Canterbury Earthquake Recovery Act 2011

  • repealed
  • Canterbury Earthquake Recovery Act 2011: repealed, on 19 April 2016, by section 146(1) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Provisions affecting councils and others

27 Suspension of plan, etc

(1)

The Minister may, by public notice, suspend, amend, or revoke the whole or any part of the following, so far as they relate to any area within greater Christchurch:

(a)

an RMA document:

(b)

a plan or policy of a council under the Local Government Act 2002, except a funding impact statement in an annual plan or a long-term plan:

(c)

a regional land transport plan under the Land Transport Management Act 2003:

(d)

all or any of the following:

(i)

general policies approved under section 17B of the Conservation Act 1987 and general policies approved under section 15A of the Reserves Act 1977:

(ii)

conservation management strategies approved under section 17F of the Conservation Act 1987 and section 40A of the Reserves Act 1977:

(iii)

conservation management plans approved under section 17G of the Conservation Act 1987 and conservation management plans approved under section 40B of the Reserves Act 1977:

(iv)

management plans approved under section 41 of the Reserves Act 1977:

(v)

conservation management plans approved under section 14E of the Wildlife Act 1953:

(vi)

any other management plan for a reserve under any other enactment:

(e)

a bylaw made under any Act.

(2)

The Minister may, by public notice, suspend or cancel, in whole or in part, any of the following for an activity within greater Christchurch:

(a)

any resource consent:

(b)

any use protected or allowed under section 10, 10A, or 10B of the Resource Management Act 1991:

(c)

any certificate of compliance under that Act.

(3)

The Minister must, if practicable, notify persons directly affected by action taken under subsection (2) by giving them an appropriate written notice.

(4)

The Minister may, by public notice,—

(a)

revoke any changes or variations approved to a plan under the Conservation Act 1987, the Land Transport Management Act 2003, the Local Government Act 2002, the Reserves Act 1977, or the Wildlife Act 1953; or

(b)

impose a moratorium on further changes or variations for a specified period.

(5)

If a resource consent is cancelled or revoked, in whole or in part, under this section and the chief executive at his or her discretion so directs,—

(a)

the person who held the resource consent remains liable for the performance of any conditions under the consent; and

(b)

the whole or part of any bond paid under section 108 of the Resource Management Act 1991 must be retained.

(6)

The Minister may, by public notice, vary or revoke a notice given under subsection (1), (2), or (4).

(7)

No compensation is payable under this Act in respect of any action taken under this section.

Section 27(1)(c): replaced, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).