Coat of Arms of New Zealand

Greater Christchurch Regeneration Act 2016

Public Act
 
2016 No 14
Date of assent
 
7 April 2016
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purposes
4Interpretation
5Transitional, savings, and related provisions
6Act binds the Crown
7Application of Ngāi Tahu Claims Settlement Act 1998
8Geographical application of Act
9Effect of Plans on exercise of powers under Act
10Effect of Act on other powers
11Conditions applying to exercise of powers by Minister or chief executive
12Overview
13Interpretation in this subpart
14Who may be proponent
15Application of provisions of this subpart to Plans
16Parties must respond promptly
17Section 32 and Schedule 1 of Resource Management Act 1991 not to apply
18Additional ground for rejecting request for change to RMA document
19Outline for Plan or amendment relating to greater Christchurch
20Proponent must seek views and finalise outline
21Minister may approve outline for Plan or amendment
22Proponent may modify outline for Plan or amendment if outline declined
23Development of draft Plan or amendment
24Proponent must notify draft Plan or amendment and invite comment
25Proponent must finalise and submit draft Plan or amendment
26Approval of Plan or amendment relating to greater Christchurch
27Proponent may modify draft Plan or amendment
28Outline for Plan or amendment relating to Christchurch district
29Proponent must seek views and finalise outline
30Regenerate Christchurch must review outline and may recommend outline to Minister
31Minister must approve outline for Plan or amendment if conditions in section 11 are met
32Proponent may modify outline for Plan or amendment if outline declined
33Development of draft Plan or amendment
34Regenerate Christchurch must notify draft Plan or amendment and invite comment
35Proponent must finalise and submit draft Plan or amendment
36Regenerate Christchurch must review draft Plan or amendment
37Regenerate Christchurch must provide recommendation to Minister
38Approval of Plan or amendment relating to Christchurch district
39Proponent may modify draft Plan or amendment
40Minor amendments
41Outline for revocation of Plan relating to greater Christchurch
42Proponent must seek views and finalise outline
43Minister may approve outline for revocation
44Proponent may modify outline for revocation if outline declined
45Development of proposed revocation
46Proponent must finalise and submit proposed revocation
47Approval of revocation of Plan relating to greater Christchurch
48Minister must provide reasons for declining proposed revocation
49Outline for revocation of Plan relating to Christchurch district
50Proponent must seek views and finalise outline
51Regenerate Christchurch must review outline and may recommend outline to Minister
52Minister must approve outline for revocation if conditions in section 11 are met
53Proponent may modify outline for revocation if outline declined
54Development of proposed revocation
55Proponent must finalise and submit proposed revocation
56Regenerate Christchurch must review proposed revocation
57Regenerate Christchurch must provide recommendation to Minister
58Approval of revocation of Plan relating to Christchurch district
59Minister must provide reasons for declining proposed revocation
60Councils, etc, not to act inconsistently with Plan
61Councils to amend documents if required
62Section 88A(1A) of Resource Management Act 1991 not to apply
63Relationship to other instruments
64Status of Plans under Legislation Act 2012
65Proposal for exercise of power in section 71
66Proponent must seek views and finalise proposal
67Minister may decide to proceed with proposal
68Minister must invite public comment
69Approval of proposal for exercise of power
70Minister must provide reasons for declining proposal to exercise power
71Minister may suspend, amend, or revoke RMA document, council plan, etc
72Contents of notice under section 71
73Status of notice under Legislation Act 2012
74Approval of cadastral survey datasets
75New surveys
76Disputes
77Works
78First notice requirement for work carried out on private land
79Additional requirements for demolition work carried out under section 77
80Second notice requirement for work carried out on private land
81Chief executive may apply to High Court for order that owner or occupier vacate land or building
82Authorised persons may enter private land to carry out work under section 77
83Compensation for demolition of buildings
84Compensation for damage to other property caused by demolition of building
85Temporary buildings
86Access to areas or buildings
87Prohibiting and restricting public access, closing and stopping roads, etc
88Offences relating to access and roads
89Power to direct owner to act for benefit of adjoining or adjacent owners
90Offence to fail to comply with direction
91Acquisition and other dealing with property
92Declarations by Minister concerning land
93Subdividing land, etc
94Amalgamation of land
95Minister must consult Minister of Conservation in certain cases
96Notice of intention to vest land in the Crown
97Effect of notice of intention to vest land in the Crown
98Notice of intention to amalgamate land
99Effect of notice of intention to amalgamate land
100Minister may publish vesting notice and amalgamation notice together
101Notice to be registered
102Preconditions to exercise of power in sections 103 to 106
103Notice of intention to take land
104Proclamation
105Proclamation to be registered
106Vacant possession
107Disposal of land
108Certain land to be disposed of under section 107 subject to offer back provisions in Public Works Act 1981
109Certain compulsorily acquired land to be disposed of under section 107 must be offered back
110When this subpart applies
111Meaning of compensation
112Entitlement to compensation
113Procedure for claiming compensation
114Minister determines compensation
115Time for making determination
116Exercise of power unaffected by claim for compensation
117No compensation except as provided by this Act
118Appeal
119Exceptions to exclusion of appeals
120Appeal from High Court and in some cases from Court of Appeal
121Establishment and status of Regenerate Christchurch
122Purpose and objectives of Regenerate Christchurch
123Functions of Regenerate Christchurch
124Powers of Regenerate Christchurch
125Area of Regenerate Christchurch
126Board’s role
127Membership of board
128Chairperson of board
129Further provisions relating to Regenerate Christchurch
130Role of Christchurch City Council and Minister
131Letter of expectations
132Direction to amend statement of intent or statement of performance expectations
133Acts done before commencement
134Successor organisation
135Regenerate Christchurch’s income exempt from income tax
136Application of certain Acts
137Interpretation in this subpart
138Regenerate Christchurch may transfer assets and liabilities
139Notice of transfer
140Residual assets and liabilities transferred to successor organisation
141Transfer of Crown agreements, etc
142Transfer of Crown assets, liabilities, and land to Ōtākaro Limited
143Transfer of designations to Ōtākaro Limited
144Transfer does not affect rights, etc
145Protection from liability
146Repeal, revocations, and validation
147Continuation, amendment, and validation of certain Orders in Council
148Power to revoke Orders in Council continued by section 147
149Application of Legislation Act 2012
150Annual review of Act
151Repeal of this Act and revocations
152Consequential amendments and revocation
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Greater Christchurch Regeneration Act 2016.

2 Commencement

(1)

This Act comes into force on 19 April 2016.

(2)

However, Part 1 and subparts 5 and 6 of Part 2 come into force on the day after the date on which this Act receives the Royal assent.

Part 1 Preliminary provisions

3 Purposes

(1)

This Act supports the regeneration of greater Christchurch through the following purposes:

(a)

enabling a focused and expedited regeneration process:

(b)

facilitating the ongoing planning and regeneration of greater Christchurch:

(c)

enabling community input into decisions on the exercise of powers under section 71 and the development of Regeneration Plans:

(d)

recognising the local leadership of Canterbury Regional Council, Christchurch City Council, Regenerate Christchurch, Selwyn District Council, Te Rūnanga o Ngāi Tahu, and Waimakariri District Council and providing them with a role in decision making under this Act:

(e)

enabling the Crown to efficiently and effectively manage, hold, and dispose of land acquired by the Crown under the Canterbury Earthquake Recovery Act 2011 or this Act.

(2)

In this Act,—

regeneration means—

(a)

rebuilding, in response to the Canterbury earthquakes or otherwise, including—

(i)

extending, repairing, improving, subdividing, or converting land:

(ii)

extending, repairing, improving, converting, or removing infrastructure, buildings, and other property:

(b)

improving the environmental, economic, social, and cultural well-being, and the resilience, of communities through—

(i)

urban renewal and development:

(ii)

restoration and enhancement (including residual recovery activity)

urban renewal means the revitalisation or improvement of an urban area, and includes—

(a)

rebuilding:

(b)

the provision and enhancement of community facilities and public open space.

Compare: 2011 No 12 s 3

4 Interpretation

In this Act, unless the context otherwise requires,—

agreement includes any contract, arrangement, or understanding

chief executive, in relation to a provision of this Act, means the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of that provision

Christchurch central city means the area bounded by Bealey Avenue, Fitzgerald Avenue, Moorhouse Avenue, Deans Avenue, and Harper Avenue

Christchurch district means the district of Christchurch City Council

council means Canterbury Regional Council, Christchurch City Council, Selwyn District Council, or Waimakariri District Council

council organisation has the same meaning as in section 6 of the Local Government Act 2002

dangerous building means a building that is a dangerous building within the meaning of section 121 of the Building Act 2004 or an earthquake-prone building within the meaning of section 122 of that Act

enactment has the same meaning as in section 29 of the Interpretation Act 1999 and includes any plan, programme, bylaw, or rule made under any Act

greater Christchurch means the area described in clause 1 of Schedule 2

Hagley Park Management Plan means the management plan adopted for Hagley Park in 2007 under the Reserves Act 1977

heritage protection authority has the same meaning as in section 187 of the Resource Management Act 1991

land includes an interest in land

Lyttelton Port Recovery Plan means the Lyttelton Port Recovery Plan notified in the Gazette on 19 November 2015, 2015-go6780

Minister means, in relation to any provision of this Act, the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of that provision

Plan means a Regeneration Plan or a Recovery Plan, as relevant

Recovery Plan

(a)

means the following Recovery Plans approved under section 21(2) of the Canterbury Earthquake Recovery Act 2011:

(i)

Christchurch Central Recovery Plan notified in the Gazette on 31 July 2012, at p 2511:

(ii)

Land Use Recovery Plan notified in the Gazette on 6 December 2013, at p 4517:

(iii)

Residential Red Zone Offer Recovery Plan notified in the Gazette on 23 April 2015, 2015-go4483:

(iv)

Lyttelton Port Recovery Plan:

(b)

includes, on and from its notification in the Gazette in accordance with clause 4 of Schedule 1, the Waimakariri Residential Red Zone Recovery Plan

Regenerate Christchurch means the entity established by section 121

regeneration has the meaning given to it in section 3(2)

Regeneration Plan means a Regeneration Plan approved under section 26 or 38

requiring authority has the same meaning as in section 2(1) of the Resource Management Act 1991

RMA document

(a)

means any of the following under the Resource Management Act 1991:

(i)

a regional policy statement:

(ii)

a proposed regional policy statement:

(iii)

a proposed plan:

(iv)

a plan; and

(b)

includes a change or variation to any document listed in paragraph (a)

strategic partners means Canterbury Regional Council, Christchurch City Council, Selwyn District Council, Te Rūnanga o Ngāi Tahu, and Waimakariri District Council

successor organisation means the council-controlled organisation approved in accordance with section 134

urban renewal has the meaning given to it in section 3(2)

working day means a day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(b)

the day the anniversary of Canterbury is observed in greater Christchurch; and

(c)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(d)

a day in the period commencing on 20 December in any year and ending with 10 January in the following year.

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

6 Act binds the Crown

This Act binds the Crown.

7 Application of Ngāi Tahu Claims Settlement Act 1998

(1)

Nothing in this Act affects the operation of the Ngāi Tahu Claims Settlement Act 1998.

(2)

To avoid doubt, if a Minister or, as the case may be, a chief executive wishes to exercise his or her power under this Act to dispose of land or to amalgamate land to which the Ngāi Tahu Claims Settlement Act 1998 applies, he or she must do so in accordance with the Ngāi Tahu Claims Settlement Act 1998.

(3)

For the purpose of the Ngāi Tahu Claims Settlement Act 1998, an amalgamation of land under this Act is a disposition of land.

Compare: 2011 No 12 s 59

8 Geographical application of Act

The powers and functions conferred by or under this Act are conferred in respect of greater Christchurch and do not apply outside of that area.

9 Effect of Plans on exercise of powers under Act

(1)

Unless expressly required in this Act, when exercising a particular power under this Act, the person exercising it need not consider any Recovery Plan or Regeneration Plan relating to the matter.

(2)

If a Minister or chief executive proposes to exercise a power under this Act and there is no Recovery Plan or Regeneration Plan relating to that matter, it is not necessary, in order for the power to be exercised, for any person to propose, promote, or approve a Regeneration Plan relating to that matter.

10 Effect of Act on other powers

If powers are available under this Act to a Minister or a chief executive,—

(a)

the Minister or chief executive, as the case may be, may, in his or her complete discretion, elect to use any other power available to the Minister or chief executive, whether under any other enactment or otherwise; and

(b)

nothing in this Act applies to the exercise of that other power.

11 Conditions applying to exercise of powers by Minister or chief executive

(1)

A Minister or a chief executive must ensure that, when he or she exercises or claims his or her powers, rights, and privileges under this Act, he or she does so in accordance with 1 or more of the purposes of the Act.

(2)

A Minister or a chief executive may exercise or claim a power, right, or privilege under this Act where he or she reasonably considers it necessary.

(3)

This section is subject to sections 77, 85, 91, 92, 93, 94, 107, 141, 142, and 143.

Compare: 2011 No 12 s 10

Part 2 Functions, powers, and processes relating to regeneration of greater Christchurch

Subpart 1—Development and implementation of planning instruments

Preliminary provisions

12 Overview

(1)

This subpart provides for—

(a)

preliminary matters, including the interpretation of certain terms (see sections 13 to 18):

(b)

the development and approval of Regeneration Plans and amendments to Plans that relate to an area of greater Christchurch (see sections 19 to 27):

(c)

the development and approval of Regeneration Plans and amendments to Plans that relate to an area of Christchurch district (and not to any area outside that district) (see sections 28 to 39):

(d)

minor amendments to Plans (see section 40):

(e)

the revocation of Plans that relate to an area of greater Christchurch (see sections 41 to 48):

(f)

the revocation of Plans that relate to an area of Christchurch district (and not to any area outside that district) (see sections 49 to 59):

(g)

the effect of Plans, which includes—

(i)

requiring persons exercising powers or performing functions under the Resource Management Act 1991 not to act inconsistently with a Plan in relation to certain matters under that Act (see section 60); and

(ii)

requiring councils to amend RMA documents if a Plan requires it (see section 61):

(h)

further provisions concerning Plans, their effect, and their status (see sections 62 to 64):

(i)

the Minister’s power to suspend, amend, or revoke all or part of an RMA document or other plan, strategy, or policy (see sections 65 to 73).

(2)

This section is only a guide to the general scheme and effect of this subpart.

13 Interpretation in this subpart

In this subpart,—

Christchurch residential red zone means the area described in Schedule 3

proponent means a party that proposes—

(a)

the development of a Regeneration Plan:

(b)

the amendment of a Recovery Plan or Regeneration Plan:

(c)

the revocation of all or part of a Recovery Plan or Regeneration Plan:

(d)

the exercise of the power in section 71

publicly available means available on an Internet site to which the public has free access

publish, in relation to a notice or any other document, means to publish the notice or document—

(a)

in the Gazette; and

(b)

in 1 or more newspapers circulating in greater Christchurch; and

(c)

on an Internet site to which the public has free access.

14 Who may be proponent

(1)

Any of the following parties may be a proponent:

(a)

a strategic partner:

(b)

Regenerate Christchurch:

(c)

the chief executive.

(2)

Subsection (1) is subject to subsections (3) to (6).

(3)

Regenerate Christchurch may not be a proponent in relation to a Plan or the exercise of the power in section 71 unless the Plan or the exercise of the power relates to an area of Christchurch district.

(4)

Only Regenerate Christchurch may be the proponent in relation to a Plan or the exercise of the power in section 71 that—

(a)

relates to an area that includes any of the Christchurch residential red zone; and

(b)

does not relate to any area outside Christchurch district.

(5)

A territorial authority may not be a proponent in relation to a Plan or an exercise of the power in section 71 that relates to more than 1 district unless the territorial authority does so jointly with every other territorial authority to whose district the Plan or the exercise of power relates.

(6)

If subsection (5) applies,—

(a)

every reference to a proponent in this subpart must be read as a reference to the joint proponents (and the provisions of this subpart apply accordingly, with any necessary modifications); and

(b)

the joint proponents must agree before taking any step that a proponent may or must take under this subpart.

15 Application of provisions of this subpart to Plans

(1)

Sections 19 to 27 and 41 to 48 apply to a Plan that relates to any area of greater Christchurch.

(2)

However, in the case of a Plan that relates to any area of Christchurch district and not to any area outside that district,—

(a)

sections 28 to 39 and 49 to 59 apply to the Plan; and

(b)

sections 19 to 27 and 41 to 48 do not apply to the Plan.

16 Parties must respond promptly

(1)

If a proponent or the Minister seeks the views of another party in accordance with this subpart, the party must provide its views within 30 working days after receiving a request to do so.

(2)

If a party fails to provide its views in that time, the proponent or the Minister may proceed on the basis that the party has no views on the matter.

17 Section 32 and Schedule 1 of Resource Management Act 1991 not to apply

Nothing in section 32 or Schedule 1 of the Resource Management Act 1991 applies to an action taken under this subpart.

18 Additional ground for rejecting request for change to RMA document

(1)

This section applies if a local authority receives a request under clause 21 of Schedule 1 of the Resource Management Act 1991 to change the RMA document.

(2)

The local authority may reject the request in whole or in part on the ground that, within the last 2 years, the substance of the request or part of the request has been considered and given effect to, or rejected, under this subpart, under subpart 3 of Part 2 of the Canterbury Earthquake Recovery Act 2011, or under the replacement district plan process provided for by the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014.

(3)

The ground specified in subsection (2) is in addition to the grounds specified in clause 25(4) of Schedule 1 of the Resource Management Act 1991.

Development and amendment of Plans relating to greater Christchurch

19 Outline for Plan or amendment relating to greater Christchurch

(1)

A proponent that proposes the development of a Regeneration Plan or the amendment of a Recovery Plan or Regeneration Plan referred to in section 15(1) must prepare a concise draft outline.

(2)

The draft outline must contain the following:

(a)

an explanation of what the Plan or amendment is intended to achieve; and

(b)

a description of the proposed scope of the Plan or amendment (that is, the places, things, and time periods to which the Plan or amendment will apply); and

(c)

an explanation of how the proponent expects the Plan or amendment to meet 1 or more of the purposes of this Act; and

(d)

the proposed process for the development of the Plan or amendment, including—

(i)

the expected time frames for developing the draft Plan or amendment:

(ii)

the time frame for the Minister to decide whether to approve the draft Plan or amendment under section 26:

(iii)

the opportunities for public engagement in relation to the draft Plan or amendment:

(iv)

who will draft the Plan or amendment and carry out public engagement:

(v)

how the cost of developing the draft Plan or amendment will be met; and

(e)

a draft of the notice that would be published under section 21(3) if the outline were approved.

(3)

The proposed opportunities for public engagement must include, as a minimum, the requirements set out in section 24(1).

20 Proponent must seek views and finalise outline

(1)

The proponent must provide the draft outline prepared under section 19 to, and seek the views of, each of the following parties that is not the proponent:

(a)

the strategic partners:

(b)

Regenerate Christchurch:

(c)

the chief executive:

(d)

in the case of a proposal to amend the Lyttelton Port Recovery Plan, Lyttelton Port Company Limited.

(2)

The proponent must—

(a)

finalise the draft outline, making any modifications that the proponent thinks appropriate; and

(b)

submit the outline to the Minister for approval, together with a concise statement recording the views provided under subsection (1).

21 Minister may approve outline for Plan or amendment

(1)

The Minister must approve or decline an outline that has been finalised in accordance with section 20.

(2)

In making a decision, the Minister must—

(a)

have particular regard to the views of the strategic partners and Regenerate Christchurch recorded in the statement provided under section 20(2); and

(b)

consider the views of the chief executive and, if section 20(1)(d) applies, Lyttelton Port Company Limited recorded in that statement.

(3)

If the Minister approves the outline, the proponent must publish a notice that—

(a)

summarises the matters contained in the outline; and

(b)

specifies where the full outline can be inspected.

22 Proponent may modify outline for Plan or amendment if outline declined

(1)

If the Minister declines an outline under section 21, the Minister must provide reasons for his or her decision to the proponent.

