the Minister for Emergency Management and Recovery:
              1. consult the Minister of Conservation if the regulations affect the coastal marine area:
                1. consult any affected councils and the relevant following groups and invite them to provide written comments about the proposed regulations:
                  1. iwi authorities:
                    1. post-settlement governance entities:
                      1. ngā hapū o Ngāti Porou, as defined in section 10 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
                        1. iwi or hapū who are party to a Mana Whakahono a Rohe or joint management agreement that applies in the region:
                          1. customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
                            1. protected customary rights groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
                              1. applicant groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
                              2. have regard to any comments from affected councils and the groups referred to in paragraph (f):
                                1. provide a draft of the proposed regulations to the committee of the House of Representatives that is responsible for the review of secondary legislation:
                                  1. have regard to comments, if any, from the committee of the House of Representatives that is responsible for the review of secondary legislation.

                                    1. Before recommending emergency response regulations, the Minister may invite any other persons or representatives of persons that the Minister considers appropriate (including local community groups), or the public generally, to provide written comments about the proposed regulations.

                                    2. Comments referred to in subsection (2)(i) or written comments provided in response to an invitation from the Minister under subsection (3) must be provided within 5 working days after the draft is provided to the committee or the invitation is received, respectively, unless the Minister extends that period.

                                    3. Written comments provided in response to an invitation from the Minister under subsection (2)(f) must be provided within 10 working days after the invitation is received, unless the Minister extends that period.

                                    4. Emergency response regulations—

                                    5. may apply only to an area where, under the Civil Defence Emergency Management Act 2002, a state of national or local emergency has been declared or notice given of a local or national transition period; and
                                      1. may be made, or continue to apply to that area, after the declaration ceases to have effect or the transition period ends; and
                                        1. expire on the date that is 3 years after the first declaration is made or notice is given, or any earlier date specified in the regulations.

                                          1. Emergency response regulations may—

                                          2. permit, authorise, or prohibit specific activities, while noting that this will not give long-term existing use rights to those activities:
                                            1. modify or alter the plan development processes:
                                              1. apply a temporary stay to types or categories of permit applications (processing and granting of permits):
                                                1. limit or exclude rights of appeal (other than judicial review) in relation to decisions on planning consents, plan changes, or variations:
                                                  1. extend the time frames for lodging retrospective planning consents for emergency works under section 275:
                                                    1. extend or shorten permit processing time frames.

                                                      1. Emergency response regulations may incorporate material by reference. Section 51 applies as if references in that section to a national instrument were references to regulations under this section.

                                                      2. Emergency response regulations are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).