Christ Church Cathedral Reinstatement Bill

Christ Church Cathedral Reinstatement Bill

Government Bill

2—1

Explanatory note

General policy statement

The Christ Church Cathedral Reinstatement Bill (the Bill) will facilitate the reinstatement of the Christ Church Cathedral (the Cathedral). Almost 7 years after the earthquake of 22 February 2011, the Category One Heritage New Zealand site remains significantly damaged and barricaded.

Cathedral demolition works were enabled under the Canterbury Earthquake Recovery Act 2011 emergency legislation through a section 38 notice issued in 2011; that is, the works were intended to be enabled in the response and recovery phase. Protracted litigation has delayed decision-making, with further litigation threatened if the property owner (the Church Property Trustees) proceeds with any action that is not full reinstatement. The effects of the litigation deadlock and uncertainty have extended beyond the building itself, with an impact on the recovery and regeneration of greater Christchurch, due to its uniquely central location and rich cultural value.

This Bill is part of an offer accepted by the Synod of the Anglican Diocese of Christchurch to provide certainty and confidence to the public, businesses, and investors about the future of the Cathedral.

Purpose

The general purpose of the Bill is to facilitate the reinstatement of the Christ Church Cathedral. It will provide an appropriate regulatory framework to allow for reinstatement by reducing impediments and risks, and providing flexibility where needed to the delivery process. This is important to help maintain recovery and regeneration momentum by providing certainty and confidence that the reinstatement will not be further delayed, unlocking the development of Cathedral Square and the surrounding area. It will also protect the Crown’s considerable investment in nearby anchor projects and in the recovery and regeneration of the central city as a whole.

Delegated legislation

The Bill creates an Order in Council mechanism (with appropriate checks and balances) that permits the Governor-General to make Orders in Council on the recommendation of the Minister who is responsible for the administration of the legislation. These Orders in Council can grant exemptions from, modify, or extend an enactment, or any provisions of certain enactments.

This process facilitates reinstatement without needing to anticipate every power or statutory provision that may need to be amended to achieve the Bill’s purpose.

The nature of the Order in Council mechanism is such that it will be able to address a range of issues affecting the likely pace and trajectory of the reinstatement project.

The Bill has similar controls to those in the Hurunui/Kaikōura Earthquakes Recovery Act 2016, with appropriate changes, such as more time for review and public comment, and no retrospectivity allowed.

The Bill proposes to impose a time restriction on the right to judicial review. It provides that any application for review under the Judicial Review Procedure Act 2016 that relates to an order or a related recommendation or decision of the Minister must be made to the High Court within 28 days after the making of the order, recommendation, or decision (or such longer time as that court allows).

There are a number of controls in the Bill to provide checks and balances on the process. These checks and balances are as follows:

  • the limitation of the geographic scope of the Bill to Cathedral Square:

  • an Order in Council must be necessary or desirable for the proposed purpose:

  • there is a list of Acts that an Order in Council can relate to, and some Acts are specifically excluded (for example, the New Zealand Bill of Rights Act 1990 and the Electoral Act 1993):

  • a Review Panel, whose members’ experience could include legal and other relevant expertise, will review draft Orders in Council and provide advice to the relevant Minister:

  • the Minister will be required to publish his or her reasons for recommending an Order in Council, to increase transparency:

  • providing draft Orders in Council to the Regulations Review Committee, or to leaders of political parties if the House is adjourned:

  • providing for sunset clauses for both the legislation and any orders.

There is provision to add additional Acts, including regulations and legislative instruments made under them.

Timing

This Bill, including every order made under it, is repealed 15 years after the date of the commencement, to allow for the completion of the Cathedral reinstatement project (at least 10 years).

Departmental disclosure statement

The Department of the Prime Minister and Cabinet is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact assessment

The Department of the Prime Minister and Cabinet produced a regulatory impact assessment on 4 December 2017 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides for the Bill to come into force on the day after the date of Royal assent.

