Reprint as at 8 August 2014

Canterbury Earthquake Recovery Act 2011

Public Act2011 No 12
Date of assent18 April 2011
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Canterbury Earthquake Recovery Authority.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purposes

4 Interpretation

5 Act binds the Crown

Part 2
Functions and powers to assist recovery and rebuilding

Subpart 1Input into decision making by community and cross-party forums

6 Community forum

7 Cross-party forum

Subpart 2Minister and chief executive of CERA

8 Functions of Minister

9 Functions of chief executive

10 Powers to be exercised for purposes of this Act

Subpart 3Development and implementation of planning instruments

Recovery Strategy

11 Chief executive to develop Recovery Strategy for Minister's consideration

12 Process for developing Recovery Strategy

13 Public notification of draft Recovery Strategy

14 Changes to Recovery Strategy

15 Effect of Recovery Strategy

Recovery Plans

16 Recovery Plans generally

17 Recovery Plan for CBD

18 Relationship between Recovery Plans and Recovery Strategy

19 Development of Recovery Plans

20 Public notification of draft Recovery Plans

21 Approval of Recovery Plans

22 Changes to Recovery Plan

23 Councils not to act inconsistently with Recovery Plan on and from its notification

24 Councils to amend documents if required

25 Section 88A(1A) of Resource Management Act 1991 not to apply

26 Relationship to other instruments

Provisions affecting councils and others

27 Suspension of plan, etc

28 Council contracts that require chief executive's consent

Subpart 4Further provisions

Information gathering, reports, and investigations

29 Requiring information to be given

30 Dissemination of information

31 Commissioning reports

32 Investigations

Power of entry

33 Authorised person may enter premises

34 Exercise of power of entry

Surveys

35 Approval of cadastral survey datasets

36 New surveys

37 Disputes

Building works, etc

38 Works

39 Provisions relating to demolition or other works

40 Compensation for demolition of buildings

41 Compensation for damage to other property caused by demolition of building

42 Offences relating to works

43 Subdividing land, etc

44 Temporary buildings

45 Access to areas or buildings

46 Closing and stopping roads, etc

47 Offences relating to access and roads

Directions

48 Directions to take or stop taking action

49 Minister may require council or council organisation to perform function, etc

50 Call-in notices

51 Requiring structural survey

Provisions relating to real or personal property

52 Power to direct owner to act for benefit of adjoining or adjacent owners

53 Acquiring or disposing of property

54 Notice of intention to take land

55 Proclamation

56 Proclamation to be registered

57 Vacant possession

58 Certain land must be offered back

59 Application of Ngāi Tahu Claims Settlement Act 1998

Subpart 5Compensation under this Act

60 When this subpart applies

61 Meaning of compensation

62 Entitlement to compensation

63 Procedure for claiming compensation

64 Minister determines compensation

65 Time for making determination

66 Exercise of power unaffected by claim for compensation

67 No compensation except as provided by this Act

Subpart 6Appeal rights

68 Appeal

69 Exceptions to exclusion of appeals

70 Appeal from High Court and in some cases from Court of Appeal

Subpart 7Delegated legislation

71 Governor-General may make Orders in Council for purpose of Act

Canterbury Earthquake Recovery Review Panel

72 Canterbury Earthquake Recovery Review Panel

73 Function of Canterbury Earthquake Recovery Review Panel

74 Procedure for recommending Order in Council

75 Further provisions about Orders in Council

76 Application of Legislation Act 2012

Subpart 8Miscellaneous provisions

Compliance orders

77 Power of chief executive to order compliance

78 Service of compliance order

79 Appeal to High Court

80 Appeal to Court of Appeal

81 Offence of breaching compliance order

Other matters

82 Power of courts to extend or shorten time

83 Protection from liability

84 Actions of emergency management personnel

85 Continuation of emergency management measures

86 Civil defence emergency management not affected by this Act if further emergency occurs

87 Transfer of Crown contracts, etc

88 Quarterly report on operation of this Act

89 Repeal and savings

90 Orders in Council amended

91 Commission dissolved

92 Annual reviews of Act

93 Expiry and revocations

Schedule 1
Form

Schedule 2
Orders in Council amended

Reprint notes


The Parliament of New Zealand enacts as follows: