Severe Weather Emergency Legislation Bill
Severe Weather Emergency Legislation Bill
Severe Weather Emergency Legislation Bill
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Severe Weather Emergency Legislation Bill
Government Bill
235—1
Explanatory note
General policy statement
The Severe Weather Emergency Legislation Bill (the Bill) is an omnibus Bill introduced under Standing Order 267(1)(a). That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. The single broad policy implemented by the amendments in this Bill is to enable the next phase of emergency response and recovery in the main areas affected by the recent severe weather events.
Purpose
The general purpose of the Bill is to assist recovery and improve resilience for the areas affected those by severe weather events, and their councils and communities. It also enables all councils to take immediate action to improve resilience to future weather events with respect to enabling remote attendance at meetings, facilitating planning and decision-making, and allowing for concurrent declarations of states of emergency and transition periods. Specifically, amendments will—
ensure emergency powers are available when needed and can be exercised efficiently, including by allowing local authorities to use an alternative way of providing notice of entry for emergency response activities:
modify statutory time frames that are not practical for businesses or individuals to meet:
for a limited time, deem certain emergency response activities carried out by rural landowners and occupiers to be permitted activities, and facilitate planning and decision-making by all local authorities.
Modifying primary legislation to allow for recovery activity
The Bill modifies—
the Civil Defence Emergency Management Act 2002 (CDEM Act) to address issues relating to concurrent declarations of states of emergency and notices of transition periods under the CDEM Act to ensure emergency powers are available when needed; and
aspects of the Resource Management Act 1991 (RMA) for a limited time to deem certain emergency preventive or remedial actions carried out by owners or occupiers of rural land to be permitted activities, and extend time frames for advising local authorities and applying for retrospective consents for emergency work. This recognises that it may not be possible for those dealing with the impacts of the weather events to comply with all RMA planning and regulatory requirements or meet existing time frames for retrospective consents; and
the Local Government Act 2002 to—
enable local authorities and Civil Defence Emergency Management Groups to meet by audio or audiovisual link and the members to be counted as present; and
enable local authorities to amend their current long-term plans in relation to water infrastructure and services to take action to respond to damage caused by the recent severe weather events and improve the resilience to future weather events; and
registration and verification requirements in the Food Act 2014 and the Food Regulations 2015, to allow an extended period for a food business to renew its registration and to continue operating during the time a registration may have expired. This recognises that it may not be possible for affected communities (particularly isolated communities) to undertake their regulatory requirements for food businesses and allows those businesses to remain open.
Departmental disclosure statement
The [name of department] is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2023&no=235
Regulatory impact statement
A regulatory impact statement is not required for this Bill.
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. It provides that the Bill comes into force on the day after the date on which it receives the Royal assent.
Part 1Amendments to Civil Defence Emergency Management Act 2002
Clause 3 provides that Part 1 amends the Civil Defence Emergency Management Act 2002 (the principal Act).
Clause 4 inserts new section 28A into the principal Act, which provides for section 28 of the principal Act (relating to the functions of Group Controllers) to be replaced until 1 June 2024 by the modified provision set out in Part 1 of new Schedule 3 (which is inserted by clause 8).
The modified provision makes 2 changes to section 28 of the principal Act. The first change is to subsection (4), which provides that the powers of Group Controllers must not be exercised during a state of national emergency in a manner that is contrary to any priorities for the use of resources and services that have been determined by the Director of Civil Defence Emergency Management (the Director) or the National Controller. This provision is changed to clarify that it also applies in any case where the state of national emergency is in force in the same area and at the same time as a state of local emergency for another emergency.
The second change is to insert a new provision, which states that the powers of Group Controllers must not be exercised during a state of local emergency that is in force at the same time as a national transition period for another emergency in the same area in a manner that is contrary to any priorities for the use of resources and services that have been determined by the Director or the National Recovery Manager.
Clause 5 inserts new section 30B into the principal Act, which provides for section 30A of the principal Act (relating to the functions of Recovery Managers) to be replaced until 1 June 2024 by the modified provision set out in Part 2 of new Schedule 3 (which is inserted by clause 8).
The modified provision makes 2 changes to section 30A of the principal Act.
The first change is to subsection (5), which provides that the powers of Group Recovery Managers must not be exercised during a national transition period in a manner that is contrary to any priorities for the use of resources and services that have been determined by the Director or the National Recovery Manager. This provision is amended to clarify that it also applies in any case where the national transition period is in force in the same area and at the same time as a local transition period for another emergency.
The second change inserts a new provision, which states that the powers of Group Recovery Managers must not be exercised during a state of national emergency that is in force at the same time as a local transition period for another emergency in the same area in a manner that is contrary to any priorities for the use of resources and services that have been determined by the Director or the National Controller.
Clause 6 inserts new section 73A into the principal Act, which provides for sections 66 and 68 of the principal Act (relating to declarations of a state of emergency) to be replaced until 1 June 2024 by the modified provisions set out in Part 3 of new Schedule 3 (which is inserted by clause 8).
