This subpart provides for—

This section is only a guide to the general scheme and effect of this subpart.

In this subpart,—

Any of the following parties may be a proponent:

Subsection (1) is subject to subsections (3) to (6).

Regenerate Christchurch may not be a proponent in relation to a Plan or the exercise of the power in section 71 unless the Plan or the exercise of the power relates to an area of Christchurch district.

Only Regenerate Christchurch may be the proponent in relation to a Plan or the exercise of the power in section 71 that—

A territorial authority may not be a proponent in relation to a Plan or an exercise of the power in section 71 that relates to more than 1 district unless the territorial authority does so jointly with every other territorial authority to whose district the Plan or the exercise of power relates.

If subsection (5) applies,—

Sections 19 to 27 and 41 to 48 apply to a Plan that relates to any area of greater Christchurch.

However, in the case of a Plan that relates to any area of Christchurch district and not to any area outside that district,—

If a proponent or the Minister seeks the views of another party in accordance with this subpart, the party must provide its views within 30 working days after receiving a request to do so.

If a party fails to provide its views in that time, the proponent or the Minister may proceed on the basis that the party has no views on the matter.

Nothing in section 32 or Schedule 1 of the Resource Management Act 1991 applies to an action taken under this subpart.

This section applies if a local authority receives a request under clause 21 of Schedule 1 of the Resource Management Act 1991 to change the RMA document.

The local authority may reject the request in whole or in part on the ground that, within the last 2 years, the substance of the request or part of the request has been considered and given effect to, or rejected, under this subpart, under subpart 3 of Part 2 of the Canterbury Earthquake Recovery Act 2011, or under the replacement district plan process provided for by the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014.

The ground specified in subsection (2) is in addition to the grounds specified in clause 25(4) of Schedule 1 of the Resource Management Act 1991.

A proponent that proposes the development of a Regeneration Plan or the amendment of a Recovery Plan or Regeneration Plan referred to in section 15(1) must prepare a concise draft outline.

The draft outline must contain the following:

The proposed opportunities for public engagement must include, as a minimum, the requirements set out in section 24(1).

The proponent must provide the draft outline prepared under section 19 to, and seek the views of, each of the following parties that is not the proponent:

The proponent must—

The Minister must approve or decline an outline that has been finalised in accordance with section 20.

In making a decision, the Minister must—

If the Minister approves the outline, the proponent must publish a notice that—

If the Minister declines an outline under section 21, the Minister must provide reasons for his or her decision to the proponent.

The proponent may make any modifications to the declined outline that the proponent thinks fit.

If the proponent modifies the outline in accordance with subsection (2), sections 20 and 21 and this section apply accordingly.

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

If the Minister approves an outline under section 21, the proponent must develop a draft Plan or amendment in accordance with the outline.

The proponent must, in developing the draft Plan or amendment, seek the views of each of the following that is not the proponent:

When the proponent has developed the draft Plan or amendment under section 23, the proponent must publish a notice that—

The notice must also advise of any other opportunity for public engagement in relation to the draft Plan or amendment (including any opportunity identified in the outline approved under section 21).

The proponent must, at the time the proponent publishes the notice, ensure that a concise statement recording the views provided under section 23 is made publicly available.

The proponent must—

The proponent must, at the time the proponent submits the draft Plan or amendment, ensure that the statement summarising the comments and other input is made publicly available.

The Minister must approve or decline a draft Plan or amendment that has been finalised in accordance with section 25.

In making a decision, the Minister must—

If the Minister approves the Plan or amendment, the Minister must publish a notice that specifies—

If the Minister declines to approve a draft Plan or amendment under section 26, the Minister must provide reasons for his or her decision to the proponent.

The proponent may make any modifications to the draft Plan or amendment that the proponent thinks appropriate.

If the proponent modifies the draft Plan or amendment in accordance with subsection (2), sections 23(2) and 24 to 26 and this section apply accordingly.

However, if the proponent modifies a discrete part or discrete parts of the draft Plan or amendment, the proponent is not required, in relation to any unmodified part of the draft Plan or amendment, to—

Subsections (2) and (3) do not apply if the Minister, having declined a modified draft Plan or amendment, indicates that he or she will not consider further modifications of that draft Plan or amendment.

A proponent that proposes the development of a Regeneration Plan or the amendment of a Recovery Plan or Regeneration Plan referred to in section 15(2) must prepare a concise draft outline.

The draft outline must contain the following:

The proposed opportunities for public engagement specified in the draft outline must include, as a minimum, the requirements set out in section 34(1).

The proponent must provide the draft outline prepared under section 28 to, and seek the views of, each of the following parties that is not the proponent:

The proponent must—

If section 14(4) applies, Regenerate Christchurch must not submit an outline to the Minister without Ōtākaro Limited’s consent.

Ōtākaro Limited may not withhold its consent except for reasons that are consistent with 1 or more of the purposes of this Act.

Regenerate Christchurch must review an outline that has been submitted to it under section 29(2) and decide whether to recommend the outline to the Minister for approval.

In making a decision, Regenerate Christchurch must consider the views recorded in the statement provided under section 29(2).

Regenerate Christchurch may amend the outline (including by changing the proponent for the purposes of sections 32 to 39 to itself or to another party who could have prepared the outline) before recommending the outline to the Minister.

Regenerate Christchurch must—

If Regenerate Christchurch declines to recommend the outline to the Minister for approval, Regenerate Christchurch must provide reasons for its decision to the proponent.

The Minister must approve or decline an outline that has been submitted in accordance with section 29(2) or 30.

