Reprint as at 1 July 2020

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
Note

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

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

This Act is administered by the Department of the Prime Minister and Cabinet.

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30Regenerate Christchurch must review outline and may recommend outline to Minister [Repealed]
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
34Proponent 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36Regenerate Christchurch must review draft Plan or amendment [Repealed]
37Regenerate Christchurch must provide recommendation to Minister [Repealed]
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 [Repealed]
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 [Repealed]
57Regenerate Christchurch must provide recommendation to Minister [Repealed]
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
[Repealed]
65Proposal for exercise of power in section 71 [Repealed]
66Proponent must seek views and finalise proposal [Repealed]
67Minister may decide to proceed with proposal [Repealed]
68Minister must invite public comment [Repealed]
69Approval of proposal for exercise of power [Repealed]
70Minister must provide reasons for declining proposal to exercise power [Repealed]
71Minister may suspend, amend, or revoke RMA document, council plan, etc [Repealed]
72Contents of notice under section 71 [Repealed]
73Status of notice under Legislation Act 2012 [Repealed]
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
[Repealed]
121Establishment and status of Regenerate Christchurch [Repealed]
122Purpose and objectives of Regenerate Christchurch [Repealed]
123Functions of Regenerate Christchurch [Repealed]
124Powers of Regenerate Christchurch [Repealed]
125Area of Regenerate Christchurch [Repealed]
[Repealed]
126Board’s role [Repealed]
127Membership of board [Repealed]
128Chairperson of board [Repealed]
[Repealed]
129Further provisions relating to Regenerate Christchurch [Repealed]
130Role of Christchurch City Council and Minister [Repealed]
131Letter of expectations [Repealed]
132Direction to amend statement of intent or statement of performance expectations [Repealed]
133Acts done before commencement [Repealed]
134Successor organisation [Repealed]
135Regenerate Christchurch’s income exempt from income tax [Repealed]
136Application of certain Acts [Repealed]
137Interpretation in this subpart
138Regenerate Christchurch may transfer assets and liabilities [Repealed]
139Notice of transfer [Repealed]
140Residual assets and liabilities transferred to successor organisation [Repealed]
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
[Repealed]
150Annual review of Act [Repealed]
151Repeal of this Act and revocations
152Consequential amendments and revocation
[Repealed]
[Repealed]
Reprint notes

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 the development of Regeneration Plans:

(d)

recognising the local leadership of Canterbury Regional Council, Christchurch City Council, 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

Section 3(1)(c): amended, on 30 June 2020, by section 4 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 3(1)(d): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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

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

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.

Section 4 Regenerate Christchurch: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 4 successor organisation: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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

(1)

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.

(2)

Between 1 July 2021 and the repeal date determined under section 151(3), the provisions listed in that subsection apply only in respect of land in the Ōtākaro Avon River Corridor.

(3)

In this section, Ōtākaro Avon River Corridor means the area described in Schedule 3A.

Section 8(2): inserted, on 30 June 2020, by section 21 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 8(3): inserted, on 30 June 2020, by section 21 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(2)

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

Section 12(1)(i): repealed, on 30 June 2020, by section 5 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

13 Interpretation in this subpart

In this subpart,—

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)
[Repealed]

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.

Section 13 Christchurch residential red zone: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 13 proponent paragraph (d): repealed, on 30 June 2020, by section 6 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

14 Who may be proponent

(1)

Any of the following parties may be a proponent:

(a)

a strategic partner:

(b)
[Repealed]

(c)

the chief executive.

(2)

Subsection (1) is subject to subsections (5) and (6).

(3)

[Repealed]

(4)

[Repealed]

(5)

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

Section 14(1)(b): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 14(2): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 14(3): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 14(4): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 14(5): replaced, on 30 June 2020, by section 7(3) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(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).

Section 20(1)(b): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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 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.

Section 21(2)(a): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(c)

the chief executive:

(d)

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

Section 23(2)(b): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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:

(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.

Section 26(2)(a): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(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).

Section 28(2)(d)(iii): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(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.