(2)

The proponent may make any modifications to the declined outline that the proponent thinks fit.

(3)

If the proponent modifies the outline in accordance with subsection (2), sections 20 and 21 and this section apply accordingly.

(4)

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

23 Development of draft Plan or amendment

(1)

If the Minister approves an outline under section 21, the proponent must develop a draft Plan or amendment in accordance with the outline.

(2)

The proponent must, in developing the draft Plan or amendment, seek the views of each of the following that is not the proponent:

(a)

the strategic partners:

(b)

Regenerate Christchurch:

(c)

the chief executive:

(d)

in the case of a proposal to amend the Lyttelton Port Recovery Plan, Lyttelton Port Company Limited.

24 Proponent must notify draft Plan or amendment and invite comment

(1)

When the proponent has developed the draft Plan or amendment under section 23, the proponent must publish a notice that—

(a)

advises where the draft Plan or amendment can be inspected; and

(b)

invites written comments on the draft Plan or amendment to be provided to the proponent in the manner and by the date specified in the notice.

(2)

The notice must also advise of any other opportunity for public engagement in relation to the draft Plan or amendment (including any opportunity identified in the outline approved under section 21).

(3)

The proponent must, at the time the proponent publishes the notice, ensure that a concise statement recording the views provided under section 23 is made publicly available.

25 Proponent must finalise and submit draft Plan or amendment

(1)

The proponent must—

(a)

consider the comments and other input provided under section 24; and

(b)

finalise the draft Plan or amendment, making any changes that the proponent thinks appropriate; and

(c)

submit the draft Plan or amendment to the Minister for approval, together with—

(i)

advice on whether the draft Plan or amendment has been developed in accordance with the outline approved under section 21; and

(ii)

a concise statement summarising the comments and other input provided under section 24; and

(iii)

advice on how the views and comments provided under sections 23 and 24 have been considered and, if relevant, addressed.

(2)

The proponent must, at the time the proponent submits the draft Plan or amendment, ensure that the statement summarising the comments and other input is made publicly available.

26 Approval of Plan or amendment relating to greater Christchurch

(1)

The Minister must approve or decline a draft Plan or amendment that has been finalised in accordance with section 25.

(2)

In making a decision, the Minister must—

(a)

seek and have particular regard to the views of the strategic partners and Regenerate Christchurch:

(b)

seek and consider the views of the chief executive and, if section 23(2)(d) applies, Lyttelton Port Company Limited:

(c)

consider whether the draft Plan or amendment has been developed in accordance with the outline approved under section 21:

(d)

consider the advice and the statement provided under section 25(1)(c):

(e)

consider the fiscal and financial implications of the draft Plan or amendment:

(f)

consider whether the draft Plan or amendment is in the public interest.

(3)

If the Minister approves the Plan or amendment, the Minister must publish a notice that specifies—

(a)

the approval:

(b)

the date on which the Plan or amendment takes effect:

(c)

where the Plan or amended Plan can be inspected.

27 Proponent may modify draft Plan or amendment

(1)

If the Minister declines to approve a draft Plan or amendment under section 26, the Minister must provide reasons for his or her decision to the proponent.

(2)

The proponent may make any modifications to the draft Plan or amendment that the proponent thinks appropriate.

(3)

If the proponent modifies the draft Plan or amendment in accordance with subsection (2), sections 23(2) and 24 to 26 and this section apply accordingly.

(4)

However, if the proponent modifies a discrete part or discrete parts of the draft Plan or amendment, the proponent is not required, in relation to any unmodified part of the draft Plan or amendment, to—

(a)

seek views on the unmodified part under section 23(2):

(b)

notify the unmodified part or invite written comment or undertake public engagement on it under section 24.

(5)

Subsections (2) and (3) do not apply if the Minister, having declined a modified draft Plan or amendment, indicates that he or she will not consider further modifications of that draft Plan or amendment.

Development and amendment of Plans relating to Christchurch district

28 Outline for Plan or amendment relating to Christchurch district

(1)

A proponent that proposes the development of a Regeneration Plan or the amendment of a Recovery Plan or Regeneration Plan referred to in section 15(2) must prepare a concise draft outline.

(2)

The draft outline must contain the following:

(a)

an explanation of what the Plan or amendment is intended to achieve; and

(b)

a description of the proposed scope of the Plan or amendment (that is, the places, things, and time periods to which the Plan or amendment will apply); and

(c)

an explanation of how the proponent expects the Plan or amendment to meet 1 or more of the purposes of this Act; and

(d)

the proposed process for the development of the Plan or amendment, including—

(i)

the expected time frames for developing the draft Plan or amendment:

(ii)

the time frame for the Minister to decide whether to approve the draft Plan or amendment under section 38:

(iii)

if applicable, time frames for Regenerate Christchurch to perform the functions set out in sections 36 and 37:

(iv)

the opportunities for public engagement in relation to the draft Plan or amendment:

(v)

who will draft the Plan or amendment and carry out public engagement:

(vi)

how the cost of developing the draft Plan or amendment will be met; and

(e)

a draft of the notice that would be published under section 31(3) if the outline were approved.

(3)

The proposed opportunities for public engagement specified in the draft outline must include, as a minimum, the requirements set out in section 34(1).

29 Proponent must seek views and finalise outline

(1)

The proponent must provide the draft outline prepared under section 28 to, and seek the views of, each of the following parties that is not the proponent:

(a)

Christchurch City Council:

(b)

Canterbury Regional Council:

(c)

Te Rūnanga o Ngāi Tahu:

(d)

Regenerate Christchurch:

(e)

Ōtākaro Limited:

(f)

the chief executive.

(2)

The proponent must—

(a)

finalise the draft outline, making any modifications that the proponent thinks appropriate:

(b)

submit the outline, together with a concise statement recording the views provided under subsection (1),—

(i)

to the Minister for approval under section 31 if the proponent is Regenerate Christchurch; or

(ii)

in every other case, to Regenerate Christchurch for review under section 30.

(3)

If section 14(4) applies, Regenerate Christchurch must not submit an outline to the Minister without Ōtākaro Limited’s consent.

(4)

Ōtākaro Limited may not withhold its consent except for reasons that are consistent with 1 or more of the purposes of this Act.

30 Regenerate Christchurch must review outline and may recommend outline to Minister

(1)

Regenerate Christchurch must review an outline that has been submitted to it under section 29(2) and decide whether to recommend the outline to the Minister for approval.

(2)

In making a decision, Regenerate Christchurch must consider the views recorded in the statement provided under section 29(2).

(3)

Regenerate Christchurch may amend the outline (including by changing the proponent for the purposes of sections 32 to 39 to itself or to another party who could have prepared the outline) before recommending the outline to the Minister.

(4)

Regenerate Christchurch must—

(a)

recommend the outline to the Minister and submit it to the Minister for approval; or

(b)

decline to recommend the outline to the Minister for approval.

(5)

If Regenerate Christchurch declines to recommend the outline to the Minister for approval, Regenerate Christchurch must provide reasons for its decision to the proponent.

31 Minister must approve outline for Plan or amendment if conditions in section 11 are met

(1)

The Minister must approve or decline an outline that has been submitted in accordance with section 29(2) or 30.

(2)

If the Minister considers that approving the outline is an exercise of power permitted by section 11, he or she must approve the outline.

(3)

If the Minister approves the outline, Regenerate Christchurch must publish a notice that—

(a)

summarises the matters contained in the outline; and

(b)

specifies where the full outline can be inspected.

(4)

If the Minister declines the outline, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

32 Proponent may modify outline for Plan or amendment if outline declined

(1)

Subsections (2) and (3) apply if—

(a)

Regenerate Christchurch declines to recommend an outline to the Minister for approval under section 30; or

(b)

the Minister declines an outline under section 31.

(2)

The proponent may make any modifications to the outline that the proponent thinks fit.

(3)

If the proponent modifies the outline in accordance with subsection (2), sections 29 to 31 and this section apply accordingly.

(4)

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

33 Development of draft Plan or amendment

(1)

If the Minister approves an outline under section 31, the proponent must develop a draft Plan or amendment in accordance with the outline.

(2)

The proponent must, in developing the draft Plan or amendment, seek the views of each party specified in section 29(1).

34 Regenerate Christchurch must notify draft Plan or amendment and invite comment

(1)

When the proponent has developed the draft Plan or amendment under section 33, Regenerate Christchurch must publish a notice that—

(a)

advises where the draft Plan or amendment can be inspected; and

(b)

invites written comments on the draft Plan or amendment to be provided to the proponent in the manner and by the date specified in the notice.

(2)

The notice must also advise of any other opportunity for public engagement in relation to the draft Plan or amendment (including any opportunity identified in the outline approved under section 31).

(3)

The proponent must, at the time Regenerate Christchurch publishes the notice, ensure that a concise statement recording the views provided under section 33 is made publicly available.

35 Proponent must finalise and submit draft Plan or amendment

(1)

The proponent must—

(a)

consider the comments and other input provided under section 34; and

(b)

finalise the draft Plan or amendment, making any changes that the proponent thinks appropriate; and

(c)

submit the draft Plan or amendment, together with the material specified in subsection (2),—

(i)

to the Minister for approval under section 38 if the proponent is Regenerate Christchurch; or

(ii)

in every other case, to Regenerate Christchurch for review under section 36.

(2)

The material referred to in subsection (1)(c) is—

(a)

a concise statement recording the views provided under section 33:

(b)

a concise statement summarising the comments and other input provided under section 34:

(c)

if the proponent is Regenerate Christchurch,—

(i)

advice on whether the draft Plan or amendment has been developed in accordance with the outline approved under section 31:

(ii)

advice on how the views and comments provided under sections 33 and 34 have been considered and, if relevant, addressed.

(3)

The proponent must, at the time the proponent submits the draft Plan or amendment, ensure that the statement summarising the comments and other input is made publicly available.

(4)

If section 14(4) applies, Regenerate Christchurch must not submit a draft Plan or amendment to the Minister without Ōtākaro Limited’s consent.

(5)

Ōtākaro Limited may not withhold its consent except for reasons that are consistent with 1 or more of the purposes of this Act.

36 Regenerate Christchurch must review draft Plan or amendment

(1)

Regenerate Christchurch must review a draft Plan or amendment that has been submitted to it under section 35(1).

(2)

In reviewing the draft Plan or amendment, Regenerate Christchurch must—

(a)

consider the views and comments recorded in each of the statements provided under section 35(2):

(b)

consider whether the draft Plan or amendment has been developed in accordance with the outline approved under section 31.

(3)

Regenerate Christchurch may amend the draft Plan or amendment.

(4)

Regenerate Christchurch must seek the views of the following on any material amendment it proposes to make to the draft Plan or amendment:

(a)

each party specified in section 29(1):

(b)

any other party that Regenerate Christchurch thinks appropriate.

37 Regenerate Christchurch must provide recommendation to Minister

(1)

Regenerate Christchurch must submit a draft Plan or amendment it has reviewed under section 36 (as amended under section 36(3), if applicable) to the Minister, together with a report that contains Regenerate Christchurch’s recommendation on whether the Minister should approve the draft Plan or amendment.

(2)

The report must also contain the following:

(a)

advice on whether the draft Plan or amendment has been developed in accordance with the outline approved under section 31:

(b)

the statements provided under section 35(2):

(c)

a description of any amendments to the draft Plan or amendment that are made by Regenerate Christchurch under section 36(3) (including its reasons for making those amendments):

(d)

a concise statement recording the views provided in relation to any material amendments under section 36(4):

(e)

advice on how the views and comments provided to the proponent under sections 33 and 34 and the views provided to Regenerate Christchurch under section 36(4) have been considered and, if relevant, addressed.

38 Approval of Plan or amendment relating to Christchurch district

(1)

The Minister must approve or decline a draft Plan or amendment that has been submitted to the Minister in accordance with section 35 or 37.

(2)

In making a decision, the Minister must,—

(a)

if Regenerate Christchurch is the proponent,—

(i)

have particular regard to the views of Regenerate Christchurch:

(ii)

consider the material specified in section 35(2):

(b)

if any other party is the proponent, have particular regard to Regenerate Christchurch’s report:

(c)

consider whether the draft Plan or amendment has been developed in accordance with the outline approved under section 31:

(d)

consider the fiscal and financial implications of the draft Plan or amendment:

(e)

consider whether the draft Plan or amendment is in the public interest.

(3)

If the Minister approves the Plan or amendment, the Minister must publish a notice that specifies—

(a)

the approval:

(b)

the date on which the Plan or amendment takes effect:

(c)

where the Plan or amended Plan can be inspected.

39 Proponent may modify draft Plan or amendment

(1)

If the Minister declines to approve a draft Plan or amendment under section 38, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

(2)

The proponent may make any modifications to the draft Plan or amendment that the proponent thinks appropriate.

(3)

If the proponent modifies the draft Plan or amendment in accordance with subsection (2), sections 33(2) and 34 to 38 and this section apply accordingly.

(4)

However, if the proponent modifies a discrete part or discrete parts of the draft Plan or amendment, it is not necessary, in relation to any unmodified part of the draft Plan or amendment, to—

(a)

seek views on the unmodified part under section 33(2):

(b)

notify the unmodified part or invite written comment or undertake public engagement on it under section 34.

(5)

Subsections (2) and (3) do not apply if the Minister, having declined a modified draft Plan or amendment, indicates that he or she will not consider further modifications of that draft Plan or amendment.

Minor amendments

40 Minor amendments

(1)

The Minister may amend a Plan to correct any minor errors, and need not use any formal process when doing so.

(2)

If the Minister makes an amendment under subsection (1), the Minister must publish a notice specifying the amendment and the date on which the amendment takes effect.

(3)

However, despite section 13, the Minister is not required to publish the notice in a newspaper.

Compare: 2011 No 12 s 22(3)

Revocation of Plans relating to greater Christchurch

41 Outline for revocation of Plan relating to greater Christchurch

(1)

A proponent that proposes the revocation of all or part of a Plan referred to in section 15(1) must prepare a concise draft outline.

(2)

The draft outline must contain the following:

(a)

a description of the Plan or the parts of a Plan that the proponent proposes be revoked; and

(b)

an explanation of what the revocation is intended to achieve; and

(c)

an explanation of how the proponent expects the revocation to meet 1 or more of the purposes of this Act; and

(d)

the time frame for the Minister to decide whether to approve the revocation under section 47.

42 Proponent must seek views and finalise outline

(1)

The proponent must provide the draft outline prepared under section 41 to, and seek the views of, each of the following parties that is not the proponent:

(a)

the strategic partners:

(b)

Regenerate Christchurch:

(c)

the chief executive:

(d)

in the case of a proposal to revoke all or part of the Lyttelton Port Recovery Plan, Lyttelton Port Company Limited.

(2)

The proponent must—

(a)

finalise the draft outline, making any modifications that the proponent thinks appropriate; and

(b)

submit the outline to the Minister for approval, together with a concise statement recording the views provided under subsection (1).

43 Minister may approve outline for revocation

(1)

The Minister must approve or decline an outline that has been finalised in accordance with section 42.

(2)

In making a decision, the Minister must—

(a)

have particular regard to the views of the strategic partners and Regenerate Christchurch recorded in the statement provided under section 42(2); and

(b)

consider the views of the chief executive and, if section 42(1)(d) applies, Lyttelton Port Company Limited recorded in that statement.

44 Proponent may modify outline for revocation if outline declined

(1)

If the Minister declines an outline under section 43, the Minister must provide reasons for his or her decision to the proponent.

(2)

The proponent may make any modifications to the declined outline that the proponent thinks fit.

(3)

If the proponent modifies the outline in accordance with subsection (2), sections 42 and 43 and this section apply accordingly.

(4)

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

45 Development of proposed revocation

If the Minister approves an outline under section 43, the proponent must publish a notice that—

(a)

describes the Plan or the parts of a Plan that the proponent proposes be revoked; and

(b)

invites written comments on the proposed revocation to be provided to the proponent in the manner and by the date specified in the notice.

46 Proponent must finalise and submit proposed revocation

(1)

The proponent must—

(a)

consider the comments provided under section 45; and

(b)

finalise the proposed revocation, making any modifications to the proposed revocation that the proponent thinks appropriate; and

(c)

submit the proposed revocation to the Minister for approval, together with—

(i)

advice on whether the proposed revocation has been developed in accordance with the outline approved under section 43; and

(ii)

a concise statement summarising the comments provided under section 45; and

(iii)

advice on how the comments provided under section 45 have been considered and, if relevant, addressed.

(2)

The proponent must, at the time the proponent submits the proposed revocation, ensure that the statement summarising the comments is made publicly available.

47 Approval of revocation of Plan relating to greater Christchurch

(1)

The Minister must approve or decline a proposed revocation that has been finalised in accordance with section 46.

(2)

In making a decision, the Minister must—

(a)

seek and have particular regard to the views of the strategic partners and Regenerate Christchurch:

(b)

seek and consider the views of the chief executive and, if section 42(1)(d) applies, Lyttelton Port Company Limited:

(c)

consider whether the proposed revocation has been developed in accordance with the outline approved under section 43:

(d)

consider the advice and the statement provided under section 46(1)(c):

(e)

consider the fiscal and financial implications of the proposed revocation:

(f)

consider whether the proposed revocation is in the public interest.

(3)

If the Minister approves a revocation, the Minister must publish a notice that specifies—

(a)

the revocation:

(b)

the date on which the revocation takes effect:

(c)

in the case of the revocation of part of a Plan, where the amended Plan can be inspected.

48 Minister must provide reasons for declining proposed revocation

If the Minister declines to approve a proposed revocation, the Minister must provide reasons for his or her decision to the proponent.

Revocation of Plans relating to Christchurch district

49 Outline for revocation of Plan relating to Christchurch district

(1)

A proponent that proposes the revocation of all or part of a Plan referred to in section 15(2) must prepare a concise draft outline.

(2)

The draft outline must contain the following:

(a)

a description of the Plan or the parts of a Plan that the proponent proposes be revoked; and

(b)

an explanation of what the revocation is intended to achieve; and

(c)

an explanation of how the proponent expects the revocation to meet 1 or more of the purposes of this Act; and

(d)

the time frame for the Minister to decide whether to approve the revocation under section 58; and

(e)

if applicable, time frames for Regenerate Christchurch to perform the functions set out in sections 56 and 57.

50 Proponent must seek views and finalise outline

(1)

The proponent must provide the draft outline prepared under section 49 to, and seek the views of, each of the following parties that is not the proponent:

(a)

Christchurch City Council:

(b)

Canterbury Regional Council:

(c)

Te Rūnanga o Ngāi Tahu:

(d)

Regenerate Christchurch:

(e)

Ōtākaro Limited:

(f)

the chief executive.

(2)

The proponent must—

(a)

finalise the draft outline, making any modifications that the proponent thinks appropriate; and

(b)

submit the outline, together with a concise statement recording the views provided under subsection (1),—

(i)

to the Minister for approval under section 52 if the proponent is Regenerate Christchurch; or

(ii)

in every other case, to Regenerate Christchurch for review under section 51.

51 Regenerate Christchurch must review outline and may recommend outline to Minister

(1)

Regenerate Christchurch must review an outline that has been submitted to it under section 50(2) and decide whether to recommend the outline to the Minister for approval.

(2)

In making a decision, Regenerate Christchurch must consider the views recorded in the statement provided under section 50(2).

(3)

Regenerate Christchurch may amend the outline before recommending the outline to the Minister.

(4)

Regenerate Christchurch must—

(a)

recommend the outline to the Minister and submit it to the Minister for approval; or

(b)

decline to recommend the outline to the Minister for approval.

(5)

If Regenerate Christchurch declines to recommend the outline to the Minister for approval, Regenerate Christchurch must provide reasons for its decision to the proponent.

52 Minister must approve outline for revocation if conditions in section 11 are met

(1)

The Minister must approve or decline an outline that has been submitted in accordance with section 50(2) or 51.

(2)

If the Minister considers that approving the outline is an exercise of power permitted by section 11, he or she must approve the outline.

