Severe Weather Emergency Legislation Act 2023: Part 2

Severe Weather Emergency Legislation Act 2023: Part 2
Monday 27 March, 2023
We have previously described amendments to the emergency works provisions of the Resource Management Act 1991 – click here to view.
But the Severe Weather Emergency Legislation Act (the Act) also amends other legislation including the Civil Defence Emergency Management Act 2002 (CDEMA) and the Local Government Act 2002 (LGA).
CDEMA
For the period commencing on 20 March 2023 until the close of 1 June 2024 new Schedule 3 applies to the functions of Group Controllers and Recovery Managers, declarations of state of emergency, and transition periods. These temporary provisions are intended to assist recovery and improve resilience in response to recent severe weather events. While in force they replace the equivalent provisions in the CDEMA.
The Act addresses the areas of overlap between declarations of a state of national emergency and a state of local emergency and transition periods, and the related powers of Group Controllers and Recovery Managers. It provides for concurrent declarations of states of emergency and notices of transition periods to ensure emergency powers are available when needed.
LGA
Amendments to the LGA affect long-term planning and remote meeting attendance.
Long-term planning
Clause 27 of Schedule 1AA LGA requires long-term planning to exclude water services during the establishment period for water services entities being the period up to 1 July 2024. It is amended by the Act to apply to long-term planning only for plans that take effect “in any period on or after 1 July 2024” and will no longer apply to any amendment to a long-term plan. This amendment to the LGA enables local authorities to amend existing long-term plans to include matters relating to water services in order to respond to damage to water services infrastructure caused by recent severe weather events.
Remote meeting attendance
Members may attend a council or committee meeting by audio- or audio-visual link at present only if permitted to do so by the standing orders of the local authority. However, a person who is not physically present is not counted for the purpose of a quorum. The Act modifies these provisions so that during the period 12 February 2023 to 1 April 2024 a member my attend any council or committee meeting by audio- or audio-visual link regardless of whether there is any provision to do so in standing orders, or of any limitation or condition on the use of such links in standing orders. A member attending by such a link will be counted as present for the purpose of forming a quorum.
Talk to one of our experts
Related Articles

Councils challenge to transfer of water services rejected in High Court
Thursday 30 March, 2023

When the rubber hits the road - All aboard Aotearoa's challenge
Tuesday 11 October, 2022

Declarations that an Enactment Inconsistent with Bill of Rights
Tuesday 11 October, 2022

Proposed mandatory consideration of specific Māori representation
Tuesday 11 October, 2022

New Regime for Protected Disclosures (Whistleblower legislation)
Wednesday 29 June, 2022

Operative plans and proposed plans: what to do when there is a significant policy shift?
Wednesday 30 March, 2022

Notices of requirement are relevant for resource consent applications
Wednesday 30 March, 2022

Avoidance policies reign in the wake of King Salmon, but what do they require?
Wednesday 30 March, 2022

Court gives guidance on consultation and decision-making process
Wednesday 30 March, 2022

Cultural evidence and the continued draw of the overall judgment
Tuesday 21 December, 2021

Fluoridation debate lifted from shoulders of local government
Tuesday 21 December, 2021

Will new housing density rules increase contributions for developers?
Thursday 28 October, 2021

Judicial review of Hamilton City Council's development contributions policy
Tuesday 5 October, 2021

Lease of Wanaka Airport set aside due to insufficient consultation
Tuesday 15 June, 2021

What if an abatement notice requires you to breach the Resource Management Act?
Tuesday 15 June, 2021

“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley
Tuesday 15 June, 2021

From car parking fine to judicial review of a council’s code of conduct
Tuesday 15 June, 2021

Councils remain liable for compliance of contractors with the RMA
Thursday 18 March, 2021

Randerson Report released: New Direction for Resource Management
Wednesday 5 August, 2020

Could companies be liable to the public for the harm caused by their emissions?
Tuesday 10 March, 2020

Avoiding double penalties when sentencing a company and director
Thursday 23 April, 2020

Can an easement be granted over an esplanade reserve for a commercial activity?
Thursday 12 December, 2019

Draft National Policy Statement for Freshwater Management 2019 for consultation
Thursday 3 October, 2019

Local authority requiring monetary contributions on designations
Thursday 20 June, 2019

Bella Vista: MBIE Report highlights failure to perform statutory functions
Tuesday 9 April, 2019

Recent decision on "affected persons" highlights the importance of context
Wednesday 28 November, 2018

High Court finds Council liable in negligence for damage from fallen tree
Thursday 27 September, 2018

Court upholds sensible approach to local authority works on private property
Tuesday 24 July, 2018

Must Councils accept an assertion that a person is ‘suitably qualified'?
Friday 9 March, 2018
