2017/59
Patsy Reddy, Governor-General
At Wellington this 10th day of April 2017
Present:Her Excellency the Governor-General in Council
These regulations are made under section 115 of the Civil Defence Emergency Management Act 2002 on the advice and with the consent of the Executive Council.
These regulations are the Civil Defence Emergency Management (Transition Period Notices) Amendment Regulations 2017.
These regulations come into force on 1 June 2017.
These regulations amend the Civil Defence Emergency Management Regulations 2003 (the principal regulations).
After regulation 6, insert:
(1)
If the Minister gives notice—
of a national transition period under section 94A of the Act, the notice must be in form 11 of Schedule 2:
extending a national transition period under section 94D of the Act, the notice must be in form 12 of Schedule 2:
terminating a national transition period under section 94E of the Act, the notice must be in form 13 of Schedule 2.
(2)
of a local transition period under section 94B of the Act, the notice must be in form 14 of Schedule 2:
extending a local transition period under section 94D of the Act, the notice must be in form 15 of Schedule 2:
terminating a local transition period under section 94E of the Act, the notice must be in form 16 of Schedule 2.
(3)
If a person other than the Minister gives notice—
of a local transition period under section 94B of the Act, the notice must be in form 17 of Schedule 2:
extending a local transition period under section 94D of the Act, the notice must be in form 18 of Schedule 2:
terminating a local transition period under section 94E of the Act, the notice must be in form 19 of Schedule 2.
(4)
Despite subclauses (1) to (3), the person giving notice may—
use a form of similar effect to a form specified in any of those subclauses; and
include additional information in any form.
In Schedule 2, after form 10, insert the forms 11 to 19 set out in the Schedule of these regulations.
r 5
Section 94A, Civil Defence Emergency Management Act 2002
I, [full name], give notice of a national transition period over the whole of New Zealand/[areas or districts]* owing to the [describe emergency].
This transition period—
comes into force at [time] on [date], which is the time and date when—
*this notice is given:
*the state of emergency declared at [time] on [date] for [area] expires:
*the state of emergency declared at [time] on [date] for [area] is terminated:
is in force for 90 days:
ends at [time] on [date], unless extended or terminated earlier.
†The previous transition period over [Civil Defence Emergency Management Group area, or districts or wards within that area], notice of which was given at [time] on [date], ceases to have effect.
Signed by:
Designation: Minister of Civil Defence/[other Minister of the Crown]*
Time and date of notice:
The Minister must, as soon as practicable after giving this notice,—
advise the House of Representatives; and
notify the public of this notice by publishing the notice—
in 1 or more newspapers circulating in the areas, districts, or wards to which the notice relates; and
on an Internet site to which the public has free access; and
ensure that the notice is published in the Gazette.
See section 94C(1) and (2) of the Civil Defence Emergency Management Act 2002 regarding when a transition period comes into force and section 94C(3) of that Act regarding when a national transition period expires.
Calculating the end of a 90-day transition period: if the transition period came into force at 9.35 am on 1 March, the period would end at 9.35 am on 30 May.
Section 94D, Civil Defence Emergency Management Act 2002
I, [full name], extend the national transition period over the whole of New Zealand/[areas or districts]* owing to the [describe emergency].
This extension of the transition period—
comes into force immediately before [time] on [date], which is when the current transition period ends:
ends at [time] on [date], unless terminated or further extended earlier.
ensure that this notice is published in the Gazette.
Section 94E, Civil Defence Emergency Management Act 2002
I, [full name], terminate the national transition period over the whole of New Zealand/[areas or districts]* owing to the [describe emergency], notice of which was given at [time] on [date].
The transition period is terminated at the time and on the date when this termination notice is given.
The Minister must, after giving this notice of termination,—
immediately notify the public by any means of communication that are reasonably practicable in the circumstance; and
as soon as practicable, ensure that this notice is published in the Gazette.
Section 94B, Civil Defence Emergency Management Act 2002
I, [full name], give notice of a local transition period over [Civil Defence Emergency Management Group area, or districts or wards in that area] owing to the [describe emergency].
is in force for 28 days:
See section 94C(1) and (2) of the Civil Defence Emergency Management Act 2002 regarding when a transition period comes into force and section 94C(4) of that Act regarding when a local transition period expires.
Calculating the end of a 28-day transition period: if the transition period came into force at 9.35 am on 1 January, the period would end at 9.35 am on 29 January; if the transition period came into force at 9.35 am on a Friday, the period would end at 9.35 am on the fourth Friday following.
I, [full name], extend the local transition period over [Civil Defence Emergency Management Group area, or districts or wards in that area] owing to the [describe emergency].
If this notice is the third or a further extension of the transition period, the Minister must advise the House of Representatives as soon as practicable.
I, [full name], terminate the local transition period over [Civil Defence Emergency Management Group area, or districts or wards within that area] owing to the [describe emergency], notice of which was given at [time] on [date].
I, [full name], give notice of a local transition period over [Civil Defence Emergency Management Group area, or districts or wards within that area] owing to the [describe emergency].
Designation:
*Person appointed by the Civil Defence Emergency Management Group as a person authorised to give notice of a local transition period
*Representative of a member of the Civil Defence Emergency Management Group [Select this designation if no person appointed by the Group is or is likely to be able to give this notice.]
*Mayor of territorial authority responsible for the area
*Elected member of territorial authority responsible for area (designated to act on behalf of the Mayor if the Mayor is absent).
The person giving this notice must, as soon as practicable after giving the notice,—
I, [full name], extend the local transition period over [Civil Defence Emergency Management Group area, or districts or wards within that area] owing to the [describe emergency].
*Elected member of territorial authority responsible for area (designated to act on behalf of the Mayor if the Mayor is absent)
If this notice is the third or a further extension of the transition period, the person giving the notice must give the Minister a copy of the notice at the same time as notifying the public of the extension.
The person giving this notice of termination must—
Rachel Hayward,acting for Clerk of the Executive Council.
These regulations, which come into force on 1 June 2017, amend the Civil Defence Emergency Management Regulations 2003 (the principal regulations) by inserting into Schedule 2 of those regulations forms of notice necessary to implement national and local transition periods under Parts 5A and 5B of the Civil Defence Emergency Management Act 2002.
Clause 1 sets out the title of these regulations.
Clause 2 provides that these regulations come into force on 1 June 2017.
Clause 3 identifies the principal regulations.
Clause 4 inserts new regulation 7 into the principal regulations. New regulation 7 provides, by reference to new forms that are to be inserted into Schedule 2 of the principal regulations, for 9 prescribed forms of notice relating to national and local transition periods.
Clause 5 amends Schedule 2 of the principal regulations by inserting new forms 11 to 19. In particular,—
new form 11 is the form by which the Minister gives notice of a national transition period:
new form 12 is the form by which the Minister gives notice of the extension of a national transition period:
new form 13 is the form by which the Minister gives notice of the termination of a national transition period:
new form 14 is the form by which the Minister gives notice of a local transition period:
new form 15 is the form by which the Minister gives notice of the extension of a local transition period:
new form 16 is the form by which the Minister gives notice of the termination of a local transition period:
new form 17 is the form by which a local Civil Defence Emergency Management authority gives notice of a local transition period:
new form 18 is the form by which a local Civil Defence Emergency Management authority gives notice of the extension of a local transition period:
new form 19 is the form by which a local Civil Defence Emergency Management authority gives notice of the termination of a local transition period.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 13 April 2017.
These regulations are administered by the Ministry of Civil Defence and Emergency Management.