New Zealand Legislation: Acts

25 Expenses or capital expenditure may be incurred in emergencies

• (1) This section applies if—

  • (a) a state of emergency or state of civil defence emergency is declared under the Civil Defence Act 1983 or the Civil Defence Emergency Management Act 2002; or

  • (b) a situation occurs that affects the public health or safety of New Zealand or any part of New Zealand that the Government declares to be an emergency.

  (2) The Minister may approve expenses or capital expenditure to be incurred to meet the emergency or disaster and, whether or not there is an appropriation by Parliament available for the purpose and despite sections 4, 8, and 9, the expenses or capital expenditure may be incurred accordingly.

  (3) If expenses or capital expenditure that have not been appropriated are incurred under subsection (2), the Minister must publish a notice in the Gazette, stating that the expenses or capital expenditure have been so incurred.

  (4) Public money may be spent, without further authority than this section, for the purpose of meeting expenses or capital expenditure incurred in accordance with subsection (2) that have not been appropriated.

  (5) A statement about any expenses and capital expenditure incurred under this section in any financial year that have not been appropriated must be included in—

  • (a) the annual financial statements of the Government; and

  • (b) an Appropriation Bill for confirmation by Parliament.

  (6) Subsection (5) does not limit the validity of any expenses or capital expenditure incurred under this section.

  Sections 24 and 25 were substituted, as from 21 December 1992, by section 16 Public Finance Amendment Act 1992 (1992 No 142).

  Parts 1 and 2 (sections 4 to 26A) were substituted by new Parts 1 and 2 (sections 4 to 26Z), as from 25 January 2005, by section 7 Public Finance Amendment Act 2004 (2004 No 113). See sections 32 to 36 of that Act as to the transitional provisions.