Canterbury Earthquake Recovery Bill Update
What is RSS?
Apr 2011The Labour party voted to support the Bill, but was highly critical of the lack of opportunity for the community to express their views on the Bill. The Green party voted against the Bill because they were concerned about the "wide ranging unilateral powers" that the Minister will be given under the Bill.
During the parliamentary debate on the Bill, the Government introduced Supplementary Order Paper 237 ("SOP"), which proposed a number of amendments to the Bill. These amendments do not substantially amend the Bill, however, some of the amendments do place greater safeguards on the exercise of the Minister's and the Canterbury Earthquake Recovery Authority's ("CERA") powers.
The SOP amends the Bill so that the Minister no longer has the power to approve the Recovery Strategy. The functions of the Minister are now limited to recommending to the Governor-General that the Recovery Strategy be approved. The Governor-General now has the power to approve the Recovery Strategy through an Order in Council on the recommendation of the Minister.
The SOP has amended the Bill so that there is now a requirement to undertake consultation and a public hearing if the Minister or CERA make any changes to the Recovery Strategy. Such changes are now also to be approved by the Governor-General through an Order in Council.
The SOP also amends the Bill so that there is now a requirement for the Christchurch City Council to notify the draft CBD Recovery Plan and a requirement for the Minister to publicly notify all other draft Recovery Plans
Other changes include an amendment such that if CERA demolishes a non-dangerous building in order to demolish a dangerous building, the Crown is now liable to compensate the owner of the non-dangerous building for the loss and the owner of a building who has been served with a demolition notice now has 10 working days, not 5 working days to respond to that.
The SOP has also amended the offence provisions of the Bill so that there are now defences available to a charge of failing to comply with a notice.
The Bill is now awaiting royal assent. To view a copy of the Bill and Supplementary Order Paper 237 please follow this link.
To view the Canterbury Earthquake Recovery Authority website please follow this link.
If you have any questions on these matters please contact Lauren Semple.
Prepared by Lauren Semple