Part 1Preliminary provisions

Clause 3 provides that the purpose of the Bill is to facilitate reinstatement of the Christ Church Cathedral in Cathedral Square in Christchurch and, in particular,—

  • to facilitate reinstatement in an expedited manner compared with processes and requirements outside this Bill; or

  • to provide a cost-effective process for reinstatement compared with processes outside this Bill; or

  • to achieve earlier or greater certainty for the owner of the Cathedral and the Christchurch community generally as to the reinstatement of the Cathedral than would be likely under processes and requirements outside this Bill.

Clause 4 defines terms used in the Bill, including—

  • Cathedral area, which means Cathedral Square:

  • Minister, which means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Bill:

  • reinstatement, which includes seismic strengthening, and demolition, deconstruction, improvement, enhancement, or repair of any part of the Cathedral.

Clause 5 relates to transitional, savings, and related provisions.

Clause 6 provides that the Bill binds the Crown.

Part 2Orders in Council

Clause 7 provides for Orders in Council to be made to grant exemptions from, modify, or extend any provisions of an enactment referred to in Schedule 2.

An Order in Council (an order) can be made only in connection with Cathedral Square.

An order is made on the recommendation of the Minister responsible for the administration of this Bill.

Key restrictions on orders

Clause 8 provides that the Minister must not recommend the making of an order unless certain procedural steps are followed. These include—

  • the Minister being satisfied that the order is necessary or desirable for the purpose of this Bill and that the order does not breach clause 11; and

  • a review of a draft of the order by the Panel appointed under clause 12; and

  • the provision of a draft of the order to the Regulations Review Committee or, if the House of Representatives is adjourned, each leader of a political party represented in Parliament (unless a leader cannot be contacted after reasonable efforts); and

  • the Minister having regard to the recommendations of the Panel and the comments provided by the Committee or a party leader; and

  • if applicable, the Minister consulting the Ministers responsible for the administration of the Heritage New Zealand Pouhere Taonga Act 2014 and the Resource Management Act 1991.

Clause 9 specifies how the Minister must conduct the public consultation required by clause 8.

Clause 10 requires the Minister to publish the reasons for his or her recommendation.

Clause 11 imposes further restrictions on orders. For example, an order cannot modify a requirement or restriction imposed by constitutional statutes (including the New Zealand Bill of Rights Act 1990).

Christ Church Cathedral Reinstatement Review Panel

Clauses 12 to 14 provide for the Panel. The functions of the Panel are to—

  • review draft orders; and

  • provide advice on request to the Minister in relation to orders that may be required.

Further provisions about orders

Clause 15 provides that orders are revoked on the close of the period of 15 years beginning on the date of commencement of the Bill (unless sooner revoked).

Clause 16 provides for the validity of orders. No provision is made for retrospective orders.

Clause 17 applies if the High Court holds, on an application for judicial review, that the whole or part of an order under clause 7 is not authorised or that the whole or part of a related recommendation or decision is invalid. This clause provides that any action taken under, or in reliance on, the order, recommendation, or decision before the court’s determination must be treated as valid and effective to the extent that it would have been if authorised or otherwise valid in the first place. However, this protection is subject to the court’s power to override the protection if it thinks just.

Other orders

Clause 18 provides that, in limited circumstances, an order can be made adding Acts to the list in Schedule 2. The effect of an order under this clause is to extend the application of this Bill by enabling orders to be made under clause 7 that modify provisions in the added Acts to the extent that those provisions apply to Cathedral Square. The Minister must not recommend that the order be made unless he or she is satisfied that the order is necessary or desirable for the purpose of this Bill and that it does not breach clause 11(1)(a) to (c).

Clause 19 provides that an Order in Council to add an Act to the application of the Bill is revoked if it is not approved by the House of Representatives.

Clause 20 requires the Minister to publish the reasons for his or her recommendation under clause 18.

Application of Legislation Act 2012

Clause 21 confirms that Orders in Council made under the Bill are disallowable instruments and legislative instruments under the Legislation Act 2012.

