Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

F-160 Quake Outcasts v. Minister for Canterbury Earthquake Recovery [NZ-SC: Court Opinion] (2015) 1 LAW
Earthquake Recovery Authority and the
Earthquake Commission”. 94 The Finance and
Expenditure Committee’s report stated: 95
Some of us are concerned that the decision to
zone land into different categories was
undertaken with insufficient consultation, was
not based on clear criteria, and has proved
divisive of communities.
[63] The report went on to say: 96
Some of us are concerned about a lack of
engagement with the public over these zoning
decisions, which affect the future of entire
communities. In contrast with normal council
processes, which would involve advertising and
public submissions, information flows had been
confusing and poorly managed.
Recovery Strategy
[64] After the June 2011 decisions, community
workshops were organised by CERA seeking
public comment on a Recovery Strategy for
greater Christchurch. The draft Recovery Strategy
was made available for public viewing, comment
and consultation from 10 September 2011 to 31
October 2011. The completed Recovery Strategy
came into effect on 1 June 2012. 97
94 Finance and Expenditure Committee 2010/11 financial
review of the Canterbury Earthquake Recovery Authority
and the Earthquake Commission (29 March 2012). At 4.
95 At 4.
96 At 5. As is recorded in the transcript of evidence in the
appendix to the report, the Hon Lianne Dalziel put the
lack of consultation to the then chief executive of CERA.
She said “The reason I wanted to kind of clarify the legal
status of the land decisions is that if the city council is
doing a plan change or a zoning change they would
advertise it publicly, people would be able to make
submissions, and there would be true engagement. But
this has just been announced at press conferences —
bang, a community’s gone”. Ms Dalziel’s overall point
appears to have been that there had been effective
compulsion in an allegedly voluntary process. The chief
executive responded by saying “Well, all I can say is that
at the moment people wanted us to make them an offer,
because a lot of people wanted to go”: at 38.
97 The “Recovery Strategy for Greater Christchurch” was
approved by the Governor-General by Order in Council
(Canterbury Earthquake (Recovery Strategy Approval) Order
[65] The completed Recovery Strategy expressly
acknowledged that, while it was envisaged when
the Canterbury Earthquake Recovery Act was
passed that the Recovery Strategy might have
addressed the areas where rebuilding or other
redevelopment may or may not occur, the
Strategy had not been able to address that issue. 98
The reason for this given in the Recovery
Strategy was because: 99
It is ... a huge and complex task to make
decisions about land zoning and the location and
timing of rebuilding. Similarly, it is not yet clear
whether Recovery Plans – which are statutory
documents with the power to overwrite a range
of planning instruments – will be the most
appropriate and effective way to provide
direction.
[66] While the draft Recovery Strategy that was
released on 10 September 2011 had made no
mention of the future use of the red zone, the
finalised Recovery Strategy stated the
following: 100
Residential red zone land clearance is overseeing
the clearance of residential red zone properties
and the return of the land to open space. It
consists of three stages over two to three years.
The first stage is to remove built structures and
services. The second will involve larger-scale
land clearance and grassing. The final stage will
be to liaise with utility providers to remove
public infrastructure no longer needed. After
that, Land Information New Zealand will
manage the open space.
[67] To help achieve the outcomes of the
Recovery Strategy, a Land Use Recovery Plan
was directed to be created by the Minister to
provide “direction for residential and business
land use development to support recovery and
2012). The Order in Council was notified in the New
Zealand Gazette: “Canterbury Earthquake (Recovery
Strategy Approval) Order 2012” (31 May 2012) 61 New
Zealand Gazette 1745.
98 CERA “Recovery Strategy for Greater Christchurch”
(June 2012) [Christchurch Recovery Strategy] at 2.
99 At 2.
100 At 40.
Law Animated World, 15-31 March 2015 102