In the last decade, the number of states of emergency declared in New Zealand has nearly quadrupled. From the power to requisition a digger to forcing evacuations, InDepth reporter Mava Moayyed explains what these extraordinary powers mean and who gets to use them.
If it feels like "State of Emergency" is a phrase appearing in your news feed more often, it isn’t just your imagination.
It’s used only when a disaster risks overwhelming our everyday emergency services and, since extreme weather events are increasing, we are reaching that threshold on a more regular basis.
In the decade between 2004 and 2014, New Zealand declared just 17 states of emergency in total. In the decade since, that number has nearly quadrupled to almost 60.
When a state of emergency is signed, it functions as a legal mechanism that changes how the country runs for a short time.
What is a state of emergency?
Think of it as a temporary licence for authorities to bypass the usual red tape.
Normally, a council or emergency service cannot come into your home or force you to leave without a lengthy legal process. However, a State of Emergency grants officials extraordinary powers.
Authorities gain the legal right to evacuate any building or place, enter any property to prevent a threat to life, and close roads and public spaces instantly.
They can also requisition equipment so if a council needs a private contractor’s digger to clear a landslide and save a road, they can legally take the keys (with compensation paid later).
Who triggers a state of emergency?
The "scale" of the event determines who makes the call. Local states of emergency, covering just a city or region, are the most common and are usually declared by a mayor. If the mayor isn't available, a designated deputy or a group of elected representatives can do it.
A National State of Emergency is rare. In New Zealand’s history, it has only happened three times: after the 2011 Christchurch earthquake, the Covid-19 pandemic, and Cyclone Gabrielle. Only the Minister for Emergency Management can make this call, and only when a disaster is so vast that local councils cannot cope on their own.
How long does it last?
By law, a State of Emergency expires automatically after seven days but it is often “turned off” much sooner. In fact, the median length of a declaration in New Zealand is just two days.
However, if it’s a big event and the situation remains dire, they can be extended one week at a time. The record for the longest declaration is 66 days following the 2011 Christchurch earthquake.
Do councils get extra funding?
A common misconception is that a State of Emergency "unlocks" a vault of government cash.
In reality, government funding for disasters is based on the damage on the ground, not the declaration itself. But they can happen at the same time because if an event is big enough to trigger a State of Emergency, it is usually big enough to require government funding support.
Could a state of emergency affect the upcoming election?
With a general election approaching, the question of "what happens if disaster strikes on polling day" is worth considering.
Whether or not a State of Emergency is in place, the Chief Electoral Officer has the power to manage disruptive events. This includes the ability to adjourn voting or provide alternative ways to vote to ensure that even in a crisis, the law doesn't get in the way of safety or democracy.
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