Severe Weather Emergency Recovery Legislation Act 2023

1: Title
This Act is the Severe Weather Emergency Recovery Legislation Act 2023.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Preliminary provisions
3: Purposes
1: The principal purpose of this Act is to assist communities and local authorities affected by the severe weather events to respond to, and recover from, the impacts of the severe weather events and, in particular, to—
a: provide for the planning, rebuilding, and recovery of affected communities and persons, including—
i: the rebuilding of land, infrastructure, and other property of affected communities or of any affected persons; and
ii: the development, building, or rebuilding of land, infrastructure, or other property or access to resources or services in areas not affected by the severe weather events; and
iii: safety enhancements to, and improvements to the resilience of, that land, infrastructure, or other property; and
iv: facilitating co-ordinated efforts and processes for short-term, medium-term, and long-term recovery; and
v: facilitating the restoration and improvement of the economic, social, and cultural well-being, and enhancing the resilience, of affected communities or of any affected persons; and
vi: facilitating the restoration and resilience of the environment; and
b: provide for economic recovery.
2: This Act also has the purpose of—
a: ensuring that certain activities normally undertaken by people and agencies interacting with government agencies, Crown entities, and local authorities can continue to be undertaken after the severe weather events (whether in the same or a different way); and
b: supporting the operation of other legislation or enabling it to be relaxed or operate more flexibly, to take account of—
i: the severe weather events; or
ii: actions taken to respond to, or recover from, the severe weather events; and
c: amending other Acts to facilitate recovery from the severe weather events.
3: This Act facilitates the achievement of its purposes by providing opportunities for local Māori and local community group participation in the development of orders that affect them, without impeding a focused, timely, and expeditious recovery. 2011 No 12 s 3
4: Interpretation
1: In this Act, unless the context otherwise requires,— department legislation section 5(1) local authority
1: Auckland Council:
2: Bay of Plenty Regional Council:
3: Carterton District Council:
4: Central Hawke’s Bay District Council:
5: Far North District Council:
6: Gisborne District Council:
7: Hamilton City Council:
8: Hastings District Council:
9: Hauraki District Council:
10: Hawke’s Bay Regional Council:
11: Kaipara District Council:
12: Kawerau District Council:
13: Manawatu District Council:
14: Manawatū-Whanganui Regional Council:
15: Masterton District Council:
16: Matamata-Piako District Council:
17: Napier City Council:
18: Northland Regional Council:
19: Ōpōtiki District Council:
20: Ōtorohanga District Council:
21: Rangitikei District Council:
22: Rotorua District Council:
23: South Waikato District Council:
24: South Wairarapa District Council:
25: Tararua District Council:
26: Taupo District Council:
27: Tauranga City Council:
28: Thames-Coromandel District Council:
29: Waikato District Council:
30: Waikato Regional Council:
31: Waipa District Council:
32: Wairoa District Council:
33: Waitomo District Council:
34: Wellington Regional Council:
35: Western Bay of Plenty District Council:
36: Whakatane District Council:
37: Whangarei District Council Minister order section 7 Panel section 13 rebuilding
a: demolishing, removing, disposing of, reconstructing, altering, extending, repairing, improving, subdividing, or converting any land, infrastructure, or other property:
b: rebuilding communities recovery relevant Minister
a: in relation to any legislation (other than this Act or an instrument referred to in paragraph (b)), means the Minister who is, under the authority of any warrant or with the authority of the Prime Minister, responsible for the administration of the legislation:
b: in relation to a plan, programme, bylaw, or rule, means the Minister who is, under the authority of any warrant or with the authority of the Prime Minister, responsible for—
i: the administration of the Act under which that instrument is made; or
ii: if that instrument is made under secondary legislation, the administration of the Act under which the secondary legislation is made 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 severe weather events affected area
a: the districts or regions of the local authorities affected (whether directly or indirectly) by 1 or more severe weather events; and
b: the districts or regions of the local authorities where land, infrastructure, other property, resources, or services are required to support an area affected by 1 or more severe weather events; and
c: the parts of the coastal marine area (within the meaning of section 2(1) territorial authority section 5(1)
2: For the purposes of applying the definition of local authority,—
a: the Manawatū-Whanganui Regional Council may perform or exercise its functions and powers under this Act or any Order in Council made under this Act only in relation to those parts of the districts of the following territorial authorities that are within the boundaries of the Manawatū-Whanganui Regional Council:
i: Manawatu District Council:
ii: Rangitikei District Council:
iii: Tararua District Council:
iv: Taupo District Council:
v: Waitomo District Council:
b: the Wellington Regional Council may perform or exercise its functions and powers under this Act or any Order in Council made under this Act only in relation to those parts of the districts of the following territorial authorities that are within the boundaries of the Wellington Regional Council:
i: Carterton District Council:
ii: Masterton District Council:
iii: South Wairarapa District Council:
iv: Tararua District Council.
