Emergency Management Bill (No 2)

Emergency Management Bill (No 2) The Parliament of New Zealand enacts as follows: 1 Title This Act is the Emergency Management Act (No 2) 2025 . 2 Commencement This Act comes into force on the day after Royal assent, with some exceptions. Sections 174 to 178 (which relate to compliance orders) come into force 6 months after Royal assent. The following provisions come into force 12 months after Royal assent: a section 44 (which relates to the obligation on chief executives of territorial authorities regarding the use and provision of resources): b sections 52 , 54 , 57 , 58 , and 59(1) (c) to (f) (which relate to District Controllers and Local Controllers): c sections 61 , 63 , 66 , 67 , and 68(1) (c) to (f) (which relate to District Recovery Managers and Local Recovery Managers): d section 86(2)(a) (which relates to the obligation on the Director-General when developing a proposal relating to a review of the national emergency management plan to identify and engage with disproportionately affected communities): e section 91(1)(k) to (m) (which relates to certain content of regional emergency management plans). Sections 69 , and 70 , and 83 (which relate to lead agencies) come into force— a on a single date set by Order in Council; but b if they have not come into force by the second anniversary of Royal assent, they come into force then. An order under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Purpose The purpose of this Act is to promote and improve the management of hazards and to support the social, economic, cultural, and environmental well-being and safety of the public by providing for the following matters: a promoting and improving the sustainable management of hazards: b protecting property: c encouraging and enabling communities to achieve acceptable levels of risk, including by the following means: i identifying, assessing, and managing risks: ii consulting and communicating about risks: iii identifying and implementing cost-effective risk reduction: iv monitoring and reviewing those processes: d planning and preparing for emergencies and for response and recovery in the event of an emergency: e requiring local authorities to co-ordinate, through Emergency Management Committees, planning, programmes, and activities related to emergency management across the stages of reduction, readiness, response, and recovery, and encouraging co-operation and joint action within those Committees: f providing for the integration of national and local emergency management planning and activity through the alignment of local planning with a national emergency management strategy and national emergency management plan: g encouraging the co-ordination of emergency management, planning, and related activities among the wide range of agencies and organisations preventing or managing emergencies under this Act and the relevant legislation listed in Schedule 2 . 4 Outline of Act This Act is divided into 5 6 Parts. This Part covers the following preliminary matters: a the purpose of this Act: b definitions of terms used in this Act: c transitional and savings provisions needed for this Act: d the extent to which this Act binds the Crown. Part 2 is about the role-holders in the emergency management system. It has the following subparts: a subpart 1 provides for national role-holders, including the Director-General of Emergency Management, the National Controller, and the National Recovery Manager: b subpart 2 provides for regional role-holders, including the Emergency Management Committees, Emergency Management Co-ordinating Executive Groups, local authorities, Regional Controllers and Recovery Managers, District Controllers and Recovery Managers, and Local Controllers and Recovery Managers: c subpart 3 provides for the role of lead agencies, emergency services, and essential infrastructure providers. Part 3 is about the planning documents required for the emergency management system, including the national emergency management strategy, the national emergency management plan, regional emergency management plans, and essential infrastructure sector response plans. Part 4 is about emergency response and recovery. It includes the following subparts: a subpart 1 provides for the declaration of states of national and local emergency: b subpart 2 provides for the powers that may be exercised during states of national and local emergency: c subpart 3 provides for the declaration of national and local transition periods: d subpart 4 provides for the powers that may be exercised during national and local transition periods. Part 5 is about compensation, civil liability, enforcement, appeals, and secondary legislation. It includes the following subparts: a subpart 1 enables role-holders to require certain information to be provided for emergency management and sets out restrictions on the use of that information: b subpart 2 establishes a regime for compliance orders to require compliance with this Act and related secondary legislation and plans: c subpart 3 provides for offences for failing to comply with certain requirements in this Act: d subpart 4 provides for compensation for damage arising from the exercise of powers or the carrying out of actions or measures under this Act: e subpart 5 provides for the service of documents and appeals: f subpart 6 authorises the making of regulations and rules under this Act. Part 6 is about amendments to other legislation and the repeal of the Civil Defence Emergency Management Act 2002 . This section is for explanation only and does not affect the provisions to which it refers. 5 Interpretation In this Act, unless the context otherwise requires,— administering authority means the administering authority for a multi-member Emergency Management Committee described in section 37 aircraft has the same meaning as in section 5 of the Civil Aviation Act 2023 area — a means all the districts and regions of the local authorities that are members of one make up a single Emergency Management Committee; and b extends to— i the landward boundary of the territorial authorities of the Emergency Management Committee; and ii the seaward boundary of the regional councils or unitary authorities of the Emergency Management Committee associate member means a member of a multi-member Emergency Management Committee appointed under clause 31 of Schedule 7 of the Local Government Act 2002 who— a is not an elected member of a local authority; and b in the opinion of the Committee, has the skills, attributes, or knowledge that will assist the work of the Committee authorised mayor-elect means a mayor-elect who is authorised under section 50A chief executive means the chief executive of the department Committee’s internet site means an internet site maintained by, or on behalf of, an Emergency Management Committee constable , in Part 4 , includes any person acting under the authority of a constable Controller means any of the following: a the National Controller: b a Regional Controller: c a District Controller: d a Local Controller Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002 Director-General of Emergency Management or Director-General means the chief executive of the department Director-General’s internet site means an internet site maintained by, or on behalf of, the Director-General disproportionately affected community means a community that has existing vulnerabilities or specific needs that mean that it is likely to be affected more significantly in the case of an emergency disproportionately affected community means a community that, if an emergency occurs,— a will or is likely to be significantly more affected by the emergency than other communities; and b because it is significantly more affected, will or is likely to have increased vulnerabilities or specific needs during or after the emergency district has the same meaning as in section 5(1) of the Local Government Act 2002 District Controller means a person appointed as a District Controller under section 52 District Controller — a means a person appointed as a District Controller under section 52 ; and b includes a person appointed to act in the role of a District Controller under that section District Recovery Manager means a person appointed as a District Recovery Manager under section 61 District Recovery Manager — a means a person appointed as a District Recovery Manager under section 61 ; and b includes a person appointed to act in the role of a District Recovery Manager under that section emergency has the meaning set out in section 6 (1) emergency ambulance service means an organisation that the Minister identifies as an emergency ambulance service by notice in the Gazette emergency management — a means the application of knowledge, measures, and practices that— i are necessary or desirable for the safety of the public or property; and ii are designed to guard against, prevent, reduce, recover from, or overcome any hazard, harm, or loss that may be associated with any emergency; and b includes planning, organising, co-ordinating, and implementing those measures, knowledge, and practices Emergency Management Committee or Committee means a Committee continued in accordance with section 23 or established or re-established under section 35 or 36 Emergency Management Co-ordinating Executive Group or Co-ordinating Executive Group means a Group established appointed and maintained under section 39 emergency management plan means— a a national emergency management plan; or b a regional emergency management plan emergency services means the following services: a the New Zealand Police: b Fire and Emergency New Zealand: c the emergency ambulance services (as identified by notice in the Gazette under section 72A ) : d providers of health services essential infrastructure has the meaning set out in section 7 (1) essential infrastructure provider has the meaning set out in section 7 (1) hazard means something that may cause, or contribute substantially to the cause of, an emergency health services means personal health services and public health services within the meaning of those terms in section 4 of the Pae Ora (Healthy Futures) Act 2022 lead agency means a government agency identified in the national emergency management plan as the lead agency in respect of emergencies caused or contributed to by a particular hazard has the meaning set out in section 69(1AAA) local authority has the same meaning as in section 5(1) of the Local Government Act 2002 local authority member , in relation to a multi-member Emergency Management Committee, means a local authority that is a member of the Committee Local Controller means a person appointed as a Local Controller under section 54 Local Recovery Manager means a person appointed as a Local Recovery Manager under section 63 local transition period means a local transition period declared under section 145 mayor-elect has the meaning set out in section 50A(5) member , in relation to a multi-member Emergency Management Committee, means— a a local authority that is a member of the Committee; and b any associate member appointed to the Committee multi-member Emergency Management Committee has the meaning set out in section 25(2) National Controller means the person who is the National Controller in accordance with section 19 National Controller — a means the person who is the National Controller in accordance with section 19 ; and b includes a person who has been appointed to act in the role of the National Controller under section 19(6A) national emergency management plan or national plan means a plan made by regulations made under section 82 national emergency management strategy means a strategy completed made and in effect under section 77 National Recovery Manager means the person who is the National Recovery Manager under section 20 National Recovery Manager — a means the person who is the National Recovery Manager under section 20 ; and b includes a person who has been appointed to act in the role of the National Recovery Manager under section 20(6A) national significance , in relation to an occurrence or a thing, includes, without limitation, any case where the Minister or the Director-General considers that at least 1 of the following applies: a there is widespread public concern about or interest in the occurrence or thing : b there the occurrence or thing is likely to be require significant use of resources: c it the occurrence or thing is likely that to affect the area of more than 1 Emergency Management Committee will be affected : d it the occurrence or thing affects, is likely to affect, or is relevant to New Zealand's international obligations: e it the occurrence or thing results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment) national transition period means a national transition period declared under section 142 owner , in relation to a structure, includes a person who owns part of the structure provider of health services means a provider as defined in section 4 of the Pae Ora (Healthy Futures) Act 2022 who provides services within the meaning of paragraphs (a) and (b) of the definition of services in section 4 of that Act public place — a means a place that, at any material time, is open to or is being used by the public,— i whether free or on payment of a charge; and ii whether or not an owner or occupier of the place is lawfully entitled to exclude or reject any person; and b includes, without limitation, an aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward public service agency has the same meaning as in section 5 of the Public Service Act 2020 recovery means the co-ordinated efforts and processes used to bring about the immediate, medium-term, and long-term holistic regeneration and enhancement of a community following an emergency recovery activity has the meaning set out in section 8 Recovery Manager means any of the following: a the National Recovery Manager: b a Regional Recovery Manager: c a District Recovery Manager: d a Local Recovery Manager region has the same meaning as in section 5(1) of the Local Government Act 2002 Regional Controller means a person appointed as a Regional Controller under section 51 or 53 Regional Controller — a means a person appointed as a Regional Controller under section 51 or 53 ; and b includes a person appointed to act in the role of a Regional Recovery Controller under either of those sections regional council has the same meaning as in section 5(1) of the Local Government Act 2002 regional emergency management plan or regional plan means a plan prepared and approved under section 90 regional emergency management planning standard means a standard issued under section 100 Regional Recovery Manager means a person appointed as a Regional Recovery Manager under section 60 or 62 Regional Recovery Manager — a means a person appointed as a Regional Recovery Manager under section 60 or 62 ; and b includes a person appointed to act in the role of a Regional Recovery Manager under either of those sections regulations means regulations made under this Act relevant legislation — a means legislation that may be relevant to emergency management; and b includes , without limitation, the legislation specified in Schedule 2 , to the extent that it is relevant to emergency management representative , in relation to a local authority, — a means an elected member of a local authority (within the meaning of paragraph (c) of the definition of member in section 5(1) of the Local Government Act 2002 ) ; and b includes an elected member of a community board established under section 49 of the Local Government Act 2002 that Act risk means the likelihood and consequences of a hazard road has the same meaning as in section 2(1) of the Land Transport Act 1998 rules means rules made under this Act sector response plan means a plan developed and approved under section 104 ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 state of emergency means— a a state of national emergency; or b a state of local emergency state of local emergency means a state of local emergency declared under section 113 state of national emergency means a state of national emergency declared under section 109 territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002 transition period means— a a national transition period; or b a local transition period unitary authority has the same meaning as in section 5(1) of the Local Government Act 2002 unitary authority Emergency Management Committee has the meaning set out in section 25(4) vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998 ward has the same meaning as in section 5(1) of the Local Electoral Act 2001. 6 Meaning of emergency In this Act, an emergency is a situation that— a is the result of any happening, whether natural or otherwise; and b causes or may cause either or both of the following: i the loss of human life or injury, illness, or distress to people; or ii a threat, in any way, to the safety of the public or property; and c requires a significant and co-ordinated response under this Act (for example, because emergency services are unable to adequately address it). In this section, happening includes, without limitation, the following: a an explosion: b volcanic activity: c an earthquake or land movement: d a tsunami or flood: e a storm, tornado, or cyclone: f a serious fire: g a leakage or spillage of any dangerous gas or substance: h technological failure: i an infestation, a plague, or an epidemic pandemic : ia a major transport incident: j a failure of, or disruption to, an emergency service or essential infrastructure: k an actual or imminent attack or warlike act. 7 Meanings of essential infrastructure and essential infrastructure provider In this Act,— essential infrastructure means the infrastructure components that are necessary to deliver an essential service essential infrastructure provider means an entity or a member of a class of entities that— a provides, or is responsible for providing, essential infrastructure; and b is named or described in Schedule 3 . In this section,— essential service means a service that underpins or is necessary for any of the following: a public order: b public safety: c public health: d national security: e the functioning of the economy or society of the whole or part of New Zealand infrastructure components means assets, information, networks, systems, suppliers, people, and processes. 8 Meaning of recovery activities In this Act, recovery activities means activities carried out under this Act or an emergency management plan to deal with the consequences of an emergency, including, without limitation,— a the actions acts specified in subsection (2) : b the measures specified in subsection (3) . The specified actions acts are the following: a assessing and ongoing monitoring of the needs of a community affected by the emergency: b co-ordinating and integrating planning, decisions, actions, and resources. The specified measures are the following: a measures to support the regeneration, restoration, and enhancement of communities across the built, natural, social, and economic environments: b measures to support the cultural and physical well-being of individuals and their communities: c measures to support government and non-government organisations and entities working together: d measures to enable community participation , including the participation of iwi and Māori, in recovery planning: e new measures— i to reduce risks from hazards; and ii to build resilience. 9 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 10 Act binds the Crown This Act binds the Crown. This section is subject to section 11 . 11 Enforcement of Act against the Crown This Act may be enforced against the Crown only in the manner provided in this section. A compliance order served under section 174 may be issued against an instrument of the Crown, but only if— a the instrument is a Crown organisation; and b the order is served against on the Crown organisation in its own name. An order may be made by the District Court against an instrument of the Crown in accordance with section 178 , but only if— a the instrument is a Crown organisation; and b the order is served made against the Crown organisation in its own name. An instrument of the Crown may be prosecuted for an offence against section 187 , but only if— a the instrument is a Crown organisation; and b the proceedings are commenced— i against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and ii in accordance with the Crown Organisations (Criminal Liability) Act 2002. 12 Act does not limit other functions, duties, or powers Unless this Act otherwise provides, this Act does not limit or affect, and does not apply in substitution for, the functions, duties, or powers of any person under any other legislation or rule of law. 13 Precautionary approach This section applies to a person who performs functions in relation to developing or implementing an emergency management plan under this Act. The person may adopt a cautious approach to managing risk under an emergency management plan even if there is scientific or technical uncertainty about the nature and extent of the risk. 14 Functions of Director-General of Emergency Management The functions of the Director-General of Emergency Management are to— a identify hazards and risks that the Director-General considers may be of national significance: b monitor and evaluate the national emergency management strategy: c develop, monitor, and evaluate the national emergency management plan: d develop, in consultation with the relevant persons and organisations that have responsibilities under this Act, any guidelines, codes, or technical standards that may be required for the purposes of this Act: e monitor the performance of Emergency Management Committees and persons who have responsibilities under this Act: f promote emergency management that is consistent with the purpose of this Act: g keep the Minister informed, and provide advice, about any situation in which there is an imminent threat of an emergency: h during a state of national emergency or a national transition period, direct and control for the purposes of this Act the resources available for emergency management: i monitor and enforce compliance with this Act: j perform any other functions that are conferred or imposed on the Director-General by or under this Act or any other enactment: k perform any functions that are incidental and related to, or consequential on, the Director-General’s functions in paragraphs (a) to (j) . 15 Powers of Director-General The Director-General has all the powers that are reasonably necessary or expedient to enable the Director-General to perform the functions of the role, including the powers set out in subsections (2) to (4) . The Director-General may— a co-ordinate the use of specified resources ( see subsection (6) ) for the purposes of this Act, including in relation to the following matters: i providing transport: ii removing endangered persons and casualties from any area affected by an emergency to areas of safety or to hospitals or other medical care providers: iii providing medical care and attention to casualties: iv relieving human distress and suffering: v providing accommodation, food, care, and protection for persons: vi providing other services necessary to restore community services and provide for the welfare of the public; and b during a state of national emergency or national transition period, use the specified resources for the purposes of this Act, including — in relation to the matters set out in paragraph (a) . i in relation to the matters set out in paragraph (a) ; and ii for the purposes of any state of local emergency or local transition period when a state of national emergency or a national transitional period is in force concurrently for an area, district, or ward. The Director-General may,— a during a state of national emergency or national transition period, direct the performance or exercise of the functions, duties, and powers of Emergency Management Committees, Regional Controllers, District Controllers, Local Controllers, Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers: b devise, promote, and carry out, or cause to be carried out, research and investigations into matters relating to emergency management: c issue or direct the issue of hazard warnings and notifications: d co-ordinate the planning of emergency management between Emergency Management Committees: e give advice in relation to, and assist in, the planning, preparation, co-ordination, and carrying out of emergency management. The Director-General may issue guidelines, codes, or technical standards to any person or organisation with responsibilities under this Act, including guidelines, codes, or technical standards for— a the establishment and operation of Emergency Management Committees and Emergency Management Co-ordinating Executive Groups: b the development of regional emergency management plans and operational plans for responding to, and recovery from, specific emergencies: c the development of strategic recovery planning for emergencies: d the development by the Crown, local authorities, emergency services, and essential infrastructure providers of plans required under this Act: e the operational role of Controllers, Recovery Managers, and other persons with responsibilities under this Act: f any other matters that the Director-General considers are— i necessary or desirable ; and ii consistent with the purposes of this Act. See also section 170 , which authorises the Director-General to require information. In this section, specified resources means any of the following: a personnel: b materials: c information: d services: e any other resources made available by public service agencies, Emergency Management Committees, emergency services, the New Zealand Defence Force (as provided for under the Defence Act 1990 ), and other persons. 16 Director-General must act consistently with national emergency management strategy In performing or exercising the functions, duties, and powers of the Director-General under this Act, the Director-General must act consistently with the national emergency management strategy made under section 77 . 17 Statements by Director-General The Director-General may, for the purpose of protecting the public, publish statements relating to— a any emergency; or b the performance or non-performance of any duty imposed on any person by or under this Act. A statement published under this section is protected by qualified privilege. 18 Power of Director-General to act on default by others If an Emergency Management Committee or person (other than the Minister) fails to commence or to complete the performance of a function or duty under this Act within the time that the Director-General considers reasonable, the Director-General may commence and complete the performance of the function or duty. For the purposes of this section, the Director-General may employ any officers, employees, contractors, and other persons that may be necessary. Subject to subsections (4) to (6) , if a function or duty is performed by or on behalf of the Director-General under this section, it must be treated for all purposes as having been performed by the Emergency Management Committee or person responsible for performing the function or duty. All expenses incurred by the Director-General under this section must be authorised in accordance with the Public Finance Act 1989 . An expense incurred, together with reasonable costs for its administration,— a is recoverable as a debt due to the Crown from the Emergency Management Committee or the person responsible for performing the function or duty; or b may be recovered by deduction from any money payable by the Crown to that Emergency Management Committee or the person responsible for performing the function or duty. All money recovered or deducted under subsection (5) must be paid into a Crown Bank Account or a Departmental Bank Account in accordance with section 65U of the Public Finance Act 1989. 19 Role of National Controller The National Controller is— a the Director-General; or b if a delegation under subsection (2) is in force, the Director-General’s delegate. The Director-General may, in writing, delegate any function or power or all of the functions and powers of the Director-General referred to in sections 14(i) 14(h) and 15(2) to any suitably qualified and experienced person for the purpose of dealing with a state of national emergency. If no delegation has been made under subsection (2) , the Director-General has all the powers conferred on the National Controller by this Act. A person to whom functions and powers are delegated under subsection (2) , while the delegation is in force, has all the powers conferred on the National Controller by this Act. The Director-General may exercise the power to delegate at any time, whether or not a state of national emergency is in force or is imminent. Section 22 applies to an exercise of the power of delegation under subsection (2) or by a person appointed under subsection (6A) . If a delegation has been made to a person under subsection (2) ,— a the Director-General may also appoint 1 or more suitably qualified and experienced persons to act in the role of the delegate in the event that the delegate is absent from duty; and b during the delegate’s absence, the person or persons may perform or exercise the functions, duties, or powers of the delegate, including the powers conferred on the National Controller by this Act. See also section 170 , which authorises the National Controller to require information. 19A Person authorised by National Controller The National Controller may authorise a suitably qualified and experienced person to perform or exercise the functions, duties, or powers of the National Controller (including any functions and powers delegated under section 19(2) and the powers conferred on the National Controller by this Act). If a person is authorised under subsection (1) , the National Controller remains responsible and accountable under this Act for the performance or exercise of the functions, duties, or powers of the role. 20 Role of National Recovery Manager The National Recovery Manager is— a the Director-General; or b if a delegation under subsection (2) is in force, the Director-General’s delegate. The Director-General may, in writing, delegate any or all of the functions and powers of the Director-General referred to in sections 14(i) 14(h) and 15(2) to any suitably qualified and experienced person for the purpose of dealing with a national transition period. If no delegation has been made under subsection (2) , the Director-General has all the powers conferred on the National Recovery Manager by this Act. A person to whom functions and powers are delegated under subsection (2) , while the delegation is in force, has all the powers conferred on the National Recovery Manager by this Act. The Director-General may exercise the power of delegation at any time, whether or not a national transition period is in force or is imminent. Section 22 applies to an exercise of the power of delegation under this section subsection (2) or by a person appointed under subsection (6A) . If a delegation has been made to a person under subsection (2) ,— a the Director-General may also appoint 1 or more suitably qualified and experienced persons to act in the role of the delegate in the event that the delegate is absent from duty; and b during the delegate’s absence, the person or persons may perform or exercise the functions, duties, or powers of the delegate, including the powers conferred on the National Recovery Manager by this Act. See also section 170 , which authorises the National Recovery Manager to require information. 20A Person authorised by National Recovery Manager The National Recovery Manager may authorise a suitably qualified and experienced person to perform or exercise the functions, duties, or powers of the National Recovery Manager (including any functions and powers delegated under section 20(2) and the powers conferred on the National Recovery Manager by this Act). If a person is authorised under subsection (1) , the National Recovery Manager remains responsible and accountable under this Act for the performance or exercise of the functions, duties, or powers of the role. 21 Delegation of powers of Director-General The Director-General may, in writing, either generally or particularly, delegate to any public service employee (within the meaning of section 65 of the Public Service Act 2020 ) all or any of the functions, duties, and powers that the Director-General may perform or exercise under this Act, except this power of delegation and the powers under sections 19(2) and 20(2) . A delegation under this section may be made to a specified employee or to employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices. Section 22 applies to an exercise of the power of delegation under this section. This section— a does not limit the Director-General’s power to delegate to a National Controller under section 19(2) or to a National Recovery Manager under section 20(2) ; and b if a delegation has been made under section 19(2) or 20(2) , must not be used to delegate any or all of the functions and powers of the Director-General that have been delegated to a National Controller under section 19(2) or a National Recovery Manager under section 20(2) referred to in sections 14(i) and 15(2) . 22 Provisions relating to delegation of Director-General’s functions A person purporting to act under any delegation under section 19 , 20 , or 21 is presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. A delegation under any of those sections— a may be revoked in writing at will: b does not prevent the Director-General from exercising any function, duty, or power: c continues according to its tenor until it is revoked, despite any change in the person holding office as Director-General. If a delegation is in force under section 19(2) or 20(2) , the Director-General must not perform any function or exercise any power that has been delegated under that section. Subsection (2)(b) does not apply in relation to functions, duties, and powers delegated to— a a National Controller under section 19(2) ; or b a National Recovery Manager under section 20(2) . A delegation under section 21 does not prevent the Director-General from performing or exercising any function, duty, or power. A delegate may perform or exercise the delegated functions and or powers in the same manner and with the same effect as if they had been conferred directly and not by delegation, except to the extent that any general or special directions given or conditions attached by the Director-General apply. A person to whom functions, duties, and powers are delegated under any of those sections is not, just because of the delegation, to be treated as employed in the service of the Crown for the purposes of— a the Public Service Act 2020 ; or b the Government Superannuation Fund Act 1956 . 23 Emergency Management Committees Civil Defence Emergency Management Groups in existence under the Civil Defence Emergency Management Act 2002 immediately before the commencement of this Act continue in existence as Emergency Management Committees in accordance with clauses 9(1)(a) and (b) and 11 of Schedule 1 . Clause 30(5) or (7) of Schedule 7 of the Local Government Act 2002 must not be read as permitting, during a term of local government or as a consequence of a local government election, the discharge or reconstitution of (which provides for the discharge and reconstitution of local authority committees) does not apply to an Emergency Management Committee maintained for the purposes of this Act. 24 Members of Emergency Management Committees Each local authority must be a member of an Emergency Management Committee, unless it is a unitary authority that is a unitary authority Emergency Management Committee ( see section 25(5) ). No Committee (other than a Committee to which subsection (3) applies) may have more than 1 regional council as a member unless a merger has been approved under section 35 . Unitary authorities that border one another may be members of the same Committee. If, as a result of a local government reorganisation described in section 36(1) ,— a a territorial authority’s district is completely within the region of a regional council, the territorial authority must be a member of the Committee of which the regional council is a member: b a territorial authority’s district is within the region of more than 1 regional council ( see section 36 ), the territorial authority must be a member of one 1 of the Committees of which one of those regional councils is a member. Despite section 22 of the Local Government Act 2002 , the Minister (within the meaning of section 5(1) of that Act ) is not required to be a member of a Committee. 25 Multi-member and unitary authority Emergency Management Committees An Emergency Management Committee is either a multi-member Emergency Management Committee or a unitary authority Emergency Management Committee. A multi-member Emergency Management Committee is an Emergency Management Committee made up of— a a regional council and the territorial authorities within the same region; or b a unitary authority together with either or both of the following: i 1 or more other unitary authorities whose districts border the unitary authority: ii a regional council whose region borders that of the unitary authority and the territorial authorities within that region. In addition, a multi-member Emergency Management Committee may appoint 1 or more associate members. A multi-member Emergency Management Committee is a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 . A unitary authority Emergency Management Committee is an Emergency Management Committee made up of a single unitary authority. If a unitary authority is a unitary authority Emergency Management Committee, the unitary authority is the Emergency Management Committee (rather than a member of the Emergency Management Committee) for the purposes of this Act. A unitary authority Emergency Management Committee must appoint a committee under clause 30(1)(a) of Schedule 7 of the Local Government Act 2002 to perform and exercise its functions, duties, and powers as an Emergency Management Committee under this Act. See clause 31 of Schedule 7 of the Local Government Act 2002 , under which a unitary authority may appoint persons who are not elected members of a local authority to the committee appointed under clause 30(1)(a) of that schedule. 26 Representation on multi-member Emergency Management Committees Each local authority member of a multi-member Emergency Management Committee must be represented on the Committee by 1 person, being — a 1 person, being the mayor or chairperson of that local authority; or b an elected person from that local authority who has delegated authority to represent the local authority. 27 Functions of multi-member Emergency Management Committees The functions of a multi-member Emergency Management Committee are to— a do the following in relation to hazards and risks within the Committee’s area: i take the lead in identifying and assessing those hazards and risks: ii co-ordinate the management of those hazards and risks: iii identify and implement cost-effective risk reduction: iv assist each local authority member of the Committee to— A identify and assess those hazards and risks relevant to that member: B consult and communicate with the communities within that member’s region or district about those hazards and risks: b ensure that suitably trained and competent personnel, including volunteers, are available and that there is an appropriate organisational structure for those personnel for effective emergency management in its area: c respond to and manage the adverse effects of emergencies in its area: d in advance of an emergency, plan for recovery activities in its area: e in the event of an emergency, carry out recovery activities in its area: f when requested, assist other Committees with emergency management in their areas (having regard to the competing demands for emergency management within the Committee’s own area and any requests for assistance from other Committees): g within its area, promote and raise public awareness of, and compliance with, this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2 ): h monitor and report on compliance within its area with this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2 ): i develop, approve, implement, and monitor a regional emergency management plan and regularly review the plan: j participate in the development of the national emergency management strategy and the national emergency management plan (including any revisions to, or replacements for, those instruments): k promote emergency management in its area that is consistent with the purpose of this Act. A multi-member Emergency Management Committee also has any other functions that are conferred or imposed under this Act or any other enactment. 