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Natural Environment Bill

Enforcement and other matters - Emergency works

305: Emergency response regulations

You could also call this:

"Rules to Help Keep You Safe During Emergencies"

Illustration for Natural Environment Bill

The Governor-General can make emergency response regulations to help with natural hazards or emergencies. You will be affected by these regulations if you live in an area where a state of emergency has been declared. The Minister must consider the effects of the regulations on the environment and people before recommending them. The Minister has to talk to other Ministers and groups, like iwi authorities and councils, before making emergency response regulations. You can give your thoughts on the proposed regulations if you are invited to do so. The Minister will think about your comments when deciding what to do. Emergency response regulations can be used to control what happens in an area after a natural hazard or emergency. They can say what you can and cannot do in that area. These regulations will only apply for a certain amount of time, usually up to three years. The regulations can also change how permits are handled, and can even stop some permits from being processed for a while. They might limit your ability to appeal decisions about permits. The Minister can extend the time it takes to process permits if 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=LMS1521386.

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Topics:
Government and voting > Emergency managementEnvironment and resources > ConservationHealth and wellbeing > Public health
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"Checking if emergency response rules are working well every year"

Part 6Enforcement and other matters
Emergency works

305Emergency 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 natural resources or people 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 natural resource permits, plan changes, or variations:
                                                  1. extend the time frames for lodging retrospective natural resource permits for emergency works under section 301:
                                                    1. extend or shorten permit processing time frames.

                                                      1. Emergency response regulations may incorporate material by reference. Section 75 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).