Time restriction on judicial review

Clause 22 provides that any application for review under the Judicial Review Procedure Act 2016 that relates to an order or a related recommendation or decision of the Minister must be made to the High Court within 28 days after the making of the order, recommendation, or decision or within any further time allowed by the High Court.

Report on operation of Act

Clause 23 requires the Minister to report to the House of Representatives on the operation of this Bill. A report is required every 12 months.

Cathedral land

Clause 24 cancels restrictions and conditions on the record of title for the Cathedral land that are no longer necessary.

Repeal

Clause 25 provides for the repeal of this Bill after 15 years of operation.

1 Title

This Act is the Christ Church Cathedral Reinstatement Act 2017.

2 Commencement

This Act comes into force on the day after the date of Royal assent.

Part 1 Preliminary provisions

3 Purpose

The purpose of this Act is to facilitate reinstatement of the Cathedral and, in particular,—

(a)

to facilitate reinstatement in an expedited manner compared with processes and requirements outside this Act; or

(b)

to provide a cost-effective process for reinstatement compared with processes outside this Act; or

(c)

to achieve earlier or greater certainty for the owner of the Cathedral and the Christchurch community generally as to the reinstatement of the Cathedral than would be likely under processes and requirements outside this Act.

4 Interpretation

In this Act, unless the context otherwise requires,—

Cathedral

(a)

means Christ Church Cathedral in Cathedral Square in Christchurch; and

(b)

includes all ancillary structures and improvements proximate to, and directly associated with, the Cathedral

Cathedral area means the land that is legally described as Lot 1 DP 39475, Lot 2 DP 39475, Lot 1 SO 6659, and Section 1193 Town of Christchurch, and includes any adjacent land vested in Christchurch City Council as road

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

Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

order means an Order in Council made under section 7

Panel means the Christ Church Cathedral Reinstatement Review Panel established under section 12

reinstatement includes 1 or more of the following:

(a)

seismic strengthening of any part of the Cathedral:

(b)

demolition or deconstruction of any part of the Cathedral:

(c)

reinstatement of any part of the Cathedral:

(d)

improvement or enhancement of any part of the Cathedral or the design of any part of the Cathedral:

(e)

repair of any part or materials of the Cathedral:

(f)

reuse of any materials of the Cathedral:

(g)

any activity that is ancillary to any activity described in paragraphs (a) to (f).

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.

Part 2 Orders in Council

7 Governor-General may make Orders in Council

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, grant exemptions from, modify, or extend an enactment, or any provisions of an enactment, referred to in Schedule 2 in connection with the whole or a part of the Cathedral area.

(2)

An exemption from, modification of, or extension of an enactment or a provision—

(a)

may be absolute, or subject to terms or conditions; and

(b)

may be made by—

(i)

stating alternative means of complying with the enactment or provision; or

(ii)

substituting a discretionary power for the provision.

(3)

Subsection (2) does not limit subsection (1).

(4)

To avoid doubt, the power to make an Order in Council under this section includes the power to amend any Order in Council in force under this section.

(5)

In this Act, modify,—

(a)

in relation to an enactment, includes to add provisions:

(b)

in relation to an enactment, includes to grant any statutory authorisation or other permission or right under that enactment:

(c)

in relation to a provision, includes to replace, disapply, or suspend the provision:

(d)

includes to limit or exclude the jurisdiction of a court under an enactment.

Compare: 2016 No 102 s 7

Key restrictions on orders

8 Minister may recommend order only for purpose of Act, etc

(1)

The Minister must not recommend the making of an order unless—

(a)

the Minister is satisfied that—

(i)

the order is necessary or desirable for the purpose of this Act; and

(ii)

the order does not breach section 11; and

(b)

a draft of the order has been reviewed by the Panel; and

(c)

a draft of the order has been provided to—

(i)

the Committee of the House of Representatives that is responsible for the review of disallowable instruments; or

(ii)

if the House of Representatives is adjourned, each leader of a political party represented in Parliament (unless a leader cannot be contacted after reasonable efforts have been made); and

(d)

the Minister has had regard to—

(i)

the Panel’s recommendations on the draft order; and

(ii)

the comments on the draft order (if any) that are provided by the Committee or a leader referred to in paragraph (c) and that are provided within 20 working days after the date on which the draft order is first provided under paragraph (c) or any longer time allowed by the Minister; and

(e)

if the order relates to the Heritage New Zealand Pouhere Taonga Act 2014, the Minister has consulted the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of that Act; and

(f)

if the order relates to the Resource Management Act 1991, the Minister has consulted the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of that Act; and

(g)

the engagement process under section 9 has been complied with.