28 Functions of unitary authority Emergency Management Committees A unitary authority Emergency Management Committee must plan and provide for emergency management within its area. The functions of the Committee are to— a do the following in relation to hazards and risks within its area: i identify and assess those hazards and risks: ii manage those hazards and risks: iii identify and implement cost-effective risk reduction: iv consult and communicate with the communities within that region or district the area about those hazards and risks: b ensure that suitably trained and competent personnel, including volunteers, are available and there is an appropriate organisational structure for those personnel for effective emergency management in its area: c take all steps necessary or desirable to maintain and provide, or to arrange the provision of, or otherwise to make available, material, services, information, and any other resources for effective emergency management: d respond to and manage the adverse effects of emergencies in its area: e in advance of an emergency, plan for recovery activities in its area: f in the event of an emergency, carry out recovery activities in its area: g when requested, assist other Committees with emergency management in their areas (having regard to the competing demands for emergency management within the Committee’s own area and any requests for assistance from other Committees): h within its area, promote and raise public awareness of, and compliance with, this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2 ): i monitor and report on compliance within its area with this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2 ): j develop, approve, implement, and monitor a regional emergency management plan and regularly review the plan: k participate in the development of the national emergency management strategy and the national emergency management plan (including any revisions to, or replacements for, those instruments): l promote emergency management in its area that is consistent with the purpose of this Act. A unitary authority Emergency Management Committee also has any other functions that are conferred or imposed on a Committee under this Act or any other enactment. 29 General powers of Emergency Management Committees An Emergency Management Committee has all the powers that are reasonably necessary or expedient to enable it to perform its functions and duties , including the power to delegate any of its functions , duties, or powers to local authority members of the Committee, the Regional Controller, the Regional Recovery Manager, or any other persons. Those powers include, without limitation, the power to— a recruit and train volunteers for emergency management tasks: b conduct emergency management training exercises, practices, and rehearsals: c issue and control the use of signs, badges, insignia, and identification passes authorised under this Act: d provide, maintain, control, and operate warning systems: e provide communications, equipment, accommodation, and facilities for the performance and exercise of the Committee’s functions , duties, and powers during an emergency: ea authorise a person to act as an office holder for the purposes of section 137 (which relates to applications for warrants to obtain information): eb in the case of a multi-member Emergency Management Committee, remunerate an associate member of the Committee for the cost of that person’s participation in the Committee: f perform any other function that is necessary to give effect to any emergency management plan. See also section 170 , which authorises an Emergency Management Committee to require information. 30 Powers and duties of local authority members of multi-member Emergency Management Committees Each local authority member of an a multi-member Emergency Management Committee— a may acquire, hold, and dispose of real or personal property for the use of the Committee; and b may remunerate its representative for the cost of that person's participation in the Committee; and c must provide to the Committee the information or reports that may be required by the Committee; and d must pay the costs of administrative and related services in accordance with section 38 ; and e must pay the costs, or a share of the costs, of any emergency management activity that the member has agreed to pay; and f may carry out any other functions or duties conferred on a member of a Committee under this Act. 30A Certain powers of multi-member Emergency Management Committees not to be exercised by associate members This section applies to a multi-member Emergency Management Committee that includes 1 or more associate members. In any vote of the Committee that relates to the exercise of a power set out in section 125(1) , the associate members must be treated as non-voting members of the Committee. 31 Emergency Management Committees must act consistently with national emergency management strategy In performing or exercising its functions, duties, and powers under this Act, an Emergency Management Committee must act consistently with the national emergency management strategy made under section 77 . 32 Appointment of chairperson and deputy chairperson Each multi-member Emergency Management Committee may appoint one of a chairperson and a deputy chairperson from the representatives of its local authority members to act as chairperson . The appointed A person appointed as chairperson or deputy chairperson — a holds office for the period agreed by the Committee at the time of the appointment; but b ceases to hold office if that person ceases to be a representative of a local authority member of the Committee. See clause 26 of Schedule 7 of the Local Government Act 2002 , which applies in relation to chairpersons of unitary authority Emergency Management Committees. — a applies in relation to chairpersons and deputy chairpersons of the committees referred to in section 25(6) ; and b includes further provisions that apply in relation to chairpersons and deputy chairpersons of multi-member Emergency Management Committees. 33 Standing orders applicable at meetings of multi-member Emergency Management Committees At the meetings of a multi-member Emergency Management Committee, the Committee must follow the standing orders that have been adopted under clause 27 of Schedule 7 of the Local Government Act 2002 by the local authority that is the Committee’s administering authority. However, the Committee may adopt other standing orders if three-quarters of the representatives of the local authority members of the Committee present at a meeting of the Committee agree. The standing orders adopted in accordance with subsection (2) must not contravene the provisions of the Local Government Act 2002 , the Local Government Official Information and Meetings Act 1987 , or any other enactment. See also clause 27 of Schedule 7 of the Local Government Act 2002 , which applies in relation to standing orders for the committees referred to in section 25(6) unitary authority Emergency Management Committees . 34 Attendance at Emergency Management Committee meetings by audio link or audiovisual link This section applies when— a a member of a multi-member Emergency Management Committee attends any meeting of the Committee; and b in the case of a unitary authority Emergency Management Committee, a member of a committee referred to in section 25(6) attends a meeting of that committee. A representative of a member of an Emergency Management Committee (including a representative of a unitary authority that is a unitary authority Emergency Management Committee) A member referred to in subsection (1AAA) may attend any meeting of the Committee by means of audio link or audiovisual link unless lawfully excluded. The representative member may attend by means of audio link or audiovisual link despite— a clauses 25A(1) and (4) and 27(5)(a) of Schedule 7 of the Local Government Act 2002 ; and b any limitation or condition on the use of an audio link or audiovisual link, or other contrary provision, that is contained in any standing orders that apply to the meeting (including all of the standing orders that apply under section 33 ). A representative member who attends a meeting by means of audio link or audiovisual link in accordance with this section must be counted as present for the purposes of clauses 23 and 30A of Schedule 7 of the Local Government Act 2002 . 35 Mergers of Emergency Management Committees The Minister may approve the merger of any 2 or more Emergency Management Committees. A proposal for a merger under this section must be submitted to the Minister in writing and must include the following information: a the Emergency Management Committees that will be merged to establish the proposed Committee: b the local authorities that will be members of the proposed Committee: c the apportionment between the local authorities of liability for the provision of financial and other resources for the activities of the proposed Committee before the making of a regional emergency management plan, and the basis for that apportionment: d which local authority will be the administering authority. 36 Membership rules in event of local government reorganisations This section applies to local authorities affected by a local government reorganisation that— a creates new regional councils or unitary authorities; or b redraws boundaries of regions between— i 2 or more regional councils or unitary authorities; or ii 2 or more of a combination of both regional councils and unitary authorities; or c extends the district of a territorial authority into the region of another regional council. If this section applies,— a each affected regional council or unitary authority must establish or re-establish, as the case may be, an Emergency Management Committee within 6 months of the effective date of its reorganisation: b each territorial authority whose district is completely within the region or district of the affected regional council must be a member of the Committee of which that regional council is a member: c each territorial authority whose district is in the region of 2 or more affected regional councils must, after consulting the relevant regional councils, join 1 Committee that has at least 1 of those regional councils as a member: d each territorial authority whose district is extended into the region of another regional council must, after consulting the relevant regional councils, join 1 Committee that has at least 1 of those regional councils as a member. A territorial authority's decision to join a particular Committee under subsection (2)(c) or (d) is irrevocable, and must be made within 2 months of the establishment of the Committee. If a territorial authority's decision under subsection (2)(c) or (d) is not made before the expiry of the time limit in subsection (3) , the Minister must direct the territorial authority to join one of the relevant Committees. A territorial authority that is subject to a ministerial direction under subsection (4) must comply with that direction. 37 Administering authorities The administering authority for each multi-member Emergency Management Committee is a regional council or unitary authority that is a member of the Committee. If a Committee has both a regional council and a unitary authority as members, the regional council must be the administering authority for that Committee. Subsections (4) to (7) apply to a Committee that has— a 2 or more regional councils as members; or b 2 or more unitary authorities as members. Within 2 months of the date on which the Committee is established, the local authority members must reach an agreement to appoint one of the regional councils or unitary authorities as the administering authority for that Committee. If the local authority members fail to reach an agreement, the Minister must— a appoint one of the regional councils or unitary authorities as the administering authority; or b direct one, some, or all of the regional councils or unitary authorities to establish their own Committee. A regional council or unitary authority that is subject to a ministerial direction under subsection (5)(b) must comply with that direction. The local authority members may change the administering authority for their Committee only if the Minister approves, in writing, an application from those members to change the administering authority for their Committee. 38 Functions and costs of administering authorities and chief executives of administering authorities An administering authority for an Emergency Management Committee and, as appropriate, the chief executive of that authority are responsible for providing administrative and related services that may from time to time be required by the Committee. The administrative and related services referred to in subsection (1) include services required for the purposes of this Act, the Local Government Act 2002 , or any other enactment that applies to the conduct of a joint committee under clause 30(1)(b) of Schedule 7 of that Act . The cost of the administrative and related services must be agreed from time to time by the Committee. Unless the local authority members of the Committee agree otherwise, each local authority member of the Committee must pay an equal share of the costs agreed under subsection (3) must be divided equally among the members and each member must pay 1 share of the cost . 39 Appointment of Emergency Management Co-ordinating Executive Group An Emergency Management Committee must appoint and maintain an Emergency Management Co-ordinating Executive Group. The membership of each Committee’s Co-ordinating Executive Group consists must consist of— a the chief executive of each member of the Emergency Management Committee or a person acting on the chief executive's behalf; and , or a person acting on behalf of the chief executive, of,— i in the case of a multi-member Emergency Management Committee, each local authority member of the Emergency Management Committee: ii in the case of a unitary authority Emergency Management Committee, the unitary authority; and b a senior Police employee who is assigned for the purpose by the Commissioner of Police; and c a senior employee, volunteer, or contractor of Fire and Emergency New Zealand who is assigned for the purpose by the board of Fire and Emergency New Zealand; and d the chief executive or a senior officer of an emergency ambulance service operating in the area; and e the chief executive or a senior member of a provider of health and disability services operating in the area; and f 1 or more persons with local perspectives of Māori, Māori communities, and their interests and values, including mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture), iwi, and hapū in the area; and understanding of— i local perspectives of Māori and Māori communities in the area (including iwi and hapū, but not necessarily representing a particular iwi or hapū); and ii their interests and values, including mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture); and g 1 or more persons with knowledge, experience, or expertise regarding the interests and needs of rural communities in the area ; and . h any other persons co-opted by the Emergency Management Committee. In addition, an Emergency Management Committee may co-opt any other person to be a member of the Co-ordinating Executive Group. In addition, an An Emergency Management Committee must consider co-opting to the Co-ordinating Executive Group 1 or more persons who, in the opinion of the Committee, have knowledge of the interests of communities related to emergency management in the area that will assist the Co-ordinating Executive Group to fulfil its role under section 40 . 40 Role of Emergency Management Co-ordinating Executive Group An Emergency Management Co-ordinating Executive Group is responsible to the Emergency Management Committee for— a providing advice to the Emergency Management Committee and any subgroups or subcommittees of the Committee (including, in the case of a unitary authority Emergency Management Committee, the committee referred to in section 25(6) ) : b implementing, as appropriate, the decisions of the Emergency Management Committee: c overseeing the implementation, development, maintenance, monitoring, and evaluation of the regional emergency management plan. 41 Provision of support to certain members of Emergency Management Co-ordinating Executive An Emergency Management Committee must ensure that each of the following person s in its Emergency Management Co-ordinating Executive Group has the resources, information, and administrative support necessary to enable them to effectively perform their role as a member of the Co-ordinating Executive Group: a a member appointed under section 39(2)(f) : b a member appointed under section 39(2)(g) . : c a person co-opted under for the purposes of section 39(3) . 42 Role of local authority members of multi-member Emergency Management Committees A local authority that is a member of a multi-member Emergency Management Committee must plan and provide for emergency management within its region or district. In carrying out that obligation, the role of each local authority is to— a do, in relation to hazards and risks within its region or district, the following: i identify and assess those hazards and risks: ii report to the Committee on the identification and assessment of hazards and risks: iii manage those hazards and risks: iv identify how to reduce risks and implement cost-effective risk reduction: v consult and communicate with the communities within that region or district about those hazards and risks: b arrange for the provision of suitably trained and competent personnel, including volunteers, and an appropriate organisation structure for those personnel for effective emergency management: c take all steps necessary or desirable to maintain and provide, or to arrange the provision of, or otherwise to make available, material, services, information, and any other resources for effective emergency management: d respond to and manage the adverse effects of emergencies in its region or district: e in advance of an emergency, plan for recovery activities in its region or district: f in the event of an emergency, carry out recovery activities in its region or district: g when requested, assist other local authorities with emergency management in their regions or districts as appropriate (having regard to the competing emergency management demands within the authority’s own region or district and any other requests for assistance from other local authorities): h within its region or district, promote and raise public awareness of, and compliance with, this Act, and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2 ): i monitor and report to the Committee on compliance within its region or district with this Act and legislative provisions relevant to the purpose of this Act (including the relevant legislation in Schedule 2 ): j do, in relation to a regional emergency management plan of the Committee, the following: i assist with developing and reviewing the plan: ii implement the relevant aspects of the plan: k participate in developing the national emergency management strategy and the national emergency management plan: l promote emergency management in its region or district that is consistent with the purpose of this Act. A local authority that is a member of a multi-member Emergency Management Committee also has any other functions that are conferred or imposed on a Committee under this Act or any other enactment. See section 28 for the functions of a unitary authority that is a unitary authority Emergency Management Committee. 43 Duty of local authorities to continue to function during and after emergency During and after an emergency, a local authority must, to the extent that is reasonably practicable in the circumstances of the emergency, continue to carry out its role under this Act and other legislation. A local authority must ensure that it is able to continue to function, to the fullest possible extent, during and after an emergency, even though this may be at a reduced level. 43A Interaction between emergency management responsibilities and functions, duties, and powers of local authorities under relevant legislation A local authority may meet any of the responsibilities or duties it has under this Act in the course of performing or exercising its functions, duties, or powers under relevant legislation. A multi-member Emergency Management Committee may meet any of the responsibilities or duties it has under this Act in the course of its local authority members performing or exercising the functions, duties, or powers of those members under relevant legislation. A local authority must consider, to the extent relevant, whether performing or exercising its functions, duties, or powers under relevant legislation would enable it to meet, or would contribute to it meeting, the responsibilities or duties it has under this Act. A multi-member Emergency Management Committee must consider, to the extent relevant, whether its local authority members performing or exercising the functions, duties, or powers of those members under relevant legislation would enable the Committee to meet, or would contribute to the Committee meeting, its responsibilities and duties under this Act. Subsections (1) and (3) apply to the following local authorities: a a local authority member of a multi-member Emergency Management Committee: b a unitary authority that is a unitary authority Emergency Management Committee. 44 Role Power of chief executives of territorial authorities to co-ordinate use of resources Subsection (2) applies— a to each local authority (including a unitary authority), other than a regional council: b when no state of emergency or transition period is in force for the local authority’s district. This section applies to a territorial authority (including a unitary authority) if no state of emergency or transition period is in force for the territorial authority’s district. The chief executive of a local the territorial authority must may co-ordinate the use of the personnel, material, information, and other resources made available for the purposes of this Act. A The chief executive may delegate the role in subsection (2) to any person, regardless of whether they are an employee of the relevant local authority. A The chief executive who delegates the role in subsection (2) remains responsible and accountable under this Act for the performance of the role. 45 Costs incurred by local authorities or water organisations in connection with emergency may be reimbursed or paid This section applies to costs that— a are incurred by a local authority or a water organisation— i in connection with an emergency; and ii in respect of emergency management; and b meet the criteria for being reimbursed or paid in a Government policy that was in force before the emergency occurred. Expenses may be incurred, without further appropriation than this section,— a to reimburse the local authority or the water organisation for those costs; or b to pay public money to meet those costs. In this section, water organisation has the same meaning as in section 4 of the Local Government (Water Services) Act 2025 . 46 Identification of offshore islands requiring emergency management The Minister of Local Government must, by notice in the Gazette ,— a identify every offshore island that the Minister of Local Government considers requires emergency management under this Act; and b for each island identified, assign an Emergency Management Committee to have joint responsibility with the Minister of Local Government for the island’s emergency management. In this section and section 47 , offshore island means a part of New Zealand for which the Minister of Local Government is the territorial authority in accordance with section 22 of the Local Government Act 2002 . A notice under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 47 Joint responsibility of Minister of Local Government and Emergency Management Committee for emergency management of offshore islands The For each offshore island identified by notice under section 46 , the Minister of Local Government and the responsible Emergency Management Committee must together carry out in respect of an the offshore island the functions and duties set out in subsection (2) . The functions and duties are to— a do, in relation to hazards and risks of the offshore island, the following: i identify and assess those hazards and risks: ii manage those hazards and risks: iii identify how to reduce risks and implement cost-effective risk reduction: iv consult and communicate with the communities within the offshore island about those hazards and risks: b take all steps necessary to maintain and provide, or to arrange the provision of, or to otherwise make available material, services, information, and any other resources for effective emergency management: c respond to and manage the adverse effects of emergencies in on the offshore island: d in advance of an emergency, plan for recovery activities in on the offshore island: e in the event of an emergency, carry out recovery activities in on the offshore island: f within on the offshore island, promote and raise public awareness of, and compliance with, this Act, and legislative provisions relevant to the purpose of this Act: g promote emergency management within on the offshore island that is consistent with the purpose of this Act. In this section and section 48 , responsible Emergency Management Committee means, in respect of an offshore island identified by notice under section 46 , the Emergency Management Committee assigned by that notice to have joint responsibility for that offshore island. 48 Agreements regarding joint responsibility for offshore islands Within a reasonable time after an offshore island is identified by notice under section 46 , the Minister of Local Government and the responsible Emergency Management Committee must enter into an agreement that sets out how the functions and duties specified in section 47(2) will be performed in relation to that offshore island. The parties to an agreement— a must review the agreement in full at least once every 5 years; and b may at any time review the agreement or part of it. Following a review under subsection (2) , the parties may— a amend the agreement; or b revoke and replace the agreement; or c decide to retain the agreement in its current form. The parties must consult iwi and hapū with an interest in the offshore island before— a entering into an agreement; or b taking an action under subsection (3) following a review under subsection (2)(a) ; or c taking an action under subsection (3) that would alter the agreement following a review under subsection (2)(b) . The parties may agree to make minor or technical amendments to the agreement without consultation under subsection (4) . 49 Persons authorised to make local emergency declarations: whole area, multiple districts, or multiple wards from within different districts An Emergency Management Committee must appoint— a at least 1 person as a person authorised to declare a state of local emergency; and b at least 1 person as a person authorised to declare a local transition period. An appointed person may be authorised to make a declaration that covers 1 or more of the following: a the whole of the Emergency Management Committee’s area: b 2 or more districts within the area: c 2 or more wards within the area if those wards are from within more than 1 district. The Committee must ensure that at least 1 person is appointed to make a declaration in relation to the whole area. An appointed person must be chosen from the representatives of the local authority members of the Committee (or from the representatives of the unitary authority in the case of a unitary authority Emergency Management Committee). The instrument of appointment must state— a whether the appointed persons have equal status to make an emergency declaration, or whether any of the appointed persons is authorised to act only in the absence of another named person; and b any other conditions or limitations. If no appointed person is, or is likely to be, able to exercise the power in subsection (1)(a) or (b) , any representative of the local authority members of the Committee may exercise the power. In subsection (6) , representative includes a mayor-elect of a local authority who is authorised under section 50A to act under subsection (6) as if they were the local authority’s representative. 50 Persons authorised to make local emergency declarations: individual districts and wards within districts Subsection (2) applies to the mayor of a territorial authority, or an elected member of the territorial authority who is designated to act on behalf of the mayor if the mayor is absent. The mayor or designated elected member may declare a state of local emergency or a local transition period that covers either of the following: a the district of the territorial authority: b 1 or more wards within that district. If at any time it appears to the Emergency Management Committee of the relevant district that an emergency has occurred or may occur and the power in subsection (2) has not been exercised, a representative of a local authority member of the Committee (or a representative of the unitary authority in the case of a unitary authority Emergency Management Committee) for that area or district may exercise the power. In this section, mayor includes a mayor-elect of a local authority who is authorised under section 50A to act under this section as if they were the mayor. 50A Mayor-elect authorised to make local emergency declarations A mayor-elect of a local authority who makes both of the declarations set out in subsection (2) is authorised for the following purposes: a to act as a representative of the local authority under section 49(6) : b to act as mayor under section 50 . The required declarations are— a an oral declaration in the form prescribed in the rules; and b a written version of the declaration that is attested as provided under subclause (3) . The written declaration must be signed by the mayor-elect and witnessed by— a the chief executive of the local authority; or b in the absence of the chief executive, some other officer appointed by the chief executive. An authorisation under this section ceases to have effect on the earlier of the following: a the date that is 21 days after the date the declarations under subsection (2) were made: b the date on which the mayor-elect makes and attests the declaration required under clause 14 of Schedule 7 of the Local Government Act 2002 in accordance with clause 21 of that schedule. In this Act, mayor-elect means a person— a who has come into office as the mayor of a local authority after being declared to be elected in accordance with sections 86 and 115 of the Local Electoral Act 2001 ; but b who is yet to make and attest a declaration required under clause 14 of Schedule 7 of the Local Government Act 2002 at the first meeting of the local authority following a triennial election as provided for in clause 21 of that schedule. 51 Appointment of Regional Controllers for multi-member Emergency Management Committees This section provides for the appointment of the Regional Controller, and persons who may act in the role of the Regional Controller when needed, for a multi-member Emergency Management Committee. A multi-member Emergency Management Committee must appoint— a a suitably qualified and experienced person to be the Regional Controller for its area; and b at least 1 suitably qualified and experienced person to act in the role of the Regional Controller for the duration of any vacancy in the office or absence from duty of the Regional Controller. The At any time, the Committee may delegate the authority under section 55(4) to remove and replace the Regional Controller during a state of emergency in the Committee’s area with a person appointed under subsection (2)(b) . A delegation under subsection (3) — a must be to 1 or more of the representatives who are authorised under section 49(1)(a) to declare a state of emergency for the whole of that Committee’s area; and b may impose conditions or limitations on the use of the authority delegated under paragraph (a) . 52 Appointment of District Controllers for multi-member Emergency Management Committees This section provides for the appointment of the District Controller, and persons who may act in the role of the District Controller when needed, for each territorial authority that is a member of a multi-member Emergency Management Committee. If the Emergency Management Committee considers that the chief executive of a territorial authority is a suitably qualified and experienced person to be the District Controller for the territorial authority’s district, the Committee may appoint the chief executive as District Controller for the district. If the chief executive is not appointed under subsection (2) , the chief executive must appoint a suitably qualified and experienced person to be a District Controller for the district. The chief executive of each territorial authority that is a member of the Committee must appoint at least 1 suitably qualified and experienced person to act in the role of the District Controller for the district of the territorial authority for the duration of any vacancy in the office or absence from duty of the District Controller. 53 Appointment of Regional Controllers for unitary authority Emergency Management Committees This section provides for the appointment of the Regional Controller, and persons who may act in the role of the Regional Controller when needed, for a unitary authority Emergency Management Committee. If the Emergency Management Committee considers that the chief executive of the unitary authority is a suitably qualified and experienced person to be the Regional Controller for the Committee’s area, the Committee may appoint the chief executive as the Regional Controller for the area. If the chief executive is not appointed under subsection (2) , the chief executive must appoint a suitably qualified and experienced person to be a Regional Controller for the area. The chief executive must appoint at least 1 suitably qualified and experienced person to act in the role of the Regional Controller for the area for the duration of any vacancy in the office or absence from duty of the Regional Controller. 54 Appointment of Local Controllers for unitary authority Emergency Management Committees This section provides for the appointment of Local Controllers for a unitary authority Emergency Management Committee. The chief executive of the unitary authority may appoint 1 or more suitably qualified and experienced persons to be a Local Controller in respect of the district. 55 Provisions applying generally to appointments and removals of Regional Controllers, District Controllers, and Local Controllers Subsections (2) to (5) apply This section applies in respect of an appointment under sections 51 to 54 of a person as a Regional Controller, a District Controller, or a Local Controller, or to act in the role of a Regional Controller, a District Controller, or a Local Controller. Any person may be appointed to the position, regardless of whether they are an employee of the relevant territorial authority. An appointment— a may be by name or by reference to the holder of an office; and b may be made at any time, regardless of whether a state of emergency or transition period is in force. The Emergency Management Committee, or chief executive, that made the appointment may, at any time, remove from office or replace the person appointed. A person acting in the role of a Regional Controller, a District Controller, or a Local Controller may perform or exercise the functions, duties, and powers of that Controller under this Act in respect of the area, district, or region for which the Controller was appointed. 56 Role of Regional Controllers Subclause Subsection (2) applies to a Regional Controller for an Emergency Management Committee during a state of emergency in the Committee’s area. The Regional Controller must direct and co-ordinate the use of the personnel, material, information, services, and other resources made available for the Committee’s area by government agencies, Emergency Management Committees, and other persons for the purposes of this Act. At any time, the Regional Controller— a must perform or exercise any functions, duties, or powers any functions or duties delegated to the Regional Controller by the Committee or conferred on Regional Controllers by this Act or any other enactment; and b may perform any function exercise any power conferred on the Regional Controller by delegation under this Act; and c may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that Regional Controller, including the power to delegate those powers, functions, and duties authorise another person to perform or exercise that function, duty, or power . A Regional Controller who authorises a person under subsection (2) (3) (c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power. See also the Director-General’s power under section 15(2)(b) , which includes using specified resources for the purposes of any state of local emergency when the state of national emergency or national transition period is in force concurrently for the same ward, district, or area. 57 Role of District Controllers This section applies to District Controllers appointed under section 52 in relation to a territorial authority’s district. During a state of emergency that covers the district for which the District Controller is appointed, the District Controller must direct and co-ordinate the use of the personnel, material, information, and other resources made available for the purposes of this Act. At any time, the District Controller— a must perform or exercise any functions, duties, or powers any functions or duties delegated to the District Controller by the Emergency Management Committee or conferred on District Controllers by this Act or any other enactment; and b may perform any function exercise any power conferred on the District Controller by delegation under this Act; and c may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that District Controller, including the power to delegate those powers, functions, and duties authorise another person to perform or exercise that function, duty, or power . A District Controller who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power. A District Controller must follow any directions given by the Regional Controller during a state of emergency. Subsection (4) overrides subsection (3)(a) . See also the Director-General’s power under section 15(2)(b) , which includes using specified resources for the purposes of any state of local emergency when the state of national emergency or national transition period is in force concurrently for the same ward, district, or area. 58 Role of Local Controllers This section applies to Local Controllers a Local Controller appointed under section 54 for a unitary authority Emergency Management Committee. The chief executive of the unitary authority may direct the Local Controller to— a perform any of the functions and duties of, or delegated to, the Regional Controller of that Committee; and b exercise any of the powers of Controllers in the area for which the Regional Controller is appointed, including, without limitation, the emergency powers in subpart 2 of Part 4 . The Local Controller must follow any directions given by the Regional Controller during a state of emergency. Subsection (3) overrides subsection (2) . The Local Controller— a must also perform or exercise any functions, duties, or powers any functions or duties delegated to the Local Controller by the Emergency Management Committee or conferred on Local Controllers by this Act or any other enactment; and b may perform any function exercise any power conferred on the Local Controller by delegation under this Act. The Local Controller may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that Local Controller, including the power to delegate those powers, functions, and duties authorise another person to perform or exercise that function, duty, or power . A Local Controller who authorises a person under subsection (6) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power. 59 Duty of Controllers to exercise powers consistently with national priorities This section applies to the following persons: a a Regional Controller: b a person authorised by a Regional Controller under section 56(3) (c) : c a District Controller: d a person authorised by a District Controller under section 57(3)(c) : e a Local Controller: f a person authorised by a Local Controller under section 58(6) . The person must exercise any power conferred on them by this Act during any state of national emergency or national transition period consistently with the priorities for the use of resources and services that have been determined by the Director-General, National Controller, or National Recovery Manager. 