If the Minister considers that approving the outline is an exercise of power permitted by section 11, he or she must approve the outline.

If the Minister approves the outline, Regenerate Christchurch must publish a notice that—

If the Minister declines the outline, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

Subsections (2) and (3) apply if—

The proponent may make any modifications to the outline that the proponent thinks fit.

If the proponent modifies the outline in accordance with subsection (2), sections 29 to 31 and this section apply accordingly.

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

If the Minister approves an outline under section 31, the proponent must develop a draft Plan or amendment in accordance with the outline.

The proponent must, in developing the draft Plan or amendment, seek the views of each party specified in section 29(1).

When the proponent has developed the draft Plan or amendment under section 33, Regenerate Christchurch must publish a notice that—

The notice must also advise of any other opportunity for public engagement in relation to the draft Plan or amendment (including any opportunity identified in the outline approved under section 31).

The proponent must, at the time Regenerate Christchurch publishes the notice, ensure that a concise statement recording the views provided under section 33 is made publicly available.

The proponent must—

The material referred to in subsection (1)(c) is—

The proponent must, at the time the proponent submits the draft Plan or amendment, ensure that the statement summarising the comments and other input is made publicly available.

If section 14(4) applies, Regenerate Christchurch must not submit a draft Plan or amendment to the Minister without Ōtākaro Limited’s consent.

Ōtākaro Limited may not withhold its consent except for reasons that are consistent with 1 or more of the purposes of this Act.

Regenerate Christchurch must review a draft Plan or amendment that has been submitted to it under section 35(1).

In reviewing the draft Plan or amendment, Regenerate Christchurch must—

Regenerate Christchurch may amend the draft Plan or amendment.

Regenerate Christchurch must seek the views of the following on any material amendment it proposes to make to the draft Plan or amendment:

Regenerate Christchurch must submit a draft Plan or amendment it has reviewed under section 36 (as amended under section 36(3), if applicable) to the Minister, together with a report that contains Regenerate Christchurch’s recommendation on whether the Minister should approve the draft Plan or amendment.

The report must also contain the following:

The Minister must approve or decline a draft Plan or amendment that has been submitted to the Minister in accordance with section 35 or 37.

In making a decision, the Minister must,—

If the Minister approves the Plan or amendment, the Minister must publish a notice that specifies—

If the Minister declines to approve a draft Plan or amendment under section 38, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

The proponent may make any modifications to the draft Plan or amendment that the proponent thinks appropriate.

If the proponent modifies the draft Plan or amendment in accordance with subsection (2), sections 33(2) and 34 to 38 and this section apply accordingly.

However, if the proponent modifies a discrete part or discrete parts of the draft Plan or amendment, it is not necessary, in relation to any unmodified part of the draft Plan or amendment, to—

Subsections (2) and (3) do not apply if the Minister, having declined a modified draft Plan or amendment, indicates that he or she will not consider further modifications of that draft Plan or amendment.

The Minister may amend a Plan to correct any minor errors, and need not use any formal process when doing so.

If the Minister makes an amendment under subsection (1), the Minister must publish a notice specifying the amendment and the date on which the amendment takes effect.

However, despite section 13, the Minister is not required to publish the notice in a newspaper.

A proponent that proposes the revocation of all or part of a Plan referred to in section 15(1) must prepare a concise draft outline.

The draft outline must contain the following:

The proponent must provide the draft outline prepared under section 41 to, and seek the views of, each of the following parties that is not the proponent:

The proponent must—

The Minister must approve or decline an outline that has been finalised in accordance with section 42.

In making a decision, the Minister must—

If the Minister declines an outline under section 43, the Minister must provide reasons for his or her decision to the proponent.

The proponent may make any modifications to the declined outline that the proponent thinks fit.

If the proponent modifies the outline in accordance with subsection (2), sections 42 and 43 and this section apply accordingly.

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

If the Minister approves an outline under section 43, the proponent must publish a notice that—

The proponent must—

The proponent must, at the time the proponent submits the proposed revocation, ensure that the statement summarising the comments is made publicly available.

The Minister must approve or decline a proposed revocation that has been finalised in accordance with section 46.

In making a decision, the Minister must—

If the Minister approves a revocation, the Minister must publish a notice that specifies—

If the Minister declines to approve a proposed revocation, the Minister must provide reasons for his or her decision to the proponent.

A proponent that proposes the revocation of all or part of a Plan referred to in section 15(2) must prepare a concise draft outline.

The draft outline must contain the following:

The proponent must provide the draft outline prepared under section 49 to, and seek the views of, each of the following parties that is not the proponent:

The proponent must—

Regenerate Christchurch must review an outline that has been submitted to it under section 50(2) and decide whether to recommend the outline to the Minister for approval.

In making a decision, Regenerate Christchurch must consider the views recorded in the statement provided under section 50(2).

Regenerate Christchurch may amend the outline before recommending the outline to the Minister.

Regenerate Christchurch must—

If Regenerate Christchurch declines to recommend the outline to the Minister for approval, Regenerate Christchurch must provide reasons for its decision to the proponent.

The Minister must approve or decline an outline that has been submitted in accordance with section 50(2) or 51.

If the Minister considers that approving the outline is an exercise of power permitted by section 11, he or she must approve the outline.

If the Minister declines the outline, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

Subsections (2) and (3) apply if—

The proponent may make any modifications to the outline that the proponent thinks fit.

If the proponent modifies the outline in accordance with subsection (2), sections 50 to 52 and this section apply accordingly.

However, subsections (2) and (3) do not apply if the Minister, having declined a modified outline, indicates that he or she will not consider further modifications of that outline.

