Epidemic Preparedness Act 2006

Epidemic notices and epidemic management notices

5 Prime Minister may enable use of special powers

(1)

With the agreement of the Minister of Health, the Prime Minister may, by notice, declare that he or she is satisfied that the effects of an outbreak of a stated quarantinable disease (within the meaning of the Health Act 1956) are likely to disrupt or continue to disrupt essential governmental and business activity in New Zealand (or stated parts of New Zealand) significantly.

(2)

Subsection (1) applies whether the outbreak is occurring within New Zealand or overseas.

(3)

If not renewed under section 7(1), the notice expires on the earliest of the following:

(a)

the day 3 months after its commencement:

(b)

a day stated in the notice:

(c)

a day stated for the purpose by the Prime Minister by further notice.

(4)

The Prime Minister must not give the notice except on, and after considering, the written recommendation of the Director-General of Health.

(5)

[Repealed]

(6)

While the notice is in force, further notices may be given modifying its effect—

(a)

by lifting its application from stated parts of New Zealand; or

(b)

in the case of an epidemic notice that applies to only stated parts of New Zealand,—

(i)

by extending its application to other stated parts of New Zealand; or

(ii)

by extending its application to the whole of New Zealand.

(7)

After the notice expires, a new notice can be given in respect of the same disease.

(8)

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(9)

If a notice is made under this section,—

(a)

the Prime Minister is the relevant Minister for the purposes of section 114 of the Legislation Act 2019; and

(b)

the notice must be presented under that section as soon as possible after it is made.

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationThe Prime Minister must present it to the House of Representatives as soon as possible after it is made (see subsection (9))LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the secondary legislation

Section 5(1): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 5(3)(c): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 5(5): repealed, on 28 October 2021, by regulation 72(1) of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).

Section 5(8): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 5(9): inserted, on 28 October 2021, by regulation 72(2) of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).