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: Court Opinion] F-151
[16] Subpart 2 sets out the functions of the
Minister and the chief executive. Among other
powers, the Minister is given the power to
suspend, amend or revoke the whole or parts of
Resource Management Act 1991 (RMA)
documents, resource consents and other
instruments applying in greater Christchurch. 23
The Minister may also give directions to councils
and council organisations, 24 compulsorily acquire
land (in accordance with subpt 4), and determine
the compensation payable for such acquisitions
and for the demolition of buildings (in
accordance with subpt 5). 25
[17] The Minister must appoint a Canterbury
Earthquake Recovery Review Panel of four
suitable persons to provide advice in relation to
delegated legislation made under the Act. 26 The
Minister must also provide quarterly reports and
an annual review to Parliament concerning the
exercise of powers under, and the operation and
effectiveness of, the Act. 27 The Minister is also
tasked with recommending for approval a
Recovery Strategy for greater Christchurch, as
well as reviewing and approving any changes to
that Strategy. 28 The Minister must also direct the
development of Recovery Plans, direct the
matters to be covered by the Recovery Plans, and
approve and review any changes of Recovery
Plans for all or part of greater Christchurch. 29
[18] The chief executive is responsible for
commissioning and disseminating information,
controlling building, demolition and removal
work, closing and restricting access to roads and
acquiring and disposing of land and property,
amongst other matters. 30 In addition, the chief
Council, and includes the coastal marine area adjacent to
these districts”.
23 Section 8(f).
24 Section 8(g)-(h).
25 Section 8(j)-(k).
26 Sections 8(l), 72, 73, 74, 75 and 76.
27 Sections 8(m), 88 and 92.
28 Section 8(b)-(c).
29 Section 8(d)-(e).
30 Section 9.
executive must develop a Recovery Strategy for
submission to the Minister and develop a
Recovery Plan if directed to do so by the
Minister. 31
[19] Section 10 makes it clear that any powers,
rights and privileges under the Act must be
exercised in accordance with the purposes of the
Act and are only to be used when it is reasonably
considered necessary to do so. Section 10 states:
“10. Powers to be exercised for purposes of this Act
(1) The Minister and the chief executive must
ensure that when they each exercise or claim
their powers, rights, and privileges under this
Act they do so in accordance with the
purposes of the Act.
(2) The Minister and the chief executive may
each exercise or claim a power, right, or
privilege under this Act where he or she
reasonably considers it necessary.
…”
[20] Subpart 3 is headed “Development and
implementation of planning instruments”. Section
11 provides that the chief executive is to develop
a draft Recovery Strategy for consideration by the
Minister. The Governor-General by Order in
Council, on the recommendation of the Minister,
may approve the strategy. The aim and content of
the Recovery Strategy is described in s 11(3):
“(3) The Recovery Strategy is an overarching,
long-term strategy for the reconstruction,
rebuilding, and recovery of greater Christchurch,
and may (without limitation) include provisions
to address –
(a) the areas where rebuilding or other
redevelopment may or may not occur, and
the possible sequencing of rebuilding or
other redevelopment:
(b) the location of existing and future
infrastructure and the possible sequencing
of repairs, rebuilding, and reconstruction:
(c) the nature of the Recovery Plans that may
need to be developed and the relationship
between the plans:
31 Section 9(a) and (c).
93
Law Animated World, 15-31 March 2015