Canterbury Earthquake (Reserves Legislation) Order 2011

  • revoked
  • Canterbury Earthquake (Reserves Legislation) Order 2011: revoked, on 10 November 2011, by clause 8 of the Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011 (SR 2011/368).

Reprint
as at 10 November 2011

Coat of Arms of New Zealand

Canterbury Earthquake (Reserves Legislation) Order 2011

(SR 2011/56)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 21st day of March 2011

Present:
His Excellency the Governor-General in Council

  • Canterbury Earthquake (Reserves Legislation) Order 2011: revoked, on 10 November 2011, by clause 8 of the Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011 (SR 2011/368).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Department of Conservation.


Pursuant to section 6 of the Canterbury Earthquake Response and Recovery Act 2010, His Excellency the Governor-General makes the following order acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the relevant Minister made in accordance with section 6(2) of that Act.

Order

1 Title
  • This order is the Canterbury Earthquake (Reserves Legislation) Order 2011.

2 Commencement
  • This order is deemed to have come into force on 22 February 2011.

3 Expiry
  • This order expires on the close of 31 March 2012.

4 Interpretation
  • In this order, unless the context requires another meaning,—

    council

    • (a) means—

      • (i) Christchurch City Council:

      • (ii) Selwyn District Council:

      • (iii) Waimakariri District Council; and

    • (b) includes a person acting under the written authority of—

      • (i) a council specified in paragraph (a); or

      • (ii) the chief executive officer of a council specified in paragraph (a)

    Crown reserve

    • (a) means—

      • (i) a reserve or a public reserve (as those terms are defined in section 2(1) of the Reserves Act 1977) that is vested in the Crown under the Reserves Act 1977, whether or not administered, managed, or controlled by another person on behalf of the Crown; and

      • (ii) a reserve that is owned or vested in the Crown under any enactment (other than the Reserves Act 1977), whether or not administered, managed, or controlled by another person on behalf of the Crown; but

    • (b) does not include a reserve described in paragraph (a) that is administered, managed, controlled, or held by a council on behalf of the Crown

    remedial work means any work necessary to remediate a reserve affected by the Canterbury earthquake for either or both of the following purposes:

    • (a) to enable use of the reserve, or any land adjacent to the reserve, to be resumed:

    • (b) to protect the reserve from further damage from the Canterbury earthquake

    reserve

    • (a) means any land within the district of a council—

      • (i) that is a Crown reserve; or

      • (ii) that is a reserve or a public reserve (as those terms are defined in section 2(1) of the Reserves Act 1977) that is owned, administered, managed, or controlled by the council; or

      • (iii) that is 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; and

    • (b) includes part of any land described in paragraph (a).

5 Council powers in relation to reserves
  • A council may do 1 or more of the following:

    • (a) undertake remedial work on a reserve:

    • (b) use a reserve or erect a structure on a reserve for—

      • (i) a depot or any other storage facility (for example, for the storage of vehicles, demolition waste, or building or other materials):

      • (ii) temporary housing or accommodation, including sanitary and other ancillary facilities:

      • (iii) emergency medical facilities:

      • (iv) public information centres:

      • (v) aircraft movements:

      • (vi) educational purposes, including educational facilities:

      • (vii) works associated with the repair and renewal of council infrastructure:

      • (viii) works associated with flood protection:

      • (ix) works site offices:

      • (x) repair, construction, or assembly of buildings:

      • (xi) access to other land:

    • (c) use a reserve or erect a structure on a reserve for any purpose not described in paragraphs (a) and (b), if the use or structure is necessary in the opinion of the council or the chief executive of the council to respond in a timely manner to any circumstances resulting from the Canterbury earthquake:

    • (d) prohibit persons from entering or remaining on a reserve:

    • (e) require persons to leave a reserve.

6 Actions of council authorised despite management plan, Reserves Act 1977, or other enactment
  • (1) A council may act under clause 5 in relation to a reserve—

    • (a) despite anything to the contrary in 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; or

    • (b) without complying with any requirement in 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 (for example, any provision relating to public notification or the hearing of objections).

    (2) However, when doing so, the council—

    • (a) must take all reasonable steps in the circumstances to protect the integrity of the reserve; and

    • (b) 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.

    (3) Despite subclause (1), 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.

7 Rights and obligations of third parties subject to council powers
  • (1) In this clause, rights and obligations means rights and obligations under or in relation to an easement, a lease, a licence, a covenant, or other legal permission.

    (2) The powers conferred on a council under this order—

    • (a) have effect despite the rights and obligations of any person or body granted in respect of a reserve; and

    • (b) where necessary, override those rights and obligations.

    (3) However, before exercising a power under this order, a council must make reasonable endeavours to give notice to a person or body whose rights and obligations in respect of a reserve will be affected or overridden by the council's exercise of that power.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

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:

    • aircraft movements:

    • 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.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 24 March 2011.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Canterbury Earthquake (Reserves Legislation) Order 2011. The reprint incorporates all the amendments to the order as at 10 November 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011 (SR 2011/368): clause 8