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-153
of members of the public to make written
submissions. 39 The Minister otherwise may
determine how Recovery Plans are to be
developed and the extent of any consultation or
public hearings, 40 taking into account, under s
19(2), the following:
“(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.”
[26] Once a Recovery Plan has been developed
and approved by the Minister following
consultation and any public meetings, the plan is
binding. Section 23 provides that a Recovery Plan
restricts the exercise of functions and powers
under the RMA in that a variety of decisions, or
recommendations, may not be made if
inconsistent with the plan. Section 27 enables the
Minister to, by public notice, suspend, amend or
revoke a range of controls within the greater
Christchurch area, including resource
management, local government, land transport
and conservation controls.
[27] Subpart 4, among other things, governs
information gathering and dissemination, the
control of building works and the power to
acquire and dispose of property. Section 53
empowers the chief executive to purchase land
and personal property in the name of the Crown.
Section 54 empowers the Minister to acquire land
compulsorily in the name of the Crown, subject
to the payment of compensation under subpt 5.
[28] Subpart 5 provides for compensation where
land is compulsorily acquired under the Act, or
39 There are special added consultation requirements for the
CBD Plan: see ss 17 and 20(1).
40 Section 19(1).
where a non-dangerous building is required to be
demolished. 41 Section 67(1) provides that:
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.
[29] Subpart 6 specifies appeal rights against a
decision of the Minister or the chief executive.
Subpart 7 provides for delegated legislation and
outlines the functions of the Canterbury
Earthquake Recovery Review Panel. Subpart 8
contains miscellaneous provisions such as those
concerning compliance orders.
Legislative history
[30] The Canterbury Earthquake Recovery Bill
was introduced on 12 April 2011 and completed
its third reading on 14 April 2011. The Bill was
introduced, and moved through the House, under
urgency. 42
[31] When introducing the Bill, the Minister for
Canterbury Earthquake Recovery, the Hon Gerry
Brownlee, described the powers vested in the
Minister and the chief executive as “necessary to
enable an effective, timely, and coordinated
recovery for greater Christchurch”. 43 According
to the Minister, the Bill “provides appropriate
measures to enable Governments to facilitate and,
if necessary, direct greater Christchurch and its
communities to respond to, and recover from, the
impacts of the two Canterbury earthquakes”. The
Minister emphasised that the timely decisions
41 Section 60. Section 41 also provides for compensation
for damage to other property caused by a negligent
demolition.
42 See (12 April 2011) 671 NZPD 17898. Given this
urgency, the Bill was not referred to a select committee
for examination. Instead, the Local Government and
Environment Committee was instructed to hear evidence
only and was not empowered to recommend amendments
to the Bill: see Local Government and Environment
Committee Hearing of evidence on the Canterbury
Earthquake Recovery Bill (14 April 2011) at 3.
43 (12 April 2011) 671 NZPD 17899.
95
Law Animated World, 15-31 March 2015