Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 3) 2015

2015/239

Coat of Arms of New Zealand

Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 3) 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 19th day of October 2015

Present:
The Right Hon John Key presiding in Council

Pursuant to section 71 of the Canterbury Earthquake Recovery Act 2011, 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 Minister for the Environment made following the Canterbury Earthquake Recovery Review Panel’s review of a draft of the order and after having regard to its recommendations.

Order

1 Title

This order is the Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 3) 2015.

2 Commencement

This order comes into force on 20 November 2015.

3 Principal order
4 Clause 6 amended (Council must review existing district plans and prepare replacement district plan)
5 Clause 12 amended (Hearings and decisions on proposals)

In clause 12(2), delete “, and in any case not later than 9 March 2016”.

6 Clause 21 amended (Decision on request for change)

In clause 21(5)(a)(i), replace “by 9 March 2016” with “before any time limit specified in the terms of reference under clause 9 (which may be the date on which the order is revoked or any later date)”.

Michael Webster,
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, which comes into force on 20 November 2015, amends the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 (the principal order).

Clause 4 amends clause 6 of the principal order, which requires the Christchurch City Council (the Council) to review its existing district plans and prepare a replacement district plan. The amendment removes the requirement that the Council must notify all proposals in sufficient time for the hearings panel to be able to make decisions on those proposals by 9 March 2016.

Clause 5 amends clause 12(2) of the principal order, which sets a final date by which the hearings panel established to hear submissions and make decisions on the Council’s proposed replacement district plan must make those decisions. The amendment removes the end date (so that the time by which the panel must make its decisions is solely dependent on any specified time limits stated in any terms of reference set for the panel under clause 9 of the principal order).

Clause 6 amends clause 21(5) of the principal order, which empowers the hearings panel to reject a request for a change to an existing district plan or the replacement district plan if the panel considers that it would be unable to make a decision on the proposal by 9 March 2016. The amendment allows for a different possible end date to be set in the terms of reference for the hearings panel.

This order is made under the Canterbury Earthquake Recovery Act 2011 and its effect is temporary.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 22 October 2015.

This order is administered by the Ministry for the Environment.