60 Appointment of Regional Recovery Managers for multi-member Emergency Management Committees This section provides for the appointment of the Regional Recovery Manager, and persons who may act in the role of the Regional Recovery Manager when needed, for a multi-member Emergency Management Committee. A multi-member Emergency Management Committee must appoint— a a suitably qualified and experienced person to be the Regional Recovery Manager for its area; and b at least 1 suitably qualified and experienced person to act in the role of the Regional Recovery Manager for the duration of any vacancy in the office or absence from duty of the Regional Recovery Manager. The At any time, the Committee may delegate the authority under section 64(4) to remove and replace the Regional Recovery Manager during a transition period in the Committee’s area with a person appointed under subsection (2)(b) . A delegation under subsection (4) (3) — a must be to 1 or more of the representatives who are authorised under section 49(1)(b) to declare a transition period for the whole of that Committee’s area; and b may impose conditions or limitations on the use of the authority delegated under paragraph (a) subsection (3) . 61 Appointment of District Recovery Managers for multi-member Emergency Management Committees This section provides for the appointment of the District Recovery Manager, and persons who may act in the role of the District Recovery Manager when needed, for each territorial authority that is a member of a multi-member Emergency Management Committee. If the Emergency Management Committee considers that the chief executive of a territorial authority is a suitably qualified and experienced person to be the District Recovery Manager for the territorial authority’s district, the Committee may appoint the chief executive as District Recovery Manager for the district. If the chief executive is not appointed under subsection (2) , the chief executive of the territorial authority must appoint a suitably qualified and experienced person to be a District Recovery Manager for the district. The chief executive of each territorial authority that is a member of the Committee must appoint at least 1 suitably qualified and experienced person to act in the role of the District Recovery Manager for the district of the territorial authority for the duration of any vacancy in the office or absence from duty of the District Recovery Manager. 62 Appointment of Regional Recovery Managers for unitary authority Emergency Management Committees This section provides for the appointment of the Regional Recovery Manager, and persons who may act in the role of the Regional Recovery Manager when needed, for a unitary authority Emergency Management Committee. If the Emergency Management Committee considers that the chief executive of the unitary authority is a suitably qualified and experienced person to be the Regional Recovery Manager for the Committee’s area, the Committee may appoint the chief executive as the Regional Recovery Manager for the area. If the chief executive is not appointed under subsection (2) , the chief executive of the unitary authority must appoint a suitably qualified and experienced person to be a Regional Recovery Manager for the area. The chief executive must appoint at least 1 suitably qualified and experienced person to act in the role of the Regional Recovery Manager for the area for the duration of any vacancy in the office or absence from duty of the Regional Recovery Manager. 63 Appointment of Local Recovery Managers for unitary authority Emergency Management Committees This section provides for the appointment of Local Recovery Managers for a unitary authority Emergency Management Committee. The chief executive of the unitary authority may appoint 1 or more suitably qualified and experienced persons to be a Local Recovery Manager in respect of the district. 64 Provisions applying generally to appointments and removals of Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers Subsections (2) to (5) apply This section applies in respect of an appointment under sections 60 to 63 of a person as a Regional Recovery Manager, a District Recovery Manager, or a Local Recovery Manager, or to act in the role of a Regional Recovery Manager, a District Recovery Manager, or a Local Recovery Manager. Any person may be appointed to the position, regardless of whether they are an employee of the relevant territorial authority. An appointment— a may be by name or by reference to the holder of an office; and b may be made at any time, regardless of whether a state of emergency or transition period is in force. The Emergency Management Committee, or chief executive, that made the appointment may, at any time, remove from office or replace the person appointed. A person acting in the role of a Regional Recovery Manager, a District Recovery Manager, or a Local Recovery Manager may perform or exercise the functions, duties, and powers of that Recovery Manager under this Act in respect of the area or district for which the Recovery Manager was appointed. 65 Role of Regional Recovery Managers Subclause (2) applies to a Regional Recovery Manager for an Emergency Management Committee during a transition period in the Committee’s area. The Regional Recovery Manager must direct and co-ordinate the use of the personnel, material, information, services, and other resources made available for the Committee’s area by government agencies, Emergency Management Committees, and other persons for the purpose of carrying out recovery activities. At any time, the Regional Recovery Manager— a must perform or exercise any functions, duties, or powers any functions or duties delegated to the Regional Recovery Manager by the Committee or conferred on Regional Recovery Managers by this Act or any other enactment; and b may perform any function exercise any power conferred on the Regional Recovery Manager by delegation under this Act; and c may authorise any suitably qualified and experienced person to perform or exercise any functions, duties, or powers of that Regional Recovery Manager, except the power to authorise another person to perform or exercise those functions, duties, and powers. A Regional Recovery Manager who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power. See also the Director-General’s power under section 15(2)(b) , which includes using specified resources for the purposes of any local transition period when the state of national emergency or national transition period is in force concurrently for the same ward, district, or area. 66 Role of District Recovery Managers This section applies to District Recovery Managers appointed under section 61 in relation to a territorial authority’s district. During a transition period that covers the district for which a District Recovery Manager is appointed, the District Recovery Manager must direct and co-ordinate the use of the personnel, material, information, and other resources made available for the purposes of this Act. At any time, the District Recovery Manager— a must also perform or exercise any functions, duties, or powers any functions or duties delegated to the District Recovery Manager by the Emergency Management Committee or conferred on the District Recovery Manager by this Act or any other enactment; and b may perform any function exercise any power conferred on the District Recovery Manager by delegation under this Act; and c may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that District Recovery Manager, except the power to delegate those functions, duties, and powers authorise another person to perform or exercise that function, duty, or power . A District Recovery Manager who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power. A District Recovery Manager must follow any directions given by the Regional Recovery Manager during a transition period. Subsection (4) overrides subsection (3)(a) . A District Recovery Manager who authorises a person under subsection (3)(c) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power. 67 Role of Local Recovery Managers This section applies to a Local Recovery Managers Manager appointed under section 63 for a unitary authority Emergency Management Committee. The chief executive of the unitary authority may direct that person the Local Recovery Manager to— a perform any of the functions and duties of, or delegated to, the Regional Recovery Manager of the Committee; and b exercise any of the powers of the Regional Recovery Manager in the area for which the Regional Recovery Manager is appointed, including the emergency powers in subpart 2 of Part 4 . The Local Recovery Manager must follow any directions given by the Regional Recovery Manager during a transition period. Subsection (3) overrides subsection (2) . The Local Recovery Manager— a must also perform or exercise any functions, duties, or powers any functions or duties delegated to the Local Recovery Manager by the Emergency Management Committee or conferred on the Local Recovery Manager by this Act or any other enactment; and b may perform any function exercise any power conferred on the Local Recovery Manager by delegation under this Act. The Local Recovery Manager may authorise any suitably qualified and experienced person to perform or exercise any function, duty, or power of that Local Recovery Manager, except the power to delegate those functions, duties, and powers authorise another person to perform or exercise that function, duty, or power . A Local Recovery Manager who authorises a person under subsection (6) to perform or exercise a function, duty, or power remains responsible and accountable under this Act for the performance or exercise of the function, duty, or power. 68 Duty of Recovery Managers to exercise powers consistently with national priorities This section applies to the following persons: a a Regional Recovery Manager: b a person authorised by a Regional Recovery Manager under section 65(3)(c) : c a District Recovery Manager: d a person authorised by a District Recovery Manager under section 66 (3)(c) : e a Local Recovery Manager: f a person authorised by a Local Recovery Manager under section 67(6) . The person must exercise any power conferred on them by this Act during any state of national emergency or national transition period consistently with the priorities for the use of resources and services that have been determined by the Director-General, National Controller, or National Recovery Manager. 69 Role of lead agencies Meaning and role of lead agency In this Act, a lead agency is a government agency that is identified in the national emergency management plan as the lead agency in respect of emergencies caused or contributed to by a particular hazard. In an emergency that has been caused or contributed to by a particular hazard, the lead agency for that emergency has the primary responsibility for managing the response to the emergency. If a lead agency has been identified in respect of a particular hazard, that agency— a is the lead agency for each emergency that is caused or contributed to by that hazard; and b has the primary responsibility for managing the response to those emergencies. The functions of a lead agency are to— a plan for, and co-ordinate the response to, an emergency caused or contributed to by the hazard; and b participate in developing the national emergency management plan and regional emergency management plans in relation to responding to the emergencies caused or contributed to by the hazard; and c keep the Director-General informed about any situation in which there is or may be an imminent threat of an emergency that is caused or contributed to by the hazard ; and d perform any function or duty imposed on it under this Act or any other enactment. If a lead agency for an emergency is the department,— a subsection (2)(a) applies only in relation to or during respect of planning for, or co-ordinating the response to, a state of national emergency; and b subsection (2)(c) does not apply. If no lead agency has been identified in respect of an emergency caused or contributed to by a particular hazard, the following persons have the primary responsibility for managing the response for that emergency: a during an emergency for which a state of national emergency has been declared, the Director-General: b during any other emergency, the relevant Emergency Management Committee for the area in which the emergency has occurred. See section 83 , under which lead agencies may be identified in the national emergency management plan. 70 Transfer of lead agency role obligations During the response to an emergency that has been caused or contributed to by a hazard, a , the lead agency for the emergency ( agency A ) may transfer its obligations as lead agency for that emergency the lead agency obligations set out in subsection (1A) to— a another government agency ( agency B ) with agency B’s agreement; or b to an Emergency Management Committee with that Committee’s agreement. The lead agency obligations that are transferred under subsection (1) are— a co-ordinating the response to the emergency; and b any additional obligations relating to the response to the emergency that are imposed on a lead agency under the national emergency management plan. If the lead agency obligations for an emergency are transferred, agency B or the relevant Committee has the primary responsibility for managing the response to the emergency and has the role set out in section 69 in respect of the hazard (rather than agency A) . When the response to the emergency for which the lead agency obligations were transferred is complete, the role of The lead agency obligations for emergencies caused or contributed to by that hazard reverts an emergency revert to the government agency identified as the lead agency for those emergencies under section 83 . — a when the response to the emergency for which the lead agency obligations were transferred is complete; or b at an earlier time during the response to the emergency with the agreement of agency A and the agency or Committee to which the lead agency obligations were transferred. 71 Requirement to undertake emergency management functions and responsibilities This section applies to any person who is required by under this Act or regulations, or any emergency management plan, to undertake emergency management or to perform any functions or duties, including, without limitation, the following persons: a public service agencies: b Emergency Management Committees: c local authorities: d emergency services: e essential infrastructure providers. A person to whom this section applies must take all necessary steps to undertake emergency management or to perform their functions or duties as required. 72 Duties of emergency services Emergency services must— a participate in developing the national emergency management strategy and emergency management plans: b provide the members required under section 39(2)(b), (c), (d), and (e) , as applicable, for each Emergency Management Co-ordinating Executive Group. The emergency services must provide the members required under section 39(2)(b), (c), (d), and (e) , as applicable, for each Emergency Management Co-ordinating Executive Group. Representatives of each of the emergency services (as set out in paragraphs (a) to (d) of the definition of emergency services in section 5 ) must participate in developing the national emergency management strategy and emergency management plans. 72A Identification of emergency ambulance services The Minister may identify, by notice in the Gazette , an organisation as an emergency ambulance service. Before doing so, the Minister must consult the organisation. 73 Essential infrastructure providers Schedule 3 sets out, by name or description, the entities or classes of entities that are essential infrastructure providers. See section 7 (which sets out the definitions of essential infrastructure, essential infrastructure provider, essential service, and infrastructure components). 74 Duties of essential infrastructure providers An essential infrastructure provider must— a ensure that the essential service delivered by its essential infrastructure that it is responsible for providing is able to function to the fullest possible extent, during and after an emergency, even though this may be at a reduced level , during and after an emergency : b develop and maintain a plan to carry out the duty described in paragraph (a) : c make available to the Director-General in writing, on request, the plan described in paragraph (b) : d contribute to developing sector response plans if required to do so by the Director-General: e participate in the development of the national emergency management strategy and emergency management plans: f provide, free of charge, any technical advice to the Director-General or any Emergency Management Committee that is reasonably required by the Director-General or that Committee: g ensure, so far as possible, that any information that is disclosed to the entity for the purposes of this Act is used by the entity, or disclosed to another person, only for the purposes of this Act. 75 Recognition of essential infrastructure providers The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 3 to— a recognise an entity as an essential infrastructure provider: b recognise a class of entities as essential infrastructure providers: c amend the name or description of an entity or a class of entities recognised as essential infrastructure providers: d remove the recognition of an entity or a class of entities. The order must include a statement of the reasons for the recognition of, or amendment to the recognition of, the entity or class of entities. In order to make a recommendation under subsection (1) , the Minister must,— a in the case of recognising, or amending the recognition of, an entity or a class of entities, be satisfied that the entity or class of entities provides, or is responsible for providing, essential infrastructure; and b consider— i any potential negative implications, effects, or costs of recognising or removing recognition of the entity or entities, including for the entity or entities; and ii New Zealand’s international obligations (to the extent relevant). Before making a recommendation under subsection (1) , the Minister must— a consult the Director-General; and b having regard to the nature of the entity or entities that are proposed to be recognised or removed from recognition, take all practicable steps to consult the persons, or the representatives of the persons, that the Minister considers will be substantially affected by the recommendation. An order under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 76 Minister may exempt essential infrastructure provider The Minister may, by notice in the Gazette , on any conditions that the Minister thinks fit, exempt a particular essential infrastructure provider or class of essential infrastructure providers in whole or in part from the provisions of this Act relating to essential infrastructure. Subsection (1) applies if the Minister is satisfied that the application of the provisions is not appropriate in the case of that entity or class of entities. The notice must set out the provisions of this Act from which the entity or class of entities is exempt. A notice under this section that is a class exemption is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). In this section, class exemption means an exemption granted under subsection (1) that relates to a class of entities. The Minister may, on any terms or conditions that the Minister thinks fit, exempt from compliance with the provisions of this Act relating to essential infrastructure— a 1 or more named essential infrastructure providers; or b a class of essential infrastructure providers. The Minister may grant an exemption only if the Minister is satisfied that — a the application of the provisions is not appropriate in the case of each named entity or class of entities; and b the exemption is no broader than is reasonably necessary to address the matters that gave rise to the exemption; and c the exemption is consistent with the purpose of this Act. The Minister must, in granting an exemption,— a specify the provisions of this Act from which the entity or class of entities is exempt; and b record any applicable terms and conditions; and c publish together with the exemption the Minister’s reasons for granting the exemption. An exemption granted under subsection (1)(a) — a must be published in the Gazette ; and b takes effect on the date specified in the exemption. An exemption granted under subsection (1)(b) — a is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements); and b takes effect on the date specified in the exemption (which must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019). 77 National emergency management strategy The Minister must make a national emergency management strategy for 1 or more of the following purposes: a providing for the Crown’s goals in relation to emergency management in New Zealand: b identifying the objectives to be pursued to achieve those goals: c specifying the measurable targets to be met to achieve those objectives. A national emergency management strategy made under this section takes effect 28 days after the strategy is published or on a later date (if any) specified in the strategy. A national emergency management strategy— a is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements); and b despite section 26 of that Act , comes into force 28 days after the strategy is published or on a later date (if any) specified in the strategy. 78 Review of national emergency management strategy The Minister must commence a review of a national emergency management strategy within 10 years of the date on which the strategy came into force. Following a review, the Minister may— a amend or replace the strategy by following the procedure set out in section 79 ; or b decide not to change the strategy. If the Minister decides not to change the strategy, the Minister must publish the reasons for the decisions on an internet site maintained by or on behalf of the Director-General the Director-General’s internet site . 79 Procedure for amending making, amending, or replacing national emergency management strategy This section applies before the Minister amends or replaces a if the Minister proposes to make, amend, or replace the national emergency management strategy. The Before making, amending, or replacing the strategy, the Minister must— a publicly notify the proposed replacement strategy or the proposed amendments to the strategy by— i publishing a notice in the Gazette ; and ii giving any other notification that the Minister considers appropriate, having regard to the persons likely to have an interest in the proposal; and b give interested persons a reasonable time, which must be specified in the notice published under paragraph (a) , to make submissions on the proposal; and ba consult representatives of the following groups regarding the proposed replacement strategy or the proposed amendments to the strategy: i any community that the Director-General considers to be a disproportionately affected community: ii iwi and Māori: iii rural communities; and c consult any persons that the Minister considers appropriate. The Minister may make the amended or replacement , amend, or replace a national emergency management strategy by signing the new or amended or replacement strategy. 79A Presentation of national emergency management strategy to House of Representatives The national emergency management strategy comes into force under section 77(2)(b) unless, within 15 sitting days after the strategy is presented, the House of Representatives resolves not to approve it. If the House of Representatives resolves not to approve a strategy, the Minister must, within 30 working days after that resolution,— a make a revised strategy under section 79 ; and b present the revised strategy to the House of Representatives. The revised strategy takes effect in accordance with subsection (1) . 80 Matters persons must have regard to in development of emergency management plans This section applies to any person who performs a function in relation to the development of an emergency management plan or an emergency management planning standard under this Act. The person must have regard to— a the responsibility of people and communities to provide for their own well-being and the well-being of future generations: b the benefits to be derived for people and communities from the management of hazards and risks: c New Zealand's international obligations (to the extent relevant). 81 Minister or Committee must consider alternatives, benefits and costs, and appropriateness before recommending plan or approving provisions This section applies to the Minister if the Minister intends to recommend the making of regulations providing for a national emergency management plan under section 82 . This section also applies to an Emergency Management Committee if the Committee intends to approve provisions of a regional emergency management plan under section 90 that impose requirements on a person other than the following: a the Committee: b a local authority who is a member of the Committee (or the unitary authority in the case of a unitary authority Emergency Management Committee): c emergency services (or their employees or agents). The Minister or Committee must, before recommending the making of regulations or approving provisions,— a have regard to— i the extent, if any, to which the provisions or regulations or provisions are necessary to achieve the purpose of this Act; and ii other means in addition to or in place of the provisions or regulations that , under this Act or any other legislation, may be used in achieving the purpose of this Act, including providing information, services, or incentives; and iii the reasons for and against recommending or approving the proposed provisions or regulations and the principal alternative means available, or of taking no action if this Act does not require otherwise; and b evaluate the likely benefits and costs of the principal alternative means; and — i making the regulations or approving the provisions; and ii implementing the principal alternative means available for achieving the intended purpose; and iii taking no action; and c be satisfied that the provisions or regulations— i are necessary or desirable to achieve the purpose of this Act; and ii are the most appropriate means to achieve that purpose, having regard to their efficiency and effectiveness relative to other means. 82 National emergency management plan The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for a national emergency management plan. The national plan must state and provide for— a the hazards and risks to be managed at the national level: b the emergency management necessary at the national level to manage the hazards and risks: c the objectives of the plan and the relationship of each objective to the national emergency management strategy: d the co-ordination of emergency management during a state of national emergency or a national transition period: e the period for which the plan remains in force. In order to provide for the matters in subsection (2) , the national plan may impose duties on any person, including those listed in section 71(1)(a) to (e) . Before recommending the making of a national plan, the Minister must be satisfied that the plan is consistent with the national emergency management strategy. The national plan may authorise a person to exercise the power in section 130 . An order made under this section— a is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements); and b despite section 26 of that Act , comes into force 28 days after the order is published or on a later date (if any) specified in the order; and c remains in effect for the period specified in the order, but if the order is not replaced before the close of that period it remains in effect until replaced. 83 Identification of lead agencies in national emergency management plan The national emergency management plan may — identify a government agency as the lead agency for emergencies caused or contributed to by a particular hazard if the agency is authorised by legislation, or has the expertise, to manage the response to emergencies caused or contributed to by that hazard. a identify a government agency as the lead agency for emergencies caused or contributed to by a particular hazard if the agency is authorised by legislation, or has the expertise, to manage the response to emergencies caused or contributed to by that hazard; and b specify the arrangements identifying the lead agency or agencies in the case of an emergency that has been caused or contributed to by multiple hazards. 84 Review of national emergency management plan The Minister— a must review the national emergency management plan in full at least once every 5 years (a five-yearly review ); and b may at any time review the plan or part of the plan. As a result of a review under subsection (1) , the Minister may— a recommend that the plan be amended; or b recommend that the plan be revoked and replaced; or c decide to retain the plan in its current form. A review undertaken under subsection (1)(b) has no effect on the Minister’s obligation to undertake a five 5 -yearly review. 85 Requirements before recommendation to amend or replace, or decision to retain, national emergency management plan Before the Minister makes a decision relating to the review of the national emergency management plan under section 84 , the Minister must, in accordance with section 86 , consider and approve a proposal developed by the Director-General under that section. After the Minister has approved the proposal, the proposal must, in accordance with section 87 , be publicly notified, made available, and presented to the House of Representatives. The proposal is not required to be in the form of draft regulations. In this section and sections 86 and 87 , proposal — a means— i the proposed contents of an amended or a replacement version of the national emergency management plan (but is not required to be in the form of draft regulations) ; or ii a proposal to retain the plan in its current form; and b may include material incorporated by reference in the plan under section 216 , together with a translation in English or te reo Māori if that material is not in English or te reo Māori. 86 Preparation and approval of proposal relating to review of national emergency management plan The Minister must consider and approve a proposal developed by the Director-General in accordance with this section . In developing the proposal, the Director-General must— a identify any communities community that the Director-General considers will or are likely to be to be a disproportionately affected community in an emergency and engage with representatives of those communities who operate at a national level ; and b engage with and seek advice on Māori interests and knowledge to inform the development of the proposal by engaging with representatives of appropriate national-level Māori organisations ; and c consult persons and agencies who would have roles and responsibilities under any new or amended national emergency management plan that is being proposed. When the proposal is submitted to the Minister for consideration, the Minister must— a consult other relevant Ministers about the proposal; and b determine to either— i approve the proposal; or ii refer it back to the Director-General for reconsideration, together with the Minister’s reasons for referring it back. On receiving a referral under subsection (3)(b)(ii) , the Director-General must reconsider the proposal and, as soon as is reasonably practicable, submit a revised proposal to the Minister for approval consideration . 87 Public notification of proposed national emergency management plan The Minister must— a publicly notify the proposal by— i publishing a notice in the Gazette and on an internet site maintained by or on behalf of the Director-General the Director-General’s internet site ; and ii giving any other notification that the Minister considers appropriate, having regard to the persons likely to have an interest in the proposal; and b make copies of any proposed new national plan, or amendments to the plan, available for inspection at the office of the Director-General, free of charge, for a reasonable period; and c state where copies of any proposed new national plan, or amendments to the plan, are available for purchase; and d make any proposed new national plan, or amendments to the plan, available , free of charge, on an internet site maintained by or on behalf of the Director-General on the Director-General’s internet site or provide a link to another internet site where that material is published (except any parts of the material where making it available in this manner would infringe copyright) . The Minister must present the proposal to the House of Representatives at least 90 days before making the recommendation. Every notice under this section must include— a a description of the proposal: b a statement that submissions on the proposal may be made in writing to the Minister by any person: c a closing date for submissions (which must not be earlier than 40 working days after the notification under this section): d a statement that every submission should state— i those aspects of the proposal that the submission supports; and ii those aspects of the proposal that the submission opposes; and iii the reasons for the support and opposition identified; and iv any specific alternatives to the proposal that the person making the submission wishes to recommend: e a list of places where a copy of any proposed new national plan, or amendments to the plan, may be purchased or inspected: f an address for submissions. For the purposes of subsection (1)(d) , the Minister may not rely on section 66 of the Copyright Act 1994 as authority to make available on an internet site any material that is proposed to be incorporated by reference. 88 Targeted amendments to national emergency management plan A national emergency management plan may be amended by the Governor-General, by Order in Council made on the recommendation of the Minister, without a review of the plan under section 84 if the Minister is satisfied that the amendment is a targeted amendment. A targeted amendment is an amendment that is limited in scope and impact, and may include, without limitation,— a an update to a part of the plan that affects one or some parties any person or persons more than others; or b an update relating to the identification of new hazards or changes in the risk profiles of existing hazards; or c an update to the identification of a lead agency under section 83 ; or d the addition of 1 or more obligations for new parties, who were not previously included in the plan, as a result of the identification of new hazards or risks; or e the addition of 1 or more obligations for existing parties as a result of the identification of new hazards or risks. d the addition of 1 or more obligations for persons (including persons already included in the plan and persons not included in the plan), as a result of the identification of new hazards or risks. When making a targeted amendment is made under this section,— a sections 80, 82(3) and (4) , 87 , and 216 apply with any necessary modifications; and b section 86 does not apply; and c the Minister must consult any party likely to be affected by any proposed change to the plan. An order made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 89 Minor amendments to national emergency management plan A national emergency management plan may be amended by the Governor-General, by Order in Council made on the recommendation of the Minister, without a review of the plan under section 84 if the Minister is satisfied that the amendment is a minor change. A minor change to a plan is a change that— a will have no effect on, or is not likely to affect, the rights of any person; and b has no effect, or no more than a minor effect, on the obligations of any person. An order made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 90 Regional emergency management plans Each Emergency Management Committee must prepare and approve a regional emergency management plan. Each Committee must publish its regional plan on an internet site maintained by or on behalf of the Committee the Committee’s internet site . A regional plan must— a be consistent with the national emergency management strategy; and b meet the requirements set out in any applicable planning standard issued by the Minister under section 100 ; and c take account of the any guidelines, codes, or technical standards issued by the Director-General under this Act. A regional plan— a takes effect on the date on which the Committee approves the plan at a meeting of the Committee; and b remains in effect for the period specified in the plan, but if the plan is not replaced before the close of that period it continues in effect until replaced. 91 Content of regional emergency management plan Each Emergency Management Committee’s regional emergency management plan must state and provide for— a the local authorities that have united to establish and maintain the Committee or, in the case of a unitary authority Emergency Management Committee, the relevant unitary authority : b the hazards and risks to be managed by the Committee: c the emergency management necessary to manage those hazards and risks: d the strategic planning for recovery from those hazards and risks: e the objectives of the plan and the relationship of each objective to the national emergency management strategy: f the area of the Committee: g in the case of a multi-member Emergency Management Committee, the apportionment between local authorities of liability for the provision of financial and other resources for the activities of the Committee, and the basis for that apportionment: h the arrangements for declaring a state of local emergency: i the arrangements for declaring a local transition period: j the arrangements for co-operation and co-ordination with other Emergency Management Committees: k the arrangements for the needs of any community in the Committee’s area that the Committee considers may be to be a disproportionately affected community in an emergency : l the arrangements for how offers of assistance with emergency management from individuals and groups will be managed during an emergency: m the arrangements for managing animals (including pets, working animals, livestock, and wildlife) during an emergency: n the period for which the plan remains in force. In order to provide for the matters in subsection (1) , a regional plan may impose duties on any person, including those listed in section 71(1)(a) to (e) . The regional plan may authorise an employee of the Committee for the purposes of section 126(1)(c) , which relates to the power to enter contracts on behalf of a Committee. The regional plan may authorise a person to exercise the power in section 130 (the power to close roads and public places), and that section applies to the person authorised as if they were a specified person an authorised Controller or a constable for the purposes of that section. 92 Incorporation by reference in regional emergency management plans An Emergency Management Committee may incorporate by reference written material in the Committee’s regional emergency management plan if the Committee considers that it the material is too large or impractical to include the material as part of the plan. Any material incorporated by reference under this section is to be treated for all purposes as forming part of the plan. If the material incorporated by reference under this section is amended, the amendment may only be treated as part of the plan if the amendment has been approved under this Act as an amendment to the plan. An amendment referred to in subsection (3) takes effect on a date specified by the Committee by notice on the publicly available internet site on which the plan has been published Committee’s internet site . All material incorporated by reference under this section must be available on an internet site maintained by or on behalf of the Committee the Committee’s internet site . 