Canterbury Earthquake Response and Recovery Bill

  • enacted

Explanatory note

General policy statement

The purpose of this Bill is to ensure that the Government has adequate statutory power to assist with the response to the Canterbury earthquake.

The Bill creates an Order in Council mechanism that—

  • enables the relaxation or suspension of some statutory requirements that may divert resources away from the effort to efficiently respond to the damage caused by the Canterbury earthquake and to minimise further damage, or that may not be capable of being complied with, or complied with fully, owing to the circumstances resulting from the Canterbury earthquake; and

  • facilitates the gathering of information about any structure or any infrastructure affected by the Canterbury earthquake that is relevant to understanding how to minimise the damage caused by earthquakes.

The Bill establishes the Canterbury Earthquake Recovery Commission to advise Ministers with respect to any Orders in Council that may be required, and how resources might be prioritised and funding allocated, for the response to the Canterbury earthquake.

The Bill also provides protection from liability for certain acts or omissions and provides that the Bill does not create a right to compensation.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 relates to commencement.

Part 1
Preliminary provisions

Clause 3 states the purpose of the Bill.

Clause 4 relates to interpretation.

Clause 5 provides that the Bill binds the Crown.

Part 2
Response and recovery provisions

Clause 6 provides that the Governor-General may make Orders in Council reasonably necessary or expedient for the purpose of this Bill. An Order in Council made under this provision may grant an exemption from, or modify, or extend any provision of any enactment (other than an Act specified in clause 6(6)(c)) for the purpose of this Bill.

Clause 7 provides that no Order in Council made under clause 6 may be held invalid on certain grounds. It also provides that an Order in Council made under clause 6 may not apply before 4 September 2010 or remain in force beyond 1 April 2012.

Clause 8 provides that the Regulations (Disallowance) Act 1989 applies.

Clause 9 establishes the Canterbury Earthquake Recovery Commission (recovery commission), which is to consist of 7 commissioners (3 mayors and 4 appointees).

Clause 10 sets out the functions of the recovery commission.

Clause 11 provides for the appointment of commissioners.

Clause 12 concerns the provision of terms of reference for the commissioners.

Clause 13 provides for the subsequent appointment of commissioners.

Clause 14 provides for the appointment of the chairperson and deputy chairperson of the recovery commission.

Clause 15 specifies the term of office of appointed commissioners.

Clause 16 concerns the remuneration and expenses of appointed commissioners.

Clause 17 specifies when clauses 6 to 16 cease to apply.

Clause 18 provides for the exclusion of liability for commissioners.

Clause 19 provides for the protection from liability for certain acts or omissions.

Clause 20 provides that the Bill does not create a right to compensation.

Clause 21 specifies when the Bill expires.