Owners of properties in Christchurch's red zones, who have
either not received a Crown Offer to purchase their land, or who
did not accept the offer that they received, have now learnt the
new process that will be followed for Crown Offers to be made to
The Canterbury Earthquake Recovery Minister, Gerry Brownlee, has
announced that a Recovery Plan will be developed by the chief
executive of the Canterbury Earthquake Recovery Authority
The Recovery Plan is a process established under the Canterbury
Earthquake Recovery Act (CER Act). The Supreme Court's decision
in the court proceedings brought by the Quake Outcasts group
indicated that a Recovery Plan was an appropriate way to make an
offer to property owners in the red zone (see our summary of that
This process will allow everyone to have a say on the Crown
Offers that will be made to owners of vacant, commercial, and
uninsured properties in the red zone. Anyone who owns land in that
part of the red zone affected by this decision should seriously
consider making a submission on the Recovery Plan.
The Government has confirmed that owners of properties in the
Port Hills red zone who are yet to receive any offer will receive
an offer, and this will not be less than the offer already made to
those in the flat land red zones. They have also confirmed that if
the Recovery Plan process results in a larger revised Crown Offer
from that which has expired, then those owners who accepted the
original offer will be eligible for a top up of their payments.
The process for making submissions on the Recovery Plan will be
released soon. The Recovery Plan is expected to be finalised and
decisions made in relation to the Crown Offer by the middle of this
year. The further delay will be disappointing to these landowners
who have already waited so long for an outcome.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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.
Be aware that most modern subdivisions now include land covenants which are registered against the titles.
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).