93 Reviews of regional emergency management plans An Emergency Management Committee— a must review its regional emergency management plan in full at least once every 5 years (a five-yearly 5-yearly review ); and b must review the plan or part of the plan when directed to do so by the Minister under section 97 ; and c may at any time review the plan or part of the plan. Following a review under subsection (1) , the Committee may decide to— a amend the plan; or b replace the plan; or c retain the plan in its current form. A decision under subsection (2) may be made only at a meeting of the Committee. Before the Committee makes a decision under subsection (2) , the Committee must— a carry out the requirements under section 94 for community engagement in developing a proposal; and b follow the procedure under section 95 relating to public notification of a proposal; and c provide the proposal to the Minister for the Minister’s comments and direction in accordance with section 96 . A review of a Committee’s regional plan in full undertaken under subsection (1)(b) or (c) has no effect on a meets the Committee’s obligation to undertake a five 5 -yearly review. In this section and sections 94 to 96 , proposal means— a the proposed amendments to, or a proposed replacement version of, a Committee’s regional plan; or b a proposal to retain the plan in its current form. 94 Community engagement in Engagement and consultation for developing proposal for regional emergency management plan In developing a proposal, the Emergency Management Committee must— a engage with and involve representatives of any community in the Committee’s area that the Committee considers is likely to be a disproportionately affected community in an emergency in the Committee’s area ; and b engage with and involve representatives of iwi and Māori in the Committee’s area . ; and c consult persons and agencies who would have roles and responsibilities under any new or amended regional emergency management plan that is being proposed. 95 Public notification for proposal for regional emergency management plan The Emergency Management Committee must— a give notification of the proposal— i by public notice notification (within the meaning of section 13 of the Legislation Act 2019 ) ; and ii to representatives of iwi and Māori within the Committee’s area; and iii to any other specific person or group that the Committee considers appropriate; and b specify in each notice given under paragraph (a) a period within which persons interested in the proposal may make submissions on the proposal to— i the Committee; or ii a subgroup of the Committee; and c ensure that any person who makes written submissions on the proposal within the period specified in the notice is given a reasonable opportunity to be heard by the body to which the submissions are made; and d make all written submissions on the proposal available to the public unless there is some good reason in law why it should not do so; and e have regard to any comments on a proposal made by iwi and Māori within the Committee’s area. The period specified under subsection (1)(b) must not be less than 1 month. 96 Comments and directions from Minister regarding proposal After making any changes to update the proposal following consideration of submissions and comments received in accordance with section 95 , the Committee must send the updated proposal, including a copy of any proposed new regional emergency management plan, or amendments to the plan, to the Minister for the Minister’s consideration. Within 20 working days of the Minister after receiving the proposal, the Minister must provide comments and inform the Committee if the Minister is considering directing that amendments are be made to the proposal. If the Minister informs the Committee that the Minister is considering making a direction, the Minister must, as soon as is reasonably practicable after informing the Committee of that possibility, make a decision about whether to make a direction and advise the Committee of— a the direction regarding amendments to the proposal, along with the reasons for directing those amendments; or b the decision that no direction will be made. The Minister may require amendments to the proposal only if, in the Minister’s view, the plan would otherwise fail to meet the requirements of the Act or the national emergency management plan. The Committee— a must have regard to any comments made by the Minister; and b may not make a decision on the proposal under section 93(2) only after receiving the Minister’s advice or decision that no direction will be made under subsection (3) ; and until the Minister has— i advised under subsection (2) or (3)(b) that they do not intend to direct that amendments be made; or ii directed that amendments be made to the proposal under subsection (3)(a) ; and c must make any amendments to the proposal that the Minister directs. 97 Minister may direct Emergency Management Committee to review regional emergency management plan The Minister may direct that an Emergency Management Committee review its regional emergency management plan, or 1 or more parts of the plan, under section 93 . When making a direction, the Minister must provide the reasons for directing the review. 98 Targeted amendments to regional emergency management plan An Emergency Management Committee may amend its regional emergency management plan without a review of the plan under section 93 if it is satisfied that the amendment is a targeted amendment. A targeted amendment is an amendment that is limited in scope and impact, and may include, without limitation,— a an update to a part of the plan that affects one or some parties any person or persons more than others; or b an update relating to the identification of new hazards or changes in the risk profiles of existing hazards; or c the addition of 1 or more obligations for new parties that were not previously included in the plan as a result of the identification of new hazards or risks; or d the addition of 1 or more obligations for existing parties as a result of the identification of new hazards or risks. d the addition of 1 or more obligations for persons (including persons already included in the plan and persons not included in the plan) as a result of the identification of new hazards or risks. The Committee may approve targeted amendments to a plan only after undertaking consultation in accordance with section 82 of the Local Government Act 2002 . Section 92 applies in relation to an amendment made under this section. 99 Minor amendments to regional emergency management plan An Emergency Management Committee may amend its regional emergency management plan without a review of the plan under section 93 if it is satisfied that the amendment is a minor change. A minor change to a plan is a change that— a will have no effect on, or is not likely to affect, the rights of any person; and b has no effect, or no more than a minor effect, on the obligations of any person. 100 Regional emergency management planning standards The Minister may issue regional emergency management planning standards, prepared in accordance with section 101 , that prescribe requirements or provide for other matters relating to any aspect of the structure, format, or content of regional emergency management plans for all or any of the following purposes: a to assist in achieving the purpose of this Act: b to address any matter that the Minister considers requires consistency across multiple Emergency Management Committees: c to assist in meeting the requirements for regional emergency management plans under section 71 91 : d to ensure the alignment of regional emergency management plans with the national emergency management plan. A regional emergency management planning standard may apply to the emergency management plan of 1 or more Emergency Management Committees all Emergency Management Committees, a particular Committee, or a class of Committees . A regional emergency management planning standard issued under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 101 Preparation of regional emergency management planning standards In preparing or amending an regional emergency management planning standard, the Minister must have regard to— a whether it is desirable to have national consistency in relation to an aspect of regional emergency management plans; and b whether the regional emergency management planning standard should allow for local variation and, if so, to what extent; and c whether it is appropriate for the regional emergency management planning standard to apply to a specified 1 or more Emergency Management Committee or several Committees rather than Committees or all Emergency Management Committees; and d any requirement in other legislation that is relevant to the purpose of the Act planning standard that is being prepared or amended . Before issuing a regional emergency management planning standard, the Minister must— a consult the Director-General; and b prepare a draft of the standard; and c give public notice of the draft; and d establish a process that the Minister considers gives the public, local authorities, and Emergency Management Committees adequate time and opportunity to make a submission on the draft. 102 Amendments to regional emergency management planning standards This section applies if the Minister issues under section 100 amendments to regional emergency management planning standards under section 100 . The Minister does not need to follow the process referred to in section 101 if the Minister is recommending the making of an amendment for one of the following reasons: a to align with a New Zealand Standard within the meaning of section 4 of the Standards and Accreditation Act 2015 : b to fulfil New Zealand’s obligations under any international convention, protocol, or agreement to which New Zealand is a party: c to extend the time frame for the implementation of any part of a national environmental standard: d to remove provisions in a regional emergency management planning standard that are no longer required as a consequence of changes to legislation: e to make changes that are no more than minor in effect, to correct errors, or to make similar technical alterations. The Minister must,— a before recommending an amendment for a reason specified in subsection (2) , consider whether it is more appropriate to follow the process referred to in section 101 to make the amendment; and b as soon as is reasonably practicable after making an amendment, publish their reasons for the amendment on an internet site maintained by or on behalf of the Director-General to which the public has free access the Director-General’s internet site . 103 Withdrawal of regional emergency management planning standards The Minister may withdraw all or part of a regional emergency management planning standard and give public notice of the withdrawal, including the reasons for the withdrawal . The Minister must give public notice of a withdrawal, including the reasons for a withdrawal. 104 Director-General may develop sector response plans for with essential infrastructure providers This section applies if the Director-General is satisfied that it would be desirable for essential infrastructure providers from 1 or more classes of essential infrastructure provider s to co-ordinate on the timely restoration of essential infrastructure in the event that an emergency causes a disruption of national significance to their provision of that essential infrastructure. The Director-General may— a develop and approve a sector response plan that addresses the response to, and recovery from, the potential disruptions to that class or those classes of essential infrastructure providers in providing the provision of their essential infrastructure in the event of an emergency; and b require the relevant essential infrastructure providers to contribute to the development of the sector response plan. Before approving the sector response plan, the Director-General must consult — the following persons: a the essential infrastructure providers affected by the plan (or persons that the Director-General considers represent a class of essential infrastructure providers affected): ; and b relevant government agencies and local authorities ; and : c any other person (or their representative) who would have roles or responsibilities or duties under the plan or persons that the Director-General considers represent the classes of persons who would have those roles or responsibilities . 105 Content of sector response plans A sector response plan may address— a the roles and responsibilities of the essential infrastructure providers to which it applies, Emergency Management Committees, the Director-General, and other agencies; and b default information sharing and co-ordination arrangements for the essential infrastructure providers; and c any other matters that may be necessary to deal with a major disruption to essential infrastructure. A sector response plan does not place have the effect of imposing duties or mandatory requirements or duties on any person. 106 Changes to sector response plan The Director-General may amend, replace, or revoke a sector response plan at any time. Before approving a replacement or an amended sector response plan, the Director-General must consult essential infrastructure providers or other persons with responsibilities or duties under the plan the persons set out in section 104(3) . Before approving an amended sector response plan, the Director-General must consult the persons set out in section 104(3) , but only to the extent that the Director-General considers the proposed amendments are relevant to those persons. Subsection (2) does not apply in the case of minor amendments to the plan. 107 Interpretation of this Part In this Part, unless the context otherwise requires,— Director-General includes any person acting under the authority of the Director-General District Controller includes any person acting under the authority of a District Controller District Recovery Manager includes any person acting under the authority of a District Recovery Manager Emergency Management Committee or Committee includes any person acting under the authority of the Committee Local Controller includes any person acting under the authority of a Local Controller Local Recovery Manager includes any person acting under the authority of a Local Recovery Manager National Controller includes any person acting under the authority of the National Controller National Recovery Manager includes any person acting under the authority of the National Recovery Manager Regional Controller includes any person acting under the authority of a Regional Controller Regional Recovery Manager includes any person acting under the authority of a Regional Recovery Manager. 108 Interpretation of this subpart In this subpart, unless the context otherwise requires, authorised person means a person authorised or otherwise empowered, under section 49 , or 50 , or 50A , to declare a state of local emergency. 109 Minister may declare state of national emergency This section applies if the Minister considers that— a an emergency has occurred or may occur; and b the emergency is, or is likely to be, of such extent, magnitude, or severity that the emergency management necessary or desirable in respect of it is, or is likely to be, beyond the resources of the Emergency Management Committees whose areas may be affected by the emergency. The Minister may declare a state of national emergency that applies to— a the whole of New Zealand; or b 1 or more areas or districts. The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (2) . 110 Extending location to which state of national emergency applies This section applies if the Minister has declared a state of national emergency that applies to an area or a district 1 or more areas or districts (the affected location ) but not to the whole of New Zealand. The Minister may declare that the state of national emergency is extended to apply applies to 1 or more further areas or districts, whether or not any of those further areas or districts overlaps or is contiguous with the affected location. The Minister may make a declaration under subsection (2) only if the Minister considers that the criteria in section 109(1) apply to each of the further areas or districts. The Minister must inform the House of Representatives as soon as practicable if the Minister makes a declaration under subsection (2) . 110A House of Representatives to meet if adjourned when state of national emergency declared This section applies if— a the Minister declares a state of national emergency; and b the House of Representatives is adjourned until a date more than 7 days after the day on which the declaration is made. The Speaker of the House of Representatives must, as soon as practicable,— a determine a day and time at which the House of Representatives must meet (the meeting time ); and b notify all members of the meeting time. The meeting time must be no later than 7 days after the day on which the declaration is made. The Clerk of the House of Representatives must publish the meeting time by notice in the Gazette . In this section, member and Speaker have the meanings given in section 5 of the Parliament Act 2025. 111 When Parliament must meet if Parliament to meet if dissolved, prorogued, or expired when state of national emergency declared Subsection (2) This section applies if— a the Minister declares a state of national emergency; and b Parliament— i has been dissolved or prorogued or has expired; and ii has not been summoned to meet within 7 days after the day on which the declaration is made. The Governor-General must, by Proclamation, summon Parliament to meet at a time that is no later than 7 days after— a the day on which the Minister declares a state of national emergency; or b the day on which the writ is returned, if the Minister declares a state of national emergency— i after Parliament has been dissolved or has expired; and ii before the return of the writ under the Electoral Act 1993 for the election of members of Parliament. Parliament must meet and sit on the day appointed. See section s 18 and 18A of the Constitution Act 1986. Subsection (6) applies if— a the Minister declares a state of national emergency; and b the House of Representatives is adjourned until a date more than 7 days after the day on which the declaration is made. The Speaker of the House of Representatives must, as soon as practicable, by notice in the Gazette , appoint a day and time for the House of Representatives to meet, which must be no later than 7 days after the day on which the declaration is made. The House of Representatives must meet and sit in accordance with the notice. 112 When authorised persons may exercise certain powers in this subpart An authorised person may exercise the powers conferred on them by sections 113 , 114 , 117 , and 119 only in respect of an area, district, or ward for which the person is authorised to declare a state of local emergency. 113 Authorised person or Minister may declare state of local emergency Subsection (2) applies if an authorised person considers that an emergency has occurred or may occur in an area. The authorised person may declare a state of local emergency for— a that area; or b 1 or more districts or wards within that area. Before making a declaration under subsection (2) , an authorised person who is authorised under section 49 to declare a state of local emergency must, if practicable, — consult the mayor of any affected local authority. a consult the mayor of any affected local authority; and b in the case that the authorised person is an authorised mayor-elect, also consult the chief executive of any affected local authority. The fact that a an authorised person purporting to be authorised under section 49 or 50 declares a state of local emergency is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so. Subsection (6) applies if— a the Minister considers that an emergency has occurred or may occur in the area of any Emergency Management Committee; and b a state of local emergency has not been declared under subsection (2) in respect of that area. The Minister may declare a state of local emergency for— a that area; or b 1 or more districts or wards within that area. 114 Declaring state of local emergency for unaffected location to assist affected location Subsection (2) applies if— a a state of local emergency is in force for a location (the affected location ); and b the Minister or an authorised person considers that the resources of another location that is not affected by an emergency (the unaffected location ) are needed to assist the affected location. The Minister or an authorised person may declare a further state of local emergency for the unaffected location. 115 State of local emergency may be concurrent with national emergency declarations Sections 113 and 114 apply whether or not— a a state of national emergency is declared under section 109 in respect of another emergency; or b a national transition period is declared under section 142 in respect of another emergency. However, if a state of national emergency or a national transition period is in force, section 59 applies. A state of local emergency remains in force if a state of national emergency or a national transition period is subsequently declared in respect of another emergency, even if both emergencies affect the same location. 116 When state of emergency starts and expires A state of emergency— a starts at the time and on the date that the state of emergency is declared; and b expires at the time and on the date that is 7 days after the state of emergency starts. Nothing in this section prevents— a the extension of the duration of a state of emergency under section 117 ; or b the termination of a state of emergency under section 119 . 117 Extending duration of state of emergency The Minister may declare that the duration of a state of national emergency is extended if— a the Minister considers that— i the criterion specified in section 109(1)(b) continues to be met; and ii the extension is required; and b the state of national emergency has not yet ended. The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (1) . The Minister or an authorised person may declare that the duration of a state of local emergency is extended if— a the Minister or authorised person considers that the extension is required; and b the state of local emergency has not yet ended. The following persons may, in declaring an extension to the duration of a state of emergency, apply that extended state of emergency to a smaller location than the location to which it previously applied: a in the case of a state of national emergency, the Minister: b in the case of a state of local emergency, the Minister or an authorised person. Example A state of local emergency originally applied to 1 area. If its duration is extended, the state of local emergency may be applied to 1 district in that area but not to the other districts in that area. 118 Further provisions relating to extending state of emergency An extension of the duration of a state of emergency starts— a immediately before the state of emergency would have ended under section 116 (1)(b) ; or b if the state of emergency was previously extended under section 117 , immediately before that extension would have ended under subsection (2) . An extension of the duration of a state of emergency expires at the time and on the date that is 7 days after the extension to the state of emergency starts. The duration of a state of emergency may be extended any number of times. Nothing in this section or in section 117 prevents the termination of a state of emergency under section 119 . 119 Terminating state of emergency The Minister may declare that a state of national emergency is terminated. A state of national emergency is terminated if the Minister— a declares that the state of national emergency is terminated; or b declares a state of national emergency under section 109(2) for the same emergency that applies to— i the whole of New Zealand; or ii the area or district to which an existing national emergency applies. The Minister or an authorised person may declare that the state of local emergency is terminated. A state of local emergency is terminated if— a the Minister or an authorised person declares that the state of local emergency is terminated; or b the Minister declares a state of national emergency under section 109(2) for the same emergency that applies to— i the whole of New Zealand; or ii the area, district, or ward to which the state of local emergency applies; or c an authorised person or the Minister declares another state of local emergency under section 113 for the same emergency that applies to the area, district, or ward to which the first state of local emergency applies. A declaration made under this section ends the state of emergency when made. In addition, a state of local emergency ends in the following circumstances: a if an authorised person declares a local transition period under section 145(2) , to the extent specified in accordance with section 145(6) (if applicable): b if the Minister declares a local transition period under section 146(2) , to the extent specified in accordance with section 146(4) (if applicable). 120 Form and publication of declarations of states of emergency, extensions, and terminations A declaration under this subpart must— a specify the time and date on which it is made; and b specify the areas, districts, or wards to which it applies; and c otherwise be in the form and manner prescribed in the rules. The declaration may include any additional information that the person making the declaration considers relevant. A person who makes a declaration under this subpart must— a immediately notify the public of the declaration by any means of communication that are reasonably practicable in the circumstances; and b as soon as is reasonably practicable, publish the declaration— i in the Gazette ; and ii on an internet site maintained by or on behalf of — A the Director-General Director-General’s internet site , if the Minister made the declaration; or B the responsible Emergency Management Committee Committee’s internet site , if an authorised person made the declaration. 121 Interpretation of this subpart In this subpart, unless the context otherwise requires,— applicable emergency means the emergency in respect of for which a state of emergency has been declared at the time at which, and in respect of which, the power is exercised authorised Controller means any one of the following persons: a a Regional Controller: b a District Controller authorised Controller means any one of the following persons: a the National Controller or a person authorised by them under section 19A : b a Regional Controller or a person authorised by them under section 56 : c a District Controller or a person authorised by them under section 57 : d a Local Controller under direction constable , in sections 128 to 136 , means a constable or a person authorised by them under section 166A Local Controller under direction means a Local Controller to whom both of the following apply: a the Local Controller has been directed, under section 58(2) , to perform a function or duty, or exercise a power, of a Regional Controller in respect of which the Regional Controller is an authorised Controller; and b the terms of the direction permit the Local Controller to perform the function or duty, or exercise the power, in the circumstances property means any of the following: a land: b a building: c an animal: d a vehicle, a ship, or an aircraft: e earth-moving equipment or construction materials or equipment: f furniture, bedding, food, or water: g medicines or medical supplies: h any other apparatus, implement, equipment, materials, or supplies . specified person means any one of the following persons: a the National Controller: b a Regional Controller: c a District Controller: d a constable. 122 Minister’s emergency power of direction Subsection (2) applies if— a a state of emergency is in force, or the Minister considers that an imminent threat of an emergency exists; and b the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2) . The Minister may direct a person or a body specified in subsection (3) to perform or exercise, or to cease to perform or exercise, any of the functions, duties, or powers conferred on that person or body under this Act. The persons and bodies the Minister may direct are as follows: a the Director-General: b an Emergency Management Committee: c any other person. Subsection (5) applies if— a a location is subject to both— i a state of emergency; and ii a designation under subpart 6B of Part 2 of the Building Act 2004; and b a person who may exercise powers under this Act in relation to the state of emergency is also the responsible person under that subpart ( see section 133BK of the Building Act 2004). The Minister may direct that responsible person— a to exercise any of the powers conferred on the person under that subpart; or b to cease to exercise any of those powers. Subsection (7) applies if, under subsection (2) or (5) , the Minister directs an Emergency Management Committee or a person (other than the Director-General) to perform or exercise any function, duty, or power. The Minister may direct that the function, duty, or power must be performed or exercised under the control, and to the satisfaction, of the Director-General. 123 Application of sections 125 to 135 The powers in sections 125 to 135 apply if a state of national or local emergency is in force in or within an area. 124 When authorised Controllers or specified persons may exercise powers An authorised Controller or a specified person may exercise the powers conferred on them by sections 127 to 135 only in respect of a location for which the person is responsible. 124 Limitations on exercise of powers in sections 127 to 135 The National Controller or a person authorised by them under section 19A may exercise the powers conferred on them by sections 127 to 135 only during a state of national emergency. Any other authorised Controller may exercise the powers conferred on them by sections 127 to 135 only in respect of an area or district for which the authorised Controller is appointed as a Controller. 125 Emergency powers of Emergency Management Committees An Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 29 may— Rescue and relief a provide for the rescue of endangered persons and their removal to areas of safety: b set up first aid posts, and provide for first aid to be given to casualties and for casualties to be moved to hospitals or to other places of treatment or safety: c provide for the relief of human distress, including emergency food, clothing, and shelter: d undertake emergency measures for the disposal of dead persons or animals if it is satisfied that the measures are urgently necessary in the interests of public health: da undertake emergency measures for the disposal of dead animals if it is satisfied that the measures are urgently necessary in the interests of public health: Transport, equipment, and facilities e prohibit or regulate land, air, and water traffic within the area to the extent necessary to conduct emergency management: f provide equipment, accommodation, and facilities for the exercise of any of the powers conferred by this section: Public information g provide information and advice to the public: Contractual arrangements h enter into contracts, including employment contracts, with any person for the purpose of carrying out emergency management. An Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 29 must act consistently with any directions given by the Minister or the Director-General. 126 Power to enter contracts on behalf of Emergency Management Committee The following persons may enter into a contract on behalf of an Emergency Management Committee for any of the purposes of this Act: a the chairperson of the Committee: b the deputy chairperson of the Committee: c an employee of the Committee, or an employee of a local authority member of the Committee, who is authorised, in the Committee’s regional emergency management plan, to enter into contracts for a specified purpose of this Act: d an authorised the Regional Controller appointed by the Committee . A person who exercises the power conferred under this section must report the full circumstances of its exercise to the Emergency Management Committee— a at its next ordinary meeting; or b if that is not practicable, at the following ordinary meeting. This section applies despite anything in the Public Bodies Contracts Act 1959. 127 Emergency powers of authorised Controllers An authorised Controller may— a carry out or require to be carried out all or any of the following: i works, including (without limitation) works on land, water, and infrastructure: ii clearing of roads and other public places: iii removing, disposing of, securing, removal, disposal, or securing of, or otherwise making safe, dangerous structures and materials including structures and materials on private land: b provide for the conservation and supply of food, water, fuel, and other essential supplies. See also section 170 , which authorises an authorised Controller to require information. 128 Power to evacuate premises and places A specified person may take an action specified in subsection (2) if, in the opinion of a Controller or a constable, the action is necessary to preserve human life. The actions a specified person may take are as follows: a directing the evacuation of persons or vehicles from any premises or place, including a public place: b directing the exclusion of persons or vehicles from any premises or place, including a public place. An authorised Controller or a constable may direct— a the evacuation of persons or vehicles from any premises or place, including a public place: b the exclusion of persons or vehicles from any premises or place, including a public place. However, an authorised Controller or a constable may take an action authorised in subsection (1) only if the action is, in the opinion of one of the following persons, necessary to preserve human life: a the National Controller: b a Regional Controller: c a District Controller: d a Local Controller under direction: e a constable. 129 Power to enter premises and places A specified person An authorised Controller or a constable may take the action specified in subsection (2) if the specified person authorised Controller or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following: a preserve human life, prevent injury to people, or rescue and remove injured or endangered people: b permit or facilitate carrying out an urgent measure for the relief of suffering or distress of people: c mitigate unreasonable or unnecessary pain or distress of an animal. The specified person authorised Controller or constable may enter on or into, and if necessary break into, 1 or more of the following: a premises, other than a marae: b a place, including a public place: c a marae, but only for a reason specified in subsection (1)(a) or (b) . The specified person authorised Controller or constable must not exercise the power authorised in subsection (2) for the reason specified in subsection (1)(c) unless— a the specified person authorised Controller or constable has first made efforts that are reasonable in the circumstances to contact— i the owner of the place or premises; or ii if the owner is not the occupier of the place or premises, the occupier of the place or premises; and b the specified person authorised Controller or constable has been unable to contact the owner or, if applicable, the occupier of the place or premises. A specified person An authorised Controller or a constable who enters on or into premises or a place under this section for the reason specified in subsection (1)(c) — a may, for that purpose, examine, mark, seize, take a sample from, secure, disinfect, or destroy an animal: do 1 or more of the following: i examine, mark, take a sample from, treat, secure, relocate, disinfect, or destroy an animal: ii pass an animal to a suitable person, who can address the animal’s needs: iii do anything else, in relation to an animal, that is reasonable in the circumstances; and b must make efforts that are reasonable in the circumstances to— i leave the premises or place secured; and ii contact the owner or, if applicable, occupier of the place or premises to inform them of the action the specified person authorised Controller or constable has taken. In this section, marae has the same meaning as in section 2(1) of the Animal Welfare Act 1999 . 130 Power to close roads and public places The action specified in subsection (3) may be taken by either any of the following persons : a a specified person: a an authorised Controller: aa a constable: b a person authorised by a relevant emergency management plan to exercise the power in this section. The person may take the action authorised in subsection (3) if the person believes on reasonable grounds that the action is necessary to do 1 or more of the following: a limit or reduce the extent of the applicable emergency: b prevent potentially negative effects of the applicable emergency. The person may prohibit or restrict the following from accessing a road or public place: a persons, including 1 or more classes or groups of persons: b vehicles, including 1 or more classes or groups of vehicles. A prohibition or restriction under subsection (3) may be total or partial. 131 Power to remove obstructing vehicles A specified person An authorised Controller or a constable may— a remove an aircraft, ship, train, or vehicle from a place if it is impeding emergency management; and b if reasonably necessary for that purpose, use force or break into the aircraft, ship, train, or vehicle. The specified person authorised Controller or constable may take the action authorised in subsection (1) if the specified person authorised Controller or constable believes on reasonable grounds that the action is necessary to do either or both of the following: a limit or reduce the extent of the applicable emergency: b prevent potentially negative effects of the applicable emergency. 132 Power to requisition property A specified person may take the action authorised in subsection (2) if, in the opinion of a primary specified person, the action is necessary to preserve human life. The specified person may requisition property by directing the responsible owner to immediately place the property under the control and direction of— a the specified person; or b if the requisition is made at the request of another specified person, that other specified person. However, if the responsible owner of property that may be requisitioned under this section cannot be immediately found, the specified person may requisition the property and— a assume immediately the control and direction of the requisitioned property; or b if the requisition is made at the request of another specified person, immediately place the property under the control and direction of that other specified person. An authorised Controller or a constable may requisition property by— a directing the responsible owner to immediately place the property under the control and direction of the authorised Controller or constable; or b if the responsible owner of the property cannot immediately be found, assuming immediately the control and direction of the requisitioned property; or c if the requisition is made at the request of another authorised Controller or constable, placing the property under the control and direction of that other authorised Controller or constable. However, an authorised Controller or a constable may take an action authorised in subsection (1) only if the action is, in the opinion of one of the following persons, necessary to preserve human life: a the National Controller: b a Regional Controller: c a District Controller: d a Local Controller under direction: e a constable. A specified person An authorised Controller or a constable who requisitions property under subsection (2) or (3) must give the responsible owner a written statement specifying— a the property that is requisitioned; and b the person under whose control and direction the property is to be placed. A statement given under subsection (4) that relates to property requisitioned when the responsible owner of the property cannot immediately be found under subsection (3) must be given to the responsible owner as soon as is reasonably practicable in the circumstances. The responsible owner must provide the specified person authorised Controller or constable with any assistance that the specified person authorised Controller or constable may reasonably require for the effective and safe use of that property, both including — a immediately before it is requisitioned; and b after it is requisitioned. In this section, — responsible owner means— a a person who owns, in whole or in part, property that is— i to be requisitioned under this section; or ii requisitioned under this section; or b a person who is in control of property immediately before it is requisitioned under this section. primary specified person — a means a specified person; but b does not include a person acting under the authority of a specified person responsible owner means— a a person who owns, in whole or in part, property that is— i to be requisitioned under this section; or ii requisitioned under this section; or b a person who is in control of property immediately before it is requisitioned under this section. 