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

(2015) 1 LAW Quake Outcasts v. Minister for Canterbury Earthquake Recovery [NZ-SC: Eliyas CJ] F-187
includes the power to grant exemptions from,
modification and extensions of enactments in
particular under the Building Act 2004, the
Resource Management Act, the Earthquake
Commission Act, the Health Act 1956, the Local
Government Acts, the Public Works Act 1981
and the Rating Valuations Act 1998. 246
[233] The powers conferred include those to
suspend, amend or revoke Resource Management
plans, bylaws and other instruments and to cancel
or suspend resource consents, existing use rights,
and certificates of compliance. 247 In addition,
under ss 48–50 of the Act, powers are conferred
upon the Minister to give directions to councils to
take or stop any action, and as to the performance
of any functions or the exercise of any powers. In
the event of non-compliance, the Minister can
call-in and exercise any of the powers of
councils.
[234] No obligations of consultation are imposed
on the Minister in connection with these powers,
although they must be exercised in conformity
with s 10 and therefore the s 3 purposes of the
Act which include enabling “community
participation in the planning of the recovery of
affected communities without impeding a
focused, timely, and expedited recovery”.
[235] Although the powers conferred on the
Minister may impact adversely on individual
property owners (for example, in overriding
existing use rights), s 67 makes it clear that, apart
from specific provision for compensation in the
Act for compulsory acquisition of property or
arising out of the demolition of dangerous
buildings, nothing in the Act “confers any right to
compensation or is to be relied on in any
proceedings as a basis for any claim to
compensation”. Section 67 also excludes the
application of the compensation provisions in s
185 of the Resource Management Act in relation
to any matter to which subpart 5 applies.
246 Section 71(3).
247 Section 27(1) and (2).
[236] No doubt because of the extent of the
powers conferred (which permitted orders with
retrospective effect to the date of the 4 September
2010 earthquake, gave such orders the force of
law as if enacted as part of the Act, and which
prevented the recommendation of the Minister
being challenged or called into question in any
court), 248 the Act provides for review of proposed
orders by a panel of experts, including a former
or retired judge of the High Court or lawyer, as
well as envisaging Parliamentary oversight, both
general and as enhanced by the Act. 249
[237] The chief executive of the Authority has
powers under the legislation to collect and
disseminate information. Under s 53 the chief
executive may purchase any land or personal
property in the name of the Crown. In addition,
the chief executive has powers of compulsory
acquisition under ss 54–58, with consequential
rights to compensation under ss 60–67. But there
is no general right to compensation by the Crown
arising out of earthquake damage and the exercise
of powers under the Act, as s 67 makes clear. 250
[238] The Minister is required to report quarterly
on the operation of the Act. 251 The Minister must
also present an annual report on the operation and
effectiveness of the Act every 12 months. 252
Background to the offers
[239] By June 2011 the rebuilding of Christchurch
seemed stalled. Significant earthquakes were still
occurring. Decisions on insurance, building
248 Sections 74 and 75.
249 See ss 72-76 (Review Panel); and s 7 (Cross-party
forum).
250 “67 No compensation except as provided by this Act
(1) Nothing in this Act, apart from this subpart or
section 40 or 41, confers any right to
compensation or is to be relied on in any
proceedings as a basis for any claim to
compensation.
(2) Nothing in section 185 of the Resource
Management Act 1991 applies in relation to any
matter to which this subpart applies.”
251 Section 88.
252 Section 92.
129
Law Animated World, 15-31 March 2015