Section 66 of the principal Act is temporarily replaced by clause 3 of new Schedule 3. Currently, section 66 provides that if a declaration of a state of national emergency is made in an area, any other state of emergency that is in force in the area ceases to have effect. Clause 3 of new Schedule 3 provides that a declaration of a state of national emergency may be made in any area or district while there is in force in the area or district any other state of emergency (which may be a national state of emergency or a local state of emergency), or a national transition period, in respect of another emergency.
Section 68 of the principal Act is temporarily replaced by clause 4 of new Schedule 3. Currently, section 68(5) provides that a state of local emergency cannot be declared in an area while a state of national emergency is in force in respect of that area. Clause 4 of new Schedule 3 changes this by providing that a state of local emergency can be declared in an area while a state of national emergency or transition period is in force in respect of that area.
Clause 7 inserts new section 94FA into the principal Act, which provides for sections 94A, 94B, and 94E of the principal Act (relating to transition periods) to be replaced until 1 June 2024 by the modified provisions set out in Part 4 of new Schedule 3 (which is inserted by clause 8).
Section 94A of the principal Act is modified by clause 5 of new Schedule 3 to clarify that, if notice of a national transition period is given for an area or district, any other transition period in force in the area or district for the same emergency ceases to have effect. However, any state of emergency or local transition period in force in the area for another emergency continues to have effect.
Section 94B of the principal Act is modified by clause 6 of new Schedule 3 to provide that notice of a local transition period can be given for any part of New Zealand while a national transition period is in force in the part if the local transition period relates to a different emergency from that to which the national transition period relates. It is also clarified that notice of a local transition period may be given for any part of New Zealand while there is in force in the part, in relation to another emergency, a state of national emergency or a national transition period.
Section 94E of the principal Act is modified by clause 7 of new Schedule 3 by removing the provision that a transition period ends in an area without termination when a state of emergency is declared in the area. This provision no longer applies as a result of the changes made to sections 94A and 94B.
Clause 8 inserts new Schedule 3 into the principal Act.
Part 2Amendments to Food Act 2014 and Food Regulations 2015
Subpart 1—Amendments to Food Act 2014
Clause 9 provides that subpart 1 amends the Food Act 2014 (the principal Act).
Clause 10 amends Schedule 4 of the principal Act by inserting new clause 3A, which affords to operators of food businesses in areas impacted by a severe weather event (the affected areas) an extended period to renew their registration. The severe weather events are Cyclones Hale and Gabrielle and the heavy rainfall in Northland, Auckland, Waikato, and Bay of Plenty that occurred from 26 January 2023 to 3 February 2023. The affected areas are the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay and the districts of Tararua, Masterton, Carterton, and South Wairarapa. An operator of a food business in an affected area whose registration expired, or expires, between 8 January 2023 and 16 May 2023 has until the latter date to renew their registration. The extended renewal period avoids the need for operators with expired registrations, as a result of the impacts of a severe weather event, having to incur the burden and cost of applying for a new registration. This new clause is repealed at the close of 30 June 2023.
Subpart 2—Amendments to Food Regulations 2015
Clause 11 provides that subpart 2 amends the Food Regulations 2015 (the principal regulations).
Clause 12 inserts into the principal regulations new subpart 2B (new regulations 94B to 94D), which affords to operators of food businesses in areas impacted by a severe weather event (the affected areas) a temporary exemption from complying with the verification requirements. The severe weather events are Cyclones Hale and Gabrielle and the heavy rainfall in Northland, Auckland, Waikato, and Bay of Plenty that occurred from 26 January 2023 to 3 February 2023. The affected areas are the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay and the districts of Tararua, Masterton, Carterton, and South Wairarapa. An operator of a food business in an affected area who, under regulation 87(1), 88(1), or 90 of the principal regulations, is due to comply with the verification requirements between 8 January 2023 and 16 May 2023 is exempt from complying with those requirements. An operator of a food business in an affected area who, under regulation 91(1), 92(1), 93(1), or 94 of the principal regulations, is due to comply with the verification requirements between 8 January 2023 and 16 August 2023 is exempt from complying with those requirements. However, an operator who has the benefit of an exemption must subsequently resume compliance with the verification requirements when next required to do so in accordance with regulation 87(1), 88(1), 90, 91(1), 92(1), 93(1), or 94 of the principal regulations. The temporary exemptions will assist both operators and verifiers impacted by a severe weather event who have been unable to obtain, or undertake, the required verifications. New subpart 2B is revoked 12 months after it comes into force.
Part 3Amendments to Local Government Act 2002
Clause 13 provides that Part 3 amends the Local Government Act 2002 (the principal Act).
Clause 14 amends Schedule 1AA of the principal Act, which sets out application, savings, and transitional provisions. Clause 27 of Schedule 1AA deals with long-term planning and provides that during the establishment period for the new water services entities (15 December 2022 to 1 July 2024), long-term planning, including an amendment to a long-term plan, must exclude any content relating to water services. This clause is amended to clarify that it applies in respect of long-term planning for plans that take effect in any period on or after 1 July 2024. This will enable local authorities to amend existing long-term plans (plans for the period 1 July 2021 to 30 June 2024) to include matters relating to water services so that they may respond to damage caused to water infrastructure as a result of Cyclone Gabrielle. It will also enable local authorities to plan for future risk management for any other significant weather events that may occur before 1 July 2024.
Clause 15 inserts new clause 25B into Schedule 7 of the principal Act to modify clause 25A of that schedule during the period from 12 February 2023 to 1 April 2024. Clause 25A provides for remote attendance at local authority meetings. Under clause 25A, a member of a local authority, or of a committee of a local authority, has the right to attend a meeting by audio link or audiovisual link only if the standing orders of the local authority permit such attendance and the presiding member at the meeting is satisfied that all relevant conditions and requirements are met. This clause also provides that a member not physically present at a meeting is not to be counted as present for the purposes of constituting a quorum. The modifications in new clause 25B allow remote attendance despite the provisions of the relevant standing orders, and also allow remote attendees to be included in the quorum. This addresses the transport difficulties encountered by local authority members in areas impacted by Cyclone Gabrielle where some roads are impassable. This clause is repealed on 2 April 2024.
Part 4Amendments to Resource Management Act 1991
Clause 16 provides that Part 4 amends the Resource Management Act 1991 (the principal Act).
Clause 17 inserts new section 329A into the principal Act. It is an interpretation provision and defines, for the purposes of new sections 330AAA, 330AA, and 330C, affected area, area, and severe weather event. The severe weather events are Cyclones Hale and Gabrielle, and the heavy rainfall in Northland, Auckland, Waikato, and Bay of Plenty that occurred from 26 January 2023 to 3 February 2023. The affected areas listed are those affected by a severe weather event.
Clause 18 inserts new section 330AAA, which modifies the notification requirements in section 330(3) of the principal Act. Currently, when a local or consent authority enters any place to take an action to remove the cause, or mitigate any actual or likely adverse effect, of an emergency, the authority must give notice to the occupier. Section 330(3) is modified so that an authority entering any place on land in an affected area satisfies this requirement if a prominent notice containing certain details is displayed on the land and as soon as practicable a notice containing the same details is served on the ratepayer for the land.
Clause 19 inserts new section 330AA into the principal Act, which modifies the notice requirements in section 330A of the principal Act. Currently, section 330A(1) requires a person who has undertaken an activity under section 330 to give notice of that activity to the appropriate consent authority within 7 days. Section 330A(2) also requires the person to apply to the appropriate consent authority for any necessary resource consents within 20 working days after giving that notice if the activity contravenes any of sections 9, 12, 13, 14, and 15 of the principal Act and has continuing adverse effects. New section 330AA modifies these time frames to 100 working days and 160 working days respectively.
Clause 20 inserts new section 330C into the principal Act, which modifies the notice requirements in section 330B of the principal Act. Currently, section 330B(2) requires a person who has undertaken an activity exercising emergency powers during a state of emergency or transition period to remove the cause, or mitigate any actual or adverse effect, of the emergency to notify the appropriate consent authority within 7 days. Section 330B(3) also requires the person to apply to the appropriate consent authority for any necessary resource consents within 60 working days after giving that notice if the activity contravenes any of sections 9, 12, 13, 14, and 15 of the principal Act and has continuing adverse effects. New section 330C modifies those time frames to 100 working days and 160 working days respectively.
New sections 329A, 330AAA, 330AA, and 330C are repealed on 1 April 2025.
Clause 21 inserts new sections 331A to 331F into the principal Act.
New section 331A is an application provision. It provides that new sections 331B to 331E apply to activities undertaken on rural land in an affected area. Rural land and affected area are both defined, with the latter term having the same meaning as in new section 329A.
New section 331B deems as a permitted activity any activity undertaken to implement immediate preventive or remedial measures taken by owners or occupiers of rural land to avoid, remedy, or mitigate loss, injury, detriment, or damage caused by a severe weather event. However, any activity classified as a prohibited activity in a relevant plan, in any applicable regulations, or in national environmental standards cannot be deemed a permitted activity.
New section 331C requires an owner or occupier of rural land who has acted under new section 331B to give written notice to the relevant consent authority that the activity has been undertaken. Notice must be given within 60 working days after starting the activity. If the requisite notice is not given, the permitted activity status of the activity is revoked from the date on which the notice period ends.
New section 331D provides that nothing in new section 331B or 331C limits or affects a local authority’s duties under section 35 of the principal Act.
New section 331E provides that, for the purposes of activities undertaken under new section 331B, only the relevant local authority may take enforcement proceedings where it is alleged that the owner or occupier of rural land has breached section 16 or 17 of the principal Act.
New section 331F repeals new sections 331A to 331F on the close of 1 October 2023. The repeal of new section 331B does not affect a permitted activity status conferred on an activity.
Hon Kieran McAnulty
Severe Weather Emergency Legislation Bill
Government Bill
235—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Severe Weather Emergency Legislation Act 2023.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Amendments to Civil Defence Emergency Management Act 2002
3 Principal Act
This Part amends the Civil Defence Emergency Management Act 2002.
4 New section 28A inserted (Application of temporary provision in Part 1 of Schedule 3)
After section 28, insert:
28A Application of temporary provision in Part 1 of Schedule 3
(1)
The temporary provision set out in Part 1 of Schedule 3 applies during the period—
(a)
commencing on the day on which this section comes into force; and
(b)
ending on the close of 1 June 2024.