(ii)
[Repealed]

(3)

[Repealed]

(4)

[Repealed]

Section 29(1)(d): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 29(2)(b)(i): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 29(2)(b)(ii): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 29(3): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 29(4): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

30 Regenerate Christchurch must review outline and may recommend outline to Minister
[Repealed]

Section 30: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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).

(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, 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.

(4)

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

Section 31(1): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 31(3): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 31(4): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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

(1)

Subsections (2) and (3) apply if—

(a)
[Repealed]

(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.

Section 32(1)(a): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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 Proponent must notify draft Plan or amendment and invite comment

(1)

When the proponent has developed the draft Plan or amendment under section 33, 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 31).

(3)

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

Section 34 heading: amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 34(1): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 34(3): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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.

(ii)
[Repealed]

(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)

the proponent’s advice on

(i)

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

(ii)

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)

[Repealed]

(5)

[Repealed]

Section 35(1)(c)(i): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 35(1)(c)(ii): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 35(2)(c): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 35(2)(c)(i): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 35(2)(c)(ii): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 35(4): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 35(5): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

36 Regenerate Christchurch must review draft Plan or amendment
[Repealed]

Section 36: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

37 Regenerate Christchurch must provide recommendation to Minister
[Repealed]

Section 37: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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.

(2)

In making a decision, the Minister must,—

(a)

have particular regard to the views of each of the following parties that is not the proponent:

(i)

Christchurch City Council:

(ii)

Canterbury Regional Council:

(iii)

Te Rūnanga o Ngāi Tahu:

(b)

consider the material specified in section 35(2):

(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.

Section 38(1): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 38(2)(a): replaced, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 38(2)(b): replaced, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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 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 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.

Section 39(1): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(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).

Section 42(1)(b): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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 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.

Section 43(2)(a): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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:

(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.

Section 47(2)(a): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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.

(e)
[Repealed]

Section 49(2)(e): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(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.

(ii)
[Repealed]

Section 50(1)(d): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 50(2)(b)(i): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 50(2)(b)(ii): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

51 Regenerate Christchurch must review outline and may recommend outline to Minister
[Repealed]

Section 51: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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).

(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 the proponent.

Section 52(1): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 52(3): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

53 Proponent may modify outline for revocation if outline declined

(1)

Subsections (2) and (3) apply if—

(a)
[Repealed]

(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.

Section 53(1)(a): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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.

(ii)
[Repealed]

(2)

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

(a)

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

(b)

the proponent’s advice on

(i)

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

(ii)

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.

Section 55(1)(c)(i): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 55(1)(c)(ii): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 55(2)(b): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 55(2)(b)(i): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 55(2)(b)(ii): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

56 Regenerate Christchurch must review proposed revocation
[Repealed]

Section 56: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

57 Regenerate Christchurch must provide recommendation to Minister
[Repealed]

Section 57: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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.

(2)

In making a decision, the Minister must,—

(a)

have particular regard to the views of each of the following parties that is not the proponent:

(i)

Christchurch City Council:

(ii)

Canterbury Regional Council:

(iii)

Te Rūnanga o Ngāi Tahu:

(b)

consider the material specified in section 55(2):

(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.

Section 58(1): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 58(2)(a): replaced, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Section 58(2)(b): replaced, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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 the proponent.

Section 59: amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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[Repealed]

Heading: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

65 Proposal for exercise of power in section 71
[Repealed]

Section 65: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

66 Proponent must seek views and finalise proposal
[Repealed]

Section 66: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

67 Minister may decide to proceed with proposal
[Repealed]

Section 67: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

68 Minister must invite public comment
[Repealed]

Section 68: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

69 Approval of proposal for exercise of power
[Repealed]

Section 69: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

70 Minister must provide reasons for declining proposal to exercise power
[Repealed]

Section 70: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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

Section 71: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

72 Contents of notice under section 71
[Repealed]

Section 72: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

73 Status of notice under Legislation Act 2012
[Repealed]

Section 73: repealed, on 30 June 2020, by section 8 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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 the Land Transfer Act 2017.

