12 Prospective modification of statutory requirements and restrictions to enable compliance during epidemic

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister of the Crown responsible for the administration of an enactment, modify (with prospective effect as stated in section 13) any requirement or restriction imposed by the enactment.

(2)

The Minister must not recommend the making of the order unless he or she—

(a)

has received from the chief executive of the department of State responsible for the administration of the enactment a written recommendation stating that, in the chief executive’s opinion,—

(i)

if a serious outbreak of a disease affecting people occurred in New Zealand, the effects might well be such that the requirement or restriction would be impossible or impracticable to comply (or comply fully) with; and

(ii)

the modification to be made goes no further than would be likely to be reasonably necessary in the circumstances; and

(b)

is himself or herself satisfied that—

(i)

the effects might well be such that the requirement or restriction would be impossible or impracticable to comply (or comply fully) with; and

(ii)

the modification goes no further than would be likely to be reasonably necessary in the circumstances.

(3)

Subsection (1) does not authorise—

(a)

a modification of a requirement—

(i)

to release a person from custody or detention; or

(ii)

to have any person’s detention reviewed by a court, Judge, or Registrar; or

(b)

a modification of a restriction on keeping a person in custody or detention; or

(c)

a modification of a requirement or restriction imposed by the Bill of Rights 1688, the Constitution Act 1986, the Electoral Act 1993, the Judicial Review Procedure Act 2016, the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014, or by this Act.

(4)

Subsection (3) does not prevent the modification of a procedural requirement or restriction relating to a person in custody or detention, even if the effect (direct or indirect) of the modification is that the person stays in custody or detention longer than he or she otherwise would have stayed.

(5)

A modification of a requirement or restriction—

(a)

may be absolute or subject to conditions; and

(b)

may be made—

(i)

by stating alternative means of complying with the requirement or restriction; or

(ii)

by substituting a discretionary power for the requirement or restriction.

(6)

Subsection (5) does not limit subsection (1).

Section 12(3)(c): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).

Section 12(3)(c): amended, on 8 August 2014, by section 35(2) of the Parliamentary Privilege Act 2014 (2014 No 58).