3: If there is more than 1 relevant Minister for an order, the references in this Act to the relevant Minister must be treated as references to those Ministers acting together (unless the context otherwise requires).
4: For the purposes of paragraph (a) of the definition of severe weather events affected area, an effect on an affected area includes circumstances where subsequent events exacerbate the damage or other effects in that area caused by 1 or more serious weather events.
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Orders in Council
7: Governor-General may make Orders in Council
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, grant exemptions from, modify, or extend any legislation, or any provisions of any legislation referred to in Schedule 2
2: An exemption from, modification of, or extension of any legislation or a provision—
a: may be absolute, or subject to terms or conditions; and
b: may be made by—
i: stating alternative means of complying with the legislation or provision:
ii: creating or substituting a discretionary power for the provision.
3: An exemption from, modification of, or extension of any legislation or a provision may be for the purposes of enabling the relaxation or suspension of legislation, or provisions in legislation, referred to in Schedule 2
a: may divert resources away from the effort to—
i: efficiently respond to the damage caused by a severe weather event:
ii: minimise further damage; or
b: may not be reasonably capable of being complied with, or complied with fully, owing to—
i: the circumstances resulting from 1 or more severe weather events:
ii: the effect of those events:
iii: work that is undertaken or needs to be undertaken to respond to or recover from those events.
4: Subsections (2) and (3) do not limit subsection (1).
5: In this Act, modify
a: in relation to legislation, includes adding provisions (including provisions that are additional):
b: in relation to a provision, includes replacing, disapplying, or suspending the provision:
c: includes dealing with a new subject matter if that is reasonably necessary in order to achieve the purposes of an order.
6: Orders in Council made under this section are secondary legislation ( see Part 3 2011 No 12 s 71 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Key restrictions on orders
8: Relevant Minister may recommend order only for 1 or more purposes of Act, etc
1: The relevant Minister must not recommend the making of an order unless—
a: the relevant Minister is satisfied that—
i: the order is necessary or desirable for 1 or more purposes of this Act (other than the matter described in section 3(3)
ii: the extent of the order is not broader (including geographically broader in application) than is reasonably necessary to address the matters that gave rise to the order; and
iii: the order does not breach section 11
iv: the order does not limit or is a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990
b: a draft of the order has been reviewed by the Panel; and
c: a draft of the order has been provided to—
i: the Committee of the House of Representatives that is responsible for the review of secondary legislation; or
ii: if Parliament has been dissolved or has expired, each leader of a political party represented in the most recent Parliament (unless a leader cannot be contacted after reasonable efforts have been made); and
d: the relevant Minister has had regard to—
i: the Panel’s recommendations on the draft order; and
ii: the comments on the draft order (if any) that are provided by the Committee or a leader referred to in paragraph (c) and that are provided within 3 working days after the date on which the draft order is first provided under paragraph (c) (or within any longer time allowed by the relevant Minister); and
e: if the order relates to the Resource Management Act 1991
i: the effects on the environment that could occur as a result of the order; and
ii: whether any adverse effects can be avoided, remedied, or mitigated; and
f: the engagement process under section 9
2: The draft order provided to the Panel and under subsection (1)﻿(c) must be accompanied by a draft of the relevant Minister’s reasons for a recommendation under subsection (1) (including why the draft order is appropriate).
3: Where a draft of the order has been subject to the process under subsection (1)﻿(b), (c), (d), (e), or (f), that paragraph applies to a subsequent draft of the order only if the relevant Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process. 2011 No 12 s 74
9: Engagement about proposal
1: For the purposes of section 8(1)﻿(f)
a: make available the document referred to in subsection (2) to—
i: the persons or representatives of persons that the relevant Minister considers appropriate (including local Māori and local community groups), given the proposed effect of the order; or
ii: the public generally; and
b: invite those persons to make written comments on the document; and
c: give those persons 3 working days from the giving of the invitation within which to make their comments to the relevant Minister (or any longer time allowed by the relevant Minister); and
d: have regard to those comments that are received within the 3-working-day period (or within the longer time allowed by the relevant Minister).