(2)
While the temporary provision applies, clause 1 of Schedule 3 replaces section 28.
(3)
During the application of the temporary provision, a cross-reference in this Act or any other enactment to section 28, or including section 28, is to be treated as a cross-reference to, or including, clause 1 of Schedule 3.
(4)
This section and Part 1 of Schedule 3 are repealed on the close of 2 June 2024.
5 New section 30B inserted (Application of temporary provision in Part 2 of Schedule 3)
After section 30A, insert:
30B Application of temporary provision in Part 2 of Schedule 3
(1)
The temporary provision set out in Part 2 of Schedule 3 applies during the period—
(a)
commencing on the day on which this section comes into force; and
(b)
ending on the close of 1 June 2024.
(2)
While the temporary provision applies, clause 2 of Schedule 3 replaces section 30A.
(3)
During the application of this temporary provision, a cross-reference in this Act or any other enactment to section 30A, or including section 30A, is to be treated as a cross-reference to, or including, clause 2 of Schedule 3.
(4)
This section and Part 2 of Schedule 3 are repealed on the close of 2 June 2024.
6 New section 73A inserted (Application of temporary provisions in Part 3 of Schedule 3)
After section 73, insert:
73A Application of temporary provisions in Part 3 of Schedule 3
(1)
The temporary provisions set out in Part 3 of Schedule 3 apply during the period—
(a)
commencing on the day on which this section comes into force; and
(b)
ending on the close of 1 June 2024.
(2)
The temporary provisions have the following effect while they apply:
(a)
clause 3 of Schedule 3 replaces section 66:
(b)
clause 4 of Schedule 3 replaces section 68.
(3)
During the application of the temporary provisions, a cross-reference in this Act or any other enactment to a replaced provision, or including a replaced provision, is to be treated as a cross-reference to, or including, the corresponding replacement provision.
(4)
This section and Part 3 of Schedule 3 are repealed on the close of 2 June 2024.
7 New section 94FA inserted (Application of temporary provisions in Part 4 of Schedule 3)
After section 94F, insert:
94FA Application of temporary provisions in Part 4 of Schedule 3
(1)
The temporary provisions set out in Part 4 of Schedule 3 apply during the period—
(a)
commencing on the day on which this section comes into force; and
(b)
ending on the close of 1 June 2024.
(2)
The temporary provisions have the following effect while they apply:
(a)
clause 5 of Schedule 3 replaces section 94A:
(b)
clause 6 of Schedule 3 replaces section 94B:
(c)
clause 7 of Schedule 3 replaces section 94E.
(3)
During the application of the temporary provisions, a cross-reference in this Act or any other enactment to a replaced provision, or including a replaced provision, is to be treated as a cross-reference to, or including, the corresponding replacement provision.
(4)
This section and Part 4 of Schedule 3 are repealed on the close 2 June 2024.
8 New Schedule 3 inserted
After Schedule 2, insert the Schedule 3 set out in the Schedule of this Act.
Part 2 Amendments to Food Act 2014 and Food Regulations 2015
Subpart 1—Amendments to Food Act 2014
9 Principal Act
This subpart amends the Food Act 2014.
10 Schedule 4 amended
In Schedule 4, after clause 3, insert:
3A Renewal of affected registrations that expire during, or within specified period after, severe weather event
(1)
In this clause,—
affected food business means a food business located wholly or partly in any of the following regions or districts impacted by a severe weather event:
(a)
the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay:
(b)
the districts of Tararua, Masterton, Carterton, and South Wairarapa
affected registration means a registration—
(a)
of—
(i)
a food control plan that applies to 1 or more affected food businesses; or
(ii)
an affected food business that is subject to a national programme; and
(b)
that expires at any time during the specified period
severe weather event means any of the following weather events:
(a)
Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
(b)
heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
(c)
Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023
specified period means the period—
(a)
commencing on 8 January 2023; and
(b)
ending on the close of 16 May 2023.
(2)
Despite clause 3, an affected registration may be renewed under this clause—
(a)
after the expiry of the period during which the affected registration is effective; and
(b)
whether the expiry occurs before, on, or after the date on which this clause comes into force.
(3)
An affected registration may be renewed by paying the prescribed fee to the proper authority at any time during the specified period.
(4)
On payment of the prescribed fee, the proper authority may renew the affected registration for a further period determined by the proper authority, unless the proper authority is satisfied that any 1 or more of the criteria specified in section 56 or 86(b), as the case may be, are no longer being met.
(5)
A person may operate an affected food business without the renewal of an affected registration—
(a)
during the specified period; and
(b)
after the expiry of the specified period until the date on which the person is notified whether the registration has been renewed, if the prescribed fee for the renewal was paid before the expiry of that period.
(6)
This clause is repealed at the close of 30 June 2023.
Subpart 2—Amendments to Food Regulations 2015
11 Principal regulations
This subpart amends the Food Regulations 2015.