133 Power to examine, seize, destroy , and undertake other activities in relation to property and things A specified person An authorised Controller or constable may examine, mark, seize, take a sample from, secure, disinfect, or destroy 1 or more of the following: a any property: b an animal: c any other thing. The person authorised Controller or constable may take the action authorised in subsection (1) if the person authorised Controller or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following: a limit or reduce the extent of the applicable emergency: b prevent potentially negative effects of the applicable emergency. 134 Power to direct or request person to cease activity or take action A specified person An authorised Controller or a constable may— a direct a person to cease an activity that may cause, or substantially contribute to the consequences of , an the applicable emergency: b request a person, verbally or in writing, to take an action to prevent or limit or reduce the consequences of the applicable emergency. 135 Power to direct owner of structure to obtain assessment A specified person An authorised Controller or constable may direct— a the owner of a structure (or the owner’s agent) to obtain an assessment of the effect on the structure of the applicable emergency and any related subsequent events: b the owners of structures of a particular class or type (or the owners’ agents) to obtain assessments of the effect on structures of the class or type they own of the applicable emergency and any related subsequent events. The specified person authorised Controller or constable may take the action authorised by this section only if they are satisfied that the structure or class or type of structure may, in the circumstances, pose a risk— a of injury to people; or b to the safety of human life or of property (other than the structure itself). A direction must— a state the purpose of the assessment and specify the assessment that is required; and b specify a reasonable time within which the assessment must be completed and given to the person who gave the direction. The specified person authorised Controller or constable must give notice of the direction in accordance with section 136 . An owner (or owner’s agent) who is given a direction must— a obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and b give a copy of the assessment to the person who gave the direction as soon as is reasonably practicable and within the time specified in the direction. The owner or the owner’s agent may appeal to the District Court against the direction under section 207 (1)(a) on the grounds that the direction is unreasonable . 136 Notice requirements for direction given under section 135 A specified person An authorised Controller or constable who gives a direction under section 135(1)(a) or (b) — a must use endeavours that are reasonable in the circumstances to notify the following persons of the direction in accordance with section 206 : i each owner (or each owner’s agent) and each occupier of each structure to which the direction applies: ii each owner (or each owner’s agent) and each occupier of an any adjacent structure or adjoining land; and b must attach a copy of the notice to a prominent place on, or adjacent to, each structure to which the direction applies. A person An authorised Controller or constable who gives a direction under section 135(1)(b) must — also give public notice of the direction that is reasonable in the circumstances. a give notice of the direction to the public that is reasonable in the circumstances; and b publish notice of the direction in the Gazette as soon as practicable. A notice given under subsection (1) or (2) this section must— a state the reasons for giving the direction; and b describe the matter to which the direction applies; and c specify a reasonable time within which the assessment must be completed; and d if applicable, state where further information may be viewed. A notice given under subsection (2) must be published in the Gazette as soon as practicable. 137 Warrant for entry to obtain information This section applies if— a a state of emergency is in force; or b an office holder considers that an imminent threat of an emergency exists. An office holder may apply to the District Court for a warrant authorising a constable to enter and search any 1 or more premises, other than a private dwelling or marae, for the purpose of obtaining information required to— a limit the extent of an existing emergency; or b prevent a threatened emergency or limit its extent. The application must be made to a District Court Judge in the manner provided for in section 98(1) to (4) of the Search and Surveillance Act 2012, but with the following modifications: a each reference to the issuing officer is to be read as a reference to a District Court Judge; and b each reference to the applicant is to be read as a reference to the office holder. A District Court Judge may issue the warrant to the office holder only if satisfied by the office holder— a that— i a state of emergency is in force; or ii an imminent threat of an emergency exists; and b that the information is urgently required to— i limit the extent of the existing emergency; or ii prevent the threatened emergency or limit its extent; and c that the person in possession of the information has refused to provide the information. The District Court Judge may authorise the warrant to be executed on more than 1 occasion during the period in which the warrant is in force if the Judge is satisfied that this is required for the purposes for which the warrant is being issued. A warrant may be issued under this section— a even if a requirement to give the information referred to in subsection (3) has been imposed at an earlier time under section 170 ; and b whether or not proceedings in relation to an appeal or the prosecution of an offence in respect of that requirement have been completed. In this section, office holder means any one of the following persons: a the Director-General: b the National Controller: c an authorised Controller: d a person authorised by an Emergency Management Committee under section 29(2)(ea) to act as an office holder under this section. 138 Form and content of warrant A warrant issued under section 137 — a must be in the form prescribed in regulations; and b must state the period, not exceeding 10 days, for which it is valid; and ba must, if the warrant may be executed on more than 1 occasion, state the number of times that the warrant may be executed; and c must state the address or description of the each premises that may be entered and searched; and ca must specify the information that may be searched for and seized; and d must be directed to a constable by name, or to a class of constables stated in the warrant, or generally to every constable; and e is subject to any special conditions that the District Court Judge may state in the warrant. 139 Powers conferred by warrant A warrant issued under section 137 authorises the constable executing the warrant— a to enter and search the premises stated in the warrant at any time during the currency of the warrant; and — i at any time during the currency of the warrant; and ii only once during the currency of the warrant, unless execution on more than 1 occasion has been authorised; and b to use any assistants that may be reasonable in the circumstances for the purpose of the entry and search; and c to use any force that is reasonable in the circumstances for the purpose of effecting entry and for breaking open anything in or on the place searched; and d to search for and seize the information referred to in section 137 and, for that purpose,— iaaa to access any document or data held in a computer system or other data storage device; and i to take copies of any document or data , or extracts from any document or data ; and ii to require any person who has a document or data in their possession or under their control to reproduce, or to assist the person executing the warrant to reproduce, in usable form, any information recorded or stored in the document or data . A District Court Judge may issue a warrant subject to 1 or more conditions, which may be in addition to, or in place of, the authorisation in subsection (1) . Each person called on to assist any constable executing a warrant issued under section 137 has the powers described in subsection (1) (a), (c) , and (d) . Nothing in this section authorises the seizure of information that— a concerns the medical condition or history of any person; or b is protected by legal professional privilege. In this section, computer system has the meaning set out in section 3(1) of the Search and Surveillance Act 2012. 139A Exercise of powers conferred by warrant Section 131 of the Search and Surveillance Act 2012 applies to the exercise of powers conferred by a warrant issued under section 137 , but with the following modifications: a each reference to a person exercising a search power is to be read as a reference to a constable executing the warrant; and b each reference to a place is to be read as a reference to the premises stated in the warrant. 140 Disposal of information seized under warrant If a constable seizes any information or document under section 139 , the constable must— a give it to one of the following persons: the Director-General, a Controller, or a person authorised by an Emergency Management Committee; or i the Director-General or a person to whom the Director-General has delegated 1 or more of the Director-General’s functions, duties, or powers under section 21 : ii an authorised Controller: iii a person to whom an Emergency Management Committee has delegated 1 or more of its functions, duties, or powers under section 29 ; or b if it is no longer required for the purpose for which it was seized, return it to the person from whom it was seized. A person to whom a constable gives any information or document under subsection (1)(a) must return it to the person from whom it was seized when the information is no longer required for the purpose for which it was seized. This section is subject to section 152 of the Search and Surveillance Act 2012. 141 Interpretation of this subpart In this subpart, unless the context otherwise requires, authorised person means a person authorised or otherwise empowered, under section 49 , or 50 , or 50A , to declare a local transition period. 142 Minister may declare national transition period This section applies if,— a in respect of an area,— i a state of emergency has been declared and is in force; or ii an emergency arises but no state of emergency has been declared for that area in respect of that emergency; and b the Minister considers that a national transition period is required. The Minister may declare a national transition period that applies to— a the whole of New Zealand; or b 1 or more areas or districts. Before declaring a national transition period, the Minister must— a be satisfied that enabling the use of the powers in sections 156 to 165 is— i in the public interest; and ii necessary or desirable to ensure a timely and effective recovery; and b have regard to the following matters: i the areas or districts affected by the emergency: ii whether the focus of activities in an area or a district is moving from response to recovery, including whether a state of emergency is about to expire or be terminated: iii the capacity of any Emergency Management Committee and any local authority in an area or a district affected by the emergency to carry out recovery activities. If the Minister declares a national transition period, the Minister must advise the House of Representatives as soon as practicable. 143 Extending location to which national transition period applies This section applies if the Minister has declared a national transition period that applies to an area or a district (the affected location ) but not to the whole of New Zealand. The Minister may declare that the national transition period is extended to apply applies to 1 or more further areas or districts, whether or not any of those further areas or districts overlaps or is contiguous with the affected location. The Minister may make a declaration under subsection (2) only if the Minister considers that the criteria in section 142 (1) apply to each of the further areas or districts. The Minister must inform the House of Representatives as soon as practicable if the Minister makes a declaration under subsection (2) . 144 When authorised persons may exercise certain powers in this subpart An authorised person may exercise the powers conferred on them by sections 145 , 147 , 151 , and 153 only in respect of an area, district, or ward for which the person is authorised to declare a local transition period. 145 Authorised person may declare local transition period Subsection (2) applies if— a a state of emergency has been declared for an area; and b an authorised person considers that a local transition period is required for that area or for 1 or more districts or wards within that area. The authorised person may declare a local transition period for that applies to — a that area; or b 1 or more districts or wards within that area. Subsection (4) applies if— a an emergency arises but no state of emergency has been declared in an area in respect of that emergency; and b an authorised person considers that a local transition period is required for that area or for 1 or more districts or wards within that area. The authorised person may, with the approval of the Minister, declare a local transition period for— a that area; or b 1 or more districts or wards within that area. Subsection (6) applies if, in respect of an area,— a a state of emergency has been declared; and b the authorised person declares a local transition period under subsection (2)(b) or (4)(b) for 1 or more districts or wards within the area. The authorised person must, in the declaration, specify, in respect of the remaining districts or wards in the area, whether the state of emergency— a remains in force; or b is terminated. The fact that a person purporting to be authorised under section 49 or 50 declares a local transition period is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so. 146 Minister may declare local transition period if authorised person has not done so Subsection (2) applies if,— a in respect of an area,— i a state of emergency has been declared; or ii an emergency arises but no state of emergency has been declared for that area in respect of that emergency; and b in respect of the whole or part of the area,— i a local transition period has not been declared under section 145(2) or (4) ; and ii the Minister considers that a local transition period is required. The Minister may declare a local transition period for— a that area; or b 1 or more districts or wards within that area. Subsection (4) applies if, in respect of an area,— a a state of emergency has been declared; and b the Minister declares a local transition period under subsection (2)(b) for 1 or more districts or wards within the area. The Minister must, in the declaration, specify, in respect of the remaining districts or wards within the area, whether the state of emergency— a remains in force; or b is terminated. 147 Declaring local transition period for unaffected location to assist affected location Subsection (2) applies if— a a local transition period is in force for a district or ward within the area of an Emergency Management Committee (the affected location ); and b the Minister or an authorised person considers that the resources of another district or ward in that area that is not affected by an emergency (the unaffected location ) are needed to assist the affected location. The Minister or the authorised person may declare a further local transition period for the unaffected location. 148 Matters Minister or authorised person must consider when declaring or extending local transition period Subsections (3) and (4) apply if the Minister or an authorised person is considering, in accordance with section 145 (1)(b) or (3)(b), 146 (1)(b)(ii), or 151 (1)(b)(i) , whether to declare or extend a local transition period under any of those sections. Subsection (3) applies if the Minister or an authorised person is considering, in accordance with section 147 (1)(b) , whether to declare a local transition period under that section. The Minister or the authorised person must not declare or extend a local transition period unless satisfied that enabling the use of the powers in sections 156 to 165 is— a in the public interest; and b necessary or desirable to ensure a timely and effective recovery. In deciding whether to declare or extend a local transition period, the Minister or the authorised person must have regard to— a the areas, districts, or wards affected by the emergency; and b whether the focus of activities in an area, district, or ward is moving from response to recovery, including whether a state of emergency is about to expire or be terminated. Subsections (6) and (7) apply Subsection (6) applies if the Minister is considering, in accordance with section 146 (1)(b)(ii) or 151 (1)(b)(i) , whether to declare or extend a local transition period under either of those sections. The Minister must, in a manner the Minister considers appropriate, consult the following bodies and persons: a all Emergency Management Committees affected by the emergency: b the mayor of any affected local authority. However, subsection (5) (6) does not apply if, in the opinion of the Minister,— a it is impracticable in the circumstances to apply the requirements of that subsection; or b the urgency of the situation requires the declaration to be given immediately. 149 Local transition period may be concurrent with national emergency declarations Sections 145 to 147 apply whether or not— a a state of national emergency is declared under section 109 ; or b a national transition period is declared under section 142 . However, if a state of national emergency or a national transition period is declared concurrently with a local transition period, section 59 applies. A local transition period remains in force if a state of national emergency or a national transition period is subsequently declared in respect of another emergency, even if both emergencies affect the same location. 150 When transition period starts and expires A transition period for an area or a district or ward within an area in respect of which a state of emergency has been declared starts— a on the expiry of the state of emergency under section 116(1)(b) or 118 (2) , if the transition period is declared to come into force on the expiry of the state of emergency; or b on the termination of the state of emergency under section 119 . In any other case, a transition period comes into force at the time and on the date the transition period is declared. A national transition period expires at the time and on the date that is 90 days after the national transition period comes into force, unless earlier extended or terminated. A local transition period expires at the time and on the date that is 28 days after the local transition period comes into force, unless earlier extended or terminated. 151 Extending duration of transition period Subsection (2) applies if— a a national transition period has been declared and is in force; and b the Minister— i considers that an extension to the duration of the national transition period is required; and ii is satisfied that extending the use of the powers in sections 156 to 165 is— A in the public interest; and B necessary or desirable to ensure a timely and effective recovery; and iii has had regard to the following matters: A the areas or districts affected by the emergency: B the capacity of any Emergency Management Committee and any local authority in an area or a district affected by the emergency to carry out recovery activities. The Minister may declare that the duration of the national transition period is extended. The Minister must inform the House of Representatives as soon as practicable if the Minister has made a declaration under subsection (2) . The Minister or an authorised person may declare that the duration of a local transition period is extended if— a the Minister or authorised person considers that the extension is required; and b the local transition period has not yet ended. The following persons may, in declaring an extension to the duration of a transition period, apply that extended transition period to a smaller location than the location to which it previously applied: a in the case of a national transition period, the Minister: b in the case of a local transition period, the Minister or an authorised person. Example A local transition period originally applied to 1 area. If its duration is extended, the local transition period may be applied to 1 district in that area but not to the other districts in that area. See section 148 for matters that the Minister or the authorised person must consider when extending a local transition period. 152 Further provisions relating to extending transition period An extension of the duration of a transition period— a starts immediately before the transition period would otherwise expire under section 150(3) or (4) or paragraph (b) , as applicable; and b expires,— i in the case of a national transition period, at the time and on the date that is 90 days after the extension comes into force, unless terminated earlier; or ii in the case of a local transition period, at the time and on the date that is 28 days after the extension comes into force, unless terminated earlier. An extension of the duration of a transition period starts immediately before the transition period would otherwise expire under section 150(3) or (4) or subsection (1A) , as applicable. An extension of the duration of a transition period expires,— a in the case of a national transition period, at the time and on the date that is 90 days after the extension comes into force, unless terminated earlier; or b in the case of a local transition period, at the time and on the date that is 28 days after the extension comes into force, unless terminated earlier. The duration of a transition period may be extended any number of times. If a local transition period is extended a third or further time,— a the person who extends the period (unless the person is the Minister) must notify the Minister of the extension; and b the person who extends the period must notify the public of the extension in accordance with section 154 ; and c the Minister must inform the House of Representatives of the extension as soon as practicable. 153 Terminating transition period The Minister may declare that a national transition period is terminated. A national transition period is terminated if the Minister— a declares that the national transition period is terminated; or b declares a national transition period under section 142(2) for the same emergency that applies to— i the whole of New Zealand; or ii the area or district to which an existing national transition period applies. The Minister or an authorised person may declare that the local transition period is terminated. A local transition period is terminated if— a the Minister or an authorised person declares that the local transition period is terminated; or b the Minister declares a national transition period under section 142(2) for the same emergency that applies to— i the whole of New Zealand; or ii the area, district, or ward to which the local transition period applies; or c an authorised person or the Minister declares another local transition period under section 145 or 146 for the same emergency that applies to the area, district, or ward to which the first local transition period applies. Before making a declaration under subsection (2) (a) , the Minister must, in a manner the Minister considers appropriate, consult the following bodies and persons: a all an Emergency Management Committees affected by the emergency Committee, if the local transition period is in force in, or within, the Committee’s area : b the mayor of any affected a local authority , if the local transition period is in force in, or within, the local authority’s region or district . However, subsection (3) does not apply if, in the opinion of the Minister,— a it is impracticable in the circumstances to apply the requirements of that subsection; or b the urgency of the situation requires the termination to be declared immediately. A declaration terminating a transition period ends the transition period when made. 154 Form and publication of declarations of transition periods, extensions, and terminations This section applies to the following declarations: a a declaration of a transition period: b a declaration of the extension of the duration of a transition period: c a declaration of the termination of a transition period. The declaration must— a specify the time and date on which the declaration is given; and b specify the areas, districts, or wards to which it applies; and c otherwise be in the form and manner prescribed in the rules. The declaration may include any additional information that the person making the declaration considers relevant. A person who makes a declaration must do both of the following: a as soon as is reasonably practicable, notify the public of the declaration by publishing it on an internet site to which the public has free access: b ensure that the declaration is published in the Gazette as soon as is reasonably practicable. 155 Interpretation of this subpart In this subpart, unless the context otherwise requires,— applicable emergency means the emergency in respect of for which a transition period has been declared at the time at which, and in respect of which, the power is exercised authorised Recovery Manager means any one of the following persons: a the National Recovery Manager: b a Regional Recovery Manager: c a District Recovery Manager authorised Recovery Manager means any one of the following persons: a the National Recovery Manager or a person authorised by them under section 20A : b a Regional Recovery Manager or a person authorised by them under section 65 : c a District Recovery Manager or a person authorised by them under section 66 : d a Local Recovery Manager under direction constable , in sections 161 to 166 , means a constable or a person authorised by them under section 166A Local Recovery Manager under direction means a Local Recovery Manager to whom both of the following apply: a the Local Recovery Manager has been directed, under section 67(2) , to perform a function or duty, or exercise a power, of a Regional Recovery Manager in respect of which the Regional Recovery Manager is an authorised Recovery Manager; and b the terms of the direction permit the Local Recovery Manager to perform the function or duty, or exercise the power, in the circumstances property means any of the following: a land: b a building: c an animal: d a vehicle, a ship, or an aircraft: e earth-moving equipment or construction materials or equipment: f furniture, bedding, food, or water: g medicines or medical supplies: h any other apparatus, implement, equipment, materials, or supplies. 156 Minister’s transition period power of direction Subsection (2) applies if— a a transition period is in force; and b the Minister considers that, having regard to all the circumstances, it is expedient to exercise the power in subsection (2) . The Minister may direct a person or a body specified in subsection (3) to perform or exercise, or to cease to perform or exercise, any of the functions, duties, or powers conferred on that person or body under this Act. The persons and bodies the Minister may direct are as follows: a the Director-General: b an Emergency Management Committee: c any other person. Subsection (5) applies if— a a location is subject to both— i a transition period; and ii a designation under subpart 6B of Part 2 of the Building Act 2004; and b a person who may exercise powers under this Act in relation to the transition period is also the responsible person under that subpart ( see section 133BK of the Building Act 2004). The Minister may direct that responsible person— a to exercise any of the powers conferred on the person under that subpart; or b to cease to exercise any of those powers. Subsection (7) applies if, under subsection (2) or (5) , the Minister directs an Emergency Management Committee or a person (other than the Director-General) to perform or exercise any function, duty, or power. The Minister may direct that the function, duty, or power must be performed or exercised under the control, and to the satisfaction, of the Director-General. 157 Application of sections 160 to 165 The powers in sections 160 to 165 apply if a national or local transition period is in force in or within an area. 158 When Recovery Managers may exercise powers A Recovery Manager may exercise the powers conferred on an authorised Recovery Manager by sections 160 to 165 if the exercise of the powers— a is in respect of those areas for which the Recovery Manager is responsible; and b is, in the opinion of the Recovery Manager,— i in the public interest; and ii necessary or desirable to ensure a timely and effective recovery; and iii proportionate in the circumstances. 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. 158 Limitations on exercise of powers in sections 160 to 165 An authorised Recovery Manager or a constable may exercise the powers conferred on them by sections 160 to 165 — a if the exercise of the powers is, in the opinion of the authorised Recovery Manager or constable,— i in the public interest; and ii necessary or desirable to ensure a timely and effective recovery; and iii proportionate in the circumstances; and b in the case of the National Recovery Manager or a person authorised by them under this Act, only during a national transition period; and c in the case of any other authorised Recovery Manager, only in respect of the area or district for which the authorised Recovery Manager is appointed as a Recovery Manager. However, subsection (1)(a) does not apply if, in the opinion of one of the persons specified in section 161(2)(a) to (e) , the exercise of the powers in section 161(1) is necessary to preserve human life. The requirements in this section are in addition to the requirements (if any) set out in sections 160 to 165 that apply to the exercise of the particular power. 159 When constables may exercise powers A constable may exercise the powers conferred on them by sections 160 to 165 if the exercise of the powers is, in the opinion of the constable,— a in the public interest; and b necessary or desirable to ensure a timely and effective recovery; and c proportionate in the circumstances. However, subsection (1) does not apply if, in the opinion of the constable, the exercise of the powers in section 161(2) is necessary to preserve human life. 160 Transition period powers of authorised Recovery Managers An authorised Recovery Manager may— a carry out or require to be carried out all or any of the following: i works, including (without limitation) works on land, water, and infrastructure: ii clearing of roads and other public places: iii removing, disposing of, securing, removal, disposal, or securing of, or otherwise making safe, dangerous structures and materials, including structures and materials on private land: b examine and mark examine, mark, or take a sample from 1 or more of the following: i any property: ii an animal: iii any other thing: c provide for the conservation and supply of food, water, fuel, and other essential supplies: d provide information and advice to the public. See section 170 , which authorises an authorised Recovery Manager to require information. 161 Power to evacuate premises and places An authorised Recovery Manager or a constable may take an action specified in subsection (2) if, in their opinion, the action is necessary to preserve human life. The actions an authorised Recovery Manager or a constable may take are as follows: a directing the evacuation of persons or vehicles from any premises or place, including a public place: b directing the exclusion of persons or vehicles from any premises or place, including a public place. Subsection (1) overrides sections 158(1)(b) and 159(1) . An authorised Recovery Manager or a constable may direct— a the evacuation of persons or vehicles from any premises or place, including a public place: b the exclusion of persons or vehicles from any premises or place, including a public place. However, an authorised Recovery Manager or a constable may take an action authorised in subsection (1) only if the action is, in the opinion of one of the following persons, necessary to preserve human life: a the National Recovery Manager: b a Regional Recovery Manager: c a District Recovery Manager: d a Local Recovery Manager under direction: e a constable. 162 Power to enter premises and places An authorised Recovery Manager or a constable may take the action specified in subsection (2) if the authorised Recovery Manager or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following: a preserve human life, prevent injury to people, or rescue and remove injured or endangered people: b permit or facilitate carrying out an urgent measure for the relief of suffering or distress of people: c mitigate unreasonable or unnecessary pain or distress of an animal. The authorised Recovery Manager or constable may enter on or into, and if necessary break into, 1 or more of the following: a premises, other than a marae: b a place, including a public place: c a marae, but only for a reason specified in subsection (1)(a) or (b) . The authorised Recovery Manager or constable must not exercise the power in subsection (2) for the reason specified in subsection (1)(c) unless— a the authorised Recovery Manager or constable has first made efforts that are reasonable in the circumstances to contact— i the owner of the place or premises; or ii if the owner is not the occupier of the place or premises, the occupier of the place or premises; and b the authorised Recovery Manager or constable has been unable to contact the owner or, if applicable, occupier of the place or premises. An authorised Recovery Manager or constable who enters on or into premises or a place under this section for the reason specified in subsection (1)(c) must make efforts that are reasonable in the circumstances to — a leave the premises or place secured; and b contact the owner or, if applicable, occupier of the place or premises to inform them of the action the authorised Recovery Manager or constable has taken. a may, for that purpose, do 1 or more of the following: i examine, mark, take a sample from, treat, secure, relocate, disinfect, or destroy an animal: ii pass the animal to a suitable person, who can address the animal’s needs: iii do anything else, in relation to an animal, that is reasonable in the circumstances; and b must make efforts that are reasonable in the circumstances to— i leave the premises or place secured; and ii contact the owner or, if applicable, occupier of the place or premises to inform them of the action the authorised Recovery Manager or constable has taken. In this section, marae has the same meaning as in section 2(1) of the Animal Welfare Act 1999. 163 Power to close roads and public places An authorised Recovery Manager or a constable may take the action specified in subsection (2) if the authorised Recovery Manager or constable believes on reasonable grounds that the action is necessary to do 1 or more of the following: a limit or reduce the extent of the applicable emergency: b prevent potentially negative effects of the applicable emergency. The authorised Recovery Manager or constable may prohibit or restrict the following from accessing a road or public place: a persons, including 1 or more classes or groups of persons: b vehicles, including 1 or more classes or groups of vehicles. A prohibition or restriction under subsection (2) may be total or partial. 164 Power to direct or request person to cease activity or take action An authorised Recovery Manager or a constable may— a direct a person to cease an activity that may— i cause, or substantially contribute to the consequences of, the applicable an emergency; or ii prevent, or substantially hinder, recovery from the applicable emergency: b request a person, verbally or in writing, to take an action to prevent or limit or reduce the consequences of the applicable emergency. 165 Power to direct owner of structure to obtain assessment An authorised Recovery Manager or a constable may direct— a the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the applicable emergency (and any related subsequent events) on the structure: b the owners of structures of a particular class or type (or the owners’ agents) to obtain assessments of the effect on structures of the class or type they own of the applicable emergency and any related subsequent events. The authorised Recovery Manager or constable may take the action authorised by this section only if they are satisfied that the structure or class or type of structure may, in the circumstances, pose a risk— a of injury to people; or b to the safety of human life or of property (other than the structure itself). A direction must— a state the purpose of the assessment and specify the assessment that is required; and b specify a reasonable time within which the assessment must be completed and given to the person who gave the direction. The authorised Recovery Manager or constable must give notice of the direction in accordance with section 166 . An owner (or owner’s agent) who is given a direction must— a obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and b give a copy of the assessment to the person who gave the direction as soon as is reasonably practicable and within the time specified in the direction. The owner ( or the owner’s agent ) may appeal to the District Court against the direction under section 207 (1)(a) on the grounds that the direction is unreasonable . 166 Notice requirements under section 165 An authorised Recovery Manager or a constable who gives a direction under section 165(1)(a) or (b) — a must use endeavours that are reasonable in the circumstances to notify the following persons of the direction in accordance with section 206 : i each owner (or each owner’s agent) and each occupier of each structure to which the direction applies: ii each owner (or each owner’s agent) and each occupier of an any adjacent structure or adjoining land of the direction; and b must attach a copy of the notice to a prominent place on, or adjacent to, each structure to which the direction applies. A person giving a direction under section 165(1)(b) must also give public notice of the direction that is reasonable in the circumstances. A notice given under subsection (1) or (2) must— a state the reasons for giving the direction; and b describe the matter to which the direction applies; and c specify a reasonable time within which the assessment must be completed; and d if applicable, state where further information may be viewed. A notice given under subsection (2) must be published in the Gazette as soon as practicable. 166A Constable may authorise person to perform or exercise certain functions, duties, or powers under this Part This section applies to a constable who is authorised to perform or exercise a function, duty, or power under 1 or more of the following sections: a sections 128 to 136 (which relate to functions, duties, and powers that apply in a state of emergency): b sections 161 to 166 (which relate to functions, duties, and powers that apply in a transition period). The constable may authorise another person to perform or exercise that function, duty, or power. However, the constable may not authorise another person to perform the constable’s function under section 128(2), 132(2), or 161(2) of forming an opinion about whether an action is necessary to preserve human life. Subsection (3) overrides subsection (2) . If a person is authorised under subsection (2) , the constable remains responsible and accountable under this Act for the performance or exercise of the constable’s functions, duties, and powers. 167 Person exercising emergency powers to provide proof of identity A person exercising a specified power conferred on them by this Part must— a have with them evidence of their identity; and b if requested to do so,— i produce that evidence; and ii produce evidence of, or give a general explanation of, the authority under which the person is acting and any power the person is exercising. In this section, specified power means any power conferred by each of the following sections: a in subpart 2 , sections 128 to 135 : b in subpart 4 , sections 160 to 165 . 168 Reporting requirements at expiry of state of emergency or transition period The reporting requirements set out in subpart 1 of Part 1 of Schedule 4 apply following the expiry or termination of a state of national emergency. The reporting requirements set out in subpart 2 of Part 1 of Schedule 4 apply following the expiry or termination of a state of local emergency. The reporting requirements set out in subpart 1 of Part 2 of Schedule 4 apply following the expiry or termination of a national transition period. The reporting requirements set out in subpart 2 of Part 2 of Schedule 4 apply following the expiry or termination of a local transition period. 169 Restricted application of Resource Management Act 1991 This section applies if a state of emergency or transition period is declared under this Act. The Resource Management Act 1991 applies to emergency works as provided for in section 330B of that Act. 170 Power to require information This section applies,— a at all times, to— i the Director-General or a person to whom the Director-General has delegated 1 or more of the Director-General’s functions, duties, or powers under section 21 acting under the authority of the Director-General ; and ii an Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 29 acting under the authority of a Committee ; and b during a state of emergency, to the following persons: i the National Controller: ii a Regional Controller: iii a District Controller ; and : iv a Local Controller who— A has been directed, under section 58(2) , to exercise a Regional Controller’s power to require information under this section; and B is permitted, under the terms of the direction, to exercise the power in the circumstances; and c during a transition period, to the following persons: i the National Recovery Manager: ii a Regional Recovery Manager: iii a District Recovery Manager . : iv a Local Recovery Manager who— A has been directed, under section 67(2) , to exercise a Regional Recovery Manager’s power to require information under this section; and B is permitted, under the terms of the direction, to exercise the power in the circumstances. A person to whom or a Committee to which this section applies (a designated person or Committee recipient ) may, by notice in writing, require any person to give them or it provide the recipient with information that is,— a in the opinion of the designated person or Committee requiring the information recipient , reasonably necessary for them or it the recipient to obtain in order to carry out emergency management; and b in the possession of the person who is asked to give provide the information; and c capable of being provided without unreasonable difficulty or expense. The person may appeal to the District Court against the requirement to provide information under section 207 (1)(b) on the grounds that the requirement is unreasonable . 171 How information is to be provided This section applies if a person is required by a designated person or Committee recipient to provide information under section 170 . The information must be given— a in the form specified by the designated person or Committee recipient ; and b within the reasonable time specified by the designated person or Committee recipient ; and c free of charge. 172 Medical and legally privileged information not to be disclosed This section applies to the following requirements: a a requirement for an essential infrastructure provider to provide information or advice, or to contribute to a strategy or plan, under section 74 : b a requirement to provide information under section 170 . No requirement to give information under section 170 requires any Those requirements do not require a person to give provide — a information concerning the medical condition or history of any person; or b information that is protected by legal professional privilege. 173 Restrictions on disclosure and use of information This section applies to a person who receives information obtained as a result of any of the following: a a duty for an essential infrastructure provider to provide advice under section 74(f) : a a requirement for an essential infrastructure provider to provide information or advice, or to contribute to a strategy or plan, under section 74 : b a direction to obtain an assessment in relation to a structure under section 135(1) or 165(1) : c the execution of a warrant issued under section 137 : d a requirement to give information under section 170 . This section applies whether or not the person who receives information is the person who required the information, issued the direction, or executed the warrant under the applicable section. The person may disclose or use that information only for the purposes of this Act. However,— a the person may disclose to a responsible person information that— i is relevant to the exercise of powers under subpart 6B of Part 2 of the Building Act 2004 in an area for which a state of emergency or transition period has been declared; and ii is to be used in connection with the exercise of those powers in that area; and b the person must not use advice provided information that an essential infrastructure provider provides when performing an obligation under section 74 (f) to enforce obligations under this Act, regulations, or rules, other than the obligation obligations in section 74 (f) itself. In this section, responsible person has the same meaning as in section 133BB(1) of the Building Act 2004. 173A Application of Local Government Official Information and Meetings Act 1987 Every Emergency Management Committee is a committee of its local authorities (or in the case of a unitary authority Emergency Management Committee, is a local authority) under the Local Government Official Information and Meetings Act 1987 . The following persons are statutory officers under the Local Government Official Information and Meetings Act 1987 : a the chief executive of a local authority, and any other employee of a local authority, who is a member of an Emergency Management Co-ordinating Executive Group: b Regional Controllers, District Controllers, and Local Controllers: c Regional Recovery Managers, District Recovery Managers, and Local Recovery Managers. A meeting of an Emergency Management Co-ordinating Executive Group for the purposes of this Act is not a meeting of a local authority under Part 7 of the Local Government Official Information and Meetings Act 1987 . 174 Power to serve compliance order The Director-General may serve on a person ( A ) a compliance order that does 1 or more of the following: a requires A to do something that the Director-General believes, on reasonable grounds, will ensure compliance by A, or on behalf of A, with a legislative requirement: b requires A to stop anything being done by A, or on behalf of A, that the Director-General believes, on reasonable grounds, contravenes or is likely to contravene a legislative requirement: c prohibits A from starting anything to be done by A, or on behalf of A, that the Director-General believes, on reasonable grounds, contravenes or is likely to contravene a legislative requirement. A compliance order may be made subject to any conditions that are reasonable in the circumstances. In this section, legislative requirement means a requirement— a that is imposed under any of the following: i this Act: ii regulations: iii rules: iv the national emergency management plan: v regional emergency management planning standards; and b that has been in force for at least 6 months before the compliance order to which it relates is served. 175 Compliance with compliance order A person on whom a compliance order is served must— a comply with the order within the period specified in the order; and b unless the order directs otherwise, pay all the costs and expenses of complying with it. The person may appeal to the District Court against the whole or any part of a compliance order under section 207 (1)(c) on the grounds that the compliance order, or the part of it being appealed against, is unreasonable . 176 Form and content of compliance order A compliance order must state— a the name of the person to whom it relates; and b the reasons for the order; and c the action required to be taken, stopped, or not taken; and d if applicable, the period within which the action must be taken or stopped, being a reasonable period within which to take the action required or to stop the action; and e the right of appeal under section 207 (1)(c) . 177 Director-General may amend or revoke compliance order The Director-General may amend or revoke a compliance order. However, during the appeal period for a compliance order, the Director-General may amend or revoke the compliance order only if the Director-General receives new information that relates to the compliance order. — a the Director-General receives new information that relates to the compliance order; or b the person on whom the compliance order is served consents to the amendment or revocation; or c an appeal is brought against part of the compliance order only and the amendment or revocation does not materially affect that part of the compliance order. In this section, appeal period means, in relation to a compliance order,— a the period during which the person on whom the compliance order is served has a right to appeal to the District Court under section 207(1)(c) against the compliance order; and b if the person appeals to the District Court against the whole or part of the compliance order , the period during which the compliance order is the subject of that appeal. ,— i the period during which the compliance order is the subject of that appeal; and ii after that appeal is determined, the period during which a person has a right to appeal to the High Court under section 209(1) against the District Court’s decision; and c if a person appeals to the High Court against the District Court’s decision in relation to the compliance order, the period during which the compliance order is the subject of that appeal. 178 Civil proceedings relating to non-compliance with compliance order On application by the Director-General, the District Court may make an order— a compelling a person to comply with a compliance order; or b restraining a person from contravening a compliance order. The District Court may make an order— a under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a compliance order: b under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance order. The District Court may make an order under this section— a whether or not proceedings have been brought for an offence against this Act in connection with any matter in relation to which the compliance order was issued; and b whether or not the compliance period for the compliance order has expired. In this section, compliance period means, in relation to a compliance order, the period specified in the order within which the person on whom the order is served must comply with the order. 179 Offence involving failure to comply with requirement in emergency management plan A person commits an offence if the person intentionally fails or refuses to comply with a requirement in an emergency management plan. A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000: b in any other case, to a fine not exceeding $150,000. 180 Offence involving failure to comply with direction to evacuate premises or place A person commits an offence if the person intentionally fails to comply with a direction given to them under section 128 or 161 . It is a defence to any proceedings for an offence against this section if the court is satisfied that the authorised Controller, authorised Recovery Manager, or constable did not have reasonable grounds for believing that in all the circumstances of the case the requirement was necessary to preserve human life. A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000: b in any other case, to a fine not exceeding $100,000. In this section, authorised Controller and authorised Recovery Manager have the meanings given in sections 121 and 155 . 181 Offence involving withholding assessment or giving false or misleading information in assessment A person commits an offence if the person, when directed under section 135(1) or 165(1) to obtain an assessment,— a intentionally fails or refuses to obtain the assessment within the time specified in the direction; or b intentionally fails or refuses to provide the assessment to the person who gave the direction within the time specified in the direction; or c knowingly provides in the assessment false or misleading information to the person who gave the direction. No prosecution may be brought under this section— a before the time for appeal against a direction to obtain an assessment in relation to a structure has expired under section 207(2)(a) ; and b if a person appeals under section 207(1)(a) or 209(1) , until the determination of the appeal. However, subsection (2)(b) does not apply to the extent that— a the appeal relates to a part of the direction only; and b the prosecution relates to conduct in respect of a part of the direction that is not appealed against. Subsection (2)(b) applies despite anything to the contrary in section 25 of the Criminal Procedure Act 2011. A person who commits an offence against subsection (1)(a) or (b) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000: b in any other case, to a fine not exceeding $50,000. A person who commits an offence against subsection (1)(c) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000: b in any other case, to a fine not exceeding $60,000. 182 Offence involving failure to comply with prohibition or restriction on access to road or public place A person commits an offence if the person intentionally fails to comply with any prohibition or restriction imposed under section 130 or 163 . A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000: b in any other case, to a fine not exceeding $100,000. 183 Offence involving requisitioning A person commits an offence if the person— a intentionally fails to comply with any direction given to them under section 132(2) ; or b intentionally fails to provide assistance under section 132(6) . It is a defence in any proceedings for an offence against subsection (1)(a) if the court is satisfied that the specified person authorised Controller or constable who gave the direction requisitioning property did not have reasonable grounds for believing that in all the circumstances of the case the direction was necessary to preserve human life. It is a defence in any proceedings for an offence against subsection (1)(b) if the court is satisfied that the person had reasonable grounds for not providing assistance. A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000: b in any other case, to a fine not exceeding $100,000. In this section, authorised Controller has the meaning given in section 121 . 184 Offence involving failure to comply with direction A person commits an offence if the person intentionally fails to comply with a direction given under section 134(a) or 164(a) . A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000: b in any other case, to a fine not exceeding $150,000. 185 Offence involving withholding information or giving false or misleading information A person commits an offence if the person, when required under section 170 to provide information,— a intentionally fails or refuses to supply the information within the period specified in the request; or b knowingly gives false or misleading information. No prosecution may be brought under this section— a before the time for appeal against the requirement to give information has expired under section 207(2)(a) ; and b if a person appeals under section 207(1)(b) or 209(1) , until the determination of the appeal. However, subsection (2)(b) does not apply to the extent that— a the appeal relates to a part of the requirement to give information only; and b the prosecution relates to conduct in respect of a part of the requirement that is not appealed against. Subsection (2)(b) applies despite anything to the contrary in section 25 of the Criminal Procedure Act 2011. A person who commits an offence against subsection (1)(a) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000: b in any other case, to a fine not exceeding $50,000. A person who commits an offence against subsection (1)(b) that relates to a requirement under section 170 is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $30,000: b in any other case, to a fine not exceeding $100,000. 186 Offence involving disclosure or use of information A person who intentionally discloses or uses information in breach of section 74(g) or 173 commits an offence. A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000: b in any other case, to a fine not exceeding $150,000. 187 Offence involving failure to comply with compliance order A person commits an offence if the person , without reasonable excuse, fails to comply with a compliance order served under section 174 . A person who commits an offence against this section is liable on conviction,— a in the case of an individual, to a fine not exceeding $75,000: b in any other case, to a fine not exceeding $300,000. 188 Offence involving obstruction A person commits an offence if the person, during a state of emergency or transition period, threatens, or intentionally obstructs or hinders , a person in that person’s performance or exercise of a function, duty, or power under this Act. A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000: b in any other case, to a fine not exceeding $150,000. 189 Offence involving personation A person commits an offence if the person by words, conduct, or demeanour intentionally personates or falsely represents themselves to be any of the following persons: a the Director-General: b a Controller: c a Recovery Manager: d a member of an Emergency Management Committee: e a person acting under the authority of a person specified in any of paragraphs (a) to (d) : f a person authorised or employed to perform or exercise a function, duty, or power under this Act or an emergency management plan. A person who commits an offence against subsection (1) is liable on conviction,— a in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000: b in any other case, to a fine not exceeding $150,000. 190 Interpretation of this subpart In this subpart, compensatory amount means, in relation to a person’s personal property, either or, if applicable, both of the following: a the monetary amount that a person has recovered or reasonably expects to recover under a contract of insurance for loss of, or damage to, the relevant personal property: b the monetary amount that a person has received or reasonably expects to receive as a result of damages, compensation, or an ex gratia payment for loss of, or damage to, the relevant personal property. 191 Compensation for persons whose property is requisitioned during state of emergency This section applies if, as a result of an exercise of a power under section 132 , requisitioned property has come under the control and direction of 1 or more of the following ( emergency management control ): a a Controller: b an Emergency Management Committee or a person authorised by a Committee to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 29 : c a constable or a person authorised by them under this Act . On the application of any person with an interest in the requisitioned property, reasonable compensation is payable to that person for either or both of the following, if applicable: a if the requisitioned property has been used while under emergency management control, the value of the use of the property less any compensatory amount that the person receives or reasonably expects to receive: b if the requisitioned property has suffered any loss or damage while under emergency management control, the reduction in the value of the property less any compensatory amount that the person receives or reasonably expects to receive. 192 Who is liable to pay compensation to persons whose property is requisitioned This section sets out who is liable to pay compensation due under section 191 . The compensation is payable by the Crown, out of money appropriated by Parliament for the purpose, if the requisitioned property has come under the control and direction of either of the following: a the National Controller or a person authorised by them under this Act : b a constable or a person authorised by them under this Act . The compensation is payable by the responsible an Emergency Management Committee if the requisitioned property has come under the control and direction of any of the following: a the Committee: b a Regional Controller appointed by— i the Committee, if it is a multi-member Emergency Management Committee; or ii the chief executive of the relevant unitary authority if the Committee is a unitary authority Emergency Management Committee: b the Regional Controller for the Committee’s area: c a Local Controller for the Committee . The compensation is payable by the responsible a territorial authority if the requisitioned property has come under the control and direction of a District Controller for the territorial authority . 193 Compensation for loss or damage to personal property while performing emergency management This section applies to the following persons if that person suffers loss of, or damage to, personal property as a result of the person performing or exercising a function, duty, or power during a state of emergency or transition period: a a person who carries out emergency management under the direction of the Director-General, an Emergency Management Committee, a Controller, or a Recovery Manager: b a member of an Emergency Management Committee. This section also applies to any other person or class of persons that the Minister determines should be eligible to apply for compensation under this section, provided that both of the following criteria are met: a the person or class of persons has suffered loss of, or damage to, personal property: b that loss or damage is a result of the person or class of persons carrying out emergency management during a state of emergency or transition period. However, this section does not apply if the person is eligible to apply for compensation under section 191 . On the application of a person to whom this section applies, compensation is payable to that person that is equal to either of the following: a if the personal property has been lost, the value of the property less any compensatory amount that the person receives or reasonably expects to receive: b if the personal property has been damaged, the reduction in the value of the property less any compensatory amount that the person receives or reasonably expects to receive. If the Minister determines, under subsection (2) , that this section applies to a class of persons, the Minister must, by notice in the Gazette , notify that determination as soon as practicable. Nothing in this section limits or affects the entitlement of any person to any benefit under the Social Security Act 2018. Subsection (6) applies despite anything to the contrary in that Act. 194 Who is liable to pay compensation for loss or damage to personal property while performing emergency management This section sets out who is liable to pay compensation due under section 193 . The compensation is payable by the Crown, out of money appropriated by Parliament for the purpose, if the person entitled to the payment— a was, at the time of the loss or damage, carrying out emergency management under the direction or control of any of the following: i the Director-General or a person to whom the Director-General had delegated 1 or more of the Director-General’s functions, duties, or powers under section 21 acting under the authority of the Director-General : ii the National Controller or a person authorised by them under section 19A : iii the National Recovery Manager or a person authorised by them under section 20A ; or b is a person or a member of a class of persons to whom the Minister has determined section 193 applies. The compensation is payable by the responsible an Emergency Management Committee if the person entitled to the payment was, at the time of the loss or damage, carrying out emergency management under the direction or control of any of the following: a the Committee: b a Regional Controller appointed by— i the Committee, if it is a multi-member Emergency Management Committee; or ii the chief executive of the relevant unitary authority if the Committee is a unitary authority Emergency Management Committee: b the Regional Controller or Regional Recovery Manager for the Committee’s area: c a Regional Recovery Manager appointed by— i the Committee, if it is a multi-member Emergency Management Committee; or ii the chief executive of the relevant unitary authority if the Committee is a unitary authority Emergency Management Committee: d a Local Controller or Local Recovery Manager for the Committee. : e a Local Recovery Manager. The compensation is payable by the responsible a territorial authority if the person entitled to the payment was, at the time of the loss or damage, carrying out emergency management under the direction or control of either of the following: a District Controller or District Recovery Manager for the territorial authority. a a District Controller: b a District Recovery Manager. 195 When compensation is payable by more than 1 party This section applies if compensation is payable under section 192 or 194 by more than 1 of the following parties: a the Crown: b the responsible an Emergency Management Committee: c the responsible a territorial authority. Unless those parties agree otherwise, the compensation payable must be divided equally among the parties and each party must pay 1 share of the cost. 196 Court may hear dispute about compensation under section 191 or 193 A dispute relating to 1 or more of the following matters that arises in relation to section 191 or 193 may be determined by a court of competent jurisdiction: a the entitlement of a person to compensation under the applicable section: b the amount of compensation payable: c the liability of the Crown, an Emergency Management Committee, or a territorial authority to pay compensation. 196A Interpretation of sections 197 to 199A In sections 197 to 199A ,— personal property does not include livestock or other animals property means— a real property; and b livestock; and c personal property relevant person means any one of the following persons: a the Director-General or a person to whom the Director-General has delegated 1 or more of the Director-General’s functions, duties, or powers under section 21 : b an Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 29 : c a Controller or a person authorised by them under this Act: d a Recovery Manager or a person authorised by them under this Act: e a constable or a person authorised by them under this Act: f a local authority: g a chief executive of a territorial authority or a person to whom the chief executive has delegated the chief executive’s role under section 44 . 197 Compensation for loss or damage due to exercise of other powers during emergency declarations This section applies to a person— a who has suffered loss or damage to property as a result of an action or a measure described in subsection (3) ; and b for whom the benefit, or the likely benefit, of the action or measure is disproportionately less than the loss or damage. However, this section does not apply if the person is eligible to apply for compensation under section 191 or 193 . The actions or measures are actions or measures taken— a in the exercise of a power under sections 128 to 135 or 161 to 165 by 1 or more of the following persons: i a Controller: ii a Recovery Manager: iii a constable; and b in good faith by the person exercising the power in the course of performing or exercising their functions, duties, or powers during, or in connection with, a state of emergency or transition period. A person to whom this section applies may recover compensation from the Crown or from the responsible Emergency Management Committee or territorial authority in accordance with this section and sections 198 and 199 . A claim to recover compensation under subsection (4) — a may be brought only for direct loss or damage suffered in relation to property; and b may be brought only in respect of uninsured loss or damage that does not exceed the replacement value of that property; and c must not be brought by a provider of insurance in relation to any person who has insured against the loss or damage. In this section and sections 199 and 200 , property means— a real property; and b livestock; and c personal property, excluding livestock and other animals, not exceeding $20,000 in value less any insurance cover for that personal property. 197 Compensation for loss or damage due to exercise of other powers during emergency declarations or if threat of an emergency is imminent This section applies to a person— a who has suffered loss of, or damage to, property as a result of an action or a measure specified in subsection (3) ; and b for whom the benefit, or the likely benefit, of the action or measure is disproportionately less than the loss or damage. However, this section does not apply if the person is eligible to apply for compensation under section 191 or 193 in relation to the same loss or damage. The actions or measures are actions or measures taken— a in the exercise in good faith of a power under sections 128 to 135 or 161 to 165 by 1 or more of the following persons: i a Controller or a person authorised by them under this Act: ii a Recovery Manager or a person authorised by them under this Act: iii a constable or a person authorised by them under section 166A ; or b in performing or exercising in good faith the relevant person’s functions, duties, or powers under this Act, if the relevant person ( see section 196A )— i considers that an imminent threat of an emergency exists; and ii intends the actions or measures taken to be precautionary or preventive in nature to lessen the impact of an emergency. A person to whom this section applies may apply to a court for an order for compensation for loss or damage to the person’s property. An application under subsection (4) — a may be brought only for direct loss or damage suffered in relation to property; and b may be brought only in respect of uninsured loss or damage that does not exceed the replacement value of that property; and c must not be brought by a provider of insurance in relation to any person who has insured against the loss or damage. In determining an application brought under subsection (4) , the court must apply the following sections: a section 198 (in relation to the court’s consideration of an action or a measure described in subsection (3) of this section): b section 198A (in relation to determining compensation for loss of, or damage to, personal property): c section 199 (in relation to determining compensation for loss of, or damage to, any other property). If the court orders the payment of compensation under this section, it must do so in accordance with section 199A . 198 Parties from whom person may recover compensation under section 197 This section applies to a person to whom section 197 applies. The person may recover compensation from the Crown, out of money appropriated by Parliament for the purpose, if the action or measure was taken by any of the following: a the National Controller: b the National Recovery Manager: c a constable. The person may recover compensation from the responsible Emergency Management Committee if the action or measure was taken by any of the following: a the Committee: b a Regional Controller appointed by— i the Committee, if it is a multi-member Emergency Management Committee; or ii the chief executive of the relevant unitary authority if the Committee is a unitary authority Emergency Management Committee: c a Regional Recovery Manager appointed by— i the Committee, if it is a multi-member Emergency Management Committee; or ii the chief executive of the relevant unitary authority if the Committee is a unitary authority Emergency Management Committee: d a Local Controller: e a Local Recovery Manager. The person may recover compensation from the responsible territorial authority if the action or measure was taken by either of the following: a a District Controller: b a District Recovery Manager. 198 Matters court must take into account in considering action or measure The court, in determining an application for an order under section 197(4) , must take into account the following matters in respect of an action or a measure described in section 197(3) : a the likelihood that the adverse effect that the action or measure was intended to avert would have occurred if the action or measure had not been taken: b the extent of the loss or damage caused by the action or measure taken. 198A Matters court must take into account in determining compensation: personal property The court must determine the payment of compensation for loss of, or damage to, the applicant’s personal property in accordance with this section. Compensation may be paid only in respect of the following classes of personal property: a personal property that is not insured: b personal property that is insured for an amount that is less than $40,000: c personal property that is insured for an amount that is $40,000 or more, to the extent that the personal property is insured for an amount that is less than the replacement value of the personal property. Liability for the loss of, or damage to, personal property resulting from an action or measure must not exceed $40,000 for an application. Examples If an application is in respect of uninsured personal property that has a replacement value of more than $40,000, the applicant is able to claim compensation of up to $40,000. If an application is in respect of personal property that has a replacement value of more than $40,000 but is insured for $20,000, the applicant is able to claim compensation of up to $20,000. If an application is in respect of personal property that has a replacement value of $100,000 but is insured for $50,000, the applicant is able to claim compensation of up to $40,000. If an applicant has made more than 1 application under section 197(4) in relation to the same action or measure, the compensation determined must be reduced to reflect any compensation awarded in relation to personal property in a previous application. 199 Principles for payment of compensation recovered under section 197 Matters court must take into account in determining compensation: other property Compensation recovered as a result of a claim brought under section 197(4) must be paid in accordance with this section. The court must determine the payment of compensation for loss of, or damage to, any property of the applicant to which section 198A does not apply in accordance with this section. Liability for the loss or damage to property must not exceed the replacement value. Liability for the loss of, or damage to, property must not exceed the replacement value of the property. In the case of insured property, liability is covered— a by a contract of insurance that covers the property regardless of how it describes loss or damage; and b with respect to any loss or damage exceeding the cover of that contract of insurance, in the following manner: i by the Crown if the action or measure that caused the loss or damage was taken by a person specified in section 198(2) 199A(1) : ii by the local authority members of the responsible Emergency Management Committee or Committees if the action or measure that caused the loss or damage was taken by a person specified in section 198(3) 199A(2) : iii by the responsible a territorial authority if the action or measure that caused the loss or damage was taken by a person specified in section 198(4) 199A(3) . : iv by a regional council if the action or measure that caused the loss or damage was taken by the regional council itself. In the case of uninsured property, liability is covered in the manner specified in subsection (3)(b) (i) to (iii) . Despite this section, if an emergency or anticipated emergency is a natural hazard— a within the meaning of section 5(1) of the Natural Hazards Insurance Act 2023, the loss or damage is to be treated as natural hazard damage for the purposes of that Act; and or b within the meaning given to that term in a policy or contract of insurance, the loss or damage is to be treated as natural hazard damage for the purposes of that policy or contract of insurance. Nothing in this section or section 197 or 198 prevents the Crown, an Emergency Management Committee, or a territorial authority from making an ex gratia payment it considers justifiable on the basis of hardship or fairness. 199A Parties from whom person may recover compensation under section 197 The court may order the payment of compensation by the Crown, out of money appropriated by Parliament for the purpose, if the action or measure to which an application relates was taken by 1 or more of the following: a the National Controller or a person authorised by them under section 19A : b the National Recovery Manager or a person authorised by them under section 20A : c the Director-General or a person to whom the Director-General had delegated 1 or more of the Director-General’s functions, duties, or powers under section 21 : d a constable or a person authorised by them under this Act. The court may order the payment of compensation by an Emergency Management Committee if the action or measure to which an application relates was taken by 1 or more of the following: a the Committee or a person to whom the Committee had delegated 1 or more of its functions, duties, or powers under section 29 : b the Regional Controller or Regional Recovery Manager for the Committee’s area or a person authorised by the Regional Controller or Regional Recovery Manager under section 56 or 65 (as applicable): c a Local Controller or Local Recovery Manager for the Committee or a person authorised by the Local Controller or Local Recovery Manager under this Act. The court may order the payment of compensation by a territorial authority if the action or measure to which an application relates was taken by 1 or more of the following: a the territorial authority itself: b the chief executive of the territorial authority or a person to whom the chief executive had delegated the chief executive’s power under section 44 : c a District Controller or District Recovery Manager or a person authorised by a District Controller or District Recovery Manager under section 57 or 66 . The court may order the payment of compensation by a regional council if the action or measure to which an application relates was taken by the regional council itself. 199B Crown, Emergency Management Committee, or territorial authority may make ex gratia payment Nothing in sections 197 to 199A prevents the Crown, an Emergency Management Committee, or a territorial authority from making an ex gratia payment it considers justifiable on the basis of hardship or fairness. 200 Considerations for court if claim brought under section 197 This section applies if a person brings a claim against the Crown, an Emergency Management Committee, or a territorial authority to recover compensation under section 197 . The court, in determining the application of sections 197 to 199 , must, in respect of an action or a measure described in section 197(3) , take into account the following matters: a the likelihood that the adverse effect on the claimant’s property that the action or measure was intended to avert would have occurred if the action or measure had not been taken: b the extent of the loss or damage caused by the action or measure taken. 201 Emergency Management Committee may recover certain costs from other Committee This section applies if an Emergency Management Committee ( Committee A ) agrees, under section 27(1)(f) or 28(2)(g) , to undertake emergency management at the request of another Emergency Management Committee ( Committee B ). Committee A may recover as a debt due to it from Committee B all actual and reasonable costs and expenses incurred for that emergency management. Subsection (2) does not apply to compensation Committee A is ordered to pay in relation to an application for compensation under section 197 . However, both The Committees may agree to override this section. 202 Protection from liability in civil proceedings for act or omission Subsection (2) applies to the following persons: a the Crown: b an Emergency Management Committee or a person to whom the Committee has delegated 1 or more of its functions, duties, or powers under section 29 : c a member of an Emergency Management Committee: d an officer or employee of the Crown or an Emergency Management Committee: e any other person with functions, duties, or powers under this Act. The person is protected from liability in civil proceedings for any act that the person does or omits to do— a in performing or exercising the person’s functions, duties, or powers under this Act; and b directly or indirectly in relation to a state of emergency or transition period. The person is protected from liability in civil proceedings for any act that the person does or omits to do in performing or exercising in good faith the person’s functions, duties, or powers under this Act, if— a the person does or omits to do the thing directly or indirectly in relation to a state of emergency or transition period; or b the person— i considers that an imminent threat of an emergency exists; and ii intends the actions or measures taken to be precautionary or preventive in nature to lessen the impact of an emergency. Subsection (4) applies to a person ( B ) acting under the direction of a person ( C ) who is performing or exercising a function, duty, or power under this Act. B is protected from liability in civil proceedings for any act that B does or omits to do— a while acting under the direction of C; and b directly or indirectly in relation to a state of emergency or transition period. 