The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of the Prime Minister and Cabinet.

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purposes
4	Interpretation
5	Transitional, savings, and related provisions
6	Act binds the Crown
	Part 2 Orders in Council [Repealed]
7	Governor-General may make Orders in Council [Repealed]
	Key restrictions on orders [Repealed]
8	Relevant Minister may recommend order only for 1 or more purposes of Act, etc [Repealed]
9	Engagement about proposal [Repealed]
10	Reasons for order [Repealed]
11	Further restrictions on orders [Repealed]
12	Orders must be kept under review [Repealed]
	Severe Weather Events Recovery Review Panel [Repealed]
13	Severe Weather Events Recovery Review Panel [Repealed]
14	Matters relating to appointment [Repealed]
15	Panel may act by division [Repealed]
16	Functions of Panel [Repealed]
	Further provisions about orders [Repealed]
17	Orders revoked on close of 31 March 2028 [Repealed]
18	Validity of orders [Repealed]
	Other orders [Repealed]
19	Order in Council may specify additional Acts [Repealed]
20	Order in Council to add Acts revoked if not approved by House [Repealed]
21	Reasons for order [Repealed]
	Part 3 Amendments to other legislation [Repealed]
	Subpart 1—Amendments to Local Government Act 2002 [Repealed]
22	Principal Act [Repealed]
	Special consultative procedure [Repealed]
23	New sections 83B and 83C inserted [Repealed]
	Amendment of long-term plans [Repealed]
24	New section 93DA inserted (Amendments to long-term plan after severe weather events) [Repealed]
25	New section 94A inserted (Long-term plan amended during recovery from severe weather events) [Repealed]
26	New section 95AAA inserted (2023/2024 annual plan due date) [Repealed]
27	Schedule 8 amended [Repealed]
	Subpart 2—Amendment to Local Government (Auckland Council) Act 2009 [Repealed]
28	Principal Act [Repealed]
29	New section 96A inserted (Timing of public meeting for shareholder feedback on 2023/2024 statement of intent) [Repealed]
	Subpart 3—Amendments to Resource Management Act 1991 [Repealed]
30	Principal Act [Repealed]
31	Section 329A amended (Interpretation) [Repealed]
32	Section 331B amended (Owner or occupier of rural land may take emergency preventive or remedial measures) [Repealed]
	Part 4 Reporting on and repeal of this Act
	Report on operation of this Act
33	Reports on operation of this Act
	Repeal
34	Repeal of this Act
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Enactments to which order may relate [Repealed]
	Notes

The Parliament of New Zealand enacts as follows:

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.

Part 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.

Compare: 2011 No 12 s 3

4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

department means the department that, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

legislation has the same meaning as in section 5(1) of the Legislation Act 2019, and includes any plan, programme, bylaw, or rule made under any Act or secondary legislation

local authority means, subject to subsection (2), any of the following local authorities:

(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 means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

order means an Order in Council made under section 7

Panel means the Severe Weather Events Recovery Review Panel established under section 13

rebuilding includes—

(a)

demolishing, removing, disposing of, reconstructing, altering, extending, repairing, improving, subdividing, or converting any land, infrastructure, or other property:

(b)

rebuilding communities

recovery means the co-ordinated efforts and processes used to bring about the immediate, medium-term, and long-term holistic regeneration and enhancement of a community following an emergency

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 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

severe weather events affected area means—

(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) of the Resource Management Act 1991) that are part of, or adjacent to, those districts and regions

territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002.

(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 have effect according to their terms.

6 Act binds the Crown

This Act binds the Crown.

Part 2 Orders in Council

[Repealed]

Part 2: repealed, on the close of 31 March 2026, pursuant to section 34(4).

7 Governor-General may make Orders in Council

[Repealed]

Section 7: repealed, on the close of 31 March 2026, by section 34(4).

Key restrictions on orders[Repealed]

Heading: repealed, on the close of 31 March 2026, pursuant to section 34(4).

8 Relevant Minister may recommend order only for 1 or more purposes of Act, etc

[Repealed]

Section 8: repealed, on the close of 31 March 2026, by section 34(4).

9 Engagement about proposal

[Repealed]

Section 9: repealed, on the close of 31 March 2026, by section 34(4).

10 Reasons for order

[Repealed]

Section 10: repealed, on the close of 31 March 2026, by section 34(4).

11 Further restrictions on orders

[Repealed]

Section 11: repealed, on the close of 31 March 2026, by section 34(4).

12 Orders must be kept under review

[Repealed]

Section 12: repealed, on the close of 31 March 2026, by section 34(4).

Severe Weather Events Recovery Review Panel[Repealed]

Heading: repealed, on the close of 31 March 2026, pursuant to section 34(4).

13 Severe Weather Events Recovery Review Panel

[Repealed]

Section 13: repealed, on the close of 31 March 2026, by section 34(4).

14 Matters relating to appointment

[Repealed]

Section 14: repealed, on the close of 31 March 2026, by section 34(4).