12 New subpart 2B of Part 3 inserted
After regulation 94A, insert:
Subpart 2B—Temporary exemption for affected food businesses
94B Interpretation
In this subpart,—
affected food business means a food business located wholly or partly in any of the following regions and districts impacted by a severe weather event:
(a)
the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay:
(b)
the districts of Tararua, Masterton, Carterton, and South Wairarapa
severe weather event means any of the following weather events:
(a)
Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
(b)
heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
(c)
Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023.
94C Temporary exemption from verification requirements for affected food businesses because of severe weather event
(1)
This regulation applies to an operator of an affected food business who—
(a)
is due to comply with the verification requirements in accordance with regulation 87(1), 88(1), or 90 during the period—
(i)
commencing on 8 January 2023 2023; and
(ii)
ending on the close of 16 May 2023; or
(b)
is due to comply with the verification requirements in accordance with regulation 91(1), 92(1), 93(1), or 94 during the period—
(i)
commencing on 8 January 2023; and
(ii)
ending on the close of 16 August 2023.
(2)
An operator of an affected food business to whom this regulation applies—
(a)
is exempt from the compliance referred to in subclause (1); but
(b)
must comply with the verification requirements when compliance with those requirements is next due in accordance with regulation 87(1), 88(1), 90, 91(1), 92(1), 93(1), or 94.
(3)
The exemption in subclause (2) applies to an affected food business whether compliance is due before, on, or after the date this regulation comes into force.
94D Revocation
This subpart is revoked 12 months after the date on which it comes into force.
Part 3 Amendments to Local Government Act 2002
13 Principal Act
This Part amends the Local Government Act 2002.
14 Schedule 1AA amended
(1)
In Schedule 1AA, clause 27(1), after “long-term planning”
, insert “for plans that take effect in any period on or after 1 July 2024”
.
(2)
In Schedule 1AA, clause 27(1)(a), delete “or an amendment to a long-term plan”
.
(3)
In Schedule 1AA, replace clause 27(1)(b) with:
(b)
a consultation document related to a long-term plan (other than a consultation document related to the amendment of a long-term plan), and information relied on by the content of that document:
15 Schedule 7 amended
In Schedule 7, after clause 25A, insert:
25B Modifications to clause 25A during period 12 February 2023 to 1 April 2024
(1)
Subclauses (2) to (4) apply instead of clause 25A(1) during the period—
(a)
commencing on 12 February 2023; and
(b)
ending on the close of 1 April 2024.
(2)
A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee by means of audio link or audiovisual link.
(3)
To that end, a member may attend a meeting by means of audio link or audiovisual link despite—
(a)
clause 27(5)(a); and
(b)
any limitation or condition on the use of an audio link or audiovisual link that is contained in the local authority’s standing orders; and
(c)
anything else to the contrary in the local authority’s standing orders.
(4)
For a Civil Defence Emergency Management Group, the reference in subclause (3) to a local authority’s standing orders includes any standing orders that apply to the Group under section 19 of the Civil Defence Emergency Management Act 2002.
(5)
Subclause (6) applies instead of clause 25A(4).
(6)
A member of the local authority or committee who attends a meeting by means of audio link or audiovisual link, in accordance with this clause, is to be counted as present for the purposes of clause 23.
(7)
This clause is repealed on the close of 2 April 2024.
Part 4 Amendments to Resource Management Act 1991
16 Principal Act
This Part amends the Resource Management Act 1991.
17 New section 329A inserted (Interpretation)
Before section 330, insert:
329A Interpretation
(1)
In sections 330AAA, 330AA, and 330C,—
affected area means an area affected by 1 or more severe weather events
area means any of the following regions or districts:
(a)
the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay:
(b)
the districts of Tararua, Masterton, Carterton, and South Wairarapa
severe weather event means any of the following weather events:
(a)
Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
(b)
heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
(c)
Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023.
(2)
This section is repealed on the close of 1 April 2025.
18 New section 330AAA inserted (Modification of requirements in section 330(3) for authorities in affected areas)
After section 330, insert:
330AAA Modification of requirements in section 330(3) for authorities in affected areas
(1)
This section applies if, because of or in connection with the impacts of a severe weather event, a local authority or consent authority acting under section 330(2) enters a place on land within an affected area when the occupier cannot be found there.
(2)
Section 330(3) is satisfied, and the local authority or consent authority is not required to take further action to contact the occupier, if—
(a)
there is displayed in a prominent place on the land a notice that gives the date of entry, the reasons for entry, and the contact details of a person who can provide further information; and
(b)
as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002.
(3)
This section is repealed on the close of 1 April 2025.
19 New section 330AA inserted (Modification of requirements in section 330A for activities undertaken in affected areas)
After section 330A, insert:
330AA Modification of requirements in section 330A for activities undertaken in affected areas
(1)
This section applies if, because of or in connection with the impacts of a severe weather event, a person, local authority, consent authority, network utility operator, or lifeline utility (or a person acting on their behalf) undertakes an activity in an affected area under section 330.
(2)
The time within which advice of the activity must be given under section 330A(1) is extended to 100 working days.
(3)
The time within which any application for a resource consent must be lodged under section 330A(2) is extended to 160 working days.
(4)
Section 330A(3) applies subject to the time periods as modified by subsections (2) and (3).
(5)
In this section, lifeline utility has the same meaning as in section 330(5).
(6)
This section is repealed on the close of 1 April 2025.
20 New section 330C inserted (Modification of requirements in section 330B for activities undertaken in affected areas)
After section 330B, insert:
330C Modification of requirements in section 330B for activities undertaken in affected areas
(1)
This section applies if, because of or in connection with the impacts of a severe weather event, a person (or a person acting on their behalf) undertakes an activity to which section 330B applies in a part of an affected area to which a state of emergency or transition period under the Civil Defence Emergency Management Act 2002 is in force.
(2)
The time within which advice of the activity must be given under section 330B(2) is extended to 100 working days.
(3)
The time within which any application for a resource consent must be lodged under section 330B(3) is extended to 160 working days.
(4)
Section 330B(4) and (5) applies subject to the time periods as modified by subsections (2) and (3).
(5)
This section is repealed on the close of 1 April 2025.
21 New sections 331A to 331F and cross-heading inserted
After section 331, insert:
Emergency activities undertaken by certain rural landowners and occupiers
331A Application of sections 331B to 331E
(1)
Sections 331B to 331E apply to activities undertaken on rural land in an affected area.
(2)
In this section and sections 331B, 331C, and 331E, rural land means land that—
(a)
is in an affected area; and
(b)
has a general rural or rural production zoning status in the relevant district or combined plan, or has a zoning status that is the nearest equivalent to a general rural or rural production zoning status.
(3)
In this section, affected area has the same meaning as in section 329A.
331B Owner or occupier of rural land may take emergency preventive or remedial measures
(1)
Subsection (2) applies if,—
(a)
because of or in connection with the impacts of a severe weather event, a sudden event or an adverse effect on the environment has caused, is causing, or is likely to cause loss of life or injury to humans, loss of life or serious detriment to the health or well-being of animals, or serious damage to land or property; and
(b)
the owner or occupier of rural land—
(i)
considers, on reasonable grounds, that immediate preventive or remedial measures are required to avoid, remedy, or mitigate the loss, injury, detriment, or damage; and
(ii)
considers that, in the circumstances, the measures are proportionate to the loss, injury, detriment, or damage or the risk of the loss, injury, detriment, or damage; and
(iii)
undertakes 1 or more activities to implement the measures.
(2)
An activity undertaken under subsection (1)(b)(iii) is deemed to be a permitted activity for the purposes of any or all of the following:
(a)
any relevant plan or proposed plan:
(b)
any applicable regulations:
(c)
any applicable national environmental standards.
(3)
However, an activity is not deemed a permitted activity under subsection (2) if it is classified as a prohibited activity in any of the following:
(a)
any relevant plan or proposed plan:
(b)
any applicable regulations:
(c)
any applicable national environmental standards.
(4)
Subsection (2) applies whether or not the sudden event or adverse effect was foreseeable.
(5)
In this section, severe weather event has the same meaning as in section 329A.
331C Requirement for owner or occupier to give notice
(1)
An owner or occupier of rural land who has acted under section 331B must give written notice to the relevant consent authority that the activity has been undertaken.
(2)
Notice must be given within 60 working days after the activity begins.
(3)
If the owner or occupier fails to comply with subsection (2), the permitted activity status of the activity is revoked as from the date on which the notice period in that subsection ends.
331D Duty to gather information, monitor, and keep records
Nothing in section 331B or 331C limits or affects a local authority’s duties under section 35.
331E Enforcement proceedings
For the purposes of activities undertaken under section 331B, only the relevant local authority may take enforcement proceedings (including declaratory proceedings) under Part 12, including in any case where it is alleged that the owner or occupier of rural land has breached section 16 or 17.
331F Repeal of this section and sections 331A to 331E
(1)
This section and sections 331A to 331E and the cross-heading above section 331A are repealed on the close of 1 October 2023.
(2)
The repeal of section 331B does not affect a permitted activity status conferred on an activity under section 331B(2).
(3)
However, subsection (2) does not limit or affect the operation of this Act (including the ability to change the status of the permitted activity in a district or regional plan) after the repeal of section 331B.
Schedule New Schedule 3 inserted into Civil Defence Emergency Management Act 2002
s 8
Schedule 3
ss 28A, 30B, 73A, 94FA
Part 1 Temporary provision relating to functions of Group Controllers
1 Functions of Group Controllers
(1)
A Group Controller must, during a state of local emergency for the area for which the Group Controller is appointed, direct and co-ordinate, for the purposes of this Act, the use of the personnel, material, information, services, and other resources made available by departments, Civil Defence Emergency Management Groups, and other persons.
(2)
The Group Controller must also perform any functions or duties delegated to the Group Controller by the Civil Defence Emergency Management Group or conferred on Controllers by this Act or any other enactment, and may exercise any power conferred on the Group Controller by delegation under this Act.
(3)
A Group Controller or person directed under section 27 may authorise any suitably qualified and experienced person to perform any function or duty or exercise any power of that Group Controller or directed person, including the power to authorise the exercise or performance of those powers, functions, and duties.