(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 records of title 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, upon deposit of the cadastral survey dataset or survey plan, to issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.

(5)

The chief executive may direct the Registrar-General of Land to disapply the application of section 207 of the Land Transfer Act 2017 in respect of any qualified record of title issued in accordance with subsection (4), and the Registrar-General of Land must remove the qualification as to title.

(6)

Subsection (5) is subject to any relevant determination by a court under subpart 4.

(7)

[Repealed]

Compare: 2011 No 12 s 36

Section 75(1)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 75(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 75(4): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 75(5): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 75(6): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 75(7): repealed, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

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(5).

(2)

Any dispute against the lodgement of a caveat under section 207 of the Land Transfer Act 2017 against a qualified record of title issued 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

Section 76(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 76(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

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 2017; and

(b)

every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017.

(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.

Section 78(4)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 78(4)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

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 record of title or records of title.

(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 record of title:

(b)

issuing 1 or more records of title:

(c)

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

Compare: 2011 No 12 s 56

Section 101(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 101(3)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 101(3)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

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 record of title 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 record of title 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

Section 103(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 103(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

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 record of title to the land.

(2)

If the land is not subject to the Land Transfer Act 2017, 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 2017.

(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 2017 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

Section 105(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 105(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 105(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

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, 31, 38, 43, 47, 52, 58, 93, or 94.

Compare: 2011 No 12 s 68

Section 118(3): amended, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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 Senior Courts Act 2016.

Compare: 2011 No 12 s 70

Section 120(3): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Subpart 5—Regenerate Christchurch

[Repealed]

Subpart 5: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

121 Establishment and status of Regenerate Christchurch
[Repealed]

Section 121: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

122 Purpose and objectives of Regenerate Christchurch
[Repealed]

Section 122: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

123 Functions of Regenerate Christchurch
[Repealed]

Section 123: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

124 Powers of Regenerate Christchurch
[Repealed]

Section 124: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

125 Area of Regenerate Christchurch
[Repealed]

Section 125: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Board of Regenerate Christchurch[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

126 Board’s role
[Repealed]

Section 126: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

127 Membership of board
[Repealed]

Section 127: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

128 Chairperson of board
[Repealed]

Section 128: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Further provisions relating to Regenerate Christchurch[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

129 Further provisions relating to Regenerate Christchurch
[Repealed]

Section 129: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

130 Role of Christchurch City Council and Minister
[Repealed]

Section 130: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

131 Letter of expectations
[Repealed]

Section 131: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

132 Direction to amend statement of intent or statement of performance expectations
[Repealed]

Section 132: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

133 Acts done before commencement
[Repealed]

Section 133: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

134 Successor organisation
[Repealed]

Section 134: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

135 Regenerate Christchurch’s income exempt from income tax
[Repealed]

Section 135: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

136 Application of certain Acts
[Repealed]

Section 136: repealed, on the close of 30 June 2020, by section 9 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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
[Repealed]

Section 138: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

139 Notice of transfer
[Repealed]

Section 139: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

140 Residual assets and liabilities transferred to successor organisation
[Repealed]

Section 140: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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)
[Repealed]

(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

Section 141(2)(c): repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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[Repealed]

Heading: repealed, on 30 June 2020, by section 16 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

150 Annual review of Act
[Repealed]

Section 150: repealed, on 30 June 2020, by section 16 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Repeal, amendments, and revocations

151 Repeal of this Act and revocations

(1)

This Act, except for the provisions listed in subsections (2) and (3), is repealed on the close of 30 June 2021.

(2)

Subpart 6 of Part 2 is repealed on the close of 30 June 2022.

(3)

This section and sections 1, 3 to 7, 8(2), 10, 11, 75, 76, 87(3), (4), (5), and (6), 91 to 101, 107 to 109, 118, 119, 120, and 145 and the cross-headings above sections 91, 92, and 107 are repealed at the earlier of—

(a)

the close of 30 June 2023; and

(b)

a date set by Order in Council, made by the Governor-General on the recommendation of the Minister.

(4)

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

Section 151: replaced, on 30 June 2020, by section 28 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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

[Repealed]

s 13

Schedule 3: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

1 Description of Christchurch residential red zone
[Repealed]

Schedule 3 clause 1: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

2 Maps of Christchurch residential red zone
[Repealed]

Schedule 3 clause 2: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Schedule 3A Description of Ōtākaro Avon River Corridor

s 8

Schedule 3A: inserted, on 30 June 2020, by section 30 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

1 Description of Ōtākaro Avon River Corridor

For the purposes of section 8, the Ōtākaro Avon River Corridor comprises all land that, on 1 July 2021,—

(a)

is held by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011; or

(b)

is owned by a council, and adjoins or is adjacent to land described in paragraph (a).

Schedule 3A clause 1: inserted, on 30 June 2020, by section 30 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

2 Map of Ōtākaro Avon River Corridor

(1)

The map in subclause (2) 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 the Ōtākaro Avon River Corridor is the area shaded dark grey in the following map.

Map of Otakaro Avon River Corridor

Schedule 3A clause 2: inserted, on 30 June 2020, by section 30 of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

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

[Repealed]

s 129

Schedule 5: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Contents

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

Part 1 General provisions

[Repealed]

Schedule 5 Part 1: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Validity of acts[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

1 Validity of acts
[Repealed]

Schedule 5 clause 1: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Board of Regenerate Christchurch[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

2 Qualification of members
[Repealed]

Schedule 5 clause 2: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

3 Quorum
[Repealed]

Schedule 5 clause 3: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

4 Validity of members’ acts
[Repealed]

Schedule 5 clause 4: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

5 Removal of members
[Repealed]

Schedule 5 clause 5: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

6 Vacancies
[Repealed]

Schedule 5 clause 6: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Members’ remuneration and expenses[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

7 Members’ remuneration and expenses
[Repealed]

Schedule 5 clause 7: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Collective duties of board[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

8 Regenerate Christchurch must act consistently with purpose, objectives, functions, statement of intent, and statement of performance expectations
[Repealed]

Schedule 5 clause 8: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

9 Manner in which functions must be performed
[Repealed]

Schedule 5 clause 9: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

10 Regenerate Christchurch must operate in financially responsible manner
[Repealed]

Schedule 5 clause 10: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

11 Subsidiaries and other interests
[Repealed]

Schedule 5 clause 11: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Individual duties of members[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

12 Duty to comply with this Act
[Repealed]

Schedule 5 clause 12: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

13 Duty to act with honesty and integrity
[Repealed]

Schedule 5 clause 13: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

14 Duty to act in good faith and not at expense of Regenerate Christchurch’s interests
[Repealed]

Schedule 5 clause 14: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

15 Duty to act with reasonable care, diligence, and skill
[Repealed]

Schedule 5 clause 15: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

16 Duty not to disclose information
[Repealed]

Schedule 5 clause 16: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Effect of non-compliance with duties[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

17 Accountability for collective board duties
[Repealed]

Schedule 5 clause 17: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

18 Accountability for individual duties
[Repealed]

Schedule 5 clause 18: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

19 Court actions requiring or restraining board or members
[Repealed]

Schedule 5 clause 19: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Reliance on information and advice[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

20 When members may rely on certain information and advice
[Repealed]

Schedule 5 clause 20: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Conflict of interest disclosure rules[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

21 When interests must be disclosed
[Repealed]

Schedule 5 clause 21: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

22 Obligation to disclose interest
[Repealed]

Schedule 5 clause 22: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

23 Who disclosure of interests must be made to
[Repealed]

Schedule 5 clause 23: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

24 What must be disclosed
[Repealed]

Schedule 5 clause 24: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

25 Consequences of being interested in matter
[Repealed]

Schedule 5 clause 25: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

26 Consequences of failing to disclose interest
[Repealed]

Schedule 5 clause 26: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

27 Permission to act despite being interested in matter
[Repealed]

Schedule 5 clause 27: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

28 Regenerate Christchurch may avoid certain acts done in breach of conflict of interest rules
[Repealed]

Schedule 5 clause 28: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

29 What is fair value
[Repealed]

Schedule 5 clause 29: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

30 Onus of proving fair value
[Repealed]

Schedule 5 clause 30: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

31 Effect of avoidance on third parties
[Repealed]

Schedule 5 clause 31: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Delegation[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