2: The document must include—
a: an explanation of what the proposed order is intended to achieve; and
b: a description of the effect of the proposed order; and
c: an explanation of why the relevant Minister considers that the order is necessary or desirable for 1 or more purposes of this Act.
3: Subsections (1) and (5) and section 8(1)﻿(f)
a: engagement is impracticable in the circumstances; or
b: the urgency of the situation requires that the order be made as soon as practicable without that engagement.
4: If subsection (3) is relied on, the relevant Minister’s reasons for relying on that subsection must be published together with the order.
5: The relevant Minister may extend the period allowed for the provision of comments under subsection (1)﻿(c) or (d) for a period specified by the relevant Minister, if the relevant Minister considers this desirable, in light of local Māori interests and local community group interests likely to be affected by the order.
10: Reasons for order
If the relevant Minister makes a recommendation under section 7
11: Further restrictions on orders
1: Despite anything else in this Act, an order must not—
a: grant an exemption from or modify a requirement to—
i: release a person from custody or detention; or
ii: have any person’s detention reviewed by a court, Judge, or Registrar; or
b: grant an exemption from or modify a restriction on keeping a person in custody or detention; or
c: grant an exemption from or modify a requirement or restriction imposed by the Bill of Rights 1688 Constitution Act 1986 Electoral Act 1993 Judicial Review Procedure Act 2016 New Zealand Bill of Rights Act 1990 Parliamentary Privilege Act 2014
d: contain any provision that has the effect of amending a provision of this Act.
2: Subsection (1)﻿(d) does not limit section 19 2011 No 12 s 71(6)
12: Orders must be kept under review
1: The relevant Minister must keep under review all orders for which they are responsible under section 7
2: For the purposes of subsection (1), the relevant Minister, in carrying out the review, must decide whether they continue to be satisfied in relation to the matters specified in section 8(1)﻿(a) 2020 No 12 s 14(5) Severe Weather Events Recovery Review Panel
13: Severe Weather Events Recovery Review Panel
1: The Minister must appoint a Severe Weather Events Recovery Review Panel of up to 12 persons who have appropriate knowledge, skills, and experience to assist the Panel to perform its functions.
2: One of the members must be a former or retired Judge of the High Court (and that member will be the convener).
3: In appointing members of the Panel, the Minister must consider appointing members with—
a: knowledge, experience, or expertise in relation to 1 or more of the following matters:
i: law (including if possible, the Māori land tenure system under Te Ture Whenua Maori Act 1993
ii: environmental protection, health protection, primary industries, biodiversity, or climate change:
iii: the following interests in the severe weather events affected areas (whether that knowledge, experience, or expertise is local, regional, or applies more widely in the severe weather events affected areas):
A: local Māori interests:
B: community interests (including rural interests):
iv: emergency management (including recovery and resilience):
b: local perspectives in the severe weather events affected areas of Māori, Māori communities, and their interests and values, including mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture), iwi, and hapū.
4: The Minister may seek nominations for appointments to the Panel from—
a: Local Government New Zealand; and
b: those Māori entities that the Minister considers have relevant knowledge of the severe weather events affected areas.
5: In this section, Māori entity
a: has the same meaning as in section 9
b: includes any entity or other body, incorporated or unincorporated, comprising or representing a collective group whose members are 1 or more of the Māori entities.
14: Matters relating to appointment
1: A member of the Panel must be appointed by notice of appointment in writing that—
a: states the date on which the appointment takes effect; and
b: states the term of the appointment.
2: If, for any reason, the convener is unable or unwilling to act in relation to a matter or class of matters,—
a: the convener may designate any other member of the Panel to act in the convener’s place; or
b: if the convener is unable or unwilling to act under paragraph (a), the Minister may designate any other member of the Panel to act in the convener’s place.
3: If a person ( A section 15
4: An appointed member vacates office if they—
a: are removed by written notice given by the Minister; or
b: resign by written notice given to the Minister.
5: The department must provide administrative support for the Panel. 2011 No 12 s 72
15: Panel may act by division
1: The convener may determine that the Panel may act in separate divisions of the Panel in relation to any matter or class of matters.
2: A division must, subject to section 14(2) and (3)
a: the convener; and
b: at least 3 other members of the Panel selected by the convener.
3: For the purposes of acting in relation to any matter or class of matters referred to a division of the Panel, the Panel consists of the division and section 16
16: Functions of Panel
1: The functions of the Panel are—
a: to review draft orders; and
b: to provide advice on request to both the Minister and the relevant Minister in relation to orders that may be required for 1 or more purposes of this Act.