(2)

The draft order provided to the Panel and under subsection (1)(c) must be accompanied by a draft of the Minister’s reasons for a recommendation under subsection (1) (including why the draft order is appropriate).

(3)

Where a draft of the order has been subject to the process under subsection (1)(b), (c), (d), (e), (f), or (g), that paragraph applies to a subsequent draft of the order only if the Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process.

Compare: 2016 No 102 s 8

9 Engagement about proposal

(1)

For the purposes of section 8(1)(g), the Minister must—

(a)

make available a document referred to in subsection (2) to—

(i)

the persons or representatives of persons that the Minister considers appropriate given the proposed effect of the order; or

(ii)

the public generally; and

(b)

invite those persons to make written comments about the document; and

(c)

give those persons 20 working days from the making of the invitation within which to make their comments to the Minister or any longer time allowed by the Minister; and

(d)

have regard to those comments that are received within the 20-working-day period or within the longer time allowed by the Minister.

(2)

The document must include—

(a)

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

(b)

a description of the proposed effect of the order; and

(c)

an explanation of why the Minister considers that the order is necessary or desirable for the purpose of this Act.

(3)

Subsection (1) and section 8(1)(g) do not apply, or do not apply to a person or class of persons, if the Minister is satisfied that—

(a)

engagement is impracticable in the circumstances; or

(b)

the urgency of the situation requires that the order be made as soon as practicable without that engagement.

(4)

If subsection (3) is relied on, the Minister’s reasons for relying on that subsection must be published together with the order.

Compare: 2016 No 102 s 9

10 Reasons for order must be published

If the Minister makes a recommendation under section 7, the Minister’s reasons for making the recommendation (including why the order is appropriate) must be published together with the order.

Compare: 2016 No 102 s 10

11 Further restrictions on orders

(1)

Despite anything else in this Act, an order must not—

(a)

grant an exemption from or modify a requirement to—

(i)

release a person from custody or detention; or

(ii)

have any person’s detention reviewed by a court, Judge, or Registrar; or

(b)

grant an exemption from or modify a restriction on keeping a person in custody or detention; or

(c)

grant an exemption from or modify a requirement or restriction imposed by the Bill of Rights 1688, the Constitution Act 1986, the Electoral Act 1993, the Judicial Review Procedure Act 2016, the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014; or

(d)

contain any provision that has the effect of amending a provision of this Act.

(2)

Subsection (1)(d) does not limit section 18.

Compare: 2016 No 102 s 11

Christ Church Cathedral Reinstatement Review Panel

12 Christ Church Cathedral Reinstatement Review Panel

(1)

The Minister must appoint a Christ Church Cathedral Reinstatement Review Panel of up to 6 persons who have appropriate knowledge, skills, and experience to assist the Panel to perform its functions.

(2)

One of the members must be a former or retired Judge of the High Court (and that member will be the convener).

(3)

In appointing a person as a member, the Minister must consider whether the person has knowledge, skills, or experience relating to 1 or more of the following:

(a)

law, public administration, or local government:

(b)

mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture):

(c)

matters relevant to reinstatement of the Cathedral.

(4)

A member of the Panel must be appointed by notice of appointment in writing that—

(a)

states the date on which the appointment takes effect; and

(b)

states the term of the appointment.

(5)

If, for any reason, the convener is unable or unwilling to act in relation to a matter or class of matters,—

(a)

the convener may designate any other member of the Panel to act in the convener’s place; or

(b)

if the convener is unable or unwilling to act under paragraph (a), the Minister may designate any other member of the Panel to act in the convener’s place.