If the Minister approves the outline under section 52, the proponent must publish a notice that—

The proponent must—

The material referred to in subsection (1) is,—

The proponent must, at the time the proponent submits the proposed revocation, ensure that the statement summarising the comments is made publicly available.

Regenerate Christchurch must review a proposed revocation that has been submitted to it under section 55(1).

In reviewing the proposed revocation, Regenerate Christchurch must—

Regenerate Christchurch may amend the proposed revocation.

Regenerate Christchurch must seek the views of the following on any material amendment it proposes to make to the proposed revocation:

Regenerate Christchurch must submit a proposed revocation it has received under section 55 (as amended under section 56(3), if applicable) to the Minister, together with a report that contains Regenerate Christchurch’s recommendation on whether the Minister should approve the proposed revocation.

The report must also contain the following:

The Minister must approve or decline a proposed revocation that has been submitted to the Minister in accordance with section 55 or 57.

In making a decision, the Minister must,—

If the Minister approves the revocation, the Minister must publish a notice that specifies—

If the Minister declines to approve a proposed revocation, the Minister must provide reasons for his or her decision to Regenerate Christchurch.

Subsection (2) applies,—

Any person exercising powers or performing functions under the Resource Management Act 1991 must not make a decision or recommendation relating to all or part of greater Christchurch that is inconsistent with the Plan on any of the following matters under the Resource Management Act 1991:

A council, requiring authority, or heritage protection authority may—

Lyttelton Port Company Limited may—

For the purposes of an application for a resource consent for a restricted discretionary activity, the Plan is a matter over which discretion is restricted and section 87A(3) of the Resource Management Act 1991 applies accordingly.

Despite anything to the contrary in Part 5 of the Resource Management Act 1991, a council must amend an RMA document (to the extent that it relates to greater Christchurch), if a Plan directs so,—

A council must make the amendments referred to in subsection (1)(a) and (b) as soon as practicable after the Plan comes into effect without using the process in Schedule 1 of the Resource Management Act 1991 or any other formal public process.

A council must make the amendments referred to in subsection (1)(c) within the time specified in the Plan or (if not specified) as soon as practicable after the Plan comes into effect, in accordance with a public process determined by the Minister.

Despite clause 21 of Schedule 1 of the Resource Management Act 1991, only the Minister may request a change or variation to any amendment made under subsection (1).

Nothing in section 85(2) to (7) of the Resource Management Act 1991 applies in respect of any amendment to an RMA document under this section.

Nothing in section 88A(1A) of the Resource Management Act 1991 applies in respect of any application for a resource consent for any activity altered as a consequence of a Plan.

For the purposes of subsection (1), an activity is altered as a consequence of a Plan if the type of the activity (being controlled, restricted, discretionary, or non-complying) is altered as a consequence of an amendment made under section 61(1).

To avoid doubt, this section applies in relation to any matter before the Environment Court and any further appeals while this Act is in force.

The following instruments, so far as they relate to greater Christchurch, must not be inconsistent with a Plan:

A Plan—

If required by a Plan, an entity that is responsible for an instrument specified in subsection (1) must amend the instrument to give effect to the provisions of the Plan.

An entity must make the amendments referred to in subsection (3) in accordance with a process (if any) determined by the Minister.

The Hagley Park Management Plan prevails where there is any inconsistency between it and a Regeneration Plan.

A Plan is a disallowable instrument, but not 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.

A proponent who proposes the exercise of the power to suspend, amend, or revoke an RMA document, council plan, or other document in section 71 must prepare a concise draft proposal that complies with subsection (2).

The draft proposal must contain the following:

The proponent must seek the views of each of the following parties that is not the proponent:

The proponent must—

Subsection (4) applies if—

If this subsection applies,—

The Minister must decide whether to proceed with a proposal that has been finalised in accordance with section 66 no later than 30 working days after receiving the proposal.

In making a decision, the Minister must—

If the Minister declines the proposal, the Minister must provide reasons for his or her decision to the proponent.

If the Minister decides to proceed with the proposal, the Minister must publish a notice that—

In considering whether to exercise the power in section 71, the Minister must—

If the Minister declines to exercise the power in section 71, the Minister must provide reasons for his or her decision to the proponent.

This section applies if the Minister has decided to exercise the power under this section in accordance with section 69.

The Minister may, by notice in the Gazette, suspend, amend, or revoke all or part of any of the following, so far as they relate to any area within greater Christchurch:

The Minister may, by notice in the Gazette,—

The Minister may, by notice in the Gazette, vary or revoke a notice given under subsection (2) or (3).

No compensation is payable under this Act in respect of any action taken under this section.

A Gazette notice under section 71 must specify, in respect of an exercise of the power in that section,—

As soon as practicable after publishing a Gazette notice under section 71, the Minister must publish, in 1 or more newspapers circulating in greater Christchurch and on an Internet site to which the public has free access, a notice that—

This section applies despite section 13.

A Gazette notice given under section 71 is a disallowable instrument, but not 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.

The chief executive may—

Subsection (1) applies even if a cadastral survey dataset does not comply with standards set under section 49 of the Cadastral Survey Act 2002.

Subsection (1)(b) applies even if the survey plan does not comply with standards for survey that the Surveyor-General would otherwise apply under the enactment that refers to the survey plan.

Before acting under subsection (1), the chief executive must consult the Surveyor-General.

If the chief executive has approved a cadastral survey dataset under subsection (1)(a), the cadastral survey dataset is to be regarded for all purposes as if the chief executive had determined under section 9(a) of the Cadastral Survey Act 2002 that it complied with standards set under section 49 of that Act.

If the chief executive has given a direction under subsection (1)(b), the survey plan is to be regarded for all purposes as having been approved under any enactment that requires it to be approved by the Surveyor-General.

A cadastral surveyor carrying out work for a cadastral survey dataset or survey plan to which subsection (1) applies is not liable for any non-compliance with standards referred to in subsection (2) or (3) to the extent that the non-compliance was necessary for the purposes of this Act.

This section applies if—

The chief executive may direct the Registrar-General of Land to seek the consent of the adjoining owners to the new survey definition.

If the adjoining owners give their consent, the Registrar-General of Land may deposit the cadastral survey dataset or survey plan and issue new computer registers accordingly.

If an adjoining owner fails to respond within 10 working days (or any further period allowed by the chief executive) after the date of service of the request for consent or refuses to consent, the chief executive may direct the Registrar-General of Land to issue a new computer register limited as to parcels upon deposit of the cadastral survey dataset or survey plan.

Section 167(3) of the Land Transfer Act 1952 (application of the provisions of Part 12 of that Act relating to computer registers that are limited as to parcels) applies to any computer register issued and limited as to parcels in accordance with a direction under subsection (4).

The chief executive may direct the Registrar-General of Land to disapply the application of section 205(4) of the Land Transfer Act 1952 in respect of any computer register issued and limited as to parcels in accordance with subsection (4), and the Registrar-General of Land must remove the limitation as to parcels from the relevant computer register.

Subsection (6) is subject to any relevant determination by a court under subpart 4.

If an adjoining owner wishes to dispute a survey definition determined under section 75, the dispute must be heard and determined in accordance with section 119 and treated as an appeal against a direction under section 75(6).

Any dispute against the lodgement of a caveat under section 205(4) of the Land Transfer Act 1952 against a computer register that is issued limited as to parcels in accordance with a direction under section 75(4) must be heard and determined in accordance with section 119 and treated as an appeal.

The chief executive may carry out or commission works.

The works include (without limitation)—

The chief executive may remove fixtures and fittings from any building.

Works under this section may be undertaken on or under public or private land and with or without the consent of the owner.

To avoid doubt, this section does not override any requirements for resource consents or building consents that may apply to works under this section.

Nothing in section 11(2) applies to the carrying out or commissioning of works under this section on land or buildings owned by the Crown.

In this section, building includes any structure or other erection.

This section and section 80 apply if the chief executive proposes to carry out or commission works under section 77 on or under private land.

The chief executive must give written notice to the owner and, if the owner is not the occupier, the occupier of the private land specifying—

If it is necessary for the land or buildings, or both, to be vacated either wholly or partly to enable the works to be carried out, the notice under this section must also direct the owner or occupier to leave the land or buildings, as the case may be, for a specified period, or from a specified date until further notice.

If practicable, a copy of the notice must be given to—

A notice under this section is sufficiently served if it is delivered personally to the person or sent to the person at the person’s usual or last known place of residence or business.

If a notice or other document is to be served on a body (whether incorporated or not), service on an officer of the body in accordance with subsection (5) is taken to be service on the body.

A notice or other document sent by post to a person in accordance with subsection (5) or (6) must be treated as having been received by that person on the fourth day after it was posted.

A notice under this section must be given at least 1 month in advance, but there is no right of appeal or objection against the notice.

This section applies if the chief executive gives notice under section 78 to an owner of a building on or under land that demolition work under section 77 is to be carried out there.

The owner must give notice to the chief executive within 10 working days after the chief executive’s notice is given stating whether or not the owner intends to carry out the works and, if the owner intends to do so, specifying the method by which, and the time within which, the works will be carried out.

If the owner fails to give notice under subsection (2), or the chief executive is not satisfied with the time or method specified, or the works are not carried out in the time or by the method specified or otherwise agreed, then—

Not less than 24 hours before the beginning of the works under section 77 on or under private land, the chief executive must give written notice to the owner and, if the owner is not the occupier, the occupier of the private land specifying—

A notice under this section is sufficiently served if it is delivered personally to the person or sent to the person at the person’s usual or last known place of residence or business.

If a notice or other document is to be served on a body (whether incorporated or not), service on an officer of the body in accordance with subsection (2) is taken to be service on the body.

A notice or other document sent by post to a person in accordance with subsection (2) or (3) must be treated as having been received by that person on the fourth day after it was posted.

There is no right of appeal or objection against the notice.

If the owner or occupier fails to comply with a notice given under section 78 or 80, the chief executive may seek an order from the High Court directing the owner or occupier to comply with the notice.

To permit or facilitate the carrying out of work under section 77 on or under private land in respect of which notice has been given under sections 78 and 80, the chief executive or any person acting under the authority of the chief executive may enter on the land or any building on or under the land.

A person authorised to enter on land or any building under subsection (1) must produce evidence of the authorisation if requested to do so.

An error in any notice given under section 78 or 80 does not of itself affect the ability to exercise power, or the validity of an exercise of power, under this section.

If the chief executive demolishes a dangerous building,—

If the amount of the costs recoverable from the owner has been established by agreement between the chief executive and the owner in advance of the demolition, that amount may be treated as the cost of demolition works for the purpose of subsection (1)(b).

If the chief executive demolishes a non-dangerous building in order to demolish a dangerous building or for any other reason, and the Crown has not acquired the land on which the non-dangerous building is situated, the Crown is liable to compensate the owner of the non-dangerous building for a loss resulting from the demolition of the non-dangerous building whether or not the loss is insured in whole or in part.