(4)
No Group Controller or person directed under section 27 may exercise any power conferred on Controllers by this Act during any state of national emergency (whether or not the state of national emergency is in force at the same time as a state of local emergency for another emergency in the same area) in any manner contrary to any priorities for the use of resources and services that have been determined by the Director or National Controller.
(5)
No Group Controller or person directed under section 27 may exercise any power conferred on Controllers by this Act during any state of local emergency that is in force at the same time as a national transition period for another emergency in the same area in any manner contrary to any priorities for the use of resources and services that have been determined by the Director or National Recovery Manager.
Part 2 Functions of Recovery Managers
2 Functions of Recovery Managers
(1)
A Group Recovery Manager must, during a local transition period for the area for which the Group Recovery Manager is appointed, direct and co-ordinate the use of the personnel, material, information, services, and other resources made available by departments, Civil Defence Emergency Management Groups, and other persons for the purpose of carrying out recovery activities.
(2)
The Group Recovery Manager must also perform any functions or duties delegated to the Group Recovery Manager by the Civil Defence Emergency Management Group or conferred on Group Recovery Managers by this Act or any other enactment, and may exercise any power conferred on the Group Recovery Manager by delegation under this Act.
(3)
A Group Recovery Manager or a Local Recovery Manager may authorise any suitably qualified and experienced person to perform any function or duty or exercise any power of that Group Recovery Manager or Local Recovery Manager, except the power to authorise another person to perform those functions and duties or to exercise those powers.
(4)
A Group Recovery Manager or Local Recovery Manager who authorises a person under subclause (3) to perform a function or duty or to exercise a power remains responsible and accountable under this Act for the performance of the function or duty or the exercise of the power.
(5)
No Group Recovery Manager or Local Recovery Manager, and no person performing the functions or duties or exercising the powers of a Group Recovery Manager or Local Recovery Manager, may exercise any power conferred on Group Recovery Managers by this Act during any national transition period (whether or not the national transition period is in force at the same time as a local transition period for another emergency in the same area) in any manner contrary to any priorities for the use of resources and services that have been determined by the Director or National Recovery Manager.
(6)
No Group Recovery Manager or Local Recovery Manager, and no person performing the functions or duties or exercising the powers of a Group Recovery Manager or Local Recovery Manager, may exercise any power conferred on Group Recovery Managers by this Act during any state of national emergency that is in force at the same time as a local transition period for another emergency in the same area in any manner contrary to any priorities for the use of resources and services that have been determined by the Director or National Controller.
Part 3 Temporary provisions relating to declarations of state of emergency
3 Minister may declare state of national emergency
(1)
The Minister may declare that a state of national emergency exists over the whole of New Zealand or any areas or districts if at any time it appears to the Minister 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 civil defence emergency management necessary or desirable in respect of it is, or is likely to be, beyond the resources of the Civil Defence Emergency Management Groups whose areas may be affected by the emergency.
(2)
The Minister must advise the House of Representatives as soon as practicable where a state of national emergency has been declared or extended.
(3)
A state of national emergency may be declared for any area or district while there is in force in that area or district, in relation to another emergency,—
(a)
any other state of emergency; or
(b)
a national transition period.
4 Declaration of state of local emergency
(1)
A person appointed for the purpose under section 25 may declare that a state of local emergency exists in the area for which the person is appointed if at any time it appears to the person that an emergency has occurred or may occur within the area.
(2)
A person who is authorised to declare a state of local emergency may declare that the state of local emergency exists in respect of the whole area of the Civil Defence Emergency Management Group concerned or 1 or more districts or wards within the area.
(3)
If an authorised person declares a state of local emergency for—
(a)
the whole area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more districts or wards within the area ceases to have effect:
(b)
a district within the area of a Civil Defence Emergency Management Group, then any other state of local emergency already in force for 1 or more wards within the district ceases to have effect.
(4)
A state of local emergency may be declared in respect of an area that is not affected by an emergency if, in the opinion of any person authorised to declare a state of local emergency in respect of that area, the resources of that area are needed to assist any other area where a state of local emergency is in force.
(5)
The fact that a person purporting to be authorised by section 25 declares a state of local emergency is, in the absence of proof to the contrary, conclusive evidence that the person is authorised under that section to do so.
(6)
A state of local emergency may be declared under this section for any area while there is in force in that area, in relation to another emergency,—
(a)
a state of national emergency; or
(b)
a transition period.
(7)
Nothing in this clause authorises a state of local emergency to be declared for COVID-19 without the prior approval of the Minister, but this subclause does not prevent a state of local emergency being declared for any purpose that is not related to COVID-19.
Part 4 Temporary provisions relating to transition periods
5 Minister may give notice of national transition period
(1)
After a state of emergency has been declared for any area, or after an emergency arises for which a state of emergency has not been declared, the Minister may give notice of a national transition period over the whole of New Zealand or any areas or districts if it appears to the Minister that a national transition period is required.
(2)
Without limiting subclause (1), the Minister must be satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is—
(a)
in the public interest; and
(b)
necessary or desirable to ensure a timely and effective recovery.
