New Zealand Legislation: Acts

15 Immediate modification of statutory requirements and restrictions to enable compliance during epidemic

• (1) While an epidemic notice is in force, 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 any requirement or restriction imposed by the enactment.

  (2) The Minister must not recommend the making of an order unless he or she—

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

    • (i) the effects of an epidemic of the quarantinable disease stated in the notice are, or are likely to be, such that the requirement or restriction is impossible or impracticable to comply (or comply fully) with; and

    • (ii) the modifications it makes go no further than is, or is likely to be, reasonably necessary in the circumstances; and

  • (b) is himself or herself satisfied that—

    • (i) the effects are, or are likely to be, such that the requirement or restriction is impossible or impracticable to comply (or comply fully) with; and

    • (ii) the modifications go no further than is, or is 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 Judicature Amendment Act 1972, or the New Zealand Bill of Rights Act 1990, 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.

  (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).