(6)

If a person (A) is designated to act in the convener’s place under subsection (5) in relation to a matter or class of matters, references in this section and sections 13 and 14 to the convener must, in relation to the matter or matters, be treated as references to A.

(7)

An appointed member vacates office if he or she—

(a)

is removed by written notice given by the Minister; or

(b)

resigns by written notice given to the Minister.

(8)

The department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act must provide administrative support for the Panel.

Compare: 2016 No 102 s 12

13 Panel may act by division

(1)

The convener may determine that the Panel may act in separate divisions of the Panel in relation to any matter or class of matters.

(2)

A division must consist of—

(a)

the convener; and

(b)

at least 3 other members of the Panel selected by the convener.

(3)

Subsection (2) is subject to section 12(5) and (6).

(4)

For the purposes of acting in relation to any matter or class of matters referred to a division of the Panel, the Panel consists of the division and section 14 applies with any necessary modifications.

Compare: 2016 No 102 s 13

14 Functions of Panel

(1)

The functions of the Panel are—

(a)

to review draft orders; and

(b)

to provide advice on request to the Minister in relation to orders that may be required for the purpose of this Act.

(2)

Within 20 working days after the date on which a draft order is received for review, or any longer time allowed by the Minister, the Panel must—

(a)

review the draft; and

(b)

give the Panel’s recommendations to the Minister.

(3)

A review by the Panel may be conducted in any manner that the convener thinks appropriate, including by telephone or video conference.

(4)

The convener has a casting vote if there are more than 2 members voting and there is an equality of votes.

(5)

The Minister must ensure that the Panel’s recommendations on a draft order are publicly available on an Internet site.

(6)

The Panel’s recommendations must include the Panel’s reasons for making the recommendations.

(7)

The Minister must, as soon as practicable after receiving the Panel’s recommendations on a draft order, present a copy of the recommendations to the House of Representatives.

Compare: 2016 No 102 s 14

Further provisions about orders

15 Orders revoked after 15 years

Every order is revoked on the close of the period of 15 years beginning with the date of the commencement of this Act (unless sooner revoked).

Compare: 2016 No 102 s 15

16 Validity of orders

(1)

An order may not be held invalid just because—

(a)

it is, or authorises any act or omission that is, inconsistent with any enactment referred to in Schedule 2; or

(b)

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

(2)

So far as it is authorised by this Act, an order has the force of law as if it were enacted as a provision of this Act.

(3)

This section is subject to section 11.

Compare: 2016 No 102 s 16

17 Actions taken before determination of invalidity

(1)

This section applies if the High Court determines, on an application for review, that—

(a)

the whole or part of an order under section 7 is not authorised by this Act; or

(b)

the whole or part of a recommendation or decision under this Act is invalid.

(2)

Any action taken under, or in reliance on, the order, recommendation, or decision before the determination is made must be treated as valid and effective to the extent that it would have been had the order, recommendation, or decision been authorised or otherwise valid when it was made.

(3)

However, if the court considers that it is just to do so, the court may order that subsection (2) does not apply (whether generally or in particular circumstances).

Compare: 2016 No 102 s 17

Other orders

18 Order in Council may specify additional Acts

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, specify 1 or more Acts for the purposes of Schedule 2.

(2)

The Minister may make a recommendation for an Order in Council under subsection (1) only if—

(a)

the Minister is satisfied that—

(i)

the order is necessary or desirable for the purpose of this Act; and

(ii)

the order does not breach section 11(1)(a) to (c); and

(b)

a draft of the order has been provided to each leader of a political party represented in Parliament; and

(c)

the Minister is satisfied that there is unanimous or near unanimous support for the order from those leaders.

(3)

The draft order provided under subsection (2)(b) must be accompanied by a draft of the Minister’s reasons for a recommendation under subsection (2) (including why the draft order is appropriate).