15 Panel may act by division

[Repealed]

Section 15: repealed, on the close of 31 March 2026, by section 34(4).

16 Functions of Panel

[Repealed]

Section 16: repealed, on the close of 31 March 2026, by section 34(4).

Further provisions about orders[Repealed]

Heading: repealed, on the close of 31 March 2026, pursuant to section 34(4).

17 Orders revoked on close of 31 March 2028

[Repealed]

Section 17: repealed, on the close of 31 March 2026, by section 34(4).

18 Validity of orders

[Repealed]

Section 18: repealed, on the close of 31 March 2026, by section 34(4).

Other orders[Repealed]

Heading: repealed, on the close of 31 March 2026, pursuant to section 34(4).

19 Order in Council may specify additional Acts

[Repealed]

Section 19: repealed, on the close of 31 March 2026, by section 34(4).

20 Order in Council to add Acts revoked if not approved by House

[Repealed]

Section 20: repealed, on the close of 31 March 2026, by section 34(4).

21 Reasons for order

[Repealed]

Section 21: repealed, on the close of 31 March 2026, by section 34(4).

Part 3 Amendments to other legislation

[Repealed]

Part 3: repealed, on the close of 1 October 2024, pursuant to section 34(3).

Subpart 1—Amendments to Local Government Act 2002

[Repealed]

Subpart 1: repealed, on the close of 30 September 2023, by section 34(1).

22 Principal Act

[Repealed]

Section 22: repealed, on the close of 30 September 2023, by section 34(1).

Special consultative procedure[Repealed]

Heading: repealed, on the close of 30 September 2023, by section 34(1).

23 New sections 83B and 83C inserted

[Repealed]

Section 23: repealed, on the close of 30 September 2023, by section 34(1).

Amendment of long-term plans[Repealed]

Heading: repealed, on the close of 30 September 2023, by section 34(1).

24 New section 93DA inserted (Amendments to long-term plan after severe weather events)

[Repealed]

Section 24: repealed, on the close of 30 September 2023, by section 34(1).

25 New section 94A inserted (Long-term plan amended during recovery from severe weather events)

[Repealed]

Section 25: repealed, on the close of 30 September 2023, by section 34(1).

26 New section 95AAA inserted (2023/2024 annual plan due date)

[Repealed]

Section 26: repealed, on the close of 30 September 2023, by section 34(1).

27 Schedule 8 amended

[Repealed]

Section 27: repealed, on the close of 30 September 2023, by section 34(1).

Subpart 2—Amendment to Local Government (Auckland Council) Act 2009

[Repealed]

Subpart 2: repealed, on the close of 30 September 2023, by section 34(1).

28 Principal Act

[Repealed]

Section 28: repealed, on the close of 30 September 2023, by section 34(1).

29 New section 96A inserted (Timing of public meeting for shareholder feedback on 2023/2024 statement of intent)

[Repealed]

Section 29: repealed, on the close of 30 September 2023, by section 34(1).

Subpart 3—Amendments to Resource Management Act 1991

[Repealed]

Subpart 3: repealed, on the close of 1 October 2024, by section 34(3).

30 Principal Act

[Repealed]

Section 30: repealed, on the close of 1 October 2024, by section 34(3).

31 Section 329A amended (Interpretation)

[Repealed]

Section 31: repealed, on the close of 1 October 2024, by section 34(3).

32 Section 331B amended (Owner or occupier of rural land may take emergency preventive or remedial measures)

[Repealed]

Section 32: repealed, on the close of 1 April 2024, by section 34(2).

Part 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 and 2 of Part 3 are repealed on the close of 30 September 2023.

(2)

Section 32 is repealed on the close of 1 April 2024.

(3)

Subpart 3 of Part 3 (other than section 32) is repealed on the close of 1 October 2024.

(4)

Sections 7 to 21 and Schedule 2 are repealed on the close of 31 March 2026.

(5)

The rest of this Act is repealed on the close of 31 March 2028.

Schedule 1 Transitional, savings, and related provisions

s 5

Part 1 Provisions relating to this Act as enacted

1 Order not invalid by reason of pre-commencement consultation or engagement

An order is not invalid because any requirements under this Act relating to engagement, consultation with any person or body, or the appointment of members of the Panel occurred before this Act received the Royal assent.

2 Orders continue in force

(1)

This clause applies to an order that is in force immediately before the close of 31 March 2026.

(2)

The order continues in force until the close of 31 March 2028 despite the repeal of section 7 (unless it is sooner revoked).

(3)

The order may be amended or revoked after the repeal of sections 7 to 21 and Schedule 2 as if those provisions had not been repealed.

Schedule 2 Enactments to which order may relate

[Repealed]

s 7

Schedule 2: repealed, on the close of 31 March 2026, by section 34(4).

Notes

1 General

This is a consolidation of the Severe Weather Emergency Recovery Legislation Act 2023 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Severe Weather Emergency Recovery Legislation Act 2023 (2023 No 17): section 34

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