Canterbury Earthquake Recovery Bill

  • enacted

Hon Gerry Brownlee

Canterbury Earthquake Recovery Bill

Government Bill

286—1

Contents

Explanatory note

1  Title

2  Commencement

Part 1
Preliminary provisions

3  Purposes

4  Interpretation

5  Act binds the Crown

Part 2
Functions and powers to assist recovery and rebuilding

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

6  Community forum

7  Cross-party forum

Subpart 2Minister and chief executive of CERA

8  Functions of Minister

9  Functions of chief executive

10  Powers to be exercised for purposes of this Act

Subpart 3Development and implementation of planning instruments

Recovery Strategy

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

12  Process for developing Recovery Strategy

13  Public notification of draft Recovery Strategy

14  Changes to Recovery Strategy

15  Effect of Recovery Strategy

Recovery Plans

16  Recovery Plans generally

17  Recovery Plan for CBD

18  Public notification of draft Recovery Plan for CBD

19  Relationship between Recovery Plans and Recovery Strategy

20  Development of Recovery Plans

21  Approval of Recovery Plans

22  Changes to Recovery Plan

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

24  Councils to amend documents if required

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

26  Relationship to other instruments

Provisions affecting councils and others

27  Suspension of plan, etc

28  Council contracts that require chief executive's consent

Subpart 4Further provisions

Information gathering, reports, and investigations

29  Requiring information to be given

30  Dissemination of information

31  Commissioning reports

32  Investigations

Power of entry

33  Authorised person may enter premises

34  Exercise of power of entry

Surveys

35  Approval of cadastral survey datasets

36  New surveys

37  Disputes

Building works, etc

38  Works

39  Provisions relating to demolition or other works

40  Compensation for demolition of buildings

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

42  Offences relating to works

43  Subdividing land, etc

44  Temporary buildings

45  Access to areas or buildings

46  Closing and stopping roads, etc

47  Offences relating to roads

Directions

48  Directions to take or stop taking action

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

50  Call-in notices

Provisions relating to real or personal property

51  Power to direct owner to act for benefit of adjoining owners

52  Acquiring or disposing of property

53  Notice of intention to take land

54  Proclamation

55  Proclamation to be registered

56  Vacant possession

57  Certain land must be offered back

58  Application of Ngāi Tahu Claims Settlement Act 1998

Subpart 5Compensation under this Act

59  When this subpart applies

60  Meaning of compensation

61  Entitlement to compensation

62  Procedure for claiming compensation

63  Minister determines compensation

64  Time for making determination

65  Exercise of power unaffected by claim for compensation

66  No compensation except as provided by this Act

Subpart 6Appeal rights

67  Appeal

68  Exceptions to exclusion of appeals

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

Subpart 7Delegated legislation

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

Canterbury Earthquake Recovery Review Panel

71  Canterbury Earthquake Recovery Review Panel

72  Function of Canterbury Earthquake Recovery Review Panel

73  Procedure for recommending Order in Council

74  Further provisions about Orders in Council

75  Regulations (Disallowance) Act 1989 applies

Subpart 8Miscellaneous provisions

Compliance orders

76  Power of chief executive to order compliance

77  Service of compliance order

78  Appeal to High Court

79  Appeal to Court of Appeal

80  Offence of breaching compliance order

Other matters

81  Power of courts to extend or shorten time

82  Protection from liability

83  Actions of emergency management personnel

84  Continuation of emergency management measures

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

86  Transfer of Crown contracts, etc

87  Quarterly report on operation of this Act

88  Repeal and savings

89  Orders in Council amended

90  Commission dissolved

91  Annual reviews of Act

92  Expiry and revocations

Schedule 1
Form

Schedule 2
Orders in Council amended


The Parliament of New Zealand enacts as follows: