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

F-186 Quake Outcasts v. Minister for Canterbury Earthquake Recovery [NZ-SC: Eliyas CJ] (2015) 1 LAW
business district under the leadership of the
Christchurch City Council. 236 In the balance of
greater Christchurch the development of
Recovery Plans is a matter the Minister may
direct a “responsible entity” 237 to undertake,
following any procedure specified by the
Minister. The matters for the Plan are to be the
subject of direction by the Minister, and “may
include provision, on a site-specific or wider
geographical basis” for: 238
(a) any social, economic, cultural, or
environmental matter:
(b) any particular infrastructure, work, or
activity.
[229] In setting the procedure for the development
of a Recovery Plan, the Minister is required to
have regard to: 239
(a) the nature and scope of the Recovery Plan;
and
(b) the needs of people affected by it; and
(c) the possible funding implications and the
sources of funding; and
(d) the New Zealand Disability Strategy; and
(e) the need to act expeditiously; and
(f) the need to ensure that the Recovery Plan is
consistent with other Recovery Plans.
[230] The development and consideration of a
Recovery Plan is not subject to the provisions of
the Resource Management Act and consultation
is required in respect of the development and
consideration of a Recovery Plan only to the
extent required by the Minister in his directions
as to procedure and through notification of the
draft and the ability to provide written comments
on it. 240 The powers of the Minister to set the
procedure to be followed would permit the period
236 Section 17.
237 Defined in s 4 to mean: “the chief executive, a council, a
council organisation, a department of the Public
Service, an instrument of the Crown, a Crown entity, a
requiring authority, or a network utility operator”.
238 Section 16(2).
239 Section 19(2).
240 Section 19. Further requirements are placed upon the
Minister in relation to the CBD: s 17.
for submissions to be limited where there is a
need to act expeditiously. 241
[231] After notification in the Gazette, local
authorities and those exercising functions under
the Resource Management Act are obliged to act
consistently with the Plan. 242 Decisions made
under the Resource Management Act must not be
inconsistent with a Recovery Plan in respect of
matters identified in s 23(1) (concerning grants,
notices of requirement, transfer of resource
consents, changes and reviews of resource
consents, and review and changes to Resource
Management documents). If amendments to
Resource Management Act documents are
required to give effect to a Recovery Plan
councils must amend the relevant RMA
documents. 243 Instruments specified in s 26 of the
Act (relating to plans under the Local Government
Act 2002 and the Land Transport Management Act
2003 and strategies, policies and plans approved under
the Conservation Act 1987, the Reserves Act 1977,
the Wildlife Act 1953 and under other enactments
authorising management plans for reserves) must not
be inconsistent with a Recovery Plan.
[232] In addition to the ability to direct the
content and procedure to be followed in setting a
Recovery Strategy and Recovery Plans, the
Minister is given direct powers to intervene in
respect of a range of controls under the Resource
Management Act under s 27 of the Act and to
recommend the adoption of Orders in Council for
the purposes contained in s 3(a) to (g) of the
Act. 244 They include orders modifying,
exempting, or extending the provisions of any
enactment (defined in s 4 not only to include the
primary and delegated legislation identified in s
29 of the Interpretation Act 1999 but also to
include “any plan, programme, bylaw, or rule
made under any Act”). 245 The power to make
Orders in Council for the purpose of the Act
241 Section 19(2)(e).
242 Section 23.
243 Section 24.
244 Section 71(1).
245 Section 71(2).
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