(3)

If the Minister declines the outline, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

53 Proponent may modify outline for revocation if outline declined

(1)

Subsections (2) and (3) apply if—

(a)

Regenerate Christchurch declines to recommend an outline to the Minister for approval under section 51; or

(b)

the Minister declines an outline under section 52.

(2)

The proponent may make any modifications to the outline that the proponent thinks fit.

(3)

If the proponent modifies the outline in accordance with subsection (2), sections 50 to 52 and this section apply accordingly.

(4)

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

54 Development of proposed revocation

If the Minister approves the outline under section 52, the proponent must publish a notice that—

(a)

describes the Plan or the parts of a Plan that the proponent proposes be revoked; and

(b)

invites written comments on the proposed revocation to be provided to the proponent in the manner and by the date specified in the notice.

55 Proponent must finalise and submit proposed revocation

(1)

The proponent must—

(a)

consider the comments provided under section 54; and

(b)

finalise the proposed revocation, making any modifications to the proposed revocation that the proponent thinks appropriate; and

(c)

submit the proposed revocation, together with the material specified in subsection (2),—

(i)

to the Minister for approval under section 58 if the proponent is Regenerate Christchurch; or

(ii)

in every other case, to Regenerate Christchurch for review under section 56.

(2)

The material referred to in subsection (1) is,—

(a)

a concise statement summarising the comments provided under section 54; and

(b)

if the proponent is Regenerate Christchurch,—

(i)

advice on whether the proposed revocation has been developed in accordance with the outline approved under section 52; and

(ii)

advice on how the comments received under section 54 have been considered and, if relevant, addressed.

(3)

The proponent must, at the time the proponent submits the proposed revocation, ensure that the statement summarising the comments is made publicly available.

56 Regenerate Christchurch must review proposed revocation

(1)

Regenerate Christchurch must review a proposed revocation that has been submitted to it under section 55(1).

(2)

In reviewing the proposed revocation, Regenerate Christchurch must—

(a)

consider the statement provided under section 55(2):

(b)

consider whether the proposed revocation has been developed in accordance with the outline approved under section 52.

(3)

Regenerate Christchurch may amend the proposed revocation.

(4)

Regenerate Christchurch must seek the views of the following on any material amendment it proposes to make to the proposed revocation:

(a)

each party specified in section 50(1):

(b)

any other party that Regenerate Christchurch thinks appropriate.

57 Regenerate Christchurch must provide recommendation to Minister

(1)

Regenerate Christchurch must submit a proposed revocation it has received under section 55 (as amended under section 56(3), if applicable) to the Minister, together with a report that contains Regenerate Christchurch’s recommendation on whether the Minister should approve the proposed revocation.

(2)

The report must also contain the following:

(a)

advice on whether the proposed revocation has been developed in accordance with the outline approved under section 52:

(b)

the statement provided under section 55(2):

(c)

a description of any amendments made to the proposed revocation by Regenerate Christchurch under section 56(3) (including its reasons for making those amendments):

(d)

a concise statement recording the views provided in relation to any material amendments under section 56(4):

(e)

advice on how the comments provided to the proponent under section 54 and the views provided to Regenerate Christchurch under section 56(4) have been considered and, if relevant, addressed.

58 Approval of revocation of Plan relating to Christchurch district

(1)

The Minister must approve or decline a proposed revocation that has been submitted to the Minister in accordance with section 55 or 57.

(2)

In making a decision, the Minister must,—

(a)

if Regenerate Christchurch is the proponent,—

(i)

have particular regard to the views of Regenerate Christchurch:

(ii)

consider the material specified in section 55(2):

(b)

if any other party is the proponent, have particular regard to Regenerate Christchurch’s report:

(c)

consider whether the proposed revocation has been developed in accordance with the outline approved under section 52:

(d)

consider the fiscal and financial implications of the proposed revocation:

(e)

consider whether the proposed revocation is in the public interest.

(3)

If the Minister approves the revocation, the Minister must publish a notice that specifies—

(a)

the revocation:

(b)

the date on which the revocation takes effect:

(c)

in the case of the revocation of part of a Plan, where the amended Plan can be inspected.

59 Minister must provide reasons for declining proposed revocation

If the Minister declines to approve a proposed revocation, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

Effect of Plans

60 Councils, etc, not to act inconsistently with Plan

(1)

Subsection (2) applies,—

(a)

in relation to a Plan or an amendment to a Plan notified in the Gazette after the commencement of this Part, on and from the date specified in the Gazette notice; and

(b)

in relation to a Recovery Plan notified in the Gazette before the commencement of this Part, on and from the commencement of this Part.

(2)

Any person exercising powers or performing functions under the Resource Management Act 1991 must not make a decision or recommendation relating to all or part of greater Christchurch that is inconsistent with the Plan on any of the following matters under the Resource Management Act 1991:

(a)

an application for a resource consent for a restricted discretionary, discretionary, or non-complying activity (whether or not the application was first lodged after the Plan was gazetted):

(b)

a notice of requirement (whether or not notice was given after the Plan was gazetted):

(c)

an application to transfer a resource consent under section 135, 136, or 137:

(d)

an application to change or cancel the conditions of a resource consent under section 127:

(e)

a review of a resource consent under section 128:

(f)

the preparation, change, variation, or review of an RMA document under Schedule 1.

(3)

A council, requiring authority, or heritage protection authority may—

(a)

request the Minister to consider and decide whether a decision or recommendation referred to in subsection (2) would be inconsistent with a Plan:

(b)

appeal in accordance with section 119 against a decision under paragraph (a).

(4)

Lyttelton Port Company Limited may—

(a)

request the Minister to consider and decide whether a decision or recommendation referred to in subsection (2) that relates to the Lyttelton Port Recovery Plan would be inconsistent with that Plan:

(b)

appeal in accordance with section 119 against a decision under paragraph (a).

(5)

For the purposes of an application for a resource consent for a restricted discretionary activity, the Plan is a matter over which discretion is restricted and section 87A(3) of the Resource Management Act 1991 applies accordingly.

Compare: 2011 No 12 s 23

61 Councils to amend documents if required

(1)

Despite anything to the contrary in Part 5 of the Resource Management Act 1991, a council must amend an RMA document (to the extent that it relates to greater Christchurch), if a Plan directs so,—

(a)

to include any matter that the Plan identifies for inclusion; or

(b)

to remove any matter in the document that the Plan identifies for deletion; or

(c)

to change or vary any matter in the document to give effect to provisions of the Plan.

(2)

A council must make the amendments referred to in subsection (1)(a) and (b) as soon as practicable after the Plan comes into effect without using the process in Schedule 1 of the Resource Management Act 1991 or any other formal public process.

(3)

A council must make the amendments referred to in subsection (1)(c) within the time specified in the Plan or (if not specified) as soon as practicable after the Plan comes into effect, in accordance with a public process determined by the Minister.

(4)

Despite clause 21 of Schedule 1 of the Resource Management Act 1991, only the Minister may request a change or variation to any amendment made under subsection (1).

(5)

Nothing in section 85(2) to (7) of the Resource Management Act 1991 applies in respect of any amendment to an RMA document under this section.

Compare: 2011 No 12 s 24

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

(1)

Nothing in section 88A(1A) of the Resource Management Act 1991 applies in respect of any application for a resource consent for any activity altered as a consequence of a Plan.

(2)

For the purposes of subsection (1), an activity is altered as a consequence of a Plan if the type of the activity (being controlled, restricted, discretionary, or non-complying) is altered as a consequence of an amendment made under section 61(1).

(3)

To avoid doubt, this section applies in relation to any matter before the Environment Court and any further appeals while this Act is in force.

Compare: 2011 No 12 s 25

63 Relationship to other instruments

(1)

The following instruments, so far as they relate to greater Christchurch, must not be inconsistent with a Plan:

(a)

annual plans, long-term plans, and triennial agreements under the Local Government Act 2002, except a funding impact statement in an annual plan or a long-term plan:

(b)

regional land transport plans under the Land Transport Management Act 2003:

(c)

the New Zealand Transport Agency’s recommendations under section 18I of the Land Transport Management Act 2003:

(d)

regional public transport plans adopted under section 119 of the Land Transport Management Act 2003:

(e)

all or any of the following:

(i)

general policies approved under section 17C 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:

(iii)

conservation management plans approved under section 17G of the Conservation Act 1987, or under section 40B of the Reserves Act 1977, or under section 14E of the Wildlife Act 1953:

(iv)

management plans approved under section 41 of the Reserves Act 1977 (with the exception of the Hagley Park Management Plan):

(v)

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

(2)

A Plan—

(a)

is to be read together with and forms part of the instruments specified in subsection (1); and

(b)

prevails where there is any inconsistency between it and an instrument specified in subsection (1).

(3)

If required by a Plan, an entity that is responsible for an instrument specified in subsection (1) must amend the instrument to give effect to the provisions of the Plan.

(4)

An entity must make the amendments referred to in subsection (3) in accordance with a process (if any) determined by the Minister.

(5)

The Hagley Park Management Plan prevails where there is any inconsistency between it and a Regeneration Plan.

Compare: 2011 No 12 s 26

64 Status of Plans under Legislation Act 2012

A Plan is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Suspension, amendment, or revocation of RMA document, council plan, etc

65 Proposal for exercise of power in section 71

(1)

A proponent who proposes the exercise of the power to suspend, amend, or revoke an RMA document, council plan, or other document in section 71 must prepare a concise draft proposal that complies with subsection (2).

(2)

The draft proposal must contain the following:

(a)

an explanation of what the exercise of the power is intended to achieve; and

(b)

a description of which instrument the exercise of the power will apply to, and for how long; and

(c)

an explanation of how the proponent expects the exercise of the power to meet 1 or more of the purposes of this Act; and

(d)

an explanation of why the proponent considers the exercise of the power is necessary and preferable to any alternatives to the exercise of the power; and

(e)

a draft of the notice that would be published under section 68 if the proposal were approved; and

(f)

a draft of the notice that would be published under section 71 if the power were exercised.

66 Proponent must seek views and finalise proposal

(1)

The proponent must seek the views of each of the following parties that is not the proponent:

(a)

the strategic partners:

(b)

Regenerate Christchurch:

(c)

the chief executive.

(2)

The proponent must—

(a)

finalise the proposal, making any modifications that the proponent thinks appropriate; and

(b)

submit the proposal to the Minister for approval, together with a concise statement recording the views provided under subsection (1).

(3)

Subsection (4) applies if—

(a)

the proposal relates to an RMA document, council plan, or other document as it applies in an area of Christchurch district (and not to any area outside that district); and

(b)

Regenerate Christchurch is not the proponent.

(4)

If this subsection applies,—

(a)

the proponent must provide the finalised proposal to Regenerate Christchurch; and

(b)

Regenerate Christchurch must provide its views on the finalised proposal to the Minister as soon as practicable.

67 Minister may decide to proceed with proposal

(1)

The Minister must decide whether to proceed with a proposal that has been finalised in accordance with section 66 no later than 30 working days after receiving the proposal.

(2)

In making a decision, the Minister must—

(a)

have particular regard to the views of the strategic partners and Regenerate Christchurch recorded in the statement provided under section 66(2) (and the views of Regenerate Christchurch provided under section 66(4), if applicable); and

(b)

consider the views of the chief executive recorded in that statement.

(3)

If the Minister declines the proposal, the Minister must provide reasons for his or her decision to the proponent.

68 Minister must invite public comment

If the Minister decides to proceed with the proposal, the Minister must publish a notice that—

(a)

includes a summary of the matters contained in the proposal:

(b)

advises where the full proposal can be inspected:

(c)

invites written comments on the proposal in the manner and by the date specified in the notice.

69 Approval of proposal for exercise of power

In considering whether to exercise the power in section 71, the Minister must—

(a)

take into account the comments provided under section 68(c); and

(b)

have particular regard to any views of the strategic partners and Regenerate Christchurch that are expressed in the comments provided under section 68(c); and

(c)

make a decision no later than 30 working days after the date specified in the notice published under section 68.

70 Minister must provide reasons for declining proposal to exercise power

If the Minister declines to exercise the power in section 71, the Minister must provide reasons for his or her decision to the proponent.

71 Minister may suspend, amend, or revoke RMA document, council plan, etc

(1)

This section applies if the Minister has decided to exercise the power under this section in accordance with section 69.

(2)

The Minister may, by notice in the Gazette, suspend, amend, or revoke all or part of any 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 17C 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:

(iii)

conservation management plans approved under section 17G of the Conservation Act 1987, or under section 40B of the Reserves Act 1977, or under section 14E of the Wildlife Act 1953:

(iv)

management plans approved under section 41 of the Reserves Act 1977 (with the exception of the Hagley Park Management Plan):

(v)

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

(e)

a bylaw made under any Act.

(3)

The Minister may, by notice in the Gazette,—

(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 (but not changes or variations to the Hagley Park Management Plan under the Reserves Act 1977); or

(b)

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

(4)

The Minister may, by notice in the Gazette, vary or revoke a notice given under subsection (2) or (3).

(5)

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

Compare: 2011 No 12 s 27

72 Contents of notice under section 71

(1)

A Gazette notice under section 71 must specify, in respect of an exercise of the power in that section,—

(a)

the RMA document, council plan, or other document affected by the exercise of the power:

(b)

how the exercise of the power affects the RMA document, council plan, or other document:

(c)

the date on which the exercise of the power takes effect.

(2)

As soon as practicable after publishing a Gazette notice under section 71, the Minister must publish, in 1 or more newspapers circulating in greater Christchurch and on an Internet site to which the public has free access, a notice that—

(a)

summarises the matters in subsection (1):

(b)

specifies where the Gazette notice can be inspected.

(3)

This section applies despite section 13.

73 Status of notice under Legislation Act 2012

A Gazette notice given under section 71 is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Subpart 2—Dealing with land and other property

Surveys

74 Approval of cadastral survey datasets

(1)

The chief executive may—

(a)

approve a cadastral survey dataset under section 9(a) of the Cadastral Survey Act 2002; or

(b)

direct the Surveyor-General to approve any survey plan referred to in section 69(3) of the Cadastral Survey Act 2002.

(2)

Subsection (1) applies even if a cadastral survey dataset does not comply with standards set under section 49 of the Cadastral Survey Act 2002.

(3)

Subsection (1)(b) applies even if the survey plan does not comply with standards for survey that the Surveyor-General would otherwise apply under the enactment that refers to the survey plan.

(4)

Before acting under subsection (1), the chief executive must consult the Surveyor-General.

(5)

If the chief executive has approved a cadastral survey dataset under subsection (1)(a), the cadastral survey dataset is to be regarded for all purposes as if the chief executive had determined under section 9(a) of the Cadastral Survey Act 2002 that it complied with standards set under section 49 of that Act.

(6)

If the chief executive has given a direction under subsection (1)(b), the survey plan is to be regarded for all purposes as having been approved under any enactment that requires it to be approved by the Surveyor-General.

(7)

A cadastral surveyor carrying out work for a cadastral survey dataset or survey plan to which subsection (1) applies is not liable for any non-compliance with standards referred to in subsection (2) or (3) to the extent that the non-compliance was necessary for the purposes of this Act.

Compare: 2011 No 12 s 35

75 New surveys

(1)

This section applies if—

(a)

the chief executive approves a cadastral survey dataset or directs the Surveyor-General to approve a survey plan under section 74(1); or

(b)

in any other case, there is a legal requirement to notify any adjoining owners that a cadastral survey dataset is to be deposited under section 167 of the Land Transfer Act 1952.

(2)

The chief executive may direct the Registrar-General of Land to seek the consent of the adjoining owners to the new survey definition.

(3)

If the adjoining owners give their consent, the Registrar-General of Land may deposit the cadastral survey dataset or survey plan and issue new computer registers accordingly.

(4)

If an adjoining owner fails to respond within 10 working days (or any further period allowed by the chief executive) after the date of service of the request for consent or refuses to consent, the chief executive may direct the Registrar-General of Land to issue a new computer register limited as to parcels upon deposit of the cadastral survey dataset or survey plan.

(5)

Section 167(3) of the Land Transfer Act 1952 (application of the provisions of Part 12 of that Act relating to computer registers that are limited as to parcels) applies to any computer register issued and limited as to parcels in accordance with a direction under subsection (4).

(6)

The chief executive may direct the Registrar-General of Land to disapply the application of section 205(4) of the Land Transfer Act 1952 in respect of any computer register issued and limited as to parcels in accordance with subsection (4), and the Registrar-General of Land must remove the limitation as to parcels from the relevant computer register.

(7)

Subsection (6) is subject to any relevant determination by a court under subpart 4.

Compare: 2011 No 12 s 36

76 Disputes

(1)

If an adjoining owner wishes to dispute a survey definition determined under section 75, the dispute must be heard and determined in accordance with section 119 and treated as an appeal against a direction under section 75(6).

(2)

Any dispute against the lodgement of a caveat under section 205(4) of the Land Transfer Act 1952 against a computer register that is issued limited as to parcels in accordance with a direction under section 75(4) must be heard and determined in accordance with section 119 and treated as an appeal.

Compare: 2011 No 12 s 37

Building works, etc

77 Works

(1)

The chief executive may carry out or commission works.

(2)

The works include (without limitation)—

(a)

the erection, reconstruction, placement, alteration, or extension of all or any part of any building on or under land:

(b)

the demolition of all or any part of any building on or under land (demolition work):

(c)

the removal and disposal of any building on or under land, or material.

(3)

The chief executive may remove fixtures and fittings from any building.

(4)

Works under this section may be undertaken on or under public or private land and with or without the consent of the owner.

(5)

To avoid doubt, this section does not override any requirements for resource consents or building consents that may apply to works under this section.

(6)

Nothing in section 11(2) applies to the carrying out or commissioning of works under this section on land or buildings owned by the Crown.

(7)

In this section, building includes any structure or other erection.

Compare: 2011 No 12 s 38(1)–(3), (5), (6)

78 First notice requirement for work carried out on private land

(1)

This section and section 80 apply if the chief executive proposes to carry out or commission works under section 77 on or under private land.

(2)

The chief executive must give written notice to the owner and, if the owner is not the occupier, the occupier of the private land specifying—

(a)

the nature of the work that will be carried out; and

(b)

the date when the work will begin, or is expected to begin if it is not possible to specify a definite date.

(3)

If it is necessary for the land or buildings, or both, to be vacated either wholly or partly to enable the works to be carried out, the notice under this section must also direct the owner or occupier to leave the land or buildings, as the case may be, for a specified period, or from a specified date until further notice.

(4)

If practicable, a copy of the notice must be given to—

(a)

every person who has an interest in the land on which the works are situated that is registered under the Land Transfer Act 1952; and

(b)

every person claiming an interest in the land that is protected by a caveat lodged and in force under section 137 of the Land Transfer Act 1952.

(5)

A notice under this section is sufficiently served if it is delivered personally to the person or sent to the person at the person’s usual or last known place of residence or business.

(6)

If a notice or other document is to be served on a body (whether incorporated or not), service on an officer of the body in accordance with subsection (5) is taken to be service on the body.

(7)

A notice or other document sent by post to a person in accordance with subsection (5) or (6) must be treated as having been received by that person on the fourth day after it was posted.

(8)

A notice under this section must be given at least 1 month in advance, but there is no right of appeal or objection against the notice.

79 Additional requirements for demolition work carried out under section 77

(1)

This section applies if the chief executive gives notice under section 78 to an owner of a building on or under land that demolition work under section 77 is to be carried out there.

(2)

The owner must give notice to the chief executive within 10 working days after the chief executive’s notice is given stating whether or not the owner intends to carry out the works and, if the owner intends to do so, specifying the method by which, and the time within which, the works will be carried out.

(3)

If the owner fails to give notice under subsection (2), or the chief executive is not satisfied with the time or method specified, or the works are not carried out in the time or by the method specified or otherwise agreed, then—

(a)

the chief executive may commission the carrying out of the works and must give the notice required by section 80; and

(b)

in the case of the demolition of a building to which section 83(1) or (3) refers, the chief executive may recover the costs of carrying out the work from the owner of the dangerous building in question; and

(c)

the amount recoverable becomes a charge on the land on which the work was carried out.