(4)

Where a draft of the order has been subject to the process under subsection (2)(b) or (c), that paragraph applies to a subsequent draft of the order only if the Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process.

Compare: 2016 No 102 s 18

19 Order to add Acts revoked if not approved by House

(1)

An Order in Council under section 18 is revoked on the expiry of the relevant period (unless it is earlier revoked) if no motion to approve the order is agreed to by the House of Representatives within that period.

(2)

The relevant period is the longer of the following:

(a)

the period of 10 sitting days of the House of Representatives after the date on which the order is made:

(b)

the period of 28 days after the date on which notice that the order has been made is given in the Gazette.

(3)

An order under section 7 that relates to an Act specified by an Order in Council under section 18 that is revoked under subsection (1) is also revoked at the same time.

Compare: 2016 No 102 s 19

20 Reasons for order must be published

If the Minister makes a recommendation under section 18, the Minister’s reasons for making the recommendation (including why the Order in Council is appropriate) must be published together with the order.

Compare: 2016 No 102 s 20

Application of Legislation Act 2012

21 Application of Legislation Act 2012

(1)

Despite section 16(2), an Order in Council made under this Act is a disallowable instrument for the purposes of the Legislation Act 2012.

(2)

An Order in Council made under this Act is also 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.

Compare: 2016 No 102 s 21

Time restriction on judicial review

22 Restriction on judicial review of Orders in Council and related matters

(1)

This section applies to—

(a)

recommendations of the Minister that an Order in Council be made under section 7 or 18 and the related decisions of the Minister:

(b)

Orders in Council made under section 7 or 18.

(2)

An application for review under the Judicial Review Procedure Act 2016 (or any proceeding required by that Act to be treated and disposed of as if it were an application for judicial review) that relates to any recommendation, decision, or order to which this section applies must be made to the High Court—

(a)

not later than 28 days after the date of the making of that recommendation, decision, or order; or

(b)

within any further time allowed by the High Court on application made before the expiry of that 28-day period.

Report on operation of Act

23 Report on operation of Act

(1)

The Minister must, at least once every 12 months, present to the House of Representatives a report relating to the operation of this Act since the last report was presented (or, in the case of the first report, since the commencement of this Act).

(2)

The report must, for the period covered by the report, include—

(a)

a list of the Orders in Council made under this Act during the period; and

(b)

a brief description of those orders.

Compare: 2016 No 102 s 22

Cathedral land

24 Restrictions and conditions relating to Cathedral land cancelled

(1)

The following restrictions and conditions that apply to the Cathedral land, as noted on the record of title CB18K/1392, are cancelled:

(a)

a restriction imposed under the Cathedral Square Ordinance 1872 on the erection of buildings on part of the land formally held in Certificate of Title 405/151 while holding some land as a site for the erection of the Cathedral:

(b)

a restriction imposed under section 8 of the Mining Act 1971:

(c)

a restriction imposed under section 168A of the Coal Mines Amendment Act 1950:

(d)

conditions imposed by Resolution 571660 of the Christchurch City Council, which relates to an application to construct a basement.

(2)

The Registrar-General of Land is directed to do anything necessary to give effect to subsection (1).

Repeal

25 Repeal of this Act

This Act is repealed on the close of the period of 15 years beginning with the date of the commencement of this Act.

Schedule 1 Transitional, savings, and related provisions

s 5

Part 1 Provisions relating to this Act as enacted

There are no transitional, savings, or related provisions relating to this Act as enacted.

Schedule 2 Enactments referred to in section 7

s 7

The enactments referred to in section 7 are—

(a)

the Heritage New Zealand Pouhere Taonga Act 2014:

(b)

the Resource Management Act 1991:

(c)

an Act that replaces (in whole or in part) an Act referred to in paragraph (a) or (b):

(d)

an Act specified for the purposes of this schedule in an Order in Council made under section 18:

(e)

regulations made under an Act referred to in any of paragraphs (a) to (c) or specified under paragraph (d):

(f)

any plan, programme, bylaw, or rule made under an enactment referred to in any of paragraphs (a) to (e).