Claims under this section must be made and determined in accordance with this section and subpart 3.

The Crown is liable to pay compensation for negligent physical loss or damage caused to other property that results directly from the demolition of a building by the chief executive, except for damage to property that is in or on or under or part of a dangerous building.

Claims under this section must be made and determined in accordance with this section and subpart 3.

Despite any other enactment, the chief executive may erect or authorise the erection and use of temporary buildings on any land including any public reserve, private land, road, or street and provide for their removal.

No building consent or resource consent is required for the erection or use of any temporary building under subsection (1).

If practicable, the chief executive must consult the relevant road controlling authority before exercising a power under this section in relation to a road.

Temporary buildings may be erected under this section on private land with or without the consent of the owner.

Nothing in section 11(2) applies to the erection of a temporary building under this section on land owned by the Crown.

The chief executive may restrict or prohibit access by any person or specified class of persons to any specified area, or to any specified building, within greater Christchurch.

The chief executive may, for such period as he or she considers necessary, totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place within greater Christchurch.

The chief executive may close a road or divert or control the traffic on any road for any reason, including (without limitation)—

The chief executive may, by giving notice in the Gazette and in a newspaper circulating in greater Christchurch, stop any road or part of a road in greater Christchurch.

The stopping of a road under subsection (3) has effect as if the road had been stopped in accordance with section 342 and Schedule 10 of the Local Government Act 1974 and as if the chief executive were a council within the meaning of that section.

The chief executive must consult the relevant road controlling authority—

To avoid doubt,—

A person commits an offence if the person intentionally contravenes a restriction or prohibition imposed under section 86 or 87.

A person who commits an offence under this section is liable on conviction,—

This section applies if the chief executive considers that it is desirable that the owner of a property (the property owner) act for the benefit of 1 or more owners of properties that are adjoining or adjacent to the property owner’s property in relation to rebuilding because—

The chief executive may direct the property owner to act for the benefit of the owners of the adjoining or adjacent properties in the manner specified by the chief executive, which may include conditions on any or all of those owners.

Before giving the direction under subsection (2), the chief executive must give the property owner and each other affected owner of adjoining or adjacent property a reasonable opportunity to be heard, either personally or through a representative.

A person commits an offence if the person, without reasonable excuse, intentionally fails to comply with a direction given under section 89.

A person who commits an offence under this section is liable on conviction,—

The chief executive may, in the name of the Crown,—

The Minister’s approval is required for the following actions of the chief executive under subsection (1):

Nothing in section 11 applies to the exercise of a power under this section.

The Minister may, by notice in the Gazette, declare land acquired by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011 to be set apart for a public work in terms of the Public Works Act 1981.

The Minister may, by notice in the Gazette, declare land acquired by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011 to be land subject to the Land Act 1948 and not this Act.

A declaration under subsection (2) is subject to the chief executive confirming that any requirements under sections 107 to 109 to offer the land back that would apply if the land was to be disposed of have been complied with.

The Minister may, by notice in the Gazette, declare land held for a public work in terms of the Public Works Act 1981 (whether held by the Crown or otherwise) to be held under this Act.

Nothing in section 11 applies to the exercise of powers under this section.

The chief executive may subdivide, resubdivide, improve, and develop all or any land acquired by the Crown under this Act (including land amalgamated under section 94) or under the Canterbury Earthquake Recovery Act 2011.

Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to any subdivision under this section.

Nothing in section 11 applies to the exercise of powers under this section.

The Minister may, in accordance with sections 95 to 101, amalgamate all or any land acquired by the Crown under this Act or the Canterbury Earthquake Recovery Act 2011 with all or any land described in subsection (2).

The land referred to in subsection (1) is—

Nothing in section 11 applies to the amalgamation of land under this section.

Nothing in the Resource Management Act 1991 applies to any amalgamation under this section.

The Minister must, before publishing a notice under section 96, consult the Minister of Conservation if any piece of land that the Minister intends to be amalgamated is subject to the Reserves Act 1977 or is a conservation area (as defined in section 2(1) of the Conservation Act 1987) and the Minister intends that the reserve or conservation status of that land will be extinguished by the amalgamation.

If the Minister intends to amalgamate land as described in section 94 and 1 or more pieces of land to be amalgamated are owned by a council, the Minister must publish a notice in the Gazette containing the following:

On the date specified in the Gazette notice under section 96,—

If the Minister intends to amalgamate land as described in section 94, the Minister must publish a notice in the Gazette containing the following:

On the date specified in the Gazette notice under section 98,—

The Minister may publish the information required by sections 96 and 98 relating to the same piece of land in a single Gazette notice.

The Minister may lodge a Gazette notice under section 96 or 98 with the Registrar-General of Land, who must register it without fee against the appropriate computer register or computer registers.

The Registrar-General of Land may require the deposit of a survey plan of any piece of land being amalgamated.

The Registrar-General of Land may do all things that may be necessary to give effect to the notice, including—

The Minister may exercise the power under sections 103 to 106 only if, in addition to meeting the requirements of section 11,—

The Minister may acquire land compulsorily by publishing a notice of intention to take land in the name of the Crown in the Gazette and in a newspaper circulating in the area to which the notice relates, which notice must give—

The Minister must serve on the owner of, and persons with a registered interest in, the land a notice of intention to take the land in the form set out in Schedule 4, unless it is impracticable to do so.

The Minister must lodge a copy of the Gazette notice published under subsection (1) with the Registrar-General of Land, who must register it without fee against the computer register affected.

Any notice under this section may be withdrawn by the Minister, and, if it is withdrawn, a notice to that effect must be lodged with the Registrar-General of Land, who must register it without fee against the computer register to the land.

To avoid doubt, there is no right of objection to a notice of intention to take land.

A notice of intention to take land under this section ceases to have effect 3 years after the date of the publication of that notice in the Gazette unless, on or before the expiration of that period,—

If the Minister has confirmed the intention of taking the land, the notice of intention so confirmed ceases to have effect unless, on or before the expiration of 2 years after the date of that confirmation, a Proclamation taking the land has been published in the Gazette.

If the Minister considers that land should be taken in the name of the Crown, the land intended to be taken may be taken in accordance with this section.

If necessary, a cadastral survey dataset showing accurately the position and extent of the land to be taken must be prepared and be lodged with the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Cadastral Survey Act 2002 for the purposes of that Act.

So long as the Gazette notice has been registered in accordance with section 103(3), the Minister may recommend that the Governor-General issue a Proclamation taking the land.

The Governor-General may, on the recommendation of the Minister, by Proclamation declare that the land described in it is taken in the name of the Crown.

Every Proclamation under this section must be published in the Gazette and in a newspaper circulating in the area to which the notice relates within 1 month after the date of its making, together with some readily identifiable description of the land taken, but a Proclamation is not invalidated by any error, defect, or delay in its publication under this section.

Unless otherwise provided in the Proclamation or in this Act or in any other Act, the land specified in a Proclamation under this section becomes absolutely vested in fee simple in the Crown and freed and discharged from all mortgages, charges, claims, estates, or interests of whatever kind, on the 14th day after the day on which the Proclamation is published in the Gazette.

If land is compulsorily acquired under this section, the Crown succeeds to all rights, entitlements, and benefits that the owner has or may have against—

The Minister must lodge every Proclamation with the Registrar-General of Land, who must register it without fee against the computer register to the land.

If the land is not subject to the Land Transfer Act 1952, the Registrar-General of Land must enter the Proclamation in the index book of the Deeds Register Office and upon such registration the land becomes subject to the Land Transfer Act 1952.

An error in any Proclamation does not of itself prevent registration in respect of titles to land validly affected.

If land is not subject to the Land Transfer Act 1952 and dealings with it are not registrable under the Deeds Registration Act 1908, the Proclamation must be lodged with the Surveyor-General to be recorded in the cadastre.

To avoid doubt, the registration of a Proclamation does not result in the cancellation of the title affected.

If the owner or occupier fails to give vacant possession of the land specified in a Proclamation under section 104 within 1 month following the publication of the Proclamation in the Gazette, the Minister may seek an order from the High Court directing the owner or occupier to give vacant possession.

Subject to the Minister’s approval, the chief executive may, if he or she thinks fit, in accordance with sections 108 and 109 if applicable, dispose of land held by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011.

When making a decision on the disposal of land under this section, the chief executive must have regard to any applicable Plan or the fact that a Regeneration Plan that may be applicable has been proposed.

To avoid doubt, except as provided in sections 108 and 109, nothing in sections 40 to 42 of the Public Works Act 1981 applies to the disposal of the land.

Nothing in section 11 applies to the disposal of land to which this section applies.

This section and sections 108 and 109 are subject to section 7(2).

In this section and sections 108 and 109, the granting of a lease of land that, including rights of renewal, is or could be for a term of more than 35 years is a disposal of the land.

Any requirements to offer land back under the Public Works Act 1981 continue to apply to land to which section 107 applies if the land—

This section applies if land to which section 107 applies—

Before disposing of the land, the chief executive must offer to sell the land by private contract to the person from whom it was acquired or that person’s successor—

Subsection (2) does not apply if—

Section 40(2A), (4), and (5) of the Public Works Act 1981 applies with all necessary modifications to an offer back under this section.

If any offer to sell land under subsection (2) has not been accepted within 20 working days of the receipt of the offer, this section ceases to apply and the land may be disposed of under section 107.

To avoid doubt, the disposal of land in the Christchurch central city other than residential land is not subject to this section or sections 40 to 42 of the Public Works Act 1981.

This subpart applies in respect of—

This section is subject to clause 9 of Schedule 1.

In this subpart, compensation—

A person who suffers loss resulting from a matter referred to in section 110 is entitled to compensation from the Crown.

A claim for compensation under this subpart must be lodged by sending or delivering to the chief executive a properly completed claim in a form provided by the chief executive.

The claim must be lodged within 2 years after the exercise of the power in question.

The Minister must determine—

Compensation is determined,—

When determining the amount of compensation for the compulsory acquisition of land, the Minister must have regard to the matters in subsection (4), but is not limited to determining the amount of compensation on that basis alone.

The matters referred to in subsection (3) are—

Before making a final determination under subsection (1), the Minister must give a claimant a reasonable opportunity to appear before the Minister to make representations as to the nature of the claim and the amount of compensation payable.

A claimant may make representations under subsection (5) personally or through a representative (including a lawyer, accountant, or other expert).

The Minister must ensure that any claim for compensation is determined within a reasonable time after the date on which the claim is lodged under section 113.

The exercise of the power giving rise to a claim for compensation under this subpart is unaffected by the making and determination of the claim and, in particular, must not be subject to any delay or other impediment dependent on resolution of the claim.

Nothing in this Act, apart from this subpart or section 83 or 84, confers any right to compensation or is to be relied on in any proceedings as a basis for any claim to compensation.

There is no right of appeal against a decision of the Minister or the chief executive acting, or purporting to act, under this Act, except as provided in sections 119 and 120.