Compare: 2011 No 12 s 38(4)

80 Second notice requirement for work carried out on private land

(1)

Not less than 24 hours before the beginning of the works under section 77 on or under private land, the chief executive must give written notice to the owner and, if the owner is not the occupier, the occupier of the private land specifying—

(a)

the nature of the work that will be carried out; and

(b)

the date on which the work will begin; and

(c)

if applicable, the direction described in section 78(3).

(2)

A notice under this section is sufficiently served if it is delivered personally to the person or sent to the person at the person’s usual or last known place of residence or business.

(3)

If a notice or other document is to be served on a body (whether incorporated or not), service on an officer of the body in accordance with subsection (2) is taken to be service on the body.

(4)

A notice or other document sent by post to a person in accordance with subsection (2) or (3) must be treated as having been received by that person on the fourth day after it was posted.

(5)

There is no right of appeal or objection against the notice.

81 Chief executive may apply to High Court for order that owner or occupier vacate land or building

If the owner or occupier fails to comply with a notice given under section 78 or 80, the chief executive may seek an order from the High Court directing the owner or occupier to comply with the notice.

82 Authorised persons may enter private land to carry out work under section 77

(1)

To permit or facilitate the carrying out of work under section 77 on or under private land in respect of which notice has been given under sections 78 and 80, the chief executive or any person acting under the authority of the chief executive may enter on the land or any building on or under the land.

(2)

A person authorised to enter on land or any building under subsection (1) must produce evidence of the authorisation if requested to do so.

(3)

An error in any notice given under section 78 or 80 does not of itself affect the ability to exercise power, or the validity of an exercise of power, under this section.

83 Compensation for demolition of buildings

(1)

If the chief executive demolishes a dangerous building,—

(a)

the Crown is not liable to compensate the owner or other occupier of the building; and

(b)

the chief executive may recover the cost of demolition works from the owner.

(2)

If the amount of the costs recoverable from the owner has been established by agreement between the chief executive and the owner in advance of the demolition, that amount may be treated as the cost of demolition works for the purpose of subsection (1)(b).

(3)

If the chief executive demolishes a non-dangerous building in order to demolish a dangerous building or for any other reason, and the Crown has not acquired the land on which the non-dangerous building is situated, the Crown is liable to compensate the owner of the non-dangerous building for a loss resulting from the demolition of the non-dangerous building whether or not the loss is insured in whole or in part.

(4)

Claims under this section must be made and determined in accordance with this section and subpart 3.

Compare: 2011 No 12 s 40

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

(1)

The Crown is liable to pay compensation for negligent physical loss or damage caused to other property that results directly from the demolition of a building by the chief executive, except for damage to property that is in or on or under or part of a dangerous building.

(2)

Claims under this section must be made and determined in accordance with this section and subpart 3.

Compare: 2011 No 12 s 41

85 Temporary buildings

(1)

Despite any other enactment, the chief executive may erect or authorise the erection and use of temporary buildings on any land including any public reserve, private land, road, or street and provide for their removal.

(2)

No building consent or resource consent is required for the erection or use of any temporary building under subsection (1).

(3)

If practicable, the chief executive must consult the relevant road controlling authority before exercising a power under this section in relation to a road.

(4)

Temporary buildings may be erected under this section on private land with or without the consent of the owner.

(5)

Nothing in section 11(2) applies to the erection of a temporary building under this section on land owned by the Crown.

Compare: 2011 No 12 s 44

Access and roads

86 Access to areas or buildings

The chief executive may restrict or prohibit access by any person or specified class of persons to any specified area, or to any specified building, within greater Christchurch.

Compare: 2011 No 12 s 45

87 Prohibiting and restricting public access, closing and stopping roads, etc

(1)

The chief executive may, for such period as he or she considers necessary, totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place within greater Christchurch.

(2)

The chief executive may close a road or divert or control the traffic on any road for any reason, including (without limitation)—

(a)

to facilitate any work or investigation affecting the road or land near the road:

(b)

for the protection of public safety.

(3)

The chief executive may, by giving notice in the Gazette and in a newspaper circulating in greater Christchurch, stop any road or part of a road in greater Christchurch.

(4)

The stopping of a road under subsection (3) has effect as if the road had been stopped in accordance with section 342 and Schedule 10 of the Local Government Act 1974 and as if the chief executive were a council within the meaning of that section.

(5)

The chief executive must consult the relevant road controlling authority—

(a)

before stopping a road or part of a road under this section:

(b)

if practicable, before exercising any other power under this section in relation to a road.

(6)

To avoid doubt,—

(a)

there is no right of appeal or objection against a decision made under subsection (3):

(b)

nothing in section 345 of the Local Government Act 1974 applies to the disposal of land resulting from a stopping of a road under this section.

Compare: 2011 No 12 s 46

88 Offences relating to access and roads

(1)

A person commits an offence if the person intentionally contravenes a restriction or prohibition imposed under section 86 or 87.

(2)

A person who commits an offence under this section is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or both:

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

Compare: 2011 No 12 s 47

Power to direct owner to act

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

(1)

This section applies if the chief executive considers that it is desirable that the owner of a property (the property owner) act for the benefit of 1 or more owners of properties that are adjoining or adjacent to the property owner’s property in relation to rebuilding because—

(a)

it would assist the implementation of a Plan; or

(b)

the owners have sufficiently linked interests in relation to those properties.

(2)

The chief executive may direct the property owner to act for the benefit of the owners of the adjoining or adjacent properties in the manner specified by the chief executive, which may include conditions on any or all of those owners.

(3)

Before giving the direction under subsection (2), the chief executive must give the property owner and each other affected owner of adjoining or adjacent property a reasonable opportunity to be heard, either personally or through a representative.

Compare: 2011 No 12 s 52

90 Offence to fail to comply with direction

(1)

A person commits an offence if the person, without reasonable excuse, intentionally fails to comply with a direction given under section 89.

(2)

A person who commits an offence under this section is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or both:

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

Acquisition and other dealing with property

91 Acquisition and other dealing with property

(1)

The chief executive may, in the name of the Crown,—

(a)

purchase or otherwise acquire land:

(b)

hold, mortgage, and lease land acquired by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011.

(2)

The Minister’s approval is required for the following actions of the chief executive under subsection (1):

(a)

the purchase or other acquisition of land:

(b)

the granting of a lease of land that, including rights of renewal, is or could be for a term of 2 years or more.

(3)

Nothing in section 11 applies to the exercise of a power under this section.

Compare: 2011 No 12 s 53(1)

Other dealing with land

92 Declarations by Minister concerning land

(1)

The Minister may, by notice in the Gazette, declare land acquired by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011 to be set apart for a public work in terms of the Public Works Act 1981.

(2)

The Minister may, by notice in the Gazette, declare land acquired by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011 to be land subject to the Land Act 1948 and not this Act.

(3)

A declaration under subsection (2) is subject to the chief executive confirming that any requirements under sections 107 to 109 to offer the land back that would apply if the land was to be disposed of have been complied with.

(4)

The Minister may, by notice in the Gazette, declare land held for a public work in terms of the Public Works Act 1981 (whether held by the Crown or otherwise) to be held under this Act.

(5)

Nothing in section 11 applies to the exercise of powers under this section.

Compare: 2011 No 12 s 53(4)–(6)

93 Subdividing land, etc

(1)

The chief executive may subdivide, resubdivide, improve, and develop all or any land acquired by the Crown under this Act (including land amalgamated under section 94) or under the Canterbury Earthquake Recovery Act 2011.

(2)

Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to any subdivision under this section.

(3)

Nothing in section 11 applies to the exercise of powers under this section.

Compare: 2011 No 12 s 43

94 Amalgamation of land

(1)

The Minister may, in accordance with sections 95 to 101, amalgamate all or any land acquired by the Crown under this Act or the Canterbury Earthquake Recovery Act 2011 with all or any land described in subsection (2).

(2)

The land referred to in subsection (1) is—

(a)

land owned by the Crown:

(b)

land owned by a council, if the council has consented to the vesting of the land in the Crown.

(3)

Nothing in section 11 applies to the amalgamation of land under this section.

(4)

Nothing in the Resource Management Act 1991 applies to any amalgamation under this section.

95 Minister must consult Minister of Conservation in certain cases

The Minister must, before publishing a notice under section 96, consult the Minister of Conservation if any piece of land that the Minister intends to be amalgamated is subject to the Reserves Act 1977 or is a conservation area (as defined in section 2(1) of the Conservation Act 1987) and the Minister intends that the reserve or conservation status of that land will be extinguished by the amalgamation.

96 Notice of intention to vest land in the Crown

If the Minister intends to amalgamate land as described in section 94 and 1 or more pieces of land to be amalgamated are owned by a council, the Minister must publish a notice in the Gazette containing the following:

(a)

a description of each piece of land to be vested in the Crown; and

(b)

either,—

(i)

in relation to each piece of land, details of any estate or interest in the land, or any status, restriction, charge, or any other encumbrance that applies to the land, that is intended to be extinguished by the amalgamation; or

(ii)

a statement that any estate or interest in, or any status, restriction, charge, or any other encumbrance that applies to, any piece of land to be vested will be extinguished when the land vests in the Crown; and

(c)

the name of the current owner of each piece of land; and

(d)

the date on which the vesting will take effect.

97 Effect of notice of intention to vest land in the Crown

On the date specified in the Gazette notice under section 96,—

(a)

the land specified in the notice is vested in fee simple in the Crown; and

(b)

each estate, interest, status, restriction, charge, or any other encumbrance referred to in the notice in accordance with section 96(b)(i) or (ii) is extinguished.

98 Notice of intention to amalgamate land

If the Minister intends to amalgamate land as described in section 94, the Minister must publish a notice in the Gazette containing the following:

(a)

a description of each piece of land to be amalgamated; and

(b)

either,—

(i)

in relation to each piece of land, details of any estate or interest in the land, or any status, restriction, charge, or any other encumbrance that applies to the land, that is intended to be extinguished by the amalgamation; or

(ii)

a statement that any estate or interest in, or any status, restriction, charge, or any other encumbrance that applies to, any piece of land to be vested will be extinguished when the land vests in the Crown; and

(c)

the date on which the amalgamation will take effect.

99 Effect of notice of intention to amalgamate land

On the date specified in the Gazette notice under section 98,—

(a)

the land specified in the notice is amalgamated; and

(b)

each estate, interest, status, restriction, charge, or any other encumbrance referred to in the notice in accordance with section 98(b)(i) or (ii) is extinguished.

100 Minister may publish vesting notice and amalgamation notice together

The Minister may publish the information required by sections 96 and 98 relating to the same piece of land in a single Gazette notice.

101 Notice to be registered

(1)

The Minister may lodge a Gazette notice under section 96 or 98 with the Registrar-General of Land, who must register it without fee against the appropriate computer register or computer registers.

(2)

The Registrar-General of Land may require the deposit of a survey plan of any piece of land being amalgamated.

(3)

The Registrar-General of Land may do all things that may be necessary to give effect to the notice, including—

(a)

cancelling any computer register:

(b)

issuing 1 or more computer registers:

(c)

removing any estate, interest, status, restriction, charge, or other encumbrance.

Compare: 2011 No 12 s 56

Compulsory acquisition of land

102 Preconditions to exercise of power in sections 103 to 106

The Minister may exercise the power under sections 103 to 106 only if, in addition to meeting the requirements of section 11,—

(a)

the chief executive has made reasonable endeavours to acquire the land by agreement with the owner of the land but has been unsuccessful, and the chief executive has advised the Minister accordingly; and

(b)

either—

(i)

there is an applicable Plan and the Minister is satisfied that the acquisition is not inconsistent with the Plan; or

(ii)

if there is no applicable Plan, the territorial authority in whose district the land is situated has agreed in writing that the land be compulsorily acquired by the Crown.

103 Notice of intention to take land

(1)

The Minister may acquire land compulsorily by publishing a notice of intention to take land in the name of the Crown in the Gazette and in a newspaper circulating in the area to which the notice relates, which notice must give—

(a)

a general description of the land required to be taken (including the name of and number in the road or some other readily identifiable description of the place where the land is situated); and

(b)

a description of the purpose for which the land is to be used.

(2)

The Minister must serve on the owner of, and persons with a registered interest in, the land a notice of intention to take the land in the form set out in Schedule 4, unless it is impracticable to do so.

(3)

The Minister must lodge a copy of the Gazette notice published under subsection (1) with the Registrar-General of Land, who must register it without fee against the computer register affected.

(4)

Any notice under this section may be withdrawn by the Minister, and, if it is withdrawn, a notice to that effect must be lodged with the Registrar-General of Land, who must register it without fee against the computer register to the land.

(5)

To avoid doubt, there is no right of objection to a notice of intention to take land.

(6)

A notice of intention to take land under this section ceases to have effect 3 years after the date of the publication of that notice in the Gazette unless, on or before the expiration of that period,—

(a)

a Proclamation taking the land has been published in the Gazette; or

(b)

the Minister has, by further notice in writing served on the owner of the land intended to be taken, and persons with a registered interest in the land, confirmed the intention of taking the land.

(7)

If the Minister has confirmed the intention of taking the land, the notice of intention so confirmed ceases to have effect unless, on or before the expiration of 2 years after the date of that confirmation, a Proclamation taking the land has been published in the Gazette.

Compare: 2011 No 12 s 54

104 Proclamation

(1)

If the Minister considers that land should be taken in the name of the Crown, the land intended to be taken may be taken in accordance with this section.

(2)

If necessary, a cadastral survey dataset showing accurately the position and extent of the land to be taken must be prepared and be lodged with the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Cadastral Survey Act 2002 for the purposes of that Act.

(3)

So long as the Gazette notice has been registered in accordance with section 103(3), the Minister may recommend that the Governor-General issue a Proclamation taking the land.

(4)

The Governor-General may, on the recommendation of the Minister, by Proclamation declare that the land described in it is taken in the name of the Crown.

(5)

Every Proclamation under this section must be published in the Gazette and in a newspaper circulating in the area to which the notice relates within 1 month after the date of its making, together with some readily identifiable description of the land taken, but a Proclamation is not invalidated by any error, defect, or delay in its publication under this section.

(6)

Unless otherwise provided in the Proclamation or in this Act or in any other Act, the land specified in a Proclamation under this section becomes absolutely vested in fee simple in the Crown and freed and discharged from all mortgages, charges, claims, estates, or interests of whatever kind, on the 14th day after the day on which the Proclamation is published in the Gazette.

(7)

If land is compulsorily acquired under this section, the Crown succeeds to all rights, entitlements, and benefits that the owner has or may have against—

(a)

the insurer of the land; or

(b)

the insurer of any building or other property on the land.

Compare: 2011 No 12 s 55

105 Proclamation to be registered

(1)

The Minister must lodge every Proclamation with the Registrar-General of Land, who must register it without fee against the computer register to the land.

(2)

If the land is not subject to the Land Transfer Act 1952, the Registrar-General of Land must enter the Proclamation in the index book of the Deeds Register Office and upon such registration the land becomes subject to the Land Transfer Act 1952.

(3)

An error in any Proclamation does not of itself prevent registration in respect of titles to land validly affected.

(4)

If land is not subject to the Land Transfer Act 1952 and dealings with it are not registrable under the Deeds Registration Act 1908, the Proclamation must be lodged with the Surveyor-General to be recorded in the cadastre.

(5)

To avoid doubt, the registration of a Proclamation does not result in the cancellation of the title affected.

Compare: 2011 No 12 s 56

106 Vacant possession

If the owner or occupier fails to give vacant possession of the land specified in a Proclamation under section 104 within 1 month following the publication of the Proclamation in the Gazette, the Minister may seek an order from the High Court directing the owner or occupier to give vacant possession.

Compare: 2011 No 12 s 57

Disposal of land

107 Disposal of land

(1)

Subject to the Minister’s approval, the chief executive may, if he or she thinks fit, in accordance with sections 108 and 109 if applicable, dispose of land held by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011.

(2)

When making a decision on the disposal of land under this section, the chief executive must have regard to any applicable Plan or the fact that a Regeneration Plan that may be applicable has been proposed.

(3)

To avoid doubt, except as provided in sections 108 and 109, nothing in sections 40 to 42 of the Public Works Act 1981 applies to the disposal of the land.

(4)

Nothing in section 11 applies to the disposal of land to which this section applies.

(5)

This section and sections 108 and 109 are subject to section 7(2).

(6)

In this section and sections 108 and 109, the granting of a lease of land that, including rights of renewal, is or could be for a term of more than 35 years is a disposal of the land.

108 Certain land to be disposed of under section 107 subject to offer back provisions in Public Works Act 1981

Any requirements to offer land back under the Public Works Act 1981 continue to apply to land to which section 107 applies if the land—

(a)

was declared in accordance with section 92(4) to be land held under this Act; or

(b)

was declared under section 53(5) of the Canterbury Earthquake Recovery Act 2011 to be land held under that Act.

109 Certain compulsorily acquired land to be disposed of under section 107 must be offered back

(1)

This section applies if land to which section 107 applies—

(a)

is land in greater Christchurch outside the Christchurch central city, or residential land in the Christchurch central city, that was compulsorily acquired under section 104; and

(b)

has not been used for the purpose for which it was acquired or for any other purpose under this Act; and

(c)

was not compulsorily acquired for the purpose of disposal or for purposes that included disposal.

(2)

Before disposing of the land, the chief executive must offer to sell the land by private contract to the person from whom it was acquired or that person’s successor—

(a)

at the current market value of the land as determined by a valuation carried out by a registered valuer; or

(b)

if the chief executive considers it reasonable to do so, at any lesser price.

(3)

Subsection (2) does not apply if—

(a)

the chief executive considers that—

(i)

to offer the land back would be impracticable, unreasonable, or unfair; or

(ii)

there has been a significant change in the character of the land in connection with the purpose for which it was acquired; or

(b)

the land is to be set apart for a public work under section 92(1).

(4)

Section 40(2A), (4), and (5) of the Public Works Act 1981 applies with all necessary modifications to an offer back under this section.

(5)

If any offer to sell land under subsection (2) has not been accepted within 20 working days of the receipt of the offer, this section ceases to apply and the land may be disposed of under section 107.

(6)

To avoid doubt, the disposal of land in the Christchurch central city other than residential land is not subject to this section or sections 40 to 42 of the Public Works Act 1981.

Compare: 2011 No 12 s 58

Subpart 3—Compensation under this Act

110 When this subpart applies

(1)

This subpart applies in respect of—

(a)

land compulsorily acquired under this Act or the Canterbury Earthquake Recovery Act 2011; and

(b)

compensation payable under section 83 or 84 of this Act or section 40 or 41 of the Canterbury Earthquake Recovery Act 2011.

(2)

This section is subject to clause 9 of Schedule 1.

Compare: 2011 No 12 s 60

111 Meaning of compensation

In this subpart, compensation

(a)

means compensation for actual loss; but

(b)

except as provided by this Act, does not include compensation for—

(i)

a loss by an insurer arising from a liability to indemnify:

(ii)

any part of a loss that is insured:

(iii)

a consequence of regulatory change arising from the operation of this Act causing loss:

(iv)

economic or consequential loss:

(v)

loss of personal property exceeding $20,000 in value:

(vi)

business interruption:

(vii)

any other loss that the Minister reasonably considers is unwarranted and unjustified.

Compare: 2011 No 12 s 61

112 Entitlement to compensation

A person who suffers loss resulting from a matter referred to in section 110 is entitled to compensation from the Crown.

Compare: 2011 No 12 s 62

113 Procedure for claiming compensation

(1)

A claim for compensation under this subpart must be lodged by sending or delivering to the chief executive a properly completed claim in a form provided by the chief executive.

(2)

The claim must be lodged within 2 years after the exercise of the power in question.

Compare: 2011 No 12 s 63

114 Minister determines compensation

(1)

The Minister must determine—

(a)

whether compensation is payable; and

(b)

the amount of compensation to be paid.

(2)

Compensation is determined,—

(a)

in the case of the compulsory acquisition of land, as at the date of the compulsory acquisition; and

(b)

in any other case, as at the date of the notice of demolition or the date of the loss or damage, as the case may be.

