States of Emergency and Transition Periods
A state of local emergency allows Civil Defence Emergency Management Groups to access emergency powers they would not normally have. A transition period enables a seamless transition from the emergency response phase to the recovery stage. Learn about states of emergency and transition periods.
States of Emergency
The Act provides for local authority delegated representatives, Mayors, or the Minister, to declare a state of local emergency. The Minister also may declare a state of national emergency. Declared emergencies have a maximum duration of seven days. They may be extended (for up to another seven days) or terminated at any time.
Emergency powers under the CDEM Act 2002 enable CDEM Groups and controllers to, among other things:
- close or restrict access to roads or public places
- remove or secure dangerous structures and materials
- provide rescue, first aid, food, shelter etc.
- conserve essential supplies & regulate traffic
- dispose of dead persons and animals
- enter onto premises e.g. to rescue people or save lives
- evacuate premises/places
- remove vehicles, vessels etc.
- requisition equipment, materials and assistance.
A state of emergency will only be declared if the emergency powers are likely to be needed or a significant and coordinated response may be required. Not all emergencies have a state of emergency declared.
Find a list of previously declared states of emergency.
A factsheet and quick guide have been produced to assist with the interpretation of the statutory requirements as they currently stand.
Factsheet: Declaring a State of Local Emergency (.pdf 794kb)
Quick guide: Declaring a State of Local Emergency (.pdf 178kb)
Transition periods
The CDEM Act provides for CDEM Groups to give notice of a transition period following an emergency, whether a state of local emergency has been declared or not. The purpose of the transition period is to aid recovery by providing powers to manage, co-ordinate, or direct recovery activities.
Local transition periods have a maximum duration of 28 days. They may be extended (for up to another 28 days) or terminated at any time.
Under the Act the Group Recovery Manager – NOT the CDEM Group - has access to the powers contained in Part 5B. The CDEM Group retains overarching responsibility for the conduct of the Group Recovery Manager through their appointment.
Powers can only be used if they meet three legal tests. The action must in the Recovery Managers opinion be `in the public interest’, ‘necessary or desirable to ensure a timely and effective recovery’ AND ‘proportionate in the circumstances’ (s94G(3)).
Find a list of previous transition periods.
A factsheet and quick guide have been produced to assist with the interpretation of the statutory requirements as they currently stand.
Factsheet: Giving notice of a Local Transition Period