(3)
In deciding whether a national transition period is required, the Minister must have regard to—
(a)
the areas or districts affected by the emergency; and
(b)
whether the focus of activities in any area or district is moving from response to recovery, including whether a state of emergency is about to expire or be terminated; and
(c)
the capacity of any Civil Defence Emergency Management Group and any local authority in any area or district affected by the emergency to carry out recovery activities.
(4)
If the Minister gives notice of a national transition period,—
(a)
the Minister must advise the House of Representatives as soon as practicable; and
(b)
any other transition period for the same emergency then in force in any area or district to which the national transition period applies ceases to have effect; and
(c)
any state of emergency or local transition period for another emergency in the area or district to which the national transition period applies continues in force.
6 Notice of local transition period
(1)
A person who is authorised to give notice of a local transition period by being appointed for the purpose under section 25(1)(b) or otherwise authorised by section 25(4) or (5) may, after a state of emergency has been declared for the area of the Civil Defence Emergency Management Group concerned, give notice of a local transition period for the area of the Civil Defence Management Group concerned, or for 1 or more districts or wards within the area, if it appears to the person that a local transition period is required.
(2)
After an emergency arises, for which a state of emergency has not been declared, a person who is appointed or otherwise authorised under section 25 to give notice of a local transition period may do so in accordance with subclause (1) with the approval of the Minister.
(3)
After a state of emergency has been declared for the area of a Civil Defence Emergency Management Group, or after an emergency arises for which a state of emergency has not been declared, the Minister may give notice of a local transition period for the area or for 1 or more districts or wards within the area if—
(a)
it appears to the Minister that a local transition period is required for the whole or any part of the area; and
(b)
notice of a local transition period has not been given under subclause (1).
(4)
Without limiting subclauses (1) to (3), the Minister or the appointed or otherwise authorised person must not give notice of a local transition period unless satisfied that invoking the powers to manage, co-ordinate, or direct recovery activities is—
(a)
in the public interest; and
(b)
necessary or desirable to ensure a timely and effective recovery.
(5)
In deciding whether a local transition period is required, the Minister or the appointed or otherwise authorised person must have regard to—
(a)
the areas, districts, or wards affected by the emergency; and
(b)
whether the focus of activities in any area, district, or ward is moving from response to recovery, including whether a state of emergency is about to expire or be terminated.
(6)
The Minister must also have regard to the capacity of any Civil Defence Emergency Management Group and any local authority in any area, district, or ward affected by the emergency to carry out recovery activities.
(7)
Before giving notice under subclause (3), the Minister must, in a manner the Minister considers appropriate, seek and consider comment from any affected Civil Defence Emergency Management Group and the mayor of any affected local authority, unless—
(a)
it is impracticable in the circumstances to do so; or
(b)
in the opinion of the Minister, the urgency of the situation requires the notice of transition to be given immediately.
(8)
If notice of a local transition period is given under this clause over—
(a)
the whole area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more districts or wards within the area ceases to have effect:
(b)
a district within the area of a Civil Defence Emergency Management Group, any other local transition period already in force for 1 or more wards within the district ceases to have effect.
(9)
After notice of a local transition period has been given for an area (the first area) in accordance with subclauses (1) to (3), a further notice of a local transition period may be given, in accordance with those subclauses, for another district or ward in the area of the relevant Civil Defence Emergency Management Group that is not affected by an emergency if it appears to the person giving notice that the resources of that other district or ward are needed to assist the first area.
(10)
The fact that a person purporting to be authorised under section 25 gives notice of a local transition period is, in the absence of proof to the contrary, conclusive evidence that the person is authorised to do so.
(11)
However, nothing in this clause authorises notice of a local transition period to be given for any part of New Zealand while a national transition period for the same emergency is in force for that part.
(12)
Notice of a local transition period may be given for any part of New Zealand while there is in force in respect of the part, in relation to another emergency in that part,—
(a)
a state of national emergency; or
(b)
a national transition period.
(13)
Nothing in this clause authorises notice of a local transition period to be given for any part of New Zealand for COVID-19 without the prior approval of the Minister, but this subclause does not prevent notice of a local transition period being given for any other purpose.
7 Termination of transition periods
(1)
The Minister may by notice terminate a national transition period.
(2)
The person who gave notice of a local transition period (or the Minister or another person appointed or otherwise authorised to give that notice) may by notice terminate the local transition period.
(3)
A notice terminating a transition period terminates the relevant transition period when given.
(4)
Before giving notice under subclause (2), the Minister must, in a manner the Minister considers appropriate, seek and consider comment from any affected Civil Defence Emergency Management Group and the mayor of any affected local authority, unless—
(a)
it is impracticable in the circumstances to do so; or
(b)
in the opinion of the Minister, the urgency of the situation requires the notice of termination to be given immediately.
(5)
A notice terminating a transition period must—
(a)
specify the time and date on which it is given; and
(b)
specify the areas, districts, or wards to which the transition period applies; and
(c)
be in the form prescribed by regulations made under section 115 or a form of similar effect.
(6)
A person who terminates a transition period must—
(a)
immediately notify the public by any means of communication that are reasonably practicable in the circumstances of the case; and
(b)
ensure that the notice of termination is published in the Gazette as soon as practicable after it is given.
"Related Legislation
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Versions
Severe Weather Emergency Legislation Bill
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