2: Within 3 working days after the date on which a draft order is received for review, or within any longer time allowed by the relevant Minister, the Panel must—
a: review the draft; and
b: give the Panel’s recommendations to both the Minister and the relevant Minister.
3: A review by the Panel may be conducted in any manner that the convener thinks appropriate, including by telephone or video conference.
4: The convener has a casting vote if there are more than 2 members voting and there is an equality of votes.
5: The relevant Minister must ensure that the Panel’s recommendations on a draft order are publicly available on an Internet site.
6: The Panel’s recommendations must include the Panel’s reasons for making the recommendations.
7: The relevant Minister must, as soon as practicable after receiving the Panel’s recommendations on a draft order, present a copy of the recommendations to the House of Representatives. 2011 No 12 s 73 Further provisions about orders
17: Orders revoked on close of 31 March 2028
Every order is revoked on the close of 31 March 2028 (unless sooner revoked).
18: Validity of orders
1: An order may not be held invalid just because—
a: it is, or authorises any act or omission that is, inconsistent with any legislation referred to in Schedule 2
b: it confers any discretion on, or allows any matter to be determined or approved by, any person.
2: An order may be expressed to come into force on a day that is before, on, or after the date on which it is made, but not earlier than the first day of the earliest relevant severe weather event, and the order comes into force or, as the case may be, is deemed to have come into force accordingly.
3: An order may be retrospective only to the extent provided for in subsection (2).
4: So far as it is authorised by this Act, an order has the force of law as if it were enacted as a provision of this Act.
5: This section is subject to section 11 2011 No 12 s 75 Other orders
19: Order in Council may specify additional Acts
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify 1 or more Acts for the purposes of Schedule 2
2: The Minister may make a recommendation for an Order in Council under subsection (1) only if—
a: the Minister is satisfied that—
i: the Order in Council is necessary or desirable for 1 or more purposes of this Act; and
ii: the Order in Council does not breach section 11(1)﻿(a) to (d)
b: a draft of the Order in Council has been provided to each leader of a political party represented in the current Parliament or, if Parliament has been dissolved or has expired, the most recent Parliament (unless a leader cannot be contacted after reasonable efforts have been made); and
c: the Minister is satisfied that there is unanimous or near-unanimous support for the Order in Council from those leaders.
3: The draft order provided under subsection (2)﻿(b) must be accompanied by a draft of the Minister’s reasons for a recommendation under subsection (2) (including why the draft order is appropriate).
4: An Order in Council under section 7 section 18(2) and (3) section 7
5: Where a draft of the Order in Council has been subject to the process under subsection (2)﻿(b) or (c), that paragraph applies to a subsequent draft of the order only if the Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process.
6: Orders in Council made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
20: Order in Council to add Acts revoked if not approved by House
1: An Order in Council under section 19
2: The relevant period
a: the period of 10 sitting days of the House of Representatives after the date on which the Order in Council is made:
b: the period of 28 days after the date on which notice that the Order in Council has been made is given in the Gazette
3: An order under section 7 section 19
21: Reasons for order
If the Minister makes a recommendation under section 19
3: Amendments to other legislation
1: Amendments to Local Government Act 2002
22: Principal Act
This subpart amends the Local Government Act 2002 2023-04-13 Local Government Act 2002 Special consultative procedure
23: New sections 83B and 83C inserted
After section 83A
83B: Interpretation
1: In sections 83C, 93DA, 94A, and 95AAA 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 severe weather events affected area section 4(1)
2: This section is repealed on the close of 30 September 2023.
83C: Use of special consultative procedure during recovery from severe weather events
1: A local authority that is required, by this Act or any other legislation, to use or adopt the special consultative procedure may take the modified approach to using the special consultative procedure that is set out in this section, in a severe weather events affected area.
2: When making decisions about the timing and manner of consultation steps in the course of using the special consultative procedure, the local authority may rely on 1 or more of the modifications set out in subsection (3)
3: The modifications to the special consultative procedure are as follows:
a: the minimum period referred to in section 83(1)﻿(b)﻿(iii) is 14 days:
b: the matters set out in section 83(1)﻿(d) and (e) are highly desirable but not mandatory.
4: This section is repealed on the close of 30 September 2023. Amendment of long-term plans
24: New section 93DA inserted (Amendments to long-term plan after severe weather events)
After section 93D
93DA: Amendments to long-term plan after severe weather events
1: This section applies to a local authority using the special consultative procedure in making an amendment to the authority’s current long-term plan that applies in severe weather events affected areas.
