Severe Weather Emergency Legislation Act 2023

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.
1: Amendments to Civil Defence Emergency Management Act 2002
3: Principal Act
This Part amends the Civil Defence Emergency Management Act 2002 2023-03-21 Civil Defence Emergency Management Act 2002
4: New section 28A inserted (Application of temporary provision in Part 1 of Schedule 3)
After section 28
28A: Application of temporary provision in Part 1 of Schedule 3
1: The temporary provision set out in Part 1 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: While the temporary provision applies, clause 1 of Schedule 3
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
5: New section 30B inserted (Application of temporary provision in Part 2 of Schedule 3)
After section 30A
30B: Application of temporary provision in Part 2 of Schedule 3
1: The temporary provision set out in Part 2 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: While the temporary provision applies, clause 2 of Schedule 3
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
6: New section 73A inserted (Application of temporary provisions in Part 3 of Schedule 3)
After section 73
73A: Application of temporary provisions in Part 3 of Schedule 3
1: The temporary provisions set out in Part 3 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: The temporary provisions have the following effect while they apply:
a: clause 3 of Schedule 3
b: clause 4 of Schedule 3
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
7: New section 94FA inserted (Application of temporary provisions in Part 4 of Schedule 3)
After section 94F
94FA: Application of temporary provisions in Part 4 of Schedule 3
1: The temporary provisions set out in Part 4 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: The temporary provisions have the following effect while they apply:
a: clause 5 of Schedule 3
b: clause 6 of Schedule 3
c: clause 7 of Schedule 3
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
8: New Schedule 3 inserted
After Schedule 2 Schedule
2: Amendments to Food Act 2014 and Food Regulations 2015
1: Amendments to Food Act 2014
9: Principal Act
This subpart amends the Food Act 2014 2023-03-21 Food Act 2014
10: Schedule 4 amended
In Schedule 4
3A: Renewal of affected registrations that expire during, or within specified period after, severe weather event
1: In this clause,— affected food business
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
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
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
a: commencing on 8 January 2023; and
b: ending on the close of 16 May 2023.
2: Despite clause 3
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, if the proper authority is satisfied that all of the criteria specified in section 56 or 86(b), as the case may be, are continuing to be 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.
2: Amendments to Food Regulations 2015
11: Principal regulations
This subpart amends the Food Regulations 2015 2023-03-21 Food Regulations 2015
12: New subpart 2B of Part 3 inserted
After regulation 94A
2B: Temporary exemption for affected food businesses
94B: Interpretation
In this subpart,— affected food business
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
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; 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)
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)
94D: Revocation
This subpart is revoked 12 months after the date on which it comes into force.
3: Amendments to Local Government Act 2002
13: Principal Act
This Part amends the Local Government Act 2002 2023-03-21 Local Government Act 2002
14: Schedule 1AA amended
1: In Schedule 1AA, clause 27(1) long-term planning for plans that take effect in any period on or after 1 July 2024
2: In Schedule 1AA, clause 27(1)﻿(a) or an amendment to a long-term plan
3: In Schedule 1AA
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
25B: Modifications to clause 25A during period 12 February 2023 to 1 April 2024
1: Subclauses (2) to (4)
a: commencing on 12 February 2023; and
b: ending on the close of 30 September 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)
5: Subclause (6)
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 1 October 2024.
4: Amendments to Resource Management Act 1991
16: Principal Act
This Part amends the Resource Management Act 1991 2023-03-21 Resource Management Act 1991
17: New section 329A inserted (Interpretation)
Before section 330
329A: Interpretation
1: In sections 330AAA, 330AA, and 330C affected area area
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
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 October 2024.
18: New section 330AAA inserted (Modification of requirements in section 330(3) for authorities in affected areas)
After section 330
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)
3: This section is repealed on the close of 1 October 2024.
19: New section 330AA inserted (Modification of requirements in section 330A for activities undertaken in affected areas)
After section 330A
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
6: This section is repealed on the close of 1 October 2024.
20: New section 330C inserted (Modification of requirements in section 330B for activities undertaken in affected areas)
After section 330B
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 October 2024.
21: New sections 331A to 331F and cross-heading inserted
After section 331 Emergency activities undertaken by certain rural landowners and occupiers
331A: Application of sections 331B to 331E
1: Sections 331B to 331E
2: In this section and sections 331B, 331C, and 331E rural land
a: has a general rural, rural production, or Māori purpose zoning status (or the nearest equivalent zone) in the relevant district or combined plan; or
b: has located on it any marae, papakāinga, or urupā; or
c: is used for the primary purpose of livestock or horticultural farming.
3: In this section, affected area section 329A
331B: Owner or occupier of rural land may take emergency preventive or remedial measures
1: Subsection (2)
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 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 in a manner that,—
A: so far as is reasonably practicable, avoids, remedies, or mitigates the adverse environmental effects; and
B: will not cause significant adverse effects beyond the boundaries of the owner’s or occupier’s rural land.
2: An activity undertaken under subsection (1)﻿(b)﻿(iii)
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)
a: is classified as a prohibited activity in any of the following:
i: any relevant plan or proposed plan:
ii: any applicable regulations:
iii: any applicable national environmental standard; or
b: is an activity referred to in section 12; or
c: is undertaken on culturally significant land, or will impact on culturally significant land, without the written permission of the relevant iwi or hapū given following notice to the relevant iwi or hapū by the owner or occupier of the rural land in accordance with subsection (4)
4: The notice referred to in subsection (3)﻿(c)
a: details of the proposed activity to be undertaken; and
b: the proximity of the proposed activity to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement; and
c: the anticipated effect of the proposed activity on the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement and proposals to avoid, remedy, or mitigate the effect; and
d: a request for permission from the relevant iwi or hapū to undertake the proposed activity; and
e: a request for protocols or management plans in relation to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement.
5: If an activity undertaken under subsection (1)﻿(b)﻿(iii)
6: Subsection (2)
7: In this section,— culturally significant land
a: is on, or adjoins, a wāhi tapu or a site of cultural significance; or
b: is on, near, or adjoins land that has an area that is subject to a statutory acknowledgement severe weather event section 329A statutory acknowledgement wāhi tapu site of cultural significance
a: a relevant plan or proposed plan:
b: the New Zealand Archaeological Association’s site recording scheme:
c: a list maintained under section 65 or 81 of the Heritage New Zealand Pouhere Taonga Act 2014:
d: the records of the Maori Land Court as a site set apart as a Maori reservation under Part 17 of Te Ture Whenua Maori Act 1993.
331C: Requirement for owner or occupier to give notice to relevant consent authority
1: An owner or occupier of rural land who has acted under section 331B
2: Notice must be given within 60 working days after the activity begins, or such extended period that the consent authority may allow by written notice.
3: If the owner or occupier fails to comply with the specified or extended notice period in subsection (2)
331D: Duty to gather information, monitor, and keep records
Nothing in section 331B or 331C
331E: Enforcement proceedings
For the purposes of activities undertaken under section 331B
331F: Repeal of this section and sections 331A to 331E
1: This section and sections 331A to 331E section 331A
2: The repeal of section 331B section 331B(2)
3: However, subsection (2) section 331B