(3)

When determining the amount of compensation for the compulsory acquisition of land, the Minister must have regard to the matters in subsection (4), but is not limited to determining the amount of compensation on that basis alone.

(4)

The matters referred to in subsection (3) are—

(a)

the current market value of the land as determined by a valuation carried out by a registered valuer; and

(b)

the relevant provisions of Part 5 of the Public Works Act 1981.

(5)

Before making a final determination under subsection (1), the Minister must give a claimant a reasonable opportunity to appear before the Minister to make representations as to the nature of the claim and the amount of compensation payable.

(6)

A claimant may make representations under subsection (5) personally or through a representative (including a lawyer, accountant, or other expert).

Compare: 2011 No 12 s 64

115 Time for making determination

The Minister must ensure that any claim for compensation is determined within a reasonable time after the date on which the claim is lodged under section 113.

Compare: 2011 No 12 s 65

116 Exercise of power unaffected by claim for compensation

The exercise of the power giving rise to a claim for compensation under this subpart is unaffected by the making and determination of the claim and, in particular, must not be subject to any delay or other impediment dependent on resolution of the claim.

Compare: 2011 No 12 s 66

117 No compensation except as provided by this Act

Nothing in this Act, apart from this subpart or section 83 or 84, confers any right to compensation or is to be relied on in any proceedings as a basis for any claim to compensation.

Compare: 2011 No 12 s 67

Subpart 4—Appeal rights

118 Appeal

(1)

There is no right of appeal against a decision of the Minister or the chief executive acting, or purporting to act, under this Act, except as provided in sections 119 and 120.

(2)

A proceeding must not be brought, and a court must not hear any proceeding, that is in breach of this section.

(3)

To avoid doubt, there is no right of appeal, whether under this Act or the Resource Management Act 1991, against any decision under section 21, 26, 30, 31, 37, 38, 43, 47, 51, 52, 57, 58, 67, 69, 93, or 94.

Compare: 2011 No 12 s 68

119 Exceptions to exclusion of appeals

(1)

Any person referred to in subsection (2) may appeal to the High Court—

(a)

against a decision of a Minister under section 60(3); or

(b)

against a decision of a Minister under section 60(4); or

(c)

in respect of any dispute referred to in section 76; or

(d)

against a direction, or conditions given in relation to a direction, given under section 89(2); or

(e)

against a determination of compensation under section 114.

(2)

The persons who may appeal under subsection (1) are,—

(a)

in the case of an appeal under subsection (1)(a), the council, requiring authority, or heritage protection authority concerned:

(b)

in the case of an appeal under subsection (1)(b), Lyttelton Port Company Limited:

(c)

in the case of an appeal under subsection (1)(c), any adjoining owner who disputes the survey concerned or the lodgement of the caveat:

(d)

in the case of an appeal under subsection (1)(d), the property owner directed to act or the owner of an adjoining or adjacent property:

(e)

in the case of an appeal under subsection (1)(e), the claimant.

(3)

For the purposes of hearing an appeal under subsection (1), the court may appoint 1 or more suitably qualified persons (including an Environment Commissioner or other expert) to assist it by giving advice if the court considers that it is desirable to have expert assistance.

(4)

The advisers must give their advice in the manner that the court may direct during the proceeding on any question referred to them.

(5)

The advice is information provided to the court, and may be given the weight that the court thinks fit.

(6)

Any decision to which an appeal relates has full effect unless and until set aside by a court.

Compare: 2011 No 12 s 69

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

(1)

An appeal to the Court of Appeal may, with the leave of that court, be brought against a decision of the High Court in a case referred to in section 119 on a question of law or on any other question.

(2)

The decision of the Court of Appeal is final in the case of any appeal referred to in section 119(1)(a) to (d).

(3)

In the case of an appeal referred to in section 119(1)(e), an appeal from the Court of Appeal to the Supreme Court may be brought against a decision of the Court of Appeal on a question of law with the leave of the Supreme Court given under the Supreme Court Act 2003.

Compare: 2011 No 12 s 70

Subpart 5—Regenerate Christchurch

121 Establishment and status of Regenerate Christchurch

(1)

This section establishes Regenerate Christchurch.

(2)

Regenerate Christchurch—

(a)

is a body corporate; and

(b)

is accordingly a legal entity separate from its members, office holders, employees, the Crown, and Christchurch City Council; and

(c)

continues in existence until it is disestablished on the close of 30 June 2021.

Compare: 2004 No 115 s 15

122 Purpose and objectives of Regenerate Christchurch

(1)

Regenerate Christchurch’s purpose is to support a vibrant, thriving Christchurch that has economic, social, and lifestyle opportunities for residents, businesses, visitors, investors, and developers.

(2)

Regenerate Christchurch’s objectives are—

(a)

to lead regeneration in the area of Christchurch district that falls within greater Christchurch:

(b)

to engage and advocate effectively with communities, stakeholders, and decision makers to achieve its purpose:

(c)

to collaboratively work with others in achieving regeneration.

123 Functions of Regenerate Christchurch

The functions of Regenerate Christchurch are—

(a)

to develop visions, strategies, and Regeneration Plans to assist in achieving regeneration:

(b)

to make recommendations and to provide advice to the Minister on the development, revocation, and amendment of Plans under sections 28 to 39 and 49 to 59 and the exercise of powers under section 71:

(c)

to facilitate increased investment:

(d)

to provide advice to Ōtākaro Limited, Development Christchurch Limited, and others on the regeneration outcomes being sought:

(e)

to comment on regeneration outcomes and interventions, and the contribution of Ōtākaro Limited and Development Christchurch Limited:

(f)

to provide independent advice on regeneration activities to Christchurch City Council and to the Minister.

124 Powers of Regenerate Christchurch

(1)

Regenerate Christchurch has full capacity and all the powers reasonably necessary to achieve its purpose and objectives and to perform its functions.

(2)

In performing its functions, Regenerate Christchurch must not act inconsistently with—

(a)

this Act; and

(b)

any Plan; and

(c)

any other lawful requirement.

125 Area of Regenerate Christchurch

Regenerate Christchurch may perform and exercise its functions and powers in relation to the area of Christchurch district that falls within greater Christchurch.

Board of Regenerate Christchurch

126 Board’s role

(1)

The board is the governing body of Regenerate Christchurch, with the authority, in Regenerate Christchurch’s name, to exercise the powers and perform the functions of Regenerate Christchurch.

(2)

All decisions relating to the operation of Regenerate Christchurch must be made by, or under the authority of, the board in accordance with this subpart and Schedule 5.

(3)

Except as provided in this subpart or Schedule 5, the board may determine its own procedure.

Compare: 2004 No 115 s 25

127 Membership of board

(1)

The board comprises 7 members, as follows:

(a)

3 members appointed by Christchurch City Council; and

(b)

4 members appointed by the Minister.

(2)

In making an appointment, an appointer must consider whether the proposed member has the skills, knowledge, or experience to—

(a)

participate effectively in the board; and

(b)

contribute to achieving the purpose and objectives of Regenerate Christchurch.

(3)

The Minister must ensure that 1 member of the board appointed by the Minister under subsection (1)(b) is a person nominated for appointment by Te Rūnanga o Ngāi Tahu.

(4)

An appointer may appoint a member to the board for any period of time (provided that the period ends on or before 30 June 2021).

(5)

This section is subject to Part 1 of Schedule 5.

128 Chairperson of board

(1)

The Minister must appoint a member as the chairperson of the board for the period ending on the close of 30 June 2019.

(2)

Christchurch City Council must appoint a member as the chairperson of the board for the period beginning on 1 July 2019 and ending on the close of 30 June 2021.

Further provisions relating to Regenerate Christchurch

129 Further provisions relating to Regenerate Christchurch

The provisions in Schedule 5 have effect in relation to Regenerate Christchurch.

130 Role of Christchurch City Council and Minister

(1)

The role of Christchurch City Council and the Minister is to—

(a)

oversee and manage Christchurch City Council’s and the Crown’s interests in, and relationship with, Regenerate Christchurch; and

(b)

perform the functions and exercise the powers set out in this subpart and in Schedule 5, including those functions and powers relating to—

(i)

appointing and removing members under section 127 and Part 1 of Schedule 5:

(ii)

setting Regenerate Christchurch’s strategic direction and performance expectations, including by—

(A)

engaging with Regenerate Christchurch on the preparation of its statement of intent and statement of performance expectations:

(B)

producing a letter of expectations under section 131:

(C)

commenting on Regenerate Christchurch’s draft statement of intent and draft statement of performance expectations under Part 2 of Schedule 5:

(D)

directing Regenerate Christchurch to amend its final statement of intent or final statement of performance expectations under section 132:

(iii)

reviewing the performance of Regenerate Christchurch under Part 2 of Schedule 5.

(2)

Christchurch City Council and the Minister may agree on how they will exercise their respective roles and responsibilities in relation to Regenerate Christchurch.

131 Letter of expectations

(1)

Christchurch City Council and the Minister may provide a letter of expectations that sets out their expectations of Regenerate Christchurch’s strategic direction and their specific priorities.

(2)

Christchurch City Council and the Minister must endeavour to produce any letter of expectations jointly.

(3)

However, the Minister may provide a letter of expectations to Regenerate Christchurch on behalf of both parties if—

(a)

Christchurch City Council or the Minister has given notice to the other party that they are unable to agree on a joint letter of expectations; and

(b)

30 working days after notice has been given under paragraph (a),—

(i)

Christchurch City Council and the Minister remain unable to agree on a joint letter of expectations; and

(ii)

the Minister considers that it is unlikely that agreement will be reached within a reasonable period of time.

(4)

If a letter of expectations is provided under this section, Regenerate Christchurch must consider the letter of expectations when preparing its statement of intent and statement of performance expectations.

132 Direction to amend statement of intent or statement of performance expectations

(1)

Christchurch City Council and the Minister may agree to direct Regenerate Christchurch to amend—

(a)

any provision that is included in Regenerate Christchurch’s final statement of intent under clause 50(1) or (2)(a), (b), (d), or (e) of Schedule 5:

(b)

any provision of Regenerate Christchurch’s final statement of performance expectations, excluding the forecast financial statements included under clause 58 of Schedule 5.

(2)

Christchurch City Council and the Minister must consult Regenerate Christchurch before giving a direction.

(3)

The direction must be given in writing.

(4)

Regenerate Christchurch must comply with the direction.

(5)

The amendment to the statement of intent or statement of performance expectations, as specified in the direction, is in force from the effective date of the direction.

(6)

As soon as practicable after a direction has been given under this section, the Minister must present a copy of it to the House of Representatives.

(7)

Clauses 50(3) and 52 of Schedule 5 apply to a statement of intent amended under this section.

(8)

Clauses 57(3)(b) and (c) and 60 of Schedule 5 apply to a statement of performance expectations amended under this section.

133 Acts done before commencement

(1)

This section applies to acts done before the commencement of this subpart (including acts done before the enactment of this subpart).

(2)

An act is valid if it is done—

(a)

in accordance with the provisions of this subpart or Schedule 5; and

(b)

to facilitate the establishment of Regenerate Christchurch.

(3)

This section does not limit section 11 of the Interpretation Act 1999.

134 Successor organisation

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, approve a successor organisation to which assets and liabilities of Regenerate Christchurch may be transferred in accordance with section 140.

(2)

The successor organisation must—

(a)

be a council-controlled organisation that is owned or controlled by Christchurch City Council; and

(b)

be nominated for the purpose by Christchurch City Council.

(3)

Section 56 of the Local Government Act 2002 does not apply to the establishment of the successor organisation.

135 Regenerate Christchurch’s income exempt from income tax

Income derived by Regenerate Christchurch is exempt income for the purposes of the Income Tax Act 2007.

136 Application of certain Acts

The following Acts apply to Regenerate Christchurch:

Subpart 6—Transfer of assets, liabilities, and land

137 Interpretation in this subpart

In this subpart,—

assets means property of any kind, but excludes land

liabilities includes—

(a)

liabilities and obligations under any Act or agreement; and

(b)

contingent liabilities

third party, in relation to an asset or liability, means a party that has an interest, a right, or an obligation in relation to the asset or liability.

138 Regenerate Christchurch may transfer assets and liabilities

(1)

Regenerate Christchurch may, under an agreement with a transferee, transfer any assets and liabilities of Regenerate Christchurch to the transferee under this section.

(2)

An agreement under this section has no effect until it is approved by Christchurch City Council and the Minister.

(3)

An agreement under this section must provide that any transfer provided for in the agreement takes place—

(a)

no earlier than the date on which the agreement is presented to the House of Representatives in accordance with section 139; and

(b)

no later than the close of 30 June 2021.

(4)

Any of the following may be a transferee for the purposes of subsection (1):

(a)

Christchurch City Council:

(b)

a council organisation:

(c)

Ōtākaro Limited:

(d)

a department specified in Schedule 1 of the State Sector Act 1988.

139 Notice of transfer

(1)

The Minister must present an agreement referred to in section 138 to the House of Representatives within 12 sitting days after the date on which the agreement is entered.

(2)

Regenerate Christchurch must provide any agreement it enters into under section 138 to the Minister as soon as practicable after the agreement is entered into, in order that the Minister can comply with subsection (1).

(3)

The presentation of an agreement in accordance with subsection (1) is to be treated as notice of the transfer and any third party must, after the date specified in the agreement for the transfer, deal with the transferee in place of the transferor.

140 Residual assets and liabilities transferred to successor organisation

(1)

Any asset or liability that, immediately before 1 July 2021, belongs to Regenerate Christchurch (and that is not subject to an agreement under section 138) is, on and from 1 July 2021, an asset or a liability of the successor organisation.

(2)

If an asset or a liability is transferred to the successor organisation under subsection (1), the successor organisation must, as soon as practicable after 1 July 2021, notify any third party of the transfer.

(3)

Any third party must, on and from 1 July 2021, deal with the successor organisation in place of Regenerate Christchurch.

141 Transfer of Crown agreements, etc

(1)

The Minister or chief executive may transfer to a party specified in subsection (2) any of the Crown’s rights, obligations, or liabilities under any agreement or undertaking entered into by the Crown for any purpose of the Canterbury Earthquake Recovery Act 2011 or this Act.

(2)

The parties are—

(a)

a council:

(b)

a council organisation:

(c)

Regenerate Christchurch.

(3)

Rights, obligations, or liabilities may be transferred under this section only if the transferee has agreed to accept the rights, obligations, or liabilities.

(4)

A transfer under this section is made by notice in writing delivered to the transferee and every other party to the agreement or undertaking.

(5)

From the date of transfer, any rights, obligations, or liabilities transferred under this section—

(a)

cease to be the rights, obligations, or liabilities of the Crown; and

(b)

become the rights, obligations, or liabilities of the transferee.

(6)

Nothing in section 11 applies to a transfer under this section.

Compare: 2011 No 12 s 87

142 Transfer of Crown assets, liabilities, and land to Ōtākaro Limited

(1)

The Minister or the chief executive may transfer to Ōtākaro Limited—

(a)

any of the Crown’s assets and liabilities (including, without limitation, in relation to any authorisation or consent of any kind and any of the Crown’s rights, obligations, or liabilities under any agreement or undertaking entered into by the Crown for any purpose of the Canterbury Earthquake Recovery Act 2011 or this Act):

(b)

any land held by the Crown under the Canterbury Earthquake Recovery Act 2011 or this Act.

(2)

Assets, liabilities, or land may be transferred under this section only if Ōtākaro Limited has agreed to accept the assets, liabilities, or land.

(3)

A transfer of land under this section is subject to the chief executive being satisfied that any requirements under the Canterbury Earthquake Recovery Act 2011 or this Act to offer the land back before its disposal have been complied with.

(4)

A transfer of assets and liabilities under this section is made by notice in writing delivered to Ōtākaro Limited and any third party.

(5)

From the date of transfer, any assets or liabilities transferred under this section—

(a)

cease to be the assets or liabilities of the Crown; and

(b)

become the assets or liabilities of Ōtākaro Limited.

(6)

Nothing in section 11 applies to a transfer under this section.

Transfer of designations to Ōtākaro Limited

143 Transfer of designations to Ōtākaro Limited

(1)

In this section,—

designation means any of designations H1 to H10 described in Chapter 10 of the district plan

district plan means the replacement district plan prepared under the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014

Minister means the Minister for Canterbury Earthquake Recovery

(2)

If the Minister transfers financial responsibility for a project to Ōtākaro Limited, the benefit of any designation that is relevant to the project is transferred to Ōtākaro Limited.

(3)

The Minister must advise the Minister for the Environment and Christchurch City Council that the designation is transferred to Ōtākaro Limited and, for the purposes of section 175(2)(b) of the RMA, Christchurch City Council must, as soon as practicable and without using the process in Schedule 1 of the RMA, note the transfer in the district plan.

(4)

Sections 176, 176A, 177, 179, 180, 181, 182, and 184 of the RMA apply, with any necessary modifications, to Ōtākaro Limited in relation to a designation transferred under this section as if Ōtākaro Limited were a requiring authority within the meaning of section 166 of the RMA.

(5)

Nothing in section 11 applies to a transfer under this section.

Transfer does not affect rights, etc

144 Transfer does not affect rights, etc

Nothing effected or authorised by a transfer under this subpart—

(a)

may be regarded as placing any person in breach of an agreement or a confidence or as otherwise making any person liable for a civil wrong; or

(b)

may be regarded as giving rise to a right for any person to terminate or cancel an agreement, or to accelerate the performance of any obligation; or

(c)

may be regarded as placing any person in breach of an enactment, a rule of law, or a provision of an agreement prohibiting, restricting, or regulating the assignment or transfer of property or the disclosure of information; or

(d)

releases a surety wholly or in part from any obligation; or

(e)

invalidates or discharges any agreement.

Subpart 7—Miscellaneous provisions

145 Protection from liability

(1)

Except as otherwise provided in this Act, no action lies against the Crown, or an officer or employee or a Minister of the Crown, or against any other person,—

(a)

to recover any damages or other amount for any loss, damage, or adverse effect that is due directly or indirectly to any action taken under this Act; or

(b)

to require any work to be carried out or other action to be taken in order to remedy or mitigate any loss, damage, or adverse effect that results directly or indirectly from any action taken under this Act.

(2)

No person who takes any action under this Act is liable under the Resource Management Act 1991 for any fine, costs, or expenses in respect of that action, except as otherwise provided in this Act.

(3)

Subsection (1) applies whether the loss, damage, or adverse effect is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or performance, or intended exercise or intended performance, of his or her functions, duties, or powers under this Act.

(4)

No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.

(5)

If, under this Act, the Minister or the chief executive becomes a party to any agreement entered into by a council for the purposes of carrying out demolition or other works, the Minister or chief executive is entitled to the full benefit of any provision in the agreement that limits or excludes any liability of the council (such as liability for damage caused by, or for the costs of, demolition work) under the agreement.

(6)

If a council assumes any liability of the Minister or chief executive in relation to demolition or other works under this Act, the council is entitled to the full benefit of any provision in an agreement that limits or excludes any liability of the Minister or the chief executive (such as liability for damage caused by, or for the costs of, demolition work) under the agreement.

(7)

In this section, references to this Act include Orders in Council made under or continued by this Act.

Compare: 2011 No 12 s 83

Repeal of Canterbury Earthquake Recovery Act 2011 and related matters

146 Repeal, revocations, and validation

(1)

The Canterbury Earthquake Recovery Act 2011 (2011 No 12) is repealed.

(2)

Each Order in Council specified in Schedule 6 and made under section 71 of that Act or continued by section 89(2) of that Act is revoked.

(3)

The following are revoked:

(a)

Recovery Strategy for Greater Christchurch, Mahere Haumanutanga o Waitaha (published in the Gazette 2012 at p 1746):

(b)

Transition Recovery Plan (notified in the Gazette on 22 October 2015, 2015-go6191).

Compare: 2011 No 12 s 89

147 Continuation, amendment, and validation of certain Orders in Council

(1)

Each Order in Council specified in Schedule 7 and made under section 71 of the Canterbury Earthquake Recovery Act 2011 or continued by section 89(2) of that Act—

(a)

continues in force:

(b)

is amended in the manner specified in Schedule 7:

(c)

may be revoked in accordance with section 148.

(2)

Despite section 8,—

(a)

the Canterbury Earthquake (Social Security Act) Order (No 2) 2010 continues to apply to the specified area (within the meaning of clause 4(1) of that order):

(b)

the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 continues to apply to the Christchurch district (within the meaning of clause 3 of that order).

(3)

An order continued by subsection (1)—

(a)

is declared to have been lawfully made and to be and always have been valid; and

(b)

must not be held invalid because—

(i)

it is, or authorises any act or omission that is, inconsistent with any other Act; or

(ii)

it confers any discretion on, or allows any matter to be determined or approved by, any person.

(4)

An order continued by subsection (1) has the force of law as if it were enacted as a provision of this Act.

148 Power to revoke Orders in Council continued by section 147

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, revoke an Order in Council continued by section 147.

(2)

Before making a recommendation under subsection (1), the Minister must, in addition to meeting the requirements of section 11, have regard to the views of the strategic partners.

149 Application of Legislation Act 2012

(1)

Despite section 147(4), an Order in Council continued by section 147 or made under section 148 is a disallowable instrument for the purposes of the Legislation Act 2012.

(2)

An Order in Council made under section 148 must be presented to the House of Representatives under section 41 of that Act.

Annual review

150 Annual review of Act

(1)

The Minister must, within 12 months after the commencement of this subpart and once in every 12-month period after that, commission an annual review of the operation and effectiveness of this Act.

(2)

The person or persons conducting the review must prepare for the Minister a report on the review.

(3)

The report must include—

(a)

a description of powers exercised by or on behalf of a Minister or a chief executive under this Act during the period reported on:

(b)

any recommendations for amendments to this Act.

(4)

The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.

Compare: 2011 No 12 ss 88, 92

Repeal, amendments, and revocations

151 Repeal of this Act and revocations

(1)

This Act, except for section 1 and subpart 6 of Part 2, is repealed on the close of 30 June 2021.

(2)

Section 1 and subpart 6 of Part 2 are repealed at the close of 30 June 2022.

(3)

At the close of 30 June 2021, every Order in Council continued by section 147 that is in force is revoked.

Compare: 2011 No 12 s 93

152 Consequential amendments and revocation

(1)

Amend the enactments specified in Part 1 of Schedule 8 as set out in that schedule.

(2)

The order specified in Part 2 of Schedule 8 is revoked.

Schedule 1 Transitional, savings, and related provisions

s 5

Part 1 Provisions relating to Act as enacted

Subpart 1—Provisions having effect on and from day after Royal assent

1 Authorities granted under Canterbury Earthquake (Historic Places Act) Order 2011

(1)

In this clause,—

authority means an emergency authority or a general emergency authority granted under the HPA Order

(2)

An authority that is granted before the commencement of this clause, and that has not expired on the commencement of this clause, expires on the close of 30 June 2021.

(3)

An authority that is granted after the commencement of this clause expires on the close of 30 June 2021, unless an earlier date is specified by the authority.

(4)

Subclauses (2) and (3) apply—

(a)

despite clause 12(2)(b) of the HPA Order; and

(b)

subject to the outcome of any appeal lodged in accordance with clause 15 of the HPA Order.

(5)

An authority to which subclause (2) or (3) applies that is granted in respect of a site that is outside greater Christchurch (as that term is defined in section 4 of this Act) continues to apply to that site until the authority expires in accordance with this clause.

(6)

Subclause (5) applies despite section 8 of this Act.

Subpart 2—Provisions having effect on and from 19 April 2016

2 Provisions in this subpart have effect on and from 19 April 2016

The provisions of this subpart have effect on and from 19 April 2016.

3 Recovery Strategy

(1)

Despite the revocation of the Canterbury Earthquake (Recovery Strategy Approval) Order 2012 (Gazette 2012, p 1745) and the Recovery Strategy for Greater Christchurch, Mahere Haumanutanga o Waitaha (Gazette 2012, p 1746) (the recovery strategy), the recovery strategy is to be treated as remaining in force for the purposes of—

(b)

the Waimakariri Residential Red Zone Recovery Plan.

(2)

The following must not be inconsistent with the recovery strategy:

(a)

the replacement district plan prepared under the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014:

(b)

the Waimakariri Residential Red Zone Recovery Plan.

4 Recovery Plan

Despite the repeal of the Canterbury Earthquake Recovery Act 2011, sections 16, 18, 19, 20, and 21 of that Act are to be treated as remaining in force for the purposes of the development of the Waimakariri Residential Red Zone Recovery Plan.

5 Recovery of costs of, and claims in respect of, demolition of buildings

The repeal of the Canterbury Earthquake Recovery Act 2011 does not limit or affect the recovery of costs under section 40(1)(b) of that Act or the bringing or completion of any claim under section 40(2) or (3) of that Act.

6 Temporary buildings

Any temporary building erected under section 44 of the Canterbury Earthquake Recovery Act 2011 (including any temporary building treated under section 44(1)(b) as authorised by that section) must be treated as if it had been erected under section 85 of this Act.

7 Restrictions and prohibitions on access

Any restrictions or prohibitions on access imposed under section 45 of the Canterbury Earthquake Recovery Act 2011 are treated as having been imposed under section 86 or 87 of this Act.

8 Compulsory acquisition of land

(1)

Any notice of intention published under section 54 of the Canterbury Earthquake Recovery Act 2011 that, as at the commencement of subpart 2 of Part 2, has not expired or been withdrawn is to be treated for the purpose of this Act as having been published under section 103 of this Act.

(2)

Any proclamation made under section 55 of the Canterbury Earthquake Recovery Act 2011 is, for the purpose of section 105 (if it is not yet registered) and sections 106 and 109 and all other provisions of this Act, to be treated as if it had been made under section 104 of this Act.

(3)

A notice or proclamation to which this clause applies is treated as if it had been published in the Gazette on the date on which it was in fact published under the Canterbury Earthquake Recovery Act 2011.

9 Compensation claims to be continued under Canterbury Earthquake Recovery Act 2011

Any claim for compensation made under section 63 of the Canterbury Earthquake Recovery Act 2011 that, as at the commencement of subpart 3 of Part 2, has been made but not completed must be completed as if this Act had not been enacted.

Subpart 3—Application of Interpretation Act 1999

10 Application of Interpretation Act 1999

Nothing in this Part affects or limits the application of the Interpretation Act 1999.

Schedule 2 Description of greater Christchurch

s 4

1 Description of greater Christchurch

The area of greater Christchurch comprises—

(a)

the following wards:

(i)

Rangiora Ward (5903):

(ii)

Kaiapoi Ward (5904):

(iii)

Shirley–Papanui Ward (6001):

(iv)

Fendalton–Waimairi Ward (6002):

(v)

Burwood–Pegasus Ward (6003):

(vi)

Riccarton–Wigram Ward (6004):

(vii)

Hagley–Ferrymead Ward (6005):

(viii)

Spreydon–Heathcote Ward (6006):

(ix)

Selwyn Central Ward (6202):

(x)

Springs Ward (Excludes all of Lake Ellesmere) (6204):

(b)

the following area units:

(i)

Mandeville (586603):

(ii)

Ohoka (586604):

(iii)

Waikuku (586112):

(iv)

Woodend (586120):

(v)

Pegasus (586124):

(vi)

Woodend Beach (586126):

(vii)

Coldstream (586127):

(viii)

Ravenswood (586128):

(ix)

Tuahiwi (586129):

(x)

Woodend West (586130):

(xi)

Lyttelton (596400):

(xii)

Governors Bay (596503):

(xiii)

Quail Island (596504):

(xiv)

Inlet–Port Lyttelton (625101):

(c)

the following meshblocks:

(i)

2711101:

(ii)

2711102:

(iii)

2711200:

(iv)

2711301:

(v)

2711302:

(vi)

2711900:

(vii)

2712001:

(viii)

2712002:

(ix)

2712003:

(x)

2712004:

(xi)

2712005:

(xii)

2712410:

(xiii)

2712415:

(xiv)

2712419:

(xv)

2712420:

(xvi)

2712421:

(xvii)

2712422:

(xviii)

2712425:

(d)

that part of meshblock 2712426 that is north of a line—

(i)

commencing at a point on the boundary of that meshblock at Adderley Head (at −43.604, 172.826); then

(ii)

proceeding in a straight line in a north-easterly direction to a point on the outer limit of the territorial sea (at −43.424, 172.989).

2 Meaning of ward, area unit, and meshblock

In clause 1, a reference to a ward, area unit, or meshblock is a reference to a ward, area unit, or meshblock determined by Statistics New Zealand and described in the 2013 Census meshblock dataset.

3 Map of greater Christchurch

(1)

The following map is indicative only, and if there is any inconsistency between the map, subclause (2), and the description in clause 1, the description in clause 1 prevails.

(2)

The area of greater Christchurch is the area of the map that is shaded dark grey and bordered by a thick black line, and includes the adjacent coastal marine area within that line.

Map of greater Christchurch

Schedule 3 Description of Christchurch residential red zone

s 13

1 Description of Christchurch residential red zone

For the purposes of subpart 1 of Part 2, the Christchurch residential red zone comprises all land in the Christchurch district in respect of which the Crown made an offer to purchase because, as a consequence of the Canterbury earthquakes, the area suffered severe land damage or was affected by rock-roll or cliff collapse.

2 Maps of Christchurch residential red zone

(1)

The following maps are indicative only, and if there is any inconsistency between the maps, subclause (2), and the description in clause 1, the description in clause 1 prevails.

(2)

The area of the Christchurch residential red zone is the area shaded dark grey in the following 2 maps.

Map 1—Christchurch residential red zone

Map 1—Christchurch residential red zone

Map 2—Christchurch residential red zone

Map 2—Christchurch residential red zone

Schedule 4 Form

s 103

Form Notice of intention to take land for [description of purpose] in [name of district]

To [full name, address]

Take notice that—

1

The Minister [describe portfolio] proposes to take under the Greater Christchurch Regeneration Act 2016 your interest in the land described in the Schedule of this notice.

2

The land is required for [describe purpose] and it is intended to use the land for [describe purposes for which the land is to be used].

3

A plan of the land intended to be taken is attached.

Reasons for taking land
4

The reasons why the Minister [describe portfolio] considers it necessary to take your interest in the land are as follows: [state reasons].

Your right to compensation
5

This notice relates to the taking of your interest in the land and not to your right to compensation. Under the Greater Christchurch Regeneration Act 2016, you are entitled to compensation if your interest in the land is taken. You have the opportunity to make representations as to the nature of the claim for compensation and the amount of compensation payable.

Warning

This notice concerns your rights over the land referred to. If you are in any doubt about its effect, you should obtain legal advice immediately.

Do not delay.

Schedule

[Name] Land district

[Describe the land required to be taken, including the postal address or some other readily identifiable description of the place where the land is situated. Add legal description of land.]

Date:

[Signature]

(for Minister [specify portfolio])

Schedule 5 Provisions applying in relation to Regenerate Christchurch

s 129

Contents

1Validity of acts
2Qualification of members
3Quorum
4Validity of members’ acts
5Removal of members
6Vacancies
7Members’ remuneration and expenses
8Regenerate Christchurch must act consistently with purpose, objectives, functions, statement of intent, and statement of performance expectations
9Manner in which functions must be performed
10Regenerate Christchurch must operate in financially responsible manner
11Subsidiaries and other interests
12Duty to comply with this Act
13Duty to act with honesty and integrity
14Duty to act in good faith and not at expense of Regenerate Christchurch’s interests
15Duty to act with reasonable care, diligence, and skill
16Duty not to disclose information
17Accountability for collective board duties
18Accountability for individual duties
19Court actions requiring or restraining board or members
20When members may rely on certain information and advice
21When interests must be disclosed
22Obligation to disclose interest
23Who disclosure of interests must be made to
24What must be disclosed
25Consequences of being interested in matter
26Consequences of failing to disclose interest
27Permission to act despite being interested in matter
28Regenerate Christchurch may avoid certain acts done in breach of conflict of interest rules
29What is fair value
30Onus of proving fair value
31Effect of avoidance on third parties
32Ability to delegate
33Powers of delegate
34Effect of delegation
35Revocations of delegations
36Employment of chief executive
37Regenerate Christchurch to be good employer
38Definitions for protections from liability
39Protections from liabilities of Regenerate Christchurch
40Immunity from civil liability
41Indemnities in relation to excluded act or omission
42Insurance for liability of member, office holder, or employee
43Breach of indemnity and insurance limits
44Members, office holders, and employees are officials
45Method of contracting, attorneys, and address for service
46Power to request information
47Interpretation for this Part
48Purpose of statement of intent
49Obligation to prepare statement of intent
50Content of statement of intent
51Process for providing statement of intent to Christchurch City Council and Minister
52Obligation to publish and present statement of intent
53Amendments to final statement of intent
54Purpose of statement of performance expectations
55Obligation to prepare statement of performance expectations
56Initial statement of performance expectations
57Content of statement of performance expectations
58Forecast financial statements
59Process for providing statement of performance expectations to Christchurch City Council and Minister
60Obligation to publish and present statement of performance expectations
61Amendments to statement of performance expectations
62Obligation to prepare, present, and publish annual report
63Form and content of annual report
64Disclosure of payments in respect of members, committee members, and employees
65Form and content of statement of performance
66Annual financial statements
67Statement of responsibility
68Audit report
69Final annual report of Regenerate Christchurch
70Restrictions on acquisition of financial products, borrowing, guarantees, indemnities, and derivatives
71Liability for debts

Part 1 General provisions

Validity of acts

1 Validity of acts

Sections 19 to 24 of the Crown Entities Act 2004 apply to Regenerate Christchurch (as if Regenerate Christchurch were a Crown entity) subject to the following modifications:

(a)

the reference in section 21(a) of that Act to section 60 of that Act must be read as a reference to clause 19 of this schedule:

(b)

the reference in section 21(e) of that Act to section 69 of that Act must be read as a reference to clause 28 of this schedule.

Compare: 2004 No 115 ss 19–24

Board of Regenerate Christchurch

2 Qualification of members

(1)

A natural person who is not disqualified by this clause may be a member.

(2)

Each of the following persons is disqualified from being a member:

(a)

a person who is an undischarged bankrupt:

(b)

a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:

(c)

a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988:

(d)

a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on the person’s—

(i)

competence to manage his or her own affairs in relation to his or her property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare:

(e)

a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person:

(f)

a member of Parliament:

(g)

a member of Christchurch City Council.

(3)

A member ceases to hold office if he or she becomes disqualified from being a member under any of paragraphs (a) to (g) of subclause (2).

Compare: 2004 No 115 s 30

3 Quorum

The quorum for a meeting of the board is 4 members of the board.

4 Validity of members’ acts

The acts of a person as a member or as the chairperson of the board are valid even though—

(a)

a defect existed in the appointment of the person; or

(b)

the person is or was disqualified from being a member under clause 2.

Compare: 2004 No 115 s 34

5 Removal of members

(1)

An appointer may, at any time and for any reason that in the appointer’s opinion justifies the removal, remove a member appointed by the appointer from office.

(2)

However, before removing the member from office, the appointer must consult the other appointer.

(3)

If Christchurch City Council and the Minister agree, they may, at any time and for any reason that in their opinion justifies the removal, remove the chairperson from that role.

(4)

The removal of a member from office or of the chairperson from that role must be made by written notice to the member or the chairperson (with a copy to Regenerate Christchurch).

(5)

The notice must—

(a)

state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and

(b)

state the reasons for the removal.

(6)

The appointer must notify the removal of a member from office in the Gazette as soon as practicable after giving the notice.

(7)

The Minister must notify the removal of the chairperson from that role in the Gazette as soon as practicable after giving the notice.

(8)

A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.

Compare: 2004 No 115 s 37

6 Vacancies

(1)

If a member is removed, or resigns, or is disqualified under clause 2, or if the office of a member otherwise becomes vacant, there is a vacancy on the board.

(2)

A vacancy must be filled in the same manner as the appointment giving rise to the vacancy was made.

(3)

The ability of the board to perform its functions is not affected by—

(a)

a vacancy; or

(b)

a failure by an appointer to make an appointment or a replacement appointment.

Members’ remuneration and expenses

7 Members’ remuneration and expenses

(1)

Each member of the board is entitled, in accordance with the fees framework,—

(a)

to receive, from the funds of Regenerate Christchurch, remuneration for services as a member at a rate and of a kind determined by the Minister and Christchurch City Council; and

(b)

to be reimbursed, from the funds of Regenerate Christchurch, for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.

(2)

For the purposes of subclause (1), fees framework has the same meaning as in section 10 of the Crown Entities Act 2004.

Compare: 2004 No 115 ss 47, 48

Collective duties of board

8 Regenerate Christchurch must act consistently with purpose, objectives, functions, statement of intent, and statement of performance expectations

The board must ensure that Regenerate Christchurch acts in a manner consistent with its purpose, objectives, and functions, and its current statement of intent and current statement of performance expectations under Part 2.

Compare: 2004 No 115 s 49

9 Manner in which functions must be performed

The board must ensure that Regenerate Christchurch performs its functions—

(a)

efficiently and effectively; and

(b)

in a manner consistent with the spirit of service to the public; and

(c)

in collaboration with other public entities (within the meaning of that term in the Public Audit Act 2001) where practicable.

Compare: 2004 No 115 s 50

10 Regenerate Christchurch must operate in financially responsible manner

(1)

The board must ensure that Regenerate Christchurch operates in a financially responsible manner and, for this purpose, that it—

(a)

prudently manages its assets and liabilities; and

(b)

endeavours to ensure—

(i)

its long-term financial viability; and

(ii)

that it acts as a successful going concern.

(2)

Section 158 of the Crown Entities Act 2004 (relating to bank accounts of Crown entities) applies to Regenerate Christchurch as if Regenerate Christchurch were a Crown entity.

Compare: 2004 No 115 s 51

11 Subsidiaries and other interests

The board must ensure that Regenerate Christchurch acquires or forms a subsidiary only after it has given notice of its intention to do so to Christchurch City Council and the Minister.

Compare: 2004 No 115 s 96

Individual duties of members

12 Duty to comply with this Act

A member of the board must not contravene, or cause the contravention of, or agree to Regenerate Christchurch contravening, this Act.

Compare: 2004 No 115 s 53

13 Duty to act with honesty and integrity

A member of the board must, when acting as a member, act with honesty and integrity.

Compare: 2004 No 115 s 54

14 Duty to act in good faith and not at expense of Regenerate Christchurch’s interests

A member of the board must, when acting as a member, act in good faith and not pursue his or her own interests at the expense of Regenerate Christchurch’s interests.

Compare: 2004 No 115 s 55

15 Duty to act with reasonable care, diligence, and skill

A member of the board must, when acting as a member, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—

(a)

the nature of Regenerate Christchurch; and

(b)

the nature of the action; and

(c)

the position of the member and the nature of the responsibilities undertaken by him or her.

Compare: 2004 No 115 s 56

16 Duty not to disclose information

(1)

A member of the board who has information in his or her capacity as a member that would not otherwise be available to him or her must not disclose that information to any person, or make use of, or act on, that information, except—

(a)

in the performance of Regenerate Christchurch’s functions; or

(b)

as required or permitted by law; or

(c)

in accordance with subclause (2); or

(d)

in complying with the requirements for members to disclose interests.

(2)

A member may disclose, make use of, or act on the information if—

(a)

the member is first authorised to do so by the board; and

(b)

the disclosure, use, or act in question will not, or will be unlikely to, prejudice Regenerate Christchurch.

Compare: 2004 No 115 s 57

Effect of non-compliance with duties

17 Accountability for collective board duties

(1)

The duties of the board and members of the board under clauses 8 to 11 (collective duties) are duties owed to the Minister and to Christchurch City Council.

(2)

If a board does not comply with any of its collective duties, all or any of the members may be removed from office (subject to any requirements in clause 5 that are applicable to the member).

(3)

However, subclause (2) does not apply to a member if—

(a)

he or she did not know and could not reasonably be expected to know that the duty was to be or was being breached; or

(b)

he or she took all reasonable steps in the circumstances to prevent the duty being breached.

(4)

The taking of reasonable steps does not require a member to apply to a court for an order under clause 19.

(5)

A member is not liable for a breach of a collective duty under this Act.

(6)

However, subclause (5) does not limit subclause (2).

(7)

This clause does not affect any other ground for removing a member from office.

(8)

Subclause (5) does not affect—

(a)

anything else for which the member may be liable under any other Act or rule of law arising from the act or omission that constitutes the breach; or

(b)

the right to apply for a court order under clause 19.

Compare: 2004 No 115 s 58

18 Accountability for individual duties

(1)

The duties of the members of the board under clauses 12 to 16 (individual duties) are duties owed to the Minister, Christchurch City Council, and Regenerate Christchurch.

(2)

If a member does not comply with his or her individual duties, that member may be removed from office (subject to any requirements in clause 5 that are applicable to the member).

(3)

Regenerate Christchurch may bring an action against a member for breach of any individual duty.

(4)

Except as provided in subclauses (2) and (3), a member is not liable for a breach of an individual duty under this Act.

(5)

This clause does not affect any other ground for removing a member from office.

(6)

Subclause (4) does not affect—

(a)

anything else for which the member may be liable under any other Act or rule of law arising from the act or omission that constitutes the breach; or

(b)

the right to apply for a court order under clause 19.

Compare: 2004 No 115 s 59

19 Court actions requiring or restraining board or members

(1)

The Minister, Christchurch City Council, or a member of the board may apply to a court for an order—

(a)

restraining the board or a member of the board from engaging in conduct that would contravene any requirement under this Act; and

(b)

granting any consequential relief.

(2)

The Minister or Christchurch City Council may apply to a court for an order—

(a)

requiring the board or a member of the board to take any action that is required to be taken under this Act:

(b)

granting any consequential relief.

(3)

The court may make an order on the application subject to the following rules:

(a)

an order may be made only if it is just and equitable to do so:

(b)

no order may be made in respect of conduct that has been completed.

(4)

The court may, at any time before the final determination of an application under this clause, make as an interim order any order that it is empowered to make as a final order.

Compare: 2004 No 115 s 60

Reliance on information and advice

20 When members may rely on certain information and advice

(1)

A member of the board, when acting as a member, may rely on reports, statements, financial data, and other information prepared or supplied, and on professional or expert advice given, by any of the following persons:

(a)

an employee of Regenerate Christchurch whom the member believes on reasonable grounds to be reliable and competent in relation to the matters concerned:

(b)

a professional adviser or an expert in relation to matters that the member believes on reasonable grounds to be within the person’s professional or expert competence:

(c)

any other member or a committee on which the member did not serve in relation to matters within the member’s or committee’s designated authority.

(2)

A member, when acting as a member, may rely on reports, statements, financial data, and other information supplied by the Crown or by Christchurch City Council.

(3)

This clause applies to a member only if the member—

(a)

acts in good faith; and

(b)

makes proper inquiry if the need for inquiry is indicated by the circumstances; and

(c)

has no knowledge that the reliance is unwarranted.

Compare: 2004 No 115 s 61

Conflict of interest disclosure rules

21 When interests must be disclosed

(1)

In this clause, matter means—

(a)

the board’s performance of its functions or exercise of its powers; or

(b)

an agreement made or entered into, or proposed to be entered into, by Regenerate Christchurch.

(2)

A person is interested in a matter if he or she—

(a)

may derive a financial benefit from the matter; or

(b)

is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or

(c)

may have a financial interest in a person to whom the matter relates; or

(d)

is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or

(e)

is otherwise directly or indirectly interested in the matter.

(3)

However, a person is not interested in a matter—

(a)

if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act or another Act; or

(b)

only because he or she has past or current involvement in the relevant sector, industry, or practice.

Compare: 2004 No 115 s 62

22 Obligation to disclose interest

(1)

A member who is interested in a matter relating to Regenerate Christchurch must disclose details of the interest in accordance with clause 23 as soon as practicable after the member becomes aware that he or she is interested.

(2)

A general notice of an interest in a matter relating to Regenerate Christchurch, or in a matter that may in future relate to Regenerate Christchurch, that is disclosed in accordance with clause 23 is a standing disclosure of that interest for the purposes of this clause.

(3)

A standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.

Compare: 2004 No 115 s 63

23 Who disclosure of interests must be made to

The member must disclose details of the interest in an interests register kept by Regenerate Christchurch and to—

(a)

the chairperson; or

(b)

if the chairperson is unavailable or interested,—

(i)

Christchurch City Council, if the member was appointed by Christchurch City Council; or

(ii)

the Minister, if the member was appointed by the Minister.

Compare: 2004 No 115 s 64

24 What must be disclosed

The details that must be disclosed under clause 23 are—

(a)

the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or

(b)

the nature and extent of the interest (if the monetary value cannot be quantified).

Compare: 2004 No 115 s 65

25 Consequences of being interested in matter

A member who is interested in a matter relating to Regenerate Christchurch—

(a)

must not vote or take part in any discussion or decision of the board or any committee relating to the matter, or otherwise participate in any activity of Regenerate Christchurch that relates to the matter; and

(b)

must not sign any document relating to the entry into a transaction or the initiation of the matter; and

(c)

is to be disregarded for the purpose of forming a quorum for that part of a meeting of the board or committee during which a discussion or decision relating to the matter occurs or is made.

Compare: 2004 No 115 s 66

26 Consequences of failing to disclose interest

(1)

The board must notify Christchurch City Council and the Minister of a failure to comply with clause 22 or 25, and of the acts affected, as soon as practicable after becoming aware of the failure.

(2)

A failure to comply with clause 22 or 25 does not affect the validity of an act or matter.

(3)

However, subclause (2) does not limit the right of any person to apply, in accordance with law, for judicial review.

Compare: 2004 No 115 s 67

27 Permission to act despite being interested in matter

(1)

The chairperson of Regenerate Christchurch may, by prior written notice to the board, permit 1 or more members, or members with a specified class of interest, to do anything otherwise prohibited by clause 25, if the chairperson is satisfied that it is in the public interest to do so.

(2)

The permission may state conditions that the member must comply with.

(3)

Christchurch City Council and the Minister may give the permission if the chairperson is unavailable or interested.

(4)

The permission may be amended or revoked in the same way as it may be given.

(5)

The board must disclose an interest to which a permission relates in its annual report, together with a statement of who gave the permission and any conditions or amendments to, or revocation of, the permission.

Compare: 2004 No 115 s 68

28 Regenerate Christchurch may avoid certain acts done in breach of conflict of interest rules

(1)

The board may avoid a natural person act done by Regenerate Christchurch in respect of which a member was in breach of clause 25.

(2)

However, the act—

(a)

may be avoided only within 3 months of the affected act being disclosed to Christchurch City Council and the Minister under clause 26; and

(b)

cannot be avoided if Regenerate Christchurch receives fair value in respect of the act.

(3)

An act in which a member is interested can be avoided on the ground of the member’s interest only in accordance with this clause.

Compare: 2004 No 115 s 69

29 What is fair value

(1)

Regenerate Christchurch is presumed to receive fair value in respect of an act that is done by Regenerate Christchurch in the ordinary course of its business and on usual terms and conditions.

(2)

Whether Regenerate Christchurch receives fair value in respect of an act must be determined on the basis of the information known to Regenerate Christchurch and to the interested member at the time the act is done.

Compare: 2004 No 115 s 70

30 Onus of proving fair value

(1)

A person seeking to prevent an act being avoided, and who knew, or ought reasonably to have known, of the member’s interest at the time the act was done, has the onus of establishing fair value.

(2)

In any other case, the board has the onus of establishing that Regenerate Christchurch did not receive fair value.

Compare: 2004 No 115 s 71

31 Effect of avoidance on third parties

The avoidance of an act under clause 28 does not affect the title or interest of a person to or in property that that person has acquired if the property was acquired—

(a)

from a person other than Regenerate Christchurch; and

(b)

for valuable consideration; and

(c)

without knowledge of the circumstances of the act under which the person referred to in paragraph (a) acquired the property from Regenerate Christchurch.

Compare: 2004 No 115 s 72

Delegation

32 Ability to delegate

(1)

The board may delegate any of the functions or powers of the board, either generally or specifically, to any of the following persons by resolution and written notice to the person or persons:

(a)

a member or members:

(b)

the chief executive or any other employee or employees, or office holder or holders, of Regenerate Christchurch:

(c)

a committee:

(d)

any other person or persons approved by Christchurch City Council and the Minister:

(e)

any class of persons comprised of any of the persons listed in paragraphs (a) to (d).

(2)

The board must not delegate the general power of delegation.

Compare: 2004 No 115 s 73

33 Powers of delegate

(1)

A delegate to whom any functions or powers of the board are delegated—

(a)

may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the board; and

(b)

may delegate the function or power only—

(i)

with the prior written consent of the board; and

(ii)

subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.

(2)

A delegate who purports to perform a function or exercise a power under a delegation—

(a)

is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and

(b)

must produce evidence of his or her authority to do so, if reasonably requested to do so.

Compare: 2004 No 115 s 74

34 Effect of delegation

No delegation in accordance with this Act—

(a)

affects or prevents the performance of any function or the exercise of any power by the board; or

(b)

affects the responsibility of the board for the actions of any delegate acting under the delegation; or

(c)

is affected by any change in the membership of the board or of any committee or class of persons or by any change in an office holder, chief executive, or employee.

Compare: 2004 No 115 s 75

35 Revocations of delegations

(1)

A delegation under clause 32 may be revoked at will by—

(a)

resolution of the board and written notice to the delegate; or

(b)

any other method provided for in the delegation.

(2)

A delegation under clause 33(1)(b) may be revoked at will by written notice of the delegate to the subdelegate.

Compare: 2004 No 115 s 76

Employees

36 Employment of chief executive

(1)

Regenerate Christchurch must not agree to the terms and conditions of employment for a chief executive, or to an amendment of those terms and conditions, without consulting the State Services Commissioner and the chief executive of Christchurch City Council.

(2)

Regenerate Christchurch must have particular regard to any recommendations that the Commissioner makes to it within a reasonable time of being consulted.

(3)

A failure to comply with this clause does not invalidate the acts of a chief executive.

Compare: 2004 No 115 s 117

37 Regenerate Christchurch to be good employer

(1)

Regenerate Christchurch must—

(a)

operate a personnel policy that complies with the principle of being a good employer; and

(b)

make that policy (including the equal employment opportunities programme) available to its employees; and

(c)

ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance.

(2)

For the purposes of this clause, good employer and equal employment opportunities programme have the same meanings as in section 118(2) and (3) of the Crown Entities Act 2004.

Compare: 2004 No 115 s 118

Protections from liability of members, office holders, and employees

38 Definitions for protections from liability

In clauses 39 to 44,—

effect insurance includes pay, whether directly or indirectly, the costs of the insurance

employee includes a person who was an employee at any time after the commencement of this Part but who is no longer an employee

excluded act or omission means an act or omission by the member, office holder, or employee in good faith and in performance or intended performance of Regenerate Christchurch’s functions

indemnify includes relieve or excuse from liability, whether before or after the liability arises, and indemnity has a corresponding meaning

member includes a person who was a member at any time after the commencement of this Part but who is no longer a member

office holder includes a person who was an office holder at any time after the commencement of this Part but who is no longer an office holder.

Compare: 2004 No 115 s 126

39 Protections from liabilities of Regenerate Christchurch

A member of the board or an office holder or employee of Regenerate Christchurch is not liable for any liability of Regenerate Christchurch by reason only of being a member, office holder, or employee.

Compare: 2004 No 115 s 120

40 Immunity from civil liability

(1)

A member of the board is not liable, in respect of an excluded act or omission,—

(a)

to Regenerate Christchurch, unless it is also a breach of an individual duty under any of clauses 12 to 16:

(b)

to any other person.

(2)

An office holder or employee is not liable to any person in respect of an excluded act or omission.

(3)

Nothing in this clause affects—

(a)

the making of an order under clause 19:

(b)

the liability of any person that is not a civil liability:

(c)

the right of any person to apply, in accordance with the law, for judicial review.

Compare: 2004 No 115 s 121

41 Indemnities in relation to excluded act or omission

Regenerate Christchurch may only indemnify a member, an office holder, or an employee in respect of an excluded act or omission (including costs incurred in defending or settling any claim or proceeding relating to that excluded act or omission).

Compare: 2004 No 115 s 122

42 Insurance for liability of member, office holder, or employee

Regenerate Christchurch may effect insurance cover for a member, office holder, or employee in relation to his or her acts or omissions, except an act or omission that is—

(a)

in bad faith:

(b)

not in the performance or intended performance of Regenerate Christchurch’s functions.

Compare: 2004 No 115 s 123

43 Breach of indemnity and insurance limits

(1)

A member, office holder, or employee who is indemnified or insured by Regenerate Christchurch in breach of this Act must repay to Regenerate Christchurch the cost of providing or effecting that indemnity or insurance cover, to the extent that the indemnity or insurance cover exceeds that which could have been provided or effected under this Act.

(2)

Regenerate Christchurch may recover the amount as a debt due in a court of competent jurisdiction.

Compare: 2004 No 115 s 125

44 Members, office holders, and employees are officials

(1)

A member, an office holder, or an employee of Regenerate Christchurch is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.

(2)

For the purposes of this section, an individual working for Regenerate Christchurch as a contractor or secondee in relation to a function, duty, or power of Regenerate Christchurch is to be treated as if he or she were an employee.

Compare: 2004 No 115 s 135

Dealings with third parties

45 Method of contracting, attorneys, and address for service

The following provisions of the Crown Entities Act 2004 apply to Regenerate Christchurch as if it were a statutory entity (that is not a corporation sole):

(a)

section 127 (method of contracting):

(b)

section 129 (attorneys):

(c)

section 130 (address for service).

46 Power to request information

The board must supply to the Minister or to Christchurch City Council any information relating to the operations and performance of Regenerate Christchurch that the Minister or Christchurch City Council requests.

Compare: 2004 No 115 s 133(1)

Part 2 Reporting and financial obligations

47 Interpretation for this Part

(1)

In this Part, unless the context otherwise requires,—

financial year means the 12 months ending on the close of 30 June

outputs means the goods or services that are supplied by Regenerate Christchurch

reportable class of outputs, in respect of a financial year, means a class of outputs—

(a)

that Regenerate Christchurch proposes to supply in the financial year; and

(b)

that is directly funded (in whole or in part) by—

(i)

the Crown in accordance with an appropriation for the purpose; or

(ii)

Christchurch City Council; or

(iii)

grants distributed under any Act; or

(iv)

levies, fees, or charges prescribed by or under any Act.

(2)

Unless the context otherwise requires,—

(a)

any word or expression used in this Part but not defined in this clause has the same meaning as it has in section 4 of this Act; and

(b)

any word or expression used in this Part but not defined in this clause or in section 4 of this Act has the same meaning as in the Public Finance Act 1989.

Compare: 2004 No 115 s 136

Planning: statement of intent

48 Purpose of statement of intent

The purpose of a statement of intent is to promote the public accountability of Regenerate Christchurch by—

(a)

enabling Christchurch City Council and the Minister to participate in the process of setting Regenerate Christchurch’s strategic intentions and medium-term undertakings:

(b)

setting out for the House of Representatives, Christchurch City Council, and the public those intentions and undertakings:

(c)

providing a base against which Regenerate Christchurch’s actual performance can later be assessed.

Compare: 2004 No 115 s 138

49 Obligation to prepare statement of intent

(1)

Regenerate Christchurch must prepare statements of intent that comply with clause 50 as follows:

(a)

a statement of intent that relates to the 2016/17 financial year and at least the following 3 financial years:

(b)

a statement of intent that relates to the 2019/20 financial year and at least the period beginning on 1 July 2020 and ending on the close of 30 June 2021.

(2)

Regenerate Christchurch may prepare additional statements of intent.

Compare: 2004 No 115 s 139

50 Content of statement of intent

(1)

A statement of intent must, for the period to which it relates, set out the strategic objectives that Regenerate Christchurch intends to achieve or contribute to (strategic intentions).

(2)

A statement of intent must also, for the period to which it relates,—

(a)

explain the nature and scope of Regenerate Christchurch’s functions and intended operations:

(b)

explain how Regenerate Christchurch intends to manage its functions and operations to meet its strategic intentions:

(c)

explain how Regenerate Christchurch proposes to manage its organisational health and capability:

(d)

explain how Regenerate Christchurch proposes to assess its performance:

(e)

set out and explain any other matters that are reasonably necessary to achieve an understanding of Regenerate Christchurch’s strategic intentions and capability.

(3)

A statement of intent—

(a)

must be in writing, be dated, and be signed on behalf of the board by 2 members; and

(b)

is a final statement of intent when it has been signed in accordance with paragraph (a).

Compare: 2004 No 115 s 141

51 Process for providing statement of intent to Christchurch City Council and Minister

(1)

Regenerate Christchurch must provide a statement of intent to Christchurch City Council and the Minister.

(2)

The process that must be followed in providing a statement of intent is as follows:

(a)

Regenerate Christchurch must provide a draft statement of intent to Christchurch City Council and the Minister,—

(i)

in the case of the statement of intent prepared under clause 49(1)(a), as soon as practicable after the commencement of this schedule; or

(ii)

no later than 2 months before the start of the first financial year to which the statement of intent relates; and

(b)

Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments that they may have on the draft no later than 20 working days after receiving it; and

(c)

Regenerate Christchurch must consider the comments (if any) on the draft; and

(d)

Regenerate Christchurch must provide the final statement of intent to Christchurch City Council and the Minister,—

(i)

in the case of the statement of intent prepared under clause 49(1)(a), as soon as practicable after receiving the comments (if any); or

(ii)

as soon as practicable after receiving the comments (if any), but in any event before the start of the first financial year to which the statement of intent relates.

Compare: 2004 No 115 s 146

52 Obligation to publish and present statement of intent

(1)

Regenerate Christchurch must, as soon as practicable after providing a final statement of intent to Christchurch City Council and the Minister, publish the statement of intent on its Internet site.

(2)

Despite subclause (1), if a final statement of intent relates to a period commencing on or after the next Budget day, the Minister may require Regenerate Christchurch not to publish the statement in the pre-Budget period.

(3)

The Minister must present a copy of the final statement of intent to the House of Representatives.

(4)

The statement of intent may be presented or published in a document that includes any other statement or information, but only if each statement or set of information is separately identifiable within that document.

Compare: 2004 No 115 s 149

53 Amendments to final statement of intent

(1)

Regenerate Christchurch may amend its final statement of intent.

(2)

Regenerate Christchurch must amend its final statement of intent if—

(a)

the information contained in the statement of intent is false or misleading in a material particular; or

(b)

the intentions and undertakings in the statement of intent are significantly altered or affected by—

(i)

any change in the law:

(ii)

any other change in Regenerate Christchurch’s operating environment.

(3)

Regenerate Christchurch must make the amendment required under subclause (2) as soon as practicable after it becomes aware of the facts that give rise to the obligation to amend under this clause.

(4)

The following process applies to an amendment under subclause (1) or (2):

(a)

Regenerate Christchurch must provide a draft amendment to Christchurch City Council and the Minister; and

(b)

Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments on the draft that they may have no later than 20 working days after receiving it; and

(c)

Regenerate Christchurch must consider the comments (if any) and must provide the final amendment to Christchurch City Council and the Minister as soon as practicable.

(5)

Clauses 50(3) and 52 apply to the amended statement of intent.

Compare: 2004 No 115 s 148

Planning: statement of performance expectations

54 Purpose of statement of performance expectations

The purpose of a statement of performance expectations for Regenerate Christchurch is to—

(a)

enable Christchurch City Council and the Minister to participate in the process of setting annual performance expectations; and

(b)

enable the House of Representatives, Christchurch City Council, and the public to be informed of those expectations; and

(c)

provide a base against which actual performance can be assessed.

Compare: 2004 No 115 s 149B

55 Obligation to prepare statement of performance expectations

(1)

Before the start of each financial year, Regenerate Christchurch must prepare a statement of performance expectations for that financial year that complies with clause 57.

