Most Read Contributor in New Zealand, September 2016
A special fast-track procedure will be followed to have the
legislation setting up the Canterbury Earthquake Recovery Authority
(CERA) passed by Thursday.
This Brief Counsel explains the procedure and provides a brief
outline of the Bill's contents. The Bill is available
The Canterbury Earthquake Recovery Bill sets up CERA as a new
government department to be based in Christchurch and dedicated to
the task of ensuring that the city is rebuilt and restored to full
working order as expeditiously as possible.
The Bill provides CERA with the power to relax or suspend normal
regulatory procedures for purposes related to earthquake recovery.
It was introduced to the House today under urgency and will go
through its second and third readings on Thursday.
The Bill will go through a truncated select committee process
tonight in Wellington and tomorrow morning at the Addington Raceway
in Christchurch during which oral submissions will be heard from a
list of invitees drawn up by CERA Minister, Gerry Brownlee's
The powers the Bill gives the Minister (and CERA by delegation)
are wide and include the power to:
obtain information from any source needed to prepare the
recovery plan (e.g. engineering reports and demographic, property
and insurance data)
enter onto land, remove fixtures and fittings, perform work,
build or maintain structures and register an interest in those
close roads and divert traffic
order the removal and demolition of commercial (and possibly
residential) buildings both in the CBD and in the suburbs
order land to be temporarily vacated
acquire land through compulsory acquisition (with
approve certain council and organisation contracts over a
specified threshold, and
suspend, amend, revoke or delay any council plans and policies
This includes Resource Management Act documents, plans and
strategies under the Land Transport Management Act, Reserves Act,
Conservation Act and Wildlife Act and bylaws under any Act. It does
not include funding impact statements in annual and long-term plans
under the Local Government Act.
The Bill provides that the Crown will not be liable to
compensation for demolishing dangerous buildings.
Where a non-dangerous building must be demolished in order to
remove a dangerous building, the Minister will have the discretion
to compensate the owner or tenant where the loss is insured
provided the interest under the contract of insurance is assigned
to the Crown and provided that all reasonable steps have been taken
to recover payment from the insurer.
Orders in Council
The Bill also introduces a new process for the passing of Orders
The Minister will appoint a four person Canterbury Earthquake
Recovery Review Panel which will be responsible for reviewing and
reporting back to the Minister within three working days on the
appropriateness of any proposed Order. The recommendations of the
Panel must be published.
An Order is made on the recommendation of the Minister. The
Minister must take into account the purposes of the Act and the
recommendations of the Panel. The Minister's recommendation
cannot be challenged or reviewed.
A mandatory Recovery Plan is to be produced for the CBD within
nine months of the Bill's enactment. Christchurch City Council
will lead the development of this plan, including public
Local involvement in decision-making
The Minister and CERA are required by the Bill to take into
account local views by working alongside the local authorities,
Ngai Tahu, business and community interests. There will also be a
"community forum" made up of representative community
leaders and a cross-party forum of Canterbury MPs.
The information in this article is for informative purposes
only and should not be relied on as legal advice. Please contact
Chapman Tripp for advice tailored to your situation.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
An inevitable consequence of development and industrial progress is generation of waste. Therefore, efficient waste management is a matter of international concern.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).