A proceeding must not be brought, and a court must not hear any proceeding, that is in breach of this section.

To avoid doubt, there is no right of appeal, whether under this Act or the Resource Management Act 1991, against any decision under section 21, 26, 30, 31, 37, 38, 43, 47, 51, 52, 57, 58, 67, 69, 93, or 94.

Any person referred to in subsection (2) may appeal to the High Court—

The persons who may appeal under subsection (1) are,—

For the purposes of hearing an appeal under subsection (1), the court may appoint 1 or more suitably qualified persons (including an Environment Commissioner or other expert) to assist it by giving advice if the court considers that it is desirable to have expert assistance.

The advisers must give their advice in the manner that the court may direct during the proceeding on any question referred to them.

The advice is information provided to the court, and may be given the weight that the court thinks fit.

Any decision to which an appeal relates has full effect unless and until set aside by a court.

An appeal to the Court of Appeal may, with the leave of that court, be brought against a decision of the High Court in a case referred to in section 119 on a question of law or on any other question.

The decision of the Court of Appeal is final in the case of any appeal referred to in section 119(1)(a) to (d).

In the case of an appeal referred to in section 119(1)(e), an appeal from the Court of Appeal to the Supreme Court may be brought against a decision of the Court of Appeal on a question of law with the leave of the Supreme Court given under the Supreme Court Act 2003.

This section establishes Regenerate Christchurch.

Regenerate Christchurch—

Regenerate Christchurch’s purpose is to support a vibrant, thriving Christchurch that has economic, social, and lifestyle opportunities for residents, businesses, visitors, investors, and developers.

Regenerate Christchurch’s objectives are—

The functions of Regenerate Christchurch are—

Regenerate Christchurch has full capacity and all the powers reasonably necessary to achieve its purpose and objectives and to perform its functions.

In performing its functions, Regenerate Christchurch must not act inconsistently with—

Regenerate Christchurch may perform and exercise its functions and powers in relation to the area of Christchurch district that falls within greater Christchurch.

The board is the governing body of Regenerate Christchurch, with the authority, in Regenerate Christchurch’s name, to exercise the powers and perform the functions of Regenerate Christchurch.

All decisions relating to the operation of Regenerate Christchurch must be made by, or under the authority of, the board in accordance with this subpart and Schedule 5.

Except as provided in this subpart or Schedule 5, the board may determine its own procedure.

The board comprises 7 members, as follows:

In making an appointment, an appointer must consider whether the proposed member has the skills, knowledge, or experience to—

The Minister must ensure that 1 member of the board appointed by the Minister under subsection (1)(b) is a person nominated for appointment by Te Rūnanga o Ngāi Tahu.

An appointer may appoint a member to the board for any period of time (provided that the period ends on or before 30 June 2021).

This section is subject to Part 1 of Schedule 5.

The Minister must appoint a member as the chairperson of the board for the period ending on the close of 30 June 2019.

Christchurch City Council must appoint a member as the chairperson of the board for the period beginning on 1 July 2019 and ending on the close of 30 June 2021.

The provisions in Schedule 5 have effect in relation to Regenerate Christchurch.

The role of Christchurch City Council and the Minister is to—

Christchurch City Council and the Minister may agree on how they will exercise their respective roles and responsibilities in relation to Regenerate Christchurch.

Christchurch City Council and the Minister may provide a letter of expectations that sets out their expectations of Regenerate Christchurch’s strategic direction and their specific priorities.

Christchurch City Council and the Minister must endeavour to produce any letter of expectations jointly.

However, the Minister may provide a letter of expectations to Regenerate Christchurch on behalf of both parties if—

If a letter of expectations is provided under this section, Regenerate Christchurch must consider the letter of expectations when preparing its statement of intent and statement of performance expectations.

Christchurch City Council and the Minister may agree to direct Regenerate Christchurch to amend—

Christchurch City Council and the Minister must consult Regenerate Christchurch before giving a direction.

The direction must be given in writing.

Regenerate Christchurch must comply with the direction.

The amendment to the statement of intent or statement of performance expectations, as specified in the direction, is in force from the effective date of the direction.

As soon as practicable after a direction has been given under this section, the Minister must present a copy of it to the House of Representatives.

Clauses 50(3) and 52 of Schedule 5 apply to a statement of intent amended under this section.

Clauses 57(3)(b) and (c) and 60 of Schedule 5 apply to a statement of performance expectations amended under this section.

This section applies to acts done before the commencement of this subpart (including acts done before the enactment of this subpart).

An act is valid if it is done—

This section does not limit section 11 of the Interpretation Act 1999.

The Governor-General may, by Order in Council made on the recommendation of the Minister, approve a successor organisation to which assets and liabilities of Regenerate Christchurch may be transferred in accordance with section 140.

The successor organisation must—

Section 56 of the Local Government Act 2002 does not apply to the establishment of the successor organisation.

Income derived by Regenerate Christchurch is exempt income for the purposes of the Income Tax Act 2007.

The following Acts apply to Regenerate Christchurch:

In this subpart,—

Regenerate Christchurch may, under an agreement with a transferee, transfer any assets and liabilities of Regenerate Christchurch to the transferee under this section.

An agreement under this section has no effect until it is approved by Christchurch City Council and the Minister.

An agreement under this section must provide that any transfer provided for in the agreement takes place—

Any of the following may be a transferee for the purposes of subsection (1):

The Minister must present an agreement referred to in section 138 to the House of Representatives within 12 sitting days after the date on which the agreement is entered.