203 Protection from liability in civil proceedings for issue of, or failure to issue, warning This section applies to a person who issues or fails to issue a warning in respect of a hazard in accordance with this Act (whether or not in connection with a state of emergency or transition period), including a person or an entity authorised to act on behalf of to whom the Director-General or an Emergency Management Committee has delegated 1 or more of its functions, duties, or powers under section 21 or 29 (as applicable) . The person is protected from liability in civil proceedings relating to loss or damage that is due, directly or indirectly, to the issue of, or failure to issue, the warning. 204 Limits on protections in sections 202 and 203 Sections 202 and 203 do not apply to an act or omission of a person that constitutes bad faith or gross negligence. Section 202 is subject to sections 191 to 200 . 205 Absence on duty not to affect employment rights This section applies to a person who, during a state of emergency or transition period, is absent from the person’s usual employment for either of the following reasons: a the Director-General, a Controller, or a Recovery Manager requires the person to carry out or exercise emergency management functions, duties, or powers: b the person is a member of an organisation that the Director-General, a Controller, or a Recovery Manager requires to carry out or exercise emergency management functions, duties, or powers. The person is not liable to dismissal from that employment solely because of the absence. The person’s usual employer must not do any of the following because of the absence: a dismiss the person: b threaten the person with dismissal: c do any other act that affects either or both of the following to the person’s disadvantage: i the person’s employment: ii 1 or more of the conditions of the person’s employment. Subsection (2) applies whether or not the person’s usual employer has consented to that absence. This section does not impose on the person’s usual employer any obligation to pay the person remuneration in respect of a period of absence from employment while carrying out or exercising emergency management functions, duties, or powers. 206 Service of documents If a document is to be served on a person for the purposes of this Act, it must be given in writing to the person— a by delivering it personally to the person (other than a Minister of the Crown) or by an agent (such as a courier); or b by sending it by post addressed to the person at the person’s usual or last known place of residence or business; or c by sending it by email to the person at an email address that is used by the person. If a document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) must be treated as service on the body. If a document is to be served on an Emergency Management Committee for the purposes of this Act, service on the chairperson of the Committee or the administering authority of the Committee in accordance with subsection (1) must be treated as service on the Committee. If a document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) must be treated as service on the partnership. In the absence of proof to the contrary, a document sent to a person in accordance with subsection (1)(b) must be treated as having been received by the person when it would have been delivered in the ordinary course of the post. In proving the delivery, it is sufficient to prove that the letter was properly addressed and posted. In the absence of proof to the contrary, a document sent to a person in accordance with subsection (1)(c) must be treated as having been given or provided to the person on the next working day after the date on which it is emailed. In proving that the notice was emailed, it is sufficient to prove that it was properly addressed and sent to the email address. 207 Appeals A person may appeal to the District Court against any of the following on the grounds that it is unreasonable: This section applies if a person appeals to the District Court against any of the following: a a direction to obtain an assessment in relation to a structure under section 135(1) or 165(1) : b a requirement to give information under section 170 : c the whole or any part of a compliance order served under section 174 . An appeal under— a subsection (1)(a) or (b) must be brought within 10 working days after the day on which the direction or requirement first comes to the person’s notice: b subsection (1)(c) must be brought within 20 working days after the day on which the compliance order is served on the person. The court must inquire into the direction, requirement, or compliance order and may— a confirm or vary the direction, requirement, or compliance order; or b set aside the direction or requirement, or cancel the compliance order; or c set aside the direction or requirement and substitute another direction or requirement that the court considers appropriate; or d cancel the compliance order and substitute another compliance order that the court considers appropriate; or e refer the direction, requirement, or compliance order back to the decision-maker with the court’s opinion, together with any directions as to how the matter should be dealt with. Any relief granted to a person appealing under subsection (1)(a) must be limited to the reasonable costs associated with obtaining the assessment under section 135 or 165 . 208 Effect of bringing appeal An appeal under section 207(1)(b) against a requirement to give information operates as a stay of the requirement. See section 177(2) for limitations on the Director-General’s power to amend or revoke a compliance order that is the subject of an appeal. An appeal under section 207(1)(c) against a compliance order does not operate as a stay of the compliance order unless the court orders otherwise. 209 Appeal to High Court on question of law A person may appeal to the High Court against a decision by the District Court that determines an appeal under section 207(1) . The appeal may be brought only on a question of law. An appeal must be made by giving notice of appeal within— a 20 working days after the date on which notice of the decision is communicated to the appellant; or b any further time that the High Court may allow. 210 Regulations The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: a prescribing the form of distinguishing warrants, badges, or other insignia for emergency management personnel, and regulating the use and wearing of those warrants, badges, or other insignia: b prohibiting or regulating any activity or class of activities that may impede or adversely affect measures taken for the purpose of implementing an emergency management plan: c prescribing matters that an essential infrastructure provider, or a class of essential infrastructure providers, must address in a plan developed in accordance with section 74(b) : d prescribing fines not exceeding $500 for the breach of any regulation or rule : not exceeding— i $2,000 for an individual; or ii $10,000 in any other case: e specifying how access to restricted areas is to be managed: f providing for anything that this Act says may or must be provided for by regulations: g providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act. Before recommending the making of regulations under this section, the Minister must— a consult persons and organisations as the Minister thinks appropriate; and b in the case of regulations made under subsection (1)(c) , have regard to obligations placed on an essential infrastructure provider, under other legislation, that require continuity of service. Regulations made under this section are secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 211 Minister must consider alternatives, benefits and costs, and appropriateness before recommending making of regulations 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: a the Minister: b the Director-General: c 1 or more Emergency Management Committees (or their employees or agents). The Minister must, before recommending the making of regulations,— a have regard to— i the extent, if any, to which the regulations are necessary to achieve the purpose of this Act; and ii 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 iii the reasons for and against— A proposing, recommending, or adopting the regulations, including the principal alternative means available; or B taking no action if this Act does not require otherwise; and b evaluate the likely benefits and costs of the principal alternative means available; and — i making the regulations; and ii implementing the principal alternative means available for achieving the intended purpose; and iii taking no action (unless this Act requires otherwise); and c be satisfied that the regulations— i are necessary or desirable to achieve the purpose of this Act; and ii are the most appropriate means to achieve that purpose, having regard to their efficiency and effectiveness relative to other means. 212 Minister’s power to make rules The Minister may make rules for all or any of the following purposes: a prescribing forms for the purposes of this Act, regulations, or rules: b prescribing technical and data standards, performance standards, operating practices, procedures, and systems, organisational arrangements, training and training requirements, and qualifications for the purposes of this Act: c prescribing reporting requirements for the purposes of this Act that are additional to the reporting requirements in this Act: d prescribing the form of identification passes for emergency management purposes and regulating their use: e prescribing the level of competence or standard to be met by persons carrying out specified emergency management functions: f prescribing matters relating to providing, maintaining, controlling, and operating warning systems: g providing for identifying and promoting emergency management services: h providing for anything that this Act says may or must be provided for by rules: i providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act. Rules made under this section are secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 213 Procedure for making rules Before making a rule under this section section 212 , the Minister must— a give public notice of the Minister’s intention to make the rule and a statement specifying the objective of the rule; and b give interested persons reasonable time (as specified in the notice) to make submissions on the proposed rule; and ba consult the Director-General; and c consult other persons and groups as the Minister thinks fit; and d have regard to the following matters: i the purpose of this Act: ii the costs of implementing measures for which the rule is being proposed: iii any other matters that the Minister considers appropriate in the circumstances. The Minister may make a minor change to a rule without meeting the requirements in subsection (1) . In this section, minor change , in relation to a rule, means a change that the Minister is satisfied will have— a no effect, or no likely effect, on the rights of any person; and b no effect, or no more than a minor effect, on the obligations of any person. 214 Director-General may grant exemptions from compliance with rules The Director-General may, if the Director-General thinks it appropriate and on any terms or conditions that the Director-General thinks fit , exempt from compliance with 1 or more specified requirements of a rule made under section 212 — a 1 or more named persons specified by the Director-General; and b a class of persons, organisations, or other things. However, the Director-General must not grant an exemption from a requirement of a rule if the relevant rule provides that no exemptions from the requirement may be granted. The exemption may apply for any period that is less than 3 years. The breach of a term or condition of an exemption granted under subsection (1) is a breach of the provision to which the exemption relates (unless the terms of the exemption provide otherwise). The Director-General must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette at intervals not longer than 3 months. The Director-General must, in granting an exemption under subsection (1)(b) ,— a specify in the exemption the requirements of the rules from which the class or persons, organisations, or other things is exempt; and b record in the exemption any applicable terms and conditions; and c publish together with the exemption the Director-General’s reasons for granting the class exemption. A class An exemption under subsection (1)(b) is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). In this section and section 215 , class exemption means an exemption granted under subsection (1) that relates to— a more than 1 person specified by the Director-General; or b a class of persons, organisations, or other things. 215 Procedure for granting exemption Before granting an exemption, the Director-General must be satisfied that— a the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and b the exemption is consistent with the purpose of this Act. An exemption— a takes effect on the date specified in the exemption (which, for a class exemption an exemption under section 214(1)(b) , must not be a date earlier than the date on which the class exemption is published under the Legislation Act 2019); and b expires on the earlier of the following to occur unless it is sooner replaced or revoked: i an expiry date specified in the exemption: ii the close of the day that is 3 years after the date on which the exemption took effect. The Director-General may— a grant the exemption on any terms and conditions that the Director-General thinks fit; and b amend or revoke an exemption; and c replace an exemption before or when it expires. 216 Incorporation by reference in secondary legislation This section applies if section 64 of the Legislation Act 2019 is relied on to incorporate material by reference in secondary legislation made under this Act. If this section applies, sections 63 to 66 and Schedule 2 of the Legislation Act 2019 apply with the following modifications: a clause 1 of that schedule does not apply: b the rest of that schedule applies as if references to the chief executive were references to the Director-General. 217 Repeal of Civil Defence Emergency Management Act 2002 The Civil Defence Emergency Management Act 2002 (2002 No 33) is repealed. 218 Amendments to other legislation Amend the legislation specified in Schedule 5 as set out in that schedule. 217 Amendments to Constitution Act 1986 This subpart amends the Constitution Act 1986. 218 Section 18 amended (Summoning, proroguing, and dissolution of Parliament) Repeal section 18(1A). 219 New section 18A inserted (Changing place of meeting of Parliament) After section 18, insert: 18A Changing place of meeting of Parliament if appointed place is unsafe or uninhabitable Governor-General may change place of meeting of Parliament 1 The Governor-General may, by Proclamation, change the place of meeting of Parliament appointed in the Proclamation summoning Parliament if that place is unsafe or uninhabitable. Speaker may change place of meeting of Parliament 2 The Speaker may, by notice in writing, change the place of meeting of Parliament set out in the Proclamation summoning Parliament. 3 The Speaker may do so only if— a the place of meeting of Parliament appointed in the Proclamation is unsafe or uninhabitable; and b a state of national emergency has been declared under section 109(2) of the Emergency Management Act (No 2) 2025 ; and c the Prime Minister has agreed to the proposed change to the place of meeting of Parliament. 4 The notice— a takes effect at the time at which it is signed by the Speaker; and b ceases to have effect 14 days after the date on which the state of national emergency is declared; and c may be amended or withdrawn by the Governor-General by Proclamation. 5 The Clerk of the House of Representatives must, as soon as practicable,— a notify all members of Parliament of the notice; and b communicate the notice to the public; and c publish the notice in the Gazette . 6 The powers of the Speaker under this section may be exercised by the Speaker within the meaning of that term under section 5 of the Parliament Act 2025. 220 Amendments to Local Government Act 2002 This subpart amends the Local Government Act 2002 . 221 Section 76AA amended (Significance and engagement policy) After section 76AA(8) , insert: Emergency management 9 Despite what may be set out in a policy adopted under this section, public engagement on requirements imposed on the local authority in a regional emergency management plan under the Emergency Management Act (No 2) 2025 must be limited to options for dealing with those matters in a way that is consistent with the regional emergency management plan. 222 Schedule 10 amended In Schedule 10 , after clause 17A , insert: 17B Implementation of regional emergency management plan 1 A long-term plan must set out steps to implement or progress the requirements imposed on the local authority in the relevant regional emergency management plan. 2 The steps must provide for the local authority to implement or progress the requirements in a way that the local authority considers appropriate, having regard to competing demands and any other relevant circumstances. 3 The steps must provide for the local authority to implement or progress the requirements only to the extent that the local authority is reasonably able to do so— a in the period covered by the long-term plan; and b consistently with the local authority’s role, functions, duties, and powers under this Act and any other legislation. 4 In this clause,— Emergency Management Committee has the meaning set out in section 5 of the Emergency Management Act (No 2) 2025 relevant regional emergency management plan means the regional emergency management plan prepared and approved under section 90 of the Emergency Management Act (No 2) 2025 by the Emergency Management Committee— a of which the local authority is a member under that Act; or b that is the local authority if the local authority is a unitary authority Emergency Management Committee under that Act. 223 Minor and consequential amendments Amend the legislation specified in Schedule 5 as set out in that schedule. 224 Civil Defence Emergency Management Act 2002 repealed The Civil Defence Emergency Management Act 2002 (2002 No 33) is repealed. 1 Transitional, savings, and related provisions In this schedule, unless the context otherwise requires,— 2002 Act means the Civil Defence Emergency Management Act 2002 corresponding Emergency Management Committee , in relation to a Civil Defence Emergency Management Group, means the Emergency Management Committee that the Group is continued as under clause 9(1)(a) emergency declaration includes— a a state of emergency declared under the 2002 Act: b a transition period for which notice was given under the 2002 Act matter includes any action undertaken, any decision taken, any notice or direction given, any delegation made, any proceedings commenced, any application or claim for compensation made, any agreement entered into, or any requirement imposed. This clause applies to any matter initiated under the 2002 Act before the commencement of this clause. If this clause applies, the provisions of the 2002 Act in force immediately before the commencement of this clause continue to apply to the matter as if they had not been repealed by this Act. However, a matter initiated under a provision of the 2002 Act may be amended under a corresponding provision in this Act (if any) as if the matter had been initiated under the corresponding provision. A reference in an enactment or a document to the 2002 Act, or to 1 or more of its provisions, must be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the enactment or document. The officers appointed under the 2002 Act and holding the appointments immediately before the commencement of this clause continue in the appointments as follows: a a National Controller delegated the functions and powers of the Director under section 10 of the 2002 Act is to be treated as the National Controller who has been delegated those functions and powers under section 19(2) of this Act: b a National Recovery Manager delegated the functions and powers of the Director under section 11A of the 2002 Act is to be treated as the National Recovery Manager who has been delegated those functions and powers under section 20(2) of this Act: c a person appointed as the chairperson of a Civil Defence Emergency Management Group under section 15 of the 2002 Act is to be treated as having been appointed as the chairperson of the corresponding Emergency Management Committee,— i if the corresponding Committee is a multi-member Emergency Management Committee, under section 32 of this Act: ii if the corresponding Committee is a unitary authority Emergency Management Committee, under clause 26 of Schedule 7 of the Local Government Act 2002 : d a person appointed under section 25 of the 2002 Act as a person authorised to declare a state of local emergency or to give notice of a local transition period for a Civil Defence Emergency Management Group’s area is to be treated as having been appointed under section 49 or authorised by section 50 of this Act in respect of the corresponding Emergency Management Committee with the same capacity to make the emergency declaration and with the same conditions or limitations (if any) that applied to the appointment under the 2002 Act: e a person appointed by a Civil Defence Emergency Management Group under section 26(1) of the 2002 Act as the Group Controller for the Group’s area is to be treated as having been appointed under section 51(2)(a) or 53(2) or (3) of this Act (whichever is applicable) as the Regional Controller for the corresponding Emergency Management Committee’s area: f a person appointed by a Civil Defence Emergency Management Group under section 26(2) of the 2002 Act as a person who may perform the functions and duties and exercise the powers of the Group Controller for the duration of any vacancy in the office or absence from duty of the Group Controller is to be treated as having been appointed under section 51(2)(b) or 53(4) of this Act (whichever is applicable) to perform the functions and duties and exercise the powers of the Regional Controller for the corresponding Emergency Management Committee’s area for the duration of any vacancy in the office or absence from duty of the Regional Controller: g a person appointed by a Civil Defence Emergency Management Group under section 29(1) of the 2002 Act as the Group Recovery Manager for the Group’s area is to be treated as having been appointed under section 60(2)(a) or 62(2) or (3) of this Act (whichever is applicable) as the Regional Recovery Manager for the corresponding Emergency Management Committee: h a person appointed by a Civil Defence Emergency Management Group under section 29(2) of the 2002 Act as a person who may perform the functions and duties and exercise the powers of the Group Recovery Manager for the Group’s area for the duration of any vacancy in the office or absence from duty of the Group Recovery Manager is to be treated as having been appointed under section 60(2)(b) or 62(4) of this Act (whichever is applicable) to perform the functions and duties and exercise the powers of the Regional Recovery Manager for the corresponding Emergency Management Committee’s area for the duration of any vacancy in the office or absence from duty of the Regional Recovery Manager. From the commencement of this clause, certain continued officers become known by new titles as follows: a a Group Controller becomes known as a Regional Controller: b a Group Recovery Manager becomes known as a Regional Recovery Manager. The following sections of the 2002 Act continue to apply as if this Act had not been enacted: a section 27 (which relates to the appointment of Local Controllers): b section 30 (which relates to the appointment of Local Recovery Managers). In applying those sections, references in a section to one of the following terms must be read as follows: a a reference to a Civil Defence Emergency Management Group must be treated as a reference to the Group’s corresponding Emergency Management Committee: b a reference to the Group’s Group Controller must be treated as a reference to the corresponding Emergency Management Committee’s Regional Controller (or the person treated as having been appointed as the Committee’s Regional Controller under clause 4(1)(e) ): c a reference to the Group’s Group Recovery Manager must be treated as a reference to the corresponding Emergency Management Committee’s Regional Recovery Manager (or the person treated as having been appointed as the Committee’s Regional Recovery Manager under clause 4(1)(g) ). Subclause (4) applies to a person who, immediately before the commencement of this clause, was a Local Controller appointed by a Civil Defence Emergency Management Group and directed to carry out or exercise specified functions, duties, or powers under section 27 of the 2002 Act . The person’s appointment as a Local Controller— a continues as if the person had been appointed by the Group’s corresponding Emergency Management Committee under this clause; and b is subject to the same direction that was in force immediately prior to the commencement of this clause under section 27 of the 2002 Act regarding the functions, duties, or powers that must be carried out or exercised. Subclause (6) applies to a person who, immediately before the commencement of this clause, was a Local Recovery Manager appointed by a Civil Defence Emergency Management Group and directed to carry out or exercise specified functions, duties, or powers under section 30 of the 2002 Act . The person’s appointment as a Local Recovery Manager— a continues as if the person had been appointed by the Group’s corresponding Emergency Management Committee under this clause; and b is subject to the same direction that was in force immediately prior to the commencement of this clause under section 30 of the 2002 Act regarding the functions, duties, or powers that must be carried out or exercised. This clause is repealed on the date that is 12 months after Royal assent. On the date that is 12 months after Royal assent,— a subclauses (1) and (2) are repealed; and b subclauses (3) to (6) cease to apply to a person whose continued appointment as a Local Controller or Local Recovery Manager is treated as having been made by an Emergency Management Committee that is a multi-member Emergency Management Committee. The definition of Local Controller in section 5 of this Act must be read as including a Local Controller appointed, or whose appointment is continued, in accordance with clause 5 . The definition of Local Recovery Manager in section 5 of this Act must be read as including a Local Recovery Manager appointed, or whose appointment is continued, in accordance with clause 5 . This clause applies to a person (a Local Controller ) — who is appointed as a Local Controller, or whose appointment as a Local Controller is continued, in accordance with clause 5 . a who is appointed as a Local Controller under clause 5 ; or b whose appointment as a Local Controller is continued by the operation of clause 5 . Section 28(3) of the 2002 Act (which relates to the power to authorise a suitably qualified and experienced person to perform or exercise any functions, duties, and powers of the Local Controller) applies to the Local Controller as if this Act had not been enacted. Section 59(2) of this Act applies to— a a Local Controller; and b a person authorised under section 28(3) of the 2002 Act to perform any function or duty or exercise any power of a Local Controller. This clause is repealed on the date that is 12 months after Royal assent. This clause applies to a person (a Local Recovery Manager )— a who is appointed as a Local Recovery Manager under clause 5 ; or b whose appointment as a Local Recovery Manager is continued by the operation of clause 5 . Section 30A(3) and (4) of the 2002 Act (which relates to the power to authorise a suitably qualified and experienced person to perform or exercise any functions, duties, and powers of the Local Recovery Manager) applies to the Local Recovery Manager as if this Act had not been enacted. Section 68(2) of this Act applies to— a a Local Recovery Manager; and b a person authorised under section 30A(3) of the 2002 Act to perform any function or duty or exercise any power of a Local Recovery Manager. This clause is repealed on the date that is 12 months after Royal assent. The entities established under the 2002 Act and in existence immediately before the commencement of this clause, and the members of those bodies at that time, continue in existence as follows: a every Civil Defence Emergency Management Group established in accordance with section 12 of the 2002 Act continues in existence as if it were an Emergency Management Committee continued in existence in accordance with section 23(1) of this Act with responsibility for the same area that the Group had responsibility for immediately before the commencement of this clause: b the members of a Civil Defence Emergency Management Group with more than 1 member under section 13 of the 2002 Act immediately before the commencement of this Act are to be treated as being the members of the corresponding multi-member Emergency Management Committee under sections 24 and 25 of this Act: c a Civil Defence Emergency Management Co-ordinating Executive Group established and maintained by a Civil Defence Emergency Management Group under section 20 of the 2002 Act continues in existence as if it were the Emergency Management Co-ordinating Executive Group appointed and maintained by the corresponding Emergency Management Committee under section 39(1) of this Act: d an administering authority established for a Civil Defence Emergency Management Group under section 23 of the 2002 Act continues in existence as if it were the administering authority for the corresponding Emergency Management Committee appointed or established in accordance with section 37 of this Act. From the commencement of this clause, certain continued entities become known by new titles as follows: a a Civil Defence Emergency Management Group becomes known as an Emergency Management Committee: b a Civil Defence Emergency Management Co-ordinating Executive Group becomes known as an Emergency Management Co-ordinating Executive Group. Subclause (2) applies in relation to a Civil Defence Emergency Management Co-ordinating Executive Group that is treated as an Emergency Management Co-ordinating Executive Group under clause 9(1)(c) . The membership of the Civil Defence Emergency Management Co-ordinating Executive Group (which consists of the persons described under section 20(1) and (1A) of the 2002 Act) are to be treated as the members of the Emergency Management Co-ordinating Executive Group for the purposes of section 39 of this Act. After 12 months after Royal assent to this Act, the membership of each Emergency Management Co-ordinating Executive Group must consist of the persons set out in section 39(2) of this Act and co-opted under for the purpose of section 39(3) of this Act (if any). Subclauses (1) and (2) are repealed on the date that is 12 months after Royal assent. Every Civil Defence Emergency Management Group established under section 12(1)(a) of the 2002 Act by the uniting of a regional council and the territorial authorities within the council’s region continues as an Emergency Management Committee for the purposes of this Act as a joint standing committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 . Every Civil Defence Emergency Management Group established under section 12(1)(b) of the 2002 Act by a single unitary authority continues as an Emergency Management Committee for the purposes of this Act a committee appointed by the relevant unitary authority Emergency Management Committee in accordance with section 25(6) of this Act under clause 30(1)(a) of Schedule 7 of the Local Government Act 2002 . Every Civil Defence Emergency Management Group established under section 12(1)(c) of the 2002 Act by a unitary authority uniting with 1 or more other unitary authorities or a regional council continues as an Emergency Management Committee for the purposes of this Act as a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 . The documents established under the 2002 Act and in effect immediately before the commencement of this clause continue in effect as follows: a any guideline, code, or technical standard issued by the Director under section 9(3) of the 2002 Act continues in effect as if it were a guideline, code, or technical standard issued by the Director-General of Emergency Management under section 15(4) of this Act: b a statement published by the Director of Civil Defence Emergency Management under section 74 of the 2002 Act continues in effect as if it were a statement published by the Director-General of Emergency Management under section 17 of this Act: c the national civil defence emergency management strategy completed by the Minister under section 31 of the 2002 Act continues in effect as if it were a national emergency management strategy made under section 77(1) of this Act: d the national civil defence emergency management plan made by Order in Council under section 39 of the 2002 Act continues in effect as if— i it were a national emergency management plan made under section 82 of this Act; and ii it met all of the requirements for national emergency management plans under sections 82 to 89 Part 3 of this Act: e every civil defence emergency management group plan prepared and approved by a Civil Defence Emergency Management Group under section 48 of the 2002 Act continues in effect as if— i it were a regional emergency management plan prepared and approved by the corresponding Emergency Management Committee under section 90 of this Act; and ii it met all of the requirements for regional emergency management plans under sections 80, 81, and 92 to 98 Part 3 of this Act. From the commencement of this clause, certain continued documents become known by new titles as follows: a the national civil defence emergency management strategy becomes known as the national emergency management strategy: b the national civil defence emergency management plan becomes known as the national emergency management plan: c a civil defence emergency management group plan becomes known as a regional emergency management plan. This clause applies if, before the commencement of this clause,— a the Minister has publicly notified a proposed plan under , in accordance with section 41(1)(d) of the 2002 Act , a proposal to review the national civil defence emergency management plan under section 46 of the 2002 Act ; and b the review has not been completed. After the commencement of this clause, sections 39 to 41 and 45 of the 2002 Act continue to have effect for the purpose of the completion of the review as if they had not been repealed. The Minister must, no later than the date that is 2 years after the commencement of this clause,— a initiate a review of the national emergency management plan in full under section 84(1) (a) ; and b after completing the procedural requirements set out in sections 85 to 87 , make a decision under section 84(2) as a result of the review; and c if applicable, make a recommendation to the Governor-General for the making of regulations under section 82 providing for a national emergency management plan. This clause applies if, before the commencement of this clause,— a a Civil Defence Emergency Management Group has given public notice under section 52(1) of the 2002 Act of a proposal to review the Group’s civil defence emergency management group plan under section 56 of the 2002 Act ; and b the review has not been completed. After the commencement of this clause, sections 49, 51, 52, 55, and 56 of the 2002 Act continue to have effect for the purposes of the completion of the review as if they had not been repealed. The states of emergency and transition periods in force immediately before the commencement of this clause are continued as follows: a a state of national emergency declared under section 66 of the 2002 Act is continued as if it were a state of national emergency declared under section 109 of this Act: b a state of local emergency declared under section 68 or 69 of the 2002 Act is continued as if it were a state of local emergency declared under section 113 of this Act: c a national transition period for which notice has been given under section 94A of the 2002 Act is continued as if it were a national transition period declared under section 142 of this Act: d a local transition period for which notice has been given under section 94B of the 2002 Act is continued as if it were a local transition period declared under section 145 of this Act. This clause applies in relation to a warrant for entry and search of premises under section 78 of the 2002 Act. An application for a warrant that was made but not finally determined before the commencement of this clause may proceed as if it were an application for a warrant under section 137 of this Act. A warrant that has been issued has effect as if it were a warrant issued under section 137 of this Act. Unless the context otherwise requires, in any Order in Council secondary legislation , agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act,— a every reference to the Director of Civil Defence Emergency Management is a reference to the Director-General of Emergency Management under this Act: b every reference to a Civil Defence Emergency Management Group for a particular area is a reference to the Emergency Management Committee under this Act for the same area: c every reference to a Civil Defence Emergency Management Co-ordinating Executive Group of a particular Civil Defence Emergency Management Group is a reference to the Emergency Management Co-ordinating Executive Group under this Act of the corresponding Emergency Management Committee: d every reference to an administering authority of a particular Civil Defence Emergency Management Group is a reference to the administering authority of the corresponding Emergency Management Committee under this Act: e every reference to the National Controller is a reference to the National Controller under this Act: f every reference to a Group Controller is a reference to a Regional Controller under this Act: g every reference to a Local Controller is a reference to a Local Controller under this Act: h every reference to the National Recovery Manager is a reference to the National Recovery Manager under this Act: i every reference to a Group Recovery Manager is a reference to an Regional Recovery Manager under this Act: j every reference to a Local Recovery Manager is a reference to a Local Recovery Manager under this Act: ja every reference to a lifeline utility is a reference to an essential infrastructure provider under this Act: k every reference to a state of national emergency is a reference to a state of national emergency under this Act: l every reference to a state of local emergency is a reference to a state of local emergency under this Act: m every reference to a national transition period is a reference to a national transition period under this Act: n every reference to a local transition period is a reference to a local transition period under this Act. The Civil Defence Emergency Management Regulations 2003 (the 2003 regulations ) made under the 2002 Act continue in force, with any necessary modifications. Regulations 4 and 5 , Schedule 1 , and form 1 of Schedule 2 of the 2003 Regulations— a must be treated as if they had been made under section 210 of this Act; and b may be amended or revoked as if they had been made under that section. Regulations 6 and 7 and forms 2 to 19 of Schedule 2 of the 2003 Regulations— a must be treated as if they had been made under section 212 of this Act; and b may be amended or revoked as if they had been made under that section. Public notice given by the Minister before the commencement of this clause about proposed rules to be made under section 212 is treated as public notice given for the purpose of section 213(1)(a) . Consultation carried out by the Minister before the commencement of this clause about proposed rules to be made under section 212 is treated as consultation for the purpose of section 213(1)(b) to (c) . 2 Legislation relevant to emergency management Biosecurity Act 1993 Building Act 2004 Climate Change Response Act 2002 Fire and Emergency New Zealand Act 2017 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Safety at Work Act 2015 Land Drainage Act 1908 Local Government Act 1974 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Maritime Transport Act 1994 Resource Management Act 1991 Soil Conservation and Rivers Control Act 1941 3 Essential infrastructure providers 1 Radio New Zealand Limited 2 Television New Zealand Limited 3 An entity that provides a public telecommunications network (within the meaning of section 5 of the Telecommunications Act 2001). 4 An entity that generates electricity for distribution through a network , or transmits or distributes electricity through a network. 5 An entity that produces, supplies, or distributes manufactured gas or natural gas distributes, or transmits gas (as defined in section 2(1) of the Gas Act 1992 ), ( regardless of whether it is supplied or distributed through a network or in bottles containing more than 20 kg of gas ) . 6 An entity that produces, processes, or distributes to retail outlets and bulk customers any petroleum products used as an energy source or an essential lubricant or additive for motors for machinery. 7 The company (as defined in section 2 of the Auckland Airport Act 1987 ) that operates Auckland International Airport. 8 The company (as defined in section 2 of the Wellington Airport Act 1990 ) that operates Wellington International Airport. 9 The company that operates Christchurch International Airport. 10 The airport authority (as defined in section 2(1) of the Airport Authorities Act 1966 , whether or not it is also an airport company as defined in that section, or an airport operator as defined in section 5 of the Civil Aviation Act 2023 ) that operates the primary airport at Kerikeri, Blenheim, Dunedin, Gisborne, Hamilton, Hokitika, Invercargill, Napier, Nelson, New Plymouth, Palmerston North, Queenstown, Rotorua, Tauranga, Wanganui, Whanganui, Westport, Whakatane, or Whangarei. 11 The port company (as defined in section 2(1) of the Port Companies Act 1988 ) that carries out port-related commercial activities at Auckland, Bluff, Gisborne, Lyttelton, Napier, Nelson, Picton, Port Chalmers, Port Taranaki, Tauranga, Timaru, Wellington, Westport, or Whangarei. 12 The Grey District Council, acting as the Greymouth harbour authority and owner and operator of the Port of Greymouth. 13 An entity that provides land transport by means of rail activity. 14 The New Zealand Transport Agency and any local authority that provides a road network (including State highways). 15 An entity that supplies or distributes water to the inhabitants of a city, district, or other place. 16 An entity that provides a stormwater network or that disposes of stormwater. 17 An entity that provides a wastewater or sewerage network or that disposes of sewage. 15 An entity that is a water service provider responsible for water services infrastructure (as those terms are defined in section 4 of the Local Government (Water Services) Act 2025 ). 4 Reporting requirements for states of emergency and transition periods This clause applies if— a a state of national emergency expires under section 116 of this Act; or b the Minister declares under section 119(1)(a) of this Act that the state of national emergency is terminated. The National Controller must produce a written report that sets out the information specified in subclause (1) in respect of— a the state of national emergency that expired under section 116 of this Act or was terminated under section 119(1)(a) of this Act; and b if applicable, any earlier state of emergency that was terminated in accordance with section 119(1)(b) or (2)(b) or (c) of this Act and has not yet been reported on under this Part. Following the expiry or termination of a state of national emergency, the National Controller must produce a written report that sets out the following information: The information is— a the dates on which the state of national emergency commenced and expired or was terminated: b the emergency to which the state of national emergency related: c if any powers under subpart 2 of Part 4 of this Act were exercised by a Controller during that state of national emergency,— i which powers were exercised; and ii the reason that each power was exercised: d if the duration of the state of national emergency was extended 1 or more times, any other information— i prescribed by rules for that purpose; or ii that the Director-General requires the National Controller to report. Before finalising the report, the National Controller must consult any other Controller, or person who was authorised to exercise 1 or more powers of a Controller, who exercised powers during the state of national emergency. Unless subclause (4) applies,— a the National Controller must give the finalised report to the Director-General no later than 14 days after the date on which the state of national emergency expired or was terminated; and b the Director-General must then give the report to the Minister. If the National Controller for a state of national emergency is the Director-General, the National Controller must give the report to the Minister no later than 14 days after the date on which the state of national emergency expired or was terminated. As soon as practicable after receiving the report under clause 1 ,— a the Minister must present the report to the House of Representatives; and b the Director-General must publish the report on an the Director-General’s internet site maintained by or on behalf of the Director-General . This clause applies if— a a state of local emergency for an area, district, or ward expires under section 116 of this Act; or b the Minister or an authorised person declares under section 119(2)(a) of this Act that the state of local emergency is terminated. The Regional Controller for the Emergency Management Committee for the area, district, or ward must produce a written report that sets out the information specified in subclause (1) in respect of— a the state of local emergency that expired under section 116 of this Act or was terminated under section 119(2)(a) of this Act; and b if applicable, any earlier state of local emergency that was terminated in accordance with section 119(1)(b) or (2)(b) or (c) of this Act and has not yet been reported on under this Part. Following the expiry or termination of a state of local emergency, the Regional Controller must produce a written report that sets out the following information: The information is— a the dates on which the state of local emergency commenced and expired or was terminated: b the emergency to which the state of local emergency related: c if any powers under subpart 2 of Part 4 of this Act were exercised by a Controller during that state of local emergency,— i which powers were exercised; and ii the reason that each power was exercised: d if the duration of the state of local emergency was extended 1 or more times, any other information— i prescribed by rules for that purpose; or ii that the Director-General requires the Regional Controller to report. Before finalising the report, the Regional Controller must consult any other Recovery Manager Controller , or person who was authorised to exercise 1 or more powers of a Recovery Manager Controller , who exercised powers during the state of local emergency. The Regional Controller must give the finalised report to the Director-General and the relevant Emergency Management Committee no later than 14 days after the date on which the state of local emergency expired or was terminated. The Director-General may then give the report to the Minister. As soon as practicable after receiving the report under clause 3 ,— a the Minister must present the report to the House of Representatives; and b the Emergency Management Committee must publish the report on an the Committee’s internet site maintained by or on behalf of the Committee . This clause applies if— a a national transition period expires under section 150(3) of this Act; or b the Minister declares under section 153(1)(a) of this Act that the national transition period is terminated. The National Recovery Manager must produce a written report that sets out the information specified in subclause (1) in respect of— a the national transition period that expired under section 150(3) of this Act or was terminated under section 153(1)(a) of this Act; and b if applicable, any earlier transition period that was terminated in accordance with section 153(1)(b) or (2)(b) or (c) of this Act and has not yet been reported on under this Part. Following the expiry or termination of a national transition period, the National Recovery Manager must produce a written report that sets out the following information: The information is— a the dates on which the national transition period commenced and expired or was terminated: b the emergency to which the national transition period related: c if any powers under subpart 4 of Part 4 of this Act were exercised by a Recovery Manager during that national transition period,— i which powers were exercised; and ii the reason that each power was exercised: d if the duration of the national transition period was extended 1 or more times, any other information— i prescribed by rules for that purpose; or ii that the Director-General requires the National Recovery Manager to report. Before finalising the report, the National Recovery Manager must consult any other Recovery Manager, or person who was authorised to exercise 1 or more powers of a Recovery Manager, who exercised powers during the national transition period. Unless subclause (4) applies,— a the National Recovery Manager must give the finalised report to the Director-General no later than 14 days after the date on which the national transition period expired or was terminated; and b the Director-General must then give the report to the Minister. If the National Recovery Manager for a national transition period is the Director-General, the National Recovery Manager must give the report to the Minister no later than 14 days after the date on which the national transition period expired or was terminated. As soon as practicable after receiving the report under clause 5 ,— a the Minister must present the report to the House of Representatives; and b the Director-General must publish the report on an the Director-General’s internet site maintained by or on behalf of the Director-General . This clause applies if— a a local transition period for an area, district, or ward expires under section 150(4) of this Act; or b the Minister or an authorised person declares under section 153(2)(a) of this Act that the local transition period is terminated. The Regional Recovery Manager for the Emergency Management Committee for the area, district, or ward must produce a written report that sets out the information specified in subclause (1) in respect of— a the local transition period that expired under section 150(4) of this Act or was terminated under section 153(2)(a) of this Act; and b if applicable, any earlier local transition period that was terminated in accordance with section 153(2)(b) or (c) of this Act and has not yet been reported on under this Part. Following the expiry or termination of a local transition period, the Regional Recovery Manager must produce a written report that sets out the following information: The information is— a the dates on which the local transition period commenced and expired or was terminated: b the emergency to which the local transition period related: c if any powers under subpart 4 of Part 4 of this Act were exercised by a Recovery Manager during that local transition period,— i which powers were exercised; and ii the reason that each power was exercised: d if the duration of the local transition period was extended 1 or more times, any other information— i prescribed by rules for that purpose; or ii that the Director-General requires the Regional Recovery Manager to report. Before finalising the report, the Regional Recovery Manager must consult any other Recovery Manager, or person who was authorised to exercise 1 or more powers of a Recovery Manager, who exercised powers during the local transition period. The Regional Recovery Manager— a must give the finalised report to the Director-General and the relevant Emergency Management Committee no later than 14 days after the date on which the local transition period expired or was terminated; and b may give the report to the Minister as soon as practicable after the date on which the local transition period expired or was terminated. As soon as practicable after receiving the report under clause 7 ,— a the Minister must present the report to the House of Representatives; and b the Emergency Management Committee must publish the report on an the Committee’s internet site maintained by or on behalf of the Committee . 5 Consequential amendments to other legislation In section 74(1)(ea) , replace an emergency being declared under the Civil Defence Emergency Management Act 2002 with a state of emergency being declared under the Emergency Management Act (No 2) 2025 . Replace section 87(1)(b) with: b an Emergency Management Committee established under the Emergency Management Act (No 2) 2025 : Replace section 87(2)(b) with: b for the purposes of subsection (1)(b) to (g), a situation described in section 6(1)(a) and (b) of the Emergency Management Act (No 2) 2025 . Replace section 98(1)(b) with: b an Emergency Management Committee established under the Emergency Management Act (No 2) 2025 : Replace section 98(2)(b) with: b for the purposes of subsection (1)(b) to (g), a situation described in section 6(1)(a) and (b) of the Emergency Management Act (No 2) 2025 . In section 15(1)(na) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 133AE(1)(a) , replace the Civil Defence Emergency Management Act 2002 with section 6(1)(a) and (b) of the Emergency Management Act (No 2) 2025 . Replace section 133AE(2)(a) and (b) with: a any national emergency management plan made under section 82 of the Emergency Management Act (No 2) 2025 ; and b the regional emergency management plan prepared and approved under section 90 of the Emergency Management Act (No 2) 2025 that covers the district in which the building is situated. In section 133BB(1) , insert in their appropriate alphabetical order: EM Act means the Emergency Management Act (No 2) 2025 essential infrastructure provider has the same meaning as in section 5 of the EM Act In section 133BB(1) , repeal the definition of CDEM Act . In section 133BB(1) , definition of critical infrastructure , paragraph (b), replace a lifeline utility with an essential infrastructure provider . In section 133BB(1) , definition of emergency , replace section 4 of the CDEM Act with section 6(1) of the EM Act . In section 133BB(1) , repeal the definition of lifeline utility . In section 133BB(1) , replace the definition of relevant CDEM decision-maker with: relevant EM decision-maker , in relation to an area that is a designated area or is proposed to be a designated area,— a means— i the Minister responsible for administration of the EM Act; or ii a person who is appointed or otherwise authorised under section 49 or 50 of that Act to declare a state of local emergency or local transition period (as the case may be) for the area; and b in sections 133BG and 133BH , also includes a person who, at the relevant time, is the successor in office of a person referred to in paragraph (a)(ii) In section 133BB(1) , definition of state of emergency , replace section 4 of the CDEM Act with section 5 of the EM Act 2025 . In section 133BB(1) , definition of transition period , replace section 4 of the CDEM Act with section 5 of the EM Act 2025 . In section 133BC(1) , replace CDEM Act, a relevant CDEM decision-maker with EM Act, a relevant EM decision-maker . In section 133BG(2)(a) and (4) , replace CDEM with EM . In section 133BH(1)(a)(i) and (ii), (d)(ii) and (iii), and (f)(ii) and (iii) , replace CDEM with EM . Replace section 133BK with: 133BK EM Act officers as responsible persons 1 This section sets out who may exercise powers under sections 133BQ to 133BX and 133BZA for the purposes of section 133BJ(3) . 2 The powers may be exercised as follows: a the power under section 133BQ (post-event assessments) may be exercised,— i during a state of emergency, by a Controller the National Controller, a Regional Controller, or a District Controller (or a person acting under the Controller’s authority): ii during a transition period, by a Recovery Manager the National Recovery Manager, a Regional Recovery Manager, or a District Recovery Manager (or a person acting under the Recovery Manager’s authority): b the power under section 133BR (evacuation) may be exercised,— i during a state of emergency, by a Controller the National Controller, a Regional Controller, a District Controller, or a constable (or a person acting under that person’s authority): ii during a transition period, by a Recovery Manager the National Recovery Manager, a Regional Recovery Manager, a District Recovery Manager, or a constable (or a person acting under that person’s authority): c the power under section 133BS (measures to keep people at safe distance and protect building) or 133BT (notices and signs on buildings) may be exercised,— i during a state of emergency, by a Controller the National Controller, a Regional Controller, or a District Controller (or a person acting under the Controller’s authority): ii during a transition period, by a Recovery Manager the National Recovery Manager, a Regional Recovery Manager, or a District Recovery Manager (or a person acting under the Recovery Manager’s authority): d the power under section 133BU (owner directed to give information) or 133BZA(3)(a) (bring forward due date for provision of assessment or information) may be exercised,— i during a state of emergency, by the Director-General or an Emergency Management Committee (or a person acting under the authority of the Director-General or Committee): ii during a transition period, by the Director-General or an Emergency Management Committee (or a person acting under the authority of the Director-General or Committee): e the power under section 133BV (urgent works to remove or reduce risks), 133BW (works to remove or reduce other risks), 133BX (works for long-term use or occupation of building), or 133BZA(3)(b) (bring forward deadline for completing seismic work) may be exercised,— i during a state of emergency, by a Regional Controller or Local District Controller (or a person acting under the authority of a Regional Controller or Local District Controller): ii during a transition period, by a Recovery Manager the National Recovery Manager, a Regional Recovery Manager, or a District Recovery Manager (or a person acting under the Recovery Manager’s authority). 3 For the purposes of subsection (2) ,— a a responsible person who is a Regional Controller or a Regional Recovery Manager must comply with section 59 of the EM Act: b a responsible person who is a Local District Controller must comply with sections 57 (4) and 59 of that Act: c a responsible person who is a Regional Recovery Manager must comply with section 68 of the EM Act: d a responsible person who is a Local District Recovery Manager must comply with sections 66 (4) and 68 of that Act. 4 In this section, — Director-General , District Controller , District Recovery Manager , Emergency Management Committee , National Controller , National Recovery Manager , Regional Controller , and Regional Recovery Manager have the meanings given to them in section 5 of the EM Act. Controller , Director-General , Emergency Management Committee , Recovery Manager , Regional Controller , and Regional Recovery Manager have the meanings given to them in section 5 of the EM Act Local Controller means a person appointed under section 52 of the EM Act Local Recovery Manager means a person appointed under section 61 of the EM Act. In the heading to section 133BL , replace CDEM with EM . In section 133BL(1) and (2) , replace CDEM with EM . In the heading to section 133BM , replace CDEM with EM . In section 133BM(1)(b)(i) and (ii), (2), and (3) , replace CDEM with EM . In section 133BM(4) , replace equivalent CDEM Act notice means a notice, direction, or other requirement under the CDEM Act with equivalent EM Act notice means a notice, direction, or other requirement under the EM Act . In section 133BZ(1) , replace Part 4, 5, 5A, or 5B of the CDEM Act with Part 4 of the EM Act . In section 46(1) , replace section 85(1)(g) of the Civil Defence Emergency Management Act 2002 with section 125(1)(d) of the Emergency Management Act (No 2) 2025 . In section 5ZW(8)(g), replace lifeline utilities listed in Schedule 1 of the Civil Defence Emergency Management Act 2002 with essential infrastructure providers, as defined in section 5 of the Emergency Management Act 2025 . Replace section 5ZW(8)(g) with: g essential infrastructure providers, as defined in section 7(1) of the Emergency Management Act (No 2) 2025 : In section 179C , definition of state of emergency affecting a prison or prisoners , paragraph (a), replace section 4 of the Civil Defence Emergency Management Act 2002 with section 5 of the Emergency Management Act (No 2) 2025 . Replace section 191(1)(a) with: a a state of emergency is in force under the Emergency Management Act (No 2) 2025 or there is an emergency (within the meaning of section 5 of that Act); and Replace section 192 with: 192 Direction not to be inconsistent with applicable emergency management plan No direction may be given under section 191 that is inconsistent with the provisions of any applicable emergency management plan (within the meaning of section 5 of the Emergency Management Act (No 2) 2025 ) that is in force at the time the direction is given. After section 6(1)(f) , insert: g an offence against section 187 of the Emergency Management Act (No 2) 2025 . In section 7(a) , after Building Act 2004, , insert the Emergency Management Act (No 2) 2025 , . In section 43(1)(a) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 165(4)(a) replace section 4 of the Civil Defence Emergency Management Act 2002 with section 6(1) of the Emergency Management Act (No 2) 2025 . In section 39(2) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 40(2) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 42(a)(ii) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 2 , definition of specified agency , paragraph (b), replace Director of Civil Defence Emergency Management with Director-General of Emergency Management . In section 2 , definition of working dog , replace paragraph (a)(ivc) with: ivc certified for use by the Director-General of Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Emergency Management Act (No 2) 2025 ; or In section 653(1)(a) , replace section 66 or 68 of the Civil Defence Emergency Management Act 2002 with section 109 or 113 of the Emergency Management Act (No 2) 2025 . In section 653(1)(b) , replace notified under section 94A of the Civil Defence Emergency Management Act 2002 with declared under section 142 or , 145 , or 146 of the Emergency Management Act (No 2) 2025 . In section 655(3) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 6 , definition of emergency , replace paragraph (c) with: c a state of emergency declared under the Emergency Management Act (No 2) 2025 ; and In section 21(1)(a)(iv) , replace civil defence emergency management groups with Emergency Management Committees (within the meaning of section 5 of the Emergency Management Act (No 2) 2025 ) . In section 48(3) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 46(1)(b) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 136(1)(b)(i) and (4)(b) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 70(1) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 71(1) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 5(2)(f) , replace national or local emergency being declared, or notice of a national or local transition period being given, under the Civil Defence Emergency Management Act 2002 with state of national or local emergency or a national or local transition period being declared, under the Emergency Management Act (No 2) 2025 . In section 13(1)(g) , replace national or local emergency or a national or local transition period (under the Civil Defence Emergency Management Act 2002) with state of national or local emergency or a national or local transition period (under the Emergency Management Act (No 2) 2025 ) . In section 60(1) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 60(2) , replace section 72, or the transition period is terminated under section 94E, of the Civil Defence Emergency Management Act 2002 with section 119 , or the transition period is terminated under section 153 , of the Emergency Management Act 2025 . Replace section 60(2) with: 2 Unless otherwise expressly provided for, this subpart applies instead of subpart 2 if an emergency authority is sought and granted within 12 months, or any further time as is reasonably necessary, after the state of emergency or transition period ends or is terminated under Part 4 of the Emergency Management Act (No 2) 2025 . In section 61(1) , replace has been declared or a transition period has been notified , with or a transition period has been declared . In section 79P(2)(a) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 20(1)(b) , replace section 66 of the Civil Defence Emergency Management Act 2002 with section 109 of the Emergency Management Act (No 2) 2025 . In Schedule 3 , repeal the item relating to the Civil Defence Emergency Management Act 2002 In section 46 , definition of incapacitated , paragraph (c), replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 3(3)(d)(vii) , replace declared, or a transition period for which notice is given, under the Civil Defence Emergency Management Act 2002 with or transition period declared under the Emergency Management Act (No 2) 2025 . In section 48J(1)(a) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 256 , definition of problem , paragraph (a)(iii), replace section 4 of the Civil Defence Emergency Management Act 2002 with section 5 of the Emergency Management Act (No 2) 2025 . In Schedule 3, replace clause 43(1)(f) and (g) with: f if an area is included in the district of another territorial authority, provisions that the regional emergency management plan for the district in which the area is included applies to the area so included and is the only operative local emergency management plan to apply in that area: g if a new district or region is constituted, provisions that every regional emergency management plan that is in force in respect of any area included in that district or region continues in force until a new plan is prepared and approved for the district under the Emergency Management Act (No 2) 2025 : In section 15(1)(a) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 177(1)(a) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 217(2)(c) and (4) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 63 , definition of emergency activity , paragraph (c)(i), replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 80(3)(a) , replace under Part 5 of the Civil Defence Emergency Management Act 2002 with under subpart 2 of Part 4 of the Emergency Management Act (No 2) 2025 . In section 80(3)(b) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 100(5)(c) , replace under Part 5 of the Civil Defence Emergency Management Act 2002 with under subpart 2 of Part 4 of the Emergency Management Act (No 2) 2025 . In section 100(5)(d) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 254(3)(a) , replace under Part 5 of the Civil Defence Emergency Management Act 2002 with under subpart 2 of Part 4 of the Emergency Management Act (No 2) 2025 . In section 254(3)(b) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 312(1)(a) , replace under Part 5 of the Civil Defence Emergency Management Act 2002 with under subpart 2 of Part 4 of the Emergency Management Act (No 2) 2025 . In section 312(1)(b) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 7(1) , replace civil defence emergency under the Civil Defence Act 1962 with emergency being declared under the Emergency Management Act (No 2) 2025 . In section 34(1) , replace relevant agency with relevant decision-maker . In section 34(2)(a)(i) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 34(6) , replace relevant agency means the agency that makes the declaration under Part 4 of the Civil Defence Emergency Management Act 2002 with relevant decision-maker means the decision-maker that makes the declaration under Part 4 of the Emergency Management Act (No 2) 2025 . In section 40(2) , definition of emergency services , replace paragraph (a) with: a emergency services within the meaning of section 5 of the Emergency Management Act (No 2) 2025 ; and In section 12(3)(b)(i) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 109(4) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In Schedule 5 , replace clause 3 with: 3 Act to which section 109(4) refers Section 109(4) applies to the Emergency Management Act (No 2) 2025 in relation to the function of the Manawatu-Wanganui Emergency Management Committee to develop, approve, or review a regional emergency management plan. In Schedule 1, Part 3 , repeal the item relating to Civil Defence Emergency Management Groups. In Schedule 1, Part 3 , insert in its appropriate alphabetical order: Emergency Management Committees maintained or established under the Emergency Management Act (No 2) 2025 Replace section 185(1)(b) with: b to assist in the exercise of powers and the implementation of emergency management during a state of emergency declared under the Emergency Management Act (No 2) 2025 . Replace section 26(c) with: c the Emergency Management Act (No 2) 2025 ; or In section 25(1)(a) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In the heading to section 75 , replace civil defence emergency with emergency . In section 75(1) , replace a civil defence emergency with an emergency . In section 75(5) , replace civil defence emergency with emergency . In section 75(5)(a) , replace a lifeline utility with essential infrastructure provider (as defined in section 5 of the Emergency Management Act (No 2) 2025 ). . In section 54(1)(b) and (8) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 55(1)(b) and (5)(b) , replace is not in force under the Civil Defence Emergency Management Act 2002 with related to the radiation danger is not in force under the Emergency Management Act (No 2) 2025 . In section 55(5)(b) , replace is declared under the Civil Defence Emergency Management Act 2002 with related to the radiation danger is declared under the Emergency Management Act (No 2) 2025 . In section 57(2)(a) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 57(2)(b) , replace the Director of Civil Defence Emergency Management or a Controller (within the meaning of the Civil Defence Emergency Management Act 2002) with the Director-General of Emergency Management or a Controller (within the meaning of the Emergency Management Act (No 2) 2025 ) . In section 330(1) , replace lifeline utility with essential infrastructure provider in each place. Replace section 330(5) with: 5 In this section and section 330A, essential infrastructure provider means an essential infrastructure provider within the meaning of section 7(1) of the Emergency Management Act (No 2) 2025 other than an essential infrastructure provider that is a network utility operator to which subsection (1)(c) applies. In section 330A(1) and (2) , replace lifeline utility with essential infrastructure provider . In the heading to section 330B , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 330B(1) , replace declared, or transition period notified, under the Civil Defence Emergency Management Act 2002 with or transition period declared under the Emergency Management Act (No 2) 2025 . Replace section 331AA(6)(a) with: a may apply only to an area where, under the Emergency Management Act (No 2) 2025 , a state of national or local emergency or a local or national transition period has been declared; and In section 3(1) , definition of emergency event , paragraph (a), replace section 4 of the Civil Defence Emergency Management Act 2002 with section 6(1) of the Emergency Management Act (No 2) 2025 . In section 6J(1)(a)(ii) , replace section 66 of the Civil Defence Emergency Management Act 2002 with section 109 of the Emergency Management Act (No 2) 2025 . In section 91AAS(1) , replace section 4 of the Civil Defence Emergency Management Act 2002 with section 6(1) of the Emergency Management Act (No 2) 2025 . In section 183ABA(4)(a) , replace section 4 of the Civil Defence Emergency Management Act 2002 with section 6(1) of the Emergency Management Act (No 2) 2025 . In section 239(2)(c) , replace Director of Civil Defence Emergency Management with Director-General of Emergency Management . In section 3(1) , definition of emergency , replace section 4 of the Civil Defence Emergency Management Act 2002 with section 6(1) of the Emergency Management Act (No 2) 2025 . In section 9 , definition of nationally significant infrastructure , replace paragraph (i) with: i the port companies recognised as essential infrastructure providers under Schedule 3 of the Emergency Management Act (No 2) 2025 In section 14A(a)(ii) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 5(1) , definition of emergency , replace section 4 of the Civil Defence Emergency Management Act 2002 with section 6(1) of the Emergency Management Act (No 2) 2025 . In section 38A(3) (a) (iii) , replace national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002 with national emergency management plan made under section 82 of the Emergency Management Act (No 2) 2025 . In section 25(8) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In section 34(4) , replace state of emergency declaration or transition period under the Civil Defence Emergency Management Act 2002 is in effect with declaration of state of emergency or transition period under the Emergency Management Act (No 2) 2025 is in force . In section 59(3)(b) , replace lifeline utilities with essential infrastructure providers . Replace section 59(8) with: 8 In this section, essential infrastructure provider has the meaning set out in section 7(1) of the Emergency Management Act (No 2) 2025 . In section 61(2) , replace an emergency is declared under the Civil Defence Emergency Management Act 2002 with a state of emergency is declared under the Emergency Management Act (No 2) 2025 . Replace section 61(2)(a) with: a in the case of a— an emergency declared under the Emergency Management Act 2025 , the Controller (within the meaning of section 5 of that Act); or i state of national emergency declared under the Emergency Management Act (No 2) 2025 , the National Controller (within the meaning of section 5 of that Act); and ii state of local emergency declared under that Act, the Regional Controller or District Controller (within the meaning of those terms section 5 of that Act); or In section 16(3)(c) , replace Civil Defence Emergency Management Act 2002 with section 6(1) of the Emergency Management Act (No 2) 2025 . In regulation 3(1) , definition of critical or major infrastructure , paragraph (a), replace lifeline utility within the meaning of section 4 of the Civil Defence Emergency Management Act 2002 with essential infrastructure provider within the meaning of section 7(1) of the Emergency Management Act (No 2) 2025 . In regulation 3(1) , definition of critical or major infrastructure , paragraph (b), replace section 4 of the Civil Defence Emergency Management Act 2002 with section 5 of the Emergency Management Act (No 2) 2025 . Replace regulation 17(1)(b)(ii) and (iii) with: ii an Emergency Management Committee (within the meaning of section 5 of the Emergency Management Act (No 2) 2025 ): iii emergency services (within the meaning of section 5 of the Emergency Management Act (No 2) 2025 ); and In Schedule 2, form 1 , replace the paragraph (a) following This warrant authorises you, within 10 days from its date of issue,— with: a to enter and search the premises stated above at any time by day or night on [ state the number of occasions on which the warrant may be executed ] occasion/s during the currency of the warrant; and In Schedule 2, form 1, paragraph (d) , replace information with [ state the information that may be searched for and seized ] . Replace rule 2.4A(1)(a)(i) with: i a state of emergency or transition period is declared under the Emergency Management Act (No 2) 2025 ; or In regulation 39A(7) , definition of state of emergency , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In rule 8(1) , definition of emergency , paragraph (a), replace declared under section 66(1) or 68(1) of the Civil Defence Emergency Management Act 2002 with as defined in section 5 section 109 or 113 of the Emergency Management Act (No 2) 2025 . In regulation 5 , revoke the definition of civil defence emergency . In regulation 5 , insert in its appropriate alphabetical order: state of emergency means a state of national emergency or a state of local emergency declared under the Emergency Management Act (No 2) 2025 , or any equivalent state declared under any subsequent replacement legislation In regulation 5 , replace the definition of director of civil defence emergency management with: Director-General of Emergency Management has the same meaning as in section 5 of the Emergency Management Act (No 2) 2025 , and includes any person appointed to an equivalent or a replacement role under any subsequent replacement legislation Replace regulation 14 with: 14 Emergency Management Act (No 2) 2025 A person is not required to comply with these regulations if that compliance prevents that person from complying with the requirements of the Emergency Management Act (No 2) 2025 . In regulation 34(3) , replace a civil defence with an . In regulation 36(b) , replace director of civil defence emergency management with Director-General of Emergency Management . In regulation 51(1)(b) , replace director of civil defence emergency management with Director-General of Emergency Management . Replace regulation 53(1)(e)(ii) with: ii if there is a state of emergency, the restoration of gas supply to consumers in accordance with guidelines issued by the Director-General of Emergency Management under section 15 (4) of the Emergency Management Act (No 2) 2025 relating to the national emergency management plan, or any equivalent or replacement document under any subsequent replacement legislation; and In regulation 59(1) and (2) , replace director of civil defence emergency management with Director-General of Emergency Management . In regulation 62(1)(b) , replace director of civil defence emergency management with Director-General of Emergency Management . Replace rule 3.3B(1)(a)(i) with: i a state of emergency or transition period is declared under the Emergency Management Act (No 2) 2025 ; or In clause 1.6, replace revoke the definition of civil defence emergency vehicle . with: civil defence emergency vehicle means a vehicle operated under the instructions of a person who is a Controller under section 19 , 51 , or 53 of the Emergency Management Act 2025 in an emergency, as defined in section 6(1) of that Act In clause 1.6, insert in its appropriate alphabetical order: emergency management vehicle means a vehicle operated under the instructions of a National Controller or Regional Controller within the meaning of those terms in section 5 of the Emergency Management Act (No 2) 2025 in an emergency as defined in section 6(1) of that Act In clause 1.6, definition of emergency vehicle , paragraph (d), replace a civil defence emergency with an emergency management . In Schedule 2, Part 2, item relating to Chatham Islands Council, replace Councillor/Civil Defence Emergency Group (7) with Councillor/Emergency Management Committee (7) . In regulation 4 , definition of operation , paragraph (b), replace civil defence with emergency management . In regulation 33(2)(d) , replace civil defence with emergency management . In regulation 3C(2) , replace lifeline utility listed in clauses 2 to 6 of Part A of Schedule 1 of the Civil Defence Emergency Management Act 2002 with essential infrastructure provider named or described in Schedule 3 of the Emergency Management Act (No 2) 2025 . In regulation 44(3) , replace Civil Defence Emergency Management Act 2002 with Emergency Management Act (No 2) 2025 . In regulation 6(1)(c)(iii) , replace section 91 of the Civil Defence Emergency Management Act 2002 with section 134 of the Emergency Management Act 2025 . Replace regulation 6(1)(c)(iii) with: iii travel to comply with any direction or request given under section 134 of the Emergency Management Act (No 2) 2025 : In regulation 67(1C)(a) , replace Part 4 of the Civil Defence Emergency Management Act 2002 with Part 4 of the Emergency Management Act (No 2) 2025 . In regulation 189(c) , replace Part 4 of the Civil Defence Emergency Management Act 2002 with Part 4 of the Emergency Management Act (No 2) 2025 . In Schedule 8, clause 61(2)(e) , replace Part 4 of the Civil Defence Emergency Management Act 2002 with Part 4 of the Emergency Management Act (No 2) 2025 .