32 Ability to delegate
[Repealed]

Schedule 5 clause 32: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

33 Powers of delegate
[Repealed]

Schedule 5 clause 33: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

34 Effect of delegation
[Repealed]

Schedule 5 clause 34: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

35 Revocations of delegations
[Repealed]

Schedule 5 clause 35: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Employees[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

36 Employment of chief executive
[Repealed]

Schedule 5 clause 36: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

37 Regenerate Christchurch to be good employer
[Repealed]

Schedule 5 clause 37: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Protections from liability of members, office holders, and employees[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

38 Definitions for protections from liability
[Repealed]

Schedule 5 clause 38: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

39 Protections from liabilities of Regenerate Christchurch
[Repealed]

Schedule 5 clause 39: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

40 Immunity from civil liability
[Repealed]

Schedule 5 clause 40: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

41 Indemnities in relation to excluded act or omission
[Repealed]

Schedule 5 clause 41: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

42 Insurance for liability of member, office holder, or employee
[Repealed]

Schedule 5 clause 42: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

43 Breach of indemnity and insurance limits
[Repealed]

Schedule 5 clause 43: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

44 Members, office holders, and employees are officials
[Repealed]

Schedule 5 clause 44: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Dealings with third parties[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

45 Method of contracting, attorneys, and address for service
[Repealed]

Schedule 5 clause 45: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

46 Power to request information
[Repealed]

Schedule 5 clause 46: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Part 2 Reporting and financial obligations

[Repealed]

Schedule 5 Part 2: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

47 Interpretation for this Part
[Repealed]

Schedule 5 clause 47: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Planning: statement of intent[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

48 Purpose of statement of intent
[Repealed]

Schedule 5 clause 48: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

49 Obligation to prepare statement of intent
[Repealed]

Schedule 5 clause 49: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

50 Content of statement of intent
[Repealed]

Schedule 5 clause 50: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

51 Process for providing statement of intent to Christchurch City Council and Minister
[Repealed]

Schedule 5 clause 51: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

52 Obligation to publish and present statement of intent
[Repealed]

Schedule 5 clause 52: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

53 Amendments to final statement of intent
[Repealed]

Schedule 5 clause 53: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Planning: statement of performance expectations[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

54 Purpose of statement of performance expectations
[Repealed]

Schedule 5 clause 54: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

55 Obligation to prepare statement of performance expectations
[Repealed]

Schedule 5 clause 55: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

56 Initial statement of performance expectations
[Repealed]

Schedule 5 clause 56: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

57 Content of statement of performance expectations
[Repealed]

Schedule 5 clause 57: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

58 Forecast financial statements
[Repealed]

Schedule 5 clause 58: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

59 Process for providing statement of performance expectations to Christchurch City Council and Minister
[Repealed]

Schedule 5 clause 59: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

60 Obligation to publish and present statement of performance expectations
[Repealed]

Schedule 5 clause 60: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

61 Amendments to statement of performance expectations
[Repealed]

Schedule 5 clause 61: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Reporting: annual report[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

62 Obligation to prepare, present, and publish annual report
[Repealed]

Schedule 5 clause 62: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

63 Form and content of annual report
[Repealed]

Schedule 5 clause 63: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

64 Disclosure of payments in respect of members, committee members, and employees
[Repealed]

Schedule 5 clause 64: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

65 Form and content of statement of performance
[Repealed]

Schedule 5 clause 65: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

66 Annual financial statements
[Repealed]

Schedule 5 clause 66: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

67 Statement of responsibility
[Repealed]

Schedule 5 clause 67: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

68 Audit report
[Repealed]

Schedule 5 clause 68: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

69 Final annual report of Regenerate Christchurch
[Repealed]

Schedule 5 clause 69: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Other financial provisions[Repealed]

Heading: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

70 Restrictions on acquisition of financial products, borrowing, guarantees, indemnities, and derivatives
[Repealed]

Schedule 5 clause 70: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

71 Liability for debts
[Repealed]

Schedule 5 clause 71: repealed, on the close of 30 June 2020, by section 18(1) of the Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27).

Schedule 6 Legislative instruments revoked

s 146(2)

Canterbury Earthquake (Accident Compensation Act 2001) Order 2011 (SR 2011/37)
Canterbury Earthquake (Building Act) Order 2010 (SR 2010/315)
Canterbury Earthquake (Building Act) Order 2011 (SR 2011/311)
Canterbury Earthquake (Canterbury DHB Land Exchange) Order 2014 (LI 2014/107)
Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010 (SR 2010/316)
Canterbury Earthquake (Civil Defence Emergency Management Act) Order (No 2) 2010 (SR 2010/482)
Canterbury Earthquake (Education Act) Order 2011 (SR 2011/38)
Canterbury Earthquake (Energy Companies Act) Order 2011 (SR 2011/215)
Canterbury Earthquake (Financial Advisers Legislation) Order 2011 (SR 2011/74)
Canterbury Earthquake (Inland Revenue Acts) Order 2011 (SR 2011/80)
Canterbury Earthquake (Land Transport Rule: Operator Licensing) Order 2011 (SR 2011/153)
Canterbury Earthquake (Local Government Act 2002) Order 2010 (SR 2010/317)
Canterbury Earthquake (Local Government Act 2002) Order 2011 (SR 2011/219)
Canterbury Earthquake (Local Government Act 2002) Order (No 2) 2011 (SR 2011/402)
Canterbury Earthquake (Local Government Official Information and Meetings Act) Order 2010 (SR 2010/350)
Canterbury Earthquake (Local Government Official Information and Meetings Act) Order 2011 (SR 2011/43)
Canterbury Earthquake (Rating Valuations Act—Christchurch City Council) Order 2013 (SR 2013/396)
Canterbury Earthquake (Rating Valuations Act—Selwyn District Council) Order 2011 (SR 2011/217)
Canterbury Earthquake (Rating Valuations Act—Waimakariri District Council) Order 2011 (SR 2011/218)
Canterbury Earthquake (Recovery Strategy Approval) Order 2012 (Gazette 2012, p 1745)
Canterbury Earthquake (Reserves Act—Electricity Network Recovery) Order 2011 (SR 2011/308)
Canterbury Earthquake (Resource Management Act—Electricity Network Recovery) Order 2011 (SR 2011/309)
Canterbury Earthquake (Resource Management Act Port of Lyttelton Recovery) Order 2011 (SR 2011/148)
Canterbury Earthquake (Resource Management Act) Order 2010 (SR 2010/318)
Canterbury Earthquake (Resource Management Act) Order 2011 (SR 2011/34)
Canterbury Earthquake (Road User Charges Act) Order 2010 (SR 2010/427)
Canterbury Earthquake (Social Security Act) Order 2010 (SR 2010/331)
Canterbury Earthquake (Social Security Act) Order (No 3) 2010 (SR 2010/484)
Canterbury Earthquake (Social Security Act) Order 2011 (SR 2011/40)
Canterbury Earthquake (Tax Administration Act) Order (No 2) 2011 (SR 2011/375)
Canterbury Earthquake (Transport Legislation—Canterbury Regional Transport Planning) Order 2011 (SR 2011/345)
Canterbury Earthquake (Transport Legislation) Order 2010 (SR 2010/319)
Canterbury Earthquake (Transport Legislation) Order 2011 (SR 2011/39)

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”.

Part 2Consequential revocation

State Sector (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014 (LI 2014/372)
Reprints notes
1 General

This is a reprint of the Greater Christchurch Regeneration Act 2016 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Greater Christchurch Regeneration Amendment Act 2020 (2020 No 27)

Land Transfer Act 2017 (2017 No 30): section 250

Senior Courts Act 2016 (2016 No 48): section 183(b)