(2)

However, if Regenerate Christchurch does not propose to supply any reportable classes of outputs in that financial year, the statement of performance expectations—

(a)

must comply with clause 57(1)(b) and (3); but

(b)

need not comply with clause 57(1)(a) or (2).

Compare: 2004 No 115 s 149C

56 Initial statement of performance expectations

(1)

As soon as practicable after the commencement of this schedule, Regenerate Christchurch must prepare a statement of performance expectations that covers the period from the commencement of this schedule to the close of 30 June 2017.

(2)

Clauses 55(2) and 57 to 61 apply, with any necessary modifications, to the statement of performance expectations prepared under this clause.

Compare: 2004 No 115 s 149D

57 Content of statement of performance expectations

(1)

Each statement of performance expectations must, in relation to a financial year,—

(a)

identify each reportable class of outputs for the financial year; and

(b)

state whether Regenerate Christchurch proposes to supply any class of outputs in the financial year that is not a reportable class of outputs.

(2)

For each reportable class of outputs, the statement of performance expectations must—

(a)

include a concise explanation of what the class of outputs is intended to achieve; and

(b)

identify the expected revenue and proposed expenses for the class of outputs; and

(c)

include a concise explanation of how the performance of the class of outputs will be assessed.

(3)

A statement of performance expectations—

(a)

must comply with generally accepted accounting practice; and

(b)

must be in writing, be dated, and be signed on behalf of the board by 2 members; and

(c)

is a final statement of performance expectations when it has been signed in accordance with paragraph (b).

Compare: 2004 No 115 s 149E

58 Forecast financial statements

(1)

Each statement of performance expectations, in relation to a financial year, must contain forecast financial statements for the financial year, prepared in accordance with generally accepted accounting practice.

(2)

The forecast financial statements must include—

(a)

a statement of all significant assumptions underlying the forecast financial statements; and

(b)

any additional information and explanations needed to fairly reflect the forecast financial operations and financial position of Regenerate Christchurch.

Compare: 2004 No 115 s 149G

59 Process for providing statement of performance expectations to Christchurch City Council and Minister

(1)

Regenerate Christchurch must provide a statement of performance expectations to Christchurch City Council and the Minister.

(2)

The process that must be followed in providing a statement of performance expectations is as follows:

(a)

Regenerate Christchurch must provide a draft statement of performance expectations to Christchurch City Council and the Minister,—

(i)

in the case of the statement of performance expectations prepared under clause 56, as soon as practicable after the commencement of this schedule; or

(ii)

no later than 2 months before the start of the financial year to which the statement of performance expectations relates; and

(b)

Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments that they may have on the draft no later than 20 working days after receiving it; and

(c)

Regenerate Christchurch must consider the comments (if any) on the draft; and

(d)

Regenerate Christchurch must provide the final statement of performance expectations to Christchurch City Council and the Minister,—

(i)

in the case of the statement of performance expectations prepared under clause 56, as soon as practicable after receiving the comments (if any); or

(ii)

as soon as practicable after receiving the comments (if any), but in any event before the start of the financial year to which the statement of performance expectations relates.

Compare: 2004 No 115 s 149I

60 Obligation to publish and present statement of performance expectations

(1)

Regenerate Christchurch must, as soon as practicable after providing a final statement of performance expectations to Christchurch City Council and the Minister, publish the statement on its Internet site.

(2)

However, if the final statement of performance expectations relates to a period commencing on or after the next Budget day, the Minister may require Regenerate Christchurch not to publish the statement in the pre-Budget period.

(3)

The Minister must present a copy of the final statement of performance expectations to the House of Representatives.

(4)

The statement of performance expectations may be presented or published in a document that includes any other statement or information, but only if each statement or set of information is separately identifiable within that document.

Compare: 2004 No 115 s 149L

61 Amendments to statement of performance expectations

(1)

Regenerate Christchurch may amend its final statement of performance expectations.

(2)

Regenerate Christchurch must amend its final statement of performance expectations if—

(a)

the information contained in the statement of performance expectations is false or misleading in a material particular; or

(b)

the intentions and undertakings in the statement of performance expectations are significantly altered or affected by—

(i)

any change in the law:

(ii)

any other change in Regenerate Christchurch’s operating environment.

(3)

Regenerate Christchurch must make the amendment required under subclause (2) as soon as practicable after it becomes aware of the facts that give rise to the obligation to amend under this clause.

(4)

The following process applies to an amendment under subclause (1) or (2):

(a)

Regenerate Christchurch must provide a draft amendment to Christchurch City Council and the Minister; and

(b)

Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments on the draft that they may have no later than 20 working days after receiving it; and

(c)

Regenerate Christchurch must consider the comments (if any) and must provide the final amendment to Christchurch City Council and the Minister as soon as practicable.

(5)

Clauses 57(3)(b) and (c) and 60 apply to the amended statement of performance expectations.

Compare: 2004 No 115 s 149K

Reporting: annual report

62 Obligation to prepare, present, and publish annual report

(1)

Regenerate Christchurch must,—

(a)

as soon as practicable after the end of each financial year (not including the financial year ending 30 June 2016), prepare a report on the affairs of Regenerate Christchurch (an annual report); and

(b)

within 3 months after the end of the financial year and no later than 15 working days after receiving the audit report provided under clause 68, provide the annual report to Christchurch City Council and the Minister.

(2)

The Minister must present the annual report to the House of Representatives within 5 working days after the Minister receives the annual report or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

(3)

Regenerate Christchurch must publish the annual report as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the annual report is received by the Minister.

(4)

The annual report may be presented or published in a document that includes any other report or information but only if each report or set of information is separately identifiable within that document.

Compare: 2004 No 115 s 150

63 Form and content of annual report

(1)

An annual report must contain the following information and reports in respect of the financial year to which it relates:

(a)

information on operations that complies with subclause (4); and

(b)

a statement of performance in accordance with clause 65; and

(c)

the annual financial statements for Regenerate Christchurch in accordance with clause 66; and

(d)

a statement of responsibility in accordance with clause 67; and

(e)

the audit report in accordance with clause 68; and

(f)

information on compliance with its obligation to be a good employer (including its equal employment opportunities programme); and

(g)

information required by clause 64 (which relates to payments in respect of members, committee members, and employees during that financial year); and

(h)

information required by clause 27(5) (which relates to permission to act despite being interested in a matter); and

(i)

any matters that relate to or affect Regenerate Christchurch’s operations that Regenerate Christchurch is otherwise required, or has undertaken, or wishes to report on in its annual report.

(2)

The annual report prepared in respect of the financial year ending with the close of 30 June 2017 must also include the information and reports specified in subclause (1) in respect of the period beginning on 18 April 2016 and ending with the close of 30 June 2016.

(3)

For the purpose of subclause (2), each reference to a financial year in this clause and clauses 62 to 68 must be read as a reference to the period beginning on 18 April 2016 and ending with the close of 30 June 2017.

(4)

The annual report must provide the information that is necessary to enable an informed assessment to be made of Regenerate Christchurch’s operations and performance for that financial year, including an assessment of Regenerate Christchurch’s progress in relation to its strategic intentions as set out in the most recent statement of intent.

(5)

An annual report must be in writing, be dated, and be signed on behalf of the board by 2 members.

Compare: 2004 No 115 s 151

64 Disclosure of payments in respect of members, committee members, and employees

(1)

The annual report must include,—

(a)

for each board member, the total value of the remuneration (other than compensation or other benefits referred to in paragraph (d)) paid or payable to the member in his or her capacity as a member from Regenerate Christchurch during that financial year; and

(b)

for each committee member who is not a board member or an employee, the total value of the remuneration (other than compensation or other benefits referred to in paragraph (d)) paid or payable to the member in his or her capacity as a committee member from Regenerate Christchurch during that financial year; and

(c)

the number of employees to whom, during the financial year, remuneration (other than compensation or other benefits referred to in paragraph (d)) was paid or payable in their capacity as employees, the total value of which is or exceeds $100,000 per annum, and the number of those employees in brackets of $10,000; and

(d)

the total value of any compensation or other benefits paid or payable to persons who ceased to be members, committee members, or employees during the financial year in relation to that cessation and the number of persons to whom all or part of that total was paid or payable; and

(e)

details of any indemnity provided by Regenerate Christchurch during the financial year to any member, office holder, or employee; and

(f)

details of any insurance cover effected by Regenerate Christchurch during the financial year in respect of the liability or costs of any member, office holder, or employee.

(2)

In subclause (1), member, office holder, and employee include a person who was a member or office holder or employee at any time after the commencement of this Part but who is no longer a member, office holder, or employee.

Compare: 2004 No 115 s 152

65 Form and content of statement of performance

A statement of performance must, in relation to a financial year,—

(a)

be prepared in accordance with generally accepted accounting practice; and

(b)

describe each reportable class of outputs for the financial year; and

(c)

include, for each reportable class of outputs identified in the statement of performance expectations for the financial year,—

(i)

the standards of delivery performance achieved by Regenerate Christchurch, as compared with the forecast standards included in the statement of performance expectations for the financial year; and

(ii)

the actual revenue earned and output expenses incurred, as compared with the expected revenues and proposed output expenses included in the statement of performance expectations for the financial year.

Compare: 2004 No 115 s 153

66 Annual financial statements

(1)

As soon as practicable after the end of each financial year, Regenerate Christchurch must prepare financial statements in relation to that financial year.

(2)

The financial statements must—

(a)

comply with generally accepted accounting practice; and

(b)

include any other information or explanations needed to fairly reflect the financial operations and financial position; and

(c)

include the forecast financial statements prepared at the start of the financial year, for comparison with the actual financial statements.

Compare: 2004 No 115 s 154

67 Statement of responsibility

The statement of responsibility must—

(a)

contain a statement of the signatories’ responsibility for the preparation of the financial statements and statement of performance and for the judgements in them; and

(b)

contain a statement of the signatories’ responsibility for establishing and maintaining a system of internal control designed to provide reasonable assurance as to the integrity and reliability of financial reporting; and

(c)

contain a statement that, in the opinion of the signatories, the financial statements and statement of performance for the financial year fairly reflect the financial position and operations of Regenerate Christchurch; and

(d)

be dated and signed on behalf of the board by 2 members.

Compare: 2004 No 115 s 155

68 Audit report

(1)

Regenerate Christchurch must, as soon as practicable after the end of each financial year (not including the financial year ending 30 June 2016), forward to the Auditor-General—

(a)

the annual financial statements and statement of performance; and

(b)

the draft annual report; and

(c)

any other information that the Auditor-General has agreed, or is required, to audit.

(2)

The Auditor-General must—

(a)

audit the statements and information referred to in subclause (1)(a) and (c); and

(b)

provide an audit report to Regenerate Christchurch.

Compare: 2004 No 115 s 156

69 Final annual report of Regenerate Christchurch

(1)

Section 45J of the Public Finance Act 1989 (which relates to final annual reports of disestablished entities) applies to the final annual report of Regenerate Christchurch.

(2)

Despite section 45J(3) of that Act, the Minister of Finance must, by the close of 30 June 2021, approve the transfer of the responsibility for preparing and providing the final annual report under that section to another party.

Other financial provisions

70 Restrictions on acquisition of financial products, borrowing, guarantees, indemnities, and derivatives

(1)

Sections 160 to 164 of the Crown Entities Act 2004 apply to Regenerate Christchurch as if Regenerate Christchurch were a Crown entity.

(2)

For the purposes of subclause (1), an approval under section 160(1)(b) of that Act must be given jointly by the responsible Minister, the Minister of Finance, and Christchurch City Council.

Compare: 2004 No 115 ss 160–164

71 Liability for debts

Section 49 of the Public Finance Act 1989 applies to Regenerate Christchurch as if Regenerate Christchurch were a Crown entity.

Compare: 2004 No 115 s 176

Schedule 6 Legislative instruments revoked

s 146(2)

Canterbury Earthquake (Recovery Strategy Approval) Order 2012 (Gazette 2012, p 1745)

Schedule 7 Legislative instruments continued and amended

s 147

Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 (LI 2014/228)

After clause 2, insert:

2A Revocation of this order

This order is revoked on the close of 30 June 2021.

In clause 12(2), after “clause 9”, insert “and in any case not later than 16 December 2016”.

Replace clause 21(5)(a)(i) with:

(i)

it would be unable to make a decision on the proposal by 16 December 2016; or

Canterbury Earthquake (Earthquake Commission Act) Order 2012 (SR 2012/63)

Replace clause 3 with:

3 Revocation of this order

This order is revoked on the close of 30 June 2021.

Revoke clause 6.

Canterbury Earthquake (Historic Places Act) Order 2011 (SR 2011/231)

Replace clause 3 with:

3 Revocation of this order

This order is revoked on the close of 30 June 2021.

In clause 5(1), insert in its appropriate alphabetical order:

building has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014

In clause 5(1), replace the definition of emergency authority with:

emergency authority means an authority that may be granted under clause 10 to do anything in relation to an archaeological site that—

(a)

would, but for this order, require an authority under section 42 of the Heritage New Zealand Pouhere Taonga Act 2014; and

(b)

is, directly or indirectly, necessary or desirable to promote any of the purposes of the Canterbury Earthquake Recovery Act 2011

In clause 5(1), replace the definition of general emergency authority with:

general emergency authority means an authority that may be granted under clause 10 to do anything in relation to archaeological sites within a specified area that—

(a)

would, but for this order, require an authority under section 42 of the Heritage New Zealand Pouhere Taonga Act 2014; and

(b)

is, directly or indirectly, necessary or desirable to promote any of the purposes of the Canterbury Earthquake Recovery Act 2011

In clause 5(1), definition of greater Christchurch, replace “section 4(1) of the Canterbury Earthquake Recovery Act 2011” with “section 4 of the Greater Christchurch Regeneration Act 2016”.

After clause 5(3), insert:

(4)

To avoid doubt, a reference to the purposes of the Canterbury Earthquake Recovery Act 2011 applies, despite the repeal of that Act.

Replace clause 6(1) with:

(1)

Without limiting the powers of Heritage New Zealand Pouhere Taonga under section 14 of the Heritage New Zealand Pouhere Taonga Act 2014, Heritage New Zealand Pouhere Taonga may appoint 1 or more of its employees to be an archaeological officer.

Replace clause 6(4)(b)(ii) with:

(ii)

any functions that Heritage New Zealand Pouhere Taonga delegates to the officer under the Heritage New Zealand Pouhere Taonga Act 2014.

Revoke clause 6(5).

Replace clause 7 with:

7 Archaeological sites not to be modified or destroyed

(1)

This clause applies instead of section 42(1) of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to archaeological sites within greater Christchurch.

(2)

No person may modify or destroy, or cause to be modified or destroyed, the whole or any part of an archaeological site if that person knows, or ought reasonably to have suspected, that the site is an archaeological site, unless—

(a)

an authority has been granted under section 48, 56(1)(b), or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in respect of that site; or

(b)

an emergency authority or general emergency authority has been granted under this order.

After clause 7, insert:

7A Application of Historic Places Act 1993

The Historic Places Act 1993 applies to archaeological sites within greater Christchurch only to the extent necessary for the purposes of—

(a)

emergency authorities and general emergency authorities granted under this order; and

(b)

clauses 8 to 16 of this order.

After clause 8(3), insert:

(4)

Despite subclause (1), an emergency authority is not required to permit work on a building that is an archaeological site unless the work will result in the demolition of the whole of the building.

After clause 9(4), insert:

(5)

Despite subclause (1), a general emergency authority is not required to permit work on a building that is an archaeological site unless the work will result in the demolition of the whole of the building.

In clause 12(2)(b), replace “the expiry of the Canterbury Earthquake Recovery Act 2011” with “the close of 30 June 2021”.

Canterbury Earthquake (Local Government Act 2002—Retaining Walls) Order 2013 (SR 2013/33)

Replace clause 3 with:

3 Revocation of this order

This order is revoked on the close of 30 June 2021.

In clause 6(1), replace the modification of section 181(1B) with:

(1B)

In this subsection and in subsections (1A) and (4A),—

greater Christchurch has the same meaning as in section 4 of the Greater Christchurch Regeneration Act 2016

private land means private land situated within greater Christchurch

public infrastructure means community infrastructure or network infrastructure

public land means land owned or controlled by the Crown (within the meaning of section 2(1) of the Public Finance Act 1989) or by a local authority.

Canterbury Earthquake (Rating) Order 2012 (SR 2012/147)

Replace clause 3 with:

3 Revocation of this order

This order is revoked on 1 July 2018.

Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011 (SR 2011/368)

Replace clause 3 with:

3 Revocation of this order

This order is revoked on the close of 30 June 2021.

In clause 4, definition of reserve, paragraph (a), after “any land”, insert “situated in greater Christchurch (within the meaning of section 4 of the Greater Christchurch Regeneration Act 2016) that is”.

Canterbury Earthquake (Resource Management Act—Burwood Resource Recovery Park) Order 2011 (SR 2011/254)

Replace clause 3 with:

3 Revocation of this order

This order is revoked on the close of 30 June 2021.

Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011 (SR 2011/36)

Replace clause 3 with:

3 Revocation of this order

This order is revoked on the close of 30 June 2021.

In clause 7(1), definition of specified location, after “area of land”, insert “situated in greater Christchurch (within the meaning of section 4 of the Greater Christchurch Regeneration Act 2016)”.

In clause 8(1), definition of specified location, after “area of land”, insert “situated in greater Christchurch (within the meaning of section 4 of the Greater Christchurch Regeneration Act 2016)”.

In clause 8(1), definition of temporary depots and storage facilities, paragraph (a), replace “Canterbury Earthquake Response and Recovery Act 2010” with “Greater Christchurch Regeneration Act 2016”.

Canterbury Earthquake (Social Security Act) Order (No 2) 2010 (SR 2010/483)

In clause 3, replace “the close of 19 April 2016” with “the close of 30 June 2021”.

In clause 4(2), replace “Canterbury Earthquake Response and Recovery Act 2010” with “Greater Christchurch Regeneration Act 2016”.

In clause 5, replace “Canterbury Earthquake Response and Recovery Act 2010” with “Greater Christchurch Regeneration Act 2016”.

Schedule 8 Consequential amendments and revocation

s 152

Part 1Consequential amendments

Christchurch City (Reserves) Empowering Act 1971 (1971 No 8 (L))

In Schedule 2, item 1, after “comprised in K 772554”, insert “, but excluding that piece of land being 7 025 square metres more or less, being Section 1 Survey Office plan 467852, comprised in computer freehold register 657422”.

In Schedule 2, after item 3, insert:

4

7 025 square metres, more or less, being Section 2 Survey Office plan 467852, comprised in computer freehold register 658884.

Christchurch Hospital Act 1887 (1887 No 10)

In Schedule 1, after “District Survey Office, Christchurch”, insert “(but excluding all that land being 1 016 square metres, more or less, being Section 5 on Survey Office plan 467852, comprised in computer freehold register 657424)”.

In Schedule 4, after “Survey Office, Christchurch”, insert “(but excluding all that land being 7 025 square metres, more or less, being Section 2 on Survey Office plan 467852, comprised in computer freehold register 658884; and all that land being 9 190 square metres, more or less, being Section 3 Survey Office plan 467852, comprised in computer freehold register 658885)”.

Ombudsmen Act 1975 (1975 No 9)

In Schedule 1, Part 2, insert in its appropriate alphabetical order:

Regenerate Christchurch

Public Audit Act 2001 (2001 No 10)

In Schedule 2, insert in its appropriate alphabetical order:

Regenerate Christchurch

State Sector Act 1988 (1988 No 20)

In Schedule 1A, delete “Canterbury Earthquake Recovery Authority” and “Department of the Prime Minister and Cabinet”.

Legislative history

19 October 2015

Introduction (Bill 79–1)

22 October 2015

First reading and referral to Local Government and Environment Committee

25 February 2016

Reported from Local Government and Environment Committee (Bill 79–2)

17 March 2016

Second reading

29 March 2016

Committee of the whole House (Bill 79–3)

31 March 2016

Third reading

7 April 2016

Royal assent

This Act is administered by the Department of the Prime Minister and Cabinet.