This note is not part of the order, but is intended to indicate its general effect.
This Order in Council is made under the Canterbury Earthquake Response and Recovery Act 2010 and its effect is temporary. The order is deemed to have come into force on 22 February 2011 and expires on the close of 31 March 2012.
The order authorises the Christchurch City Council, the Selwyn District Council, and the Waimakariri District Council (the councils) to exercise powers in relation to reserves for certain purposes that the councils would otherwise be prohibited from exercising or prohibited from exercising without satisfying certain preconditions, for example, consulting the public or hearing objections.
A reserve for the purposes of the order is defined in clause 4 and means any land (or part of any land) within the district of a council—
that is a Crown reserve; or
that is a reserve or a public reserve (as those terms are defined in section 2(1) of the Reserves Act 1977) owned, administered, managed, or controlled by the council; or
that is any other land owned, administered, managed, controlled, or held by the council under any enactment (other than the Reserves Act 1977) as a reserve or park, or for community purposes.
Clause 5 sets out the actions that a council may take in relation to a reserve. These are—
to undertake remedial work on the reserve that is necessary as a result of the Canterbury earthquake. Remedial work is defined in clause 4 as any work necessary to remediate a reserve to enable use of it, or any land adjacent to it, to be resumed, or to protect the reserve from further damage from the earthquake, or both:
to use the reserve or erect a structure on the reserve for—
a depot or any other storage facility (for example, for the storage of vehicles, demolition waste, or building or other materials):
temporary housing or accommodation, including sanitary and other ancillary facilities:
emergency medical facilities:
public information centres:
educational purposes, including educational facilities:
works associated with the repair and renewal of council infrastructure:
works associated with flood protection:
works site offices:
repair, construction, or assembly of buildings:
access to other land:
to use the reserve or to erect a structure on the reserve for any other purpose, if the use or structure is necessary to respond in a timely manner to any circumstances resulting from the earthquake:
to prohibit persons from entering or remaining on a reserve:
to require persons to leave a reserve.
Clause 6 empowers the councils to act under clause 5 in relation to a reserve despite the management plan for the reserve, the Reserves Act 1977, or any other enactment under which the reserve is held or that applies to the reserve. However, a council, in doing so,—
must take all reasonable steps in the circumstances to protect the integrity of the reserve; and
where undertaking remedial work, or, if the reserve is adversely affected by the council's actions, must reinstate the reserve as closely as practicable to its prior condition.
In addition, under clause 6(3), a council must not act or must cease acting under clause 5 in relation to a Crown reserve if the Minister of Conservation directs it to do so.
Clause 7 relates to persons or bodies who have legal rights and obligations in respect of a reserve, for example, rights and obligations under an easement, a lease, or a licence. Clause 7(2) provides that those rights and obligations are subject to the powers conferred on a council under this order. Accordingly, where there is a conflict, the powers of the council will prevail.
However, clause 7 requires the council to make reasonable endeavours to give notice to the person or body before exercising a power affecting that person's or body's rights and obligations.