2: Despite section 93D(4), the local authority may adopt a consultation document that does not contain a report from the Auditor-General as required by that provision if the local authority is satisfied that obtaining and including the report will prevent the authority from amending the long-term plan.
3: This section is repealed on the close of 30 September 2023.
25: New section 94A inserted (Long-term plan amended during recovery from severe weather events)
After section 94
94A: Long-term plan amended during recovery from severe weather events
1: This section applies to a long-term plan that is amended using a special consultative procedure in which the local authority adopts a consultation document of a kind authorised by section 93DA(2)
2: Despite section 94(2), the amended long-term plan is not required to contain a report by the Auditor-General of the kind required by that provision.
3: However, the amended long-term plan must contain a statement—
a: that the plan incorporates an amendment that has not been audited; and
b: that includes the reasons why the amendment was not audited.
4: The local authority must include a statement under subsection (3)
5: This section is repealed on the close of 30 September 2023.
26: New section 95AAA inserted (2023/2024 annual plan due date)
After section 95
95AAA: 2023/2024 annual plan due date
1: Section 95(3) does not apply to a local authority in a severe weather events affected area.
2: An annual plan that applies to a severe weather events affected area and that relates to the 2023/2024 financial year must be adopted before 30 September 2023.
3: This section is repealed on the close of 30 September 2023.
27: Schedule 8 amended
In Schedule 8
4A: 2023/2024 statement of intent
1: Clause 4 does not apply to a local authority in a severe weather events affected area.
2: The shareholders of a council-controlled organisation in a severe weather events affected area may, by written notice, extend a deadline specified in clause 1(2), 2, or 3 for a period or periods not exceeding in total 3 calendar months.
3: This clause is repealed on the close of 30 September 2023.
2: Amendment to Local Government (Auckland Council) Act 2009
28: Principal Act
This subpart amends the Local Government (Auckland Council) Act 2009 2023-04-13 Local Government (Auckland Council) Act 2009
29: New section 96A inserted (Timing of public meeting for shareholder feedback on 2023/2024 statement of intent)
After section 96
96A: Timing of public meeting for shareholder feedback on 2023/2024 statement of intent
1: The meeting otherwise required to be held under section 96(2)﻿(a) before 30 June 2023 to consider the 2023/2024 draft statement of intent may instead be held on any date before 30 September 2023.
2: This section is repealed on the close of 30 September 2023.
3: Amendments to Resource Management Act 1991
30: Principal Act
This subpart amends the Resource Management Act 1991 2023-04-13 Resource Management Act 1991
31: Section 329A amended (Interpretation)
1: In section 329A(1) area Tararua Manawatū, Rangitikei,
2: This section is repealed on the close of 1 October 2024.
32: Section 331B amended (Owner or occupier of rural land may take emergency preventive or remedial measures)
1: In section 331B(4)﻿(b) statutory acknowledgement or specified statutory overlay
2: In section 331B(4)﻿(c) statutory acknowledgement or specified statutory overlay
3: In section 331B(4)﻿(e) statutory acknowledgement or specified statutory overlay
4: In section 331B(7) culturally significant land is on, near, or adjoins is on or adjoins
5: In section 331B(7) culturally significant land
c: is within, is adjacent to, or directly affects the statutory overlay of ngā rohe moana and ngā rohe moana o ngā hapū o Ngāti Porou, as described in section 11 and Schedule 3 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
6: In section 331B(7) specified statutory overlay
7: In section 331B(7) wāhi tapu site of cultural significance
ca: section 11 and Schedule 3 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
4: Reporting on and repeal of this Act
Report on operation of this Act
33: Reports on operation of this Act
1: The Minister must, at least once every 6 months, present to the House of Representatives a report relating to the operation of this Act since the last report was presented (or, in the case of the first report, since the commencement of this Act).
2: The report must, for the period covered by the report, include—
a: a list of the Orders in Council made under this Act during the period; and
b: a brief description of those orders. Repeal
34: Repeal of this Act
1: Subparts 1 2
2: Section 32
3: Subpart 3 section 32
4: Sections 7 to 21 Schedule 2
5: The rest of this Act is repealed on the close of 31 March 2028. 2023-10-01 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(1) 2024-04-02 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(2) 2024-10-02 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(3) 2026-04-01 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(4) 2028-04-01 Severe Weather Emergency Recovery Legislation Act 2023