Regenerate Christchurch must provide any agreement it enters into under section 138 to the Minister as soon as practicable after the agreement is entered into, in order that the Minister can comply with subsection (1).

The presentation of an agreement in accordance with subsection (1) is to be treated as notice of the transfer and any third party must, after the date specified in the agreement for the transfer, deal with the transferee in place of the transferor.

Any asset or liability that, immediately before 1 July 2021, belongs to Regenerate Christchurch (and that is not subject to an agreement under section 138) is, on and from 1 July 2021, an asset or a liability of the successor organisation.

If an asset or a liability is transferred to the successor organisation under subsection (1), the successor organisation must, as soon as practicable after 1 July 2021, notify any third party of the transfer.

Any third party must, on and from 1 July 2021, deal with the successor organisation in place of Regenerate Christchurch.

The Minister or chief executive may transfer to a party specified in subsection (2) any of the Crown’s rights, obligations, or liabilities under any agreement or undertaking entered into by the Crown for any purpose of the Canterbury Earthquake Recovery Act 2011 or this Act.

The parties are—

Rights, obligations, or liabilities may be transferred under this section only if the transferee has agreed to accept the rights, obligations, or liabilities.

A transfer under this section is made by notice in writing delivered to the transferee and every other party to the agreement or undertaking.

From the date of transfer, any rights, obligations, or liabilities transferred under this section—

Nothing in section 11 applies to a transfer under this section.

The Minister or the chief executive may transfer to Ōtākaro Limited—

Assets, liabilities, or land may be transferred under this section only if Ōtākaro Limited has agreed to accept the assets, liabilities, or land.

A transfer of land under this section is subject to the chief executive being satisfied that any requirements under the Canterbury Earthquake Recovery Act 2011 or this Act to offer the land back before its disposal have been complied with.

A transfer of assets and liabilities under this section is made by notice in writing delivered to Ōtākaro Limited and any third party.

From the date of transfer, any assets or liabilities transferred under this section—

Nothing in section 11 applies to a transfer under this section.

In this section,—

If the Minister transfers financial responsibility for a project to Ōtākaro Limited, the benefit of any designation that is relevant to the project is transferred to Ōtākaro Limited.

The Minister must advise the Minister for the Environment and Christchurch City Council that the designation is transferred to Ōtākaro Limited and, for the purposes of section 175(2)(b) of the RMA, Christchurch City Council must, as soon as practicable and without using the process in Schedule 1 of the RMA, note the transfer in the district plan.

Sections 176, 176A, 177, 179, 180, 181, 182, and 184 of the RMA apply, with any necessary modifications, to Ōtākaro Limited in relation to a designation transferred under this section as if Ōtākaro Limited were a requiring authority within the meaning of section 166 of the RMA.

Nothing in section 11 applies to a transfer under this section.

Nothing effected or authorised by a transfer under this subpart—

Except as otherwise provided in this Act, no action lies against the Crown, or an officer or employee or a Minister of the Crown, or against any other person,—

No person who takes any action under this Act is liable under the Resource Management Act 1991 for any fine, costs, or expenses in respect of that action, except as otherwise provided in this Act.

Subsection (1) applies whether the loss, damage, or adverse effect is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or performance, or intended exercise or intended performance, of his or her functions, duties, or powers under this Act.

No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.

If, under this Act, the Minister or the chief executive becomes a party to any agreement entered into by a council for the purposes of carrying out demolition or other works, the Minister or chief executive is entitled to the full benefit of any provision in the agreement that limits or excludes any liability of the council (such as liability for damage caused by, or for the costs of, demolition work) under the agreement.

If a council assumes any liability of the Minister or chief executive in relation to demolition or other works under this Act, the council is entitled to the full benefit of any provision in an agreement that limits or excludes any liability of the Minister or the chief executive (such as liability for damage caused by, or for the costs of, demolition work) under the agreement.

In this section, references to this Act include Orders in Council made under or continued by this Act.

The Canterbury Earthquake Recovery Act 2011 (2011 No 12) is repealed.

Each Order in Council specified in Schedule 6 and made under section 71 of that Act or continued by section 89(2) of that Act is revoked.

The following are revoked:

Each Order in Council specified in Schedule 7 and made under section 71 of the Canterbury Earthquake Recovery Act 2011 or continued by section 89(2) of that Act—

Despite section 8,—

An order continued by subsection (1)—

An order continued by subsection (1) has the force of law as if it were enacted as a provision of this Act.

The Governor-General may, by Order in Council made on the recommendation of the Minister, revoke an Order in Council continued by section 147.

Before making a recommendation under subsection (1), the Minister must, in addition to meeting the requirements of section 11, have regard to the views of the strategic partners.

Despite section 147(4), an Order in Council continued by section 147 or made under section 148 is a disallowable instrument for the purposes of the Legislation Act 2012.

An Order in Council made under section 148 must be presented to the House of Representatives under section 41 of that Act.

The Minister must, within 12 months after the commencement of this subpart and once in every 12-month period after that, commission an annual review of the operation and effectiveness of this Act.

The person or persons conducting the review must prepare for the Minister a report on the review.

The report must include—

The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.

This Act, except for section 1 and subpart 6 of Part 2, is repealed on the close of 30 June 2021.

Section 1 and subpart 6 of Part 2 are repealed at the close of 30 June 2022.

At the close of 30 June 2021, every Order in Council continued by section 147 that is in force is revoked.

Amend the enactments specified in Part 1 of Schedule 8 as set out in that schedule.

The order specified in Part 2 of Schedule 8 is revoked.