Part 2
Functions and powers to assist recovery and rebuilding
Subpart 1—Input into decision making by community and cross-party forums
Clause 6 provides for a community forum.
Clause 7 provides for a cross-party parliamentary forum to be held in relation to the operation of this Bill.
Subpart 2—Minister and chief executive of CERA
Clause 8 sets out functions of the Minister.
Clause 9 sets out functions of the chief executive.
Clause 10 relates to the roles of the Minister for Canterbury Earthquake Recovery and the chief executive of CERA. They must ensure that, when they exercise or claim their powers, rights, and privileges under this Bill, they do so in accordance with the purposes of the Bill.
Subpart 3—Development and implementation of planning instruments
Recovery Strategy
Clause 11 requires the chief executive of CERA to prepare, for the Minister's approval, a Recovery Strategy for greater Christchurch. This document is an overarching, long-term strategy for the reconstruction, rebuilding, and recovery of greater Christchurch.
Clause 12 relates to the process for developing a Recovery Strategy.
Clause 13 provides for a draft Recovery Strategy to be publicly notified.
Clause 14 provides for changes to a Recovery Strategy.
Clause 15 specifies the legal effect of a Recovery Strategy on RMA documents and other planning instruments. A Recovery Strategy is read into the other documents and instruments and prevails if there is any inconsistency between them.
Recovery Plans
Clause 16 provides for the preparation of Recovery Plans for all or part of greater Christchurch, as directed by the Minister. Recovery Plans will be developed by responsible entities.
Clause 17 provides for a dedicated Recovery Plan for the CBD, which must be developed within 9 months of the commencement of this Bill.
Clause 18 provides for public notification of a draft Recovery Plan for the CBD.
Clause 19 allows a Recovery Plan to be developed ahead of the Recovery Strategy and subsequently reviewed once the Recovery Strategy is in place. A Recovery Plan must be consistent with the Recovery Strategy.
Clause 20 relates to the process for developing draft Recovery Plans.
Clause 21 provides for the approval of a draft Recovery Plan by the Minister.
Clause 22 provides for changes to a Recovery Plan.
Clause 23 requires the councils not to act inconsistently with a Recovery Plan once it is notified in the Gazette.
Clause 24 requires councils to amend their RMA documents if required by a Recovery Plan.
Clause 25 provides that section 88A(1A) of the Resource Management Act 1991 does not apply to an application for a resource consent for an activity specified in a Recovery Plan. Section 88A(1A) applies if the type of activity for which a resource consent is sought alters after the application is lodged, and the effect of that provision is that the application must be processed, considered, and decided as an application for the type of activity that it was for at the time the application was first lodged.
Clause 26 provides for the amendment of other planning documents if required by a Recovery Plan. This clause relates to—
annual plans, long-term plans, and triennial agreements under the Local Government Act 2002:
regional land transport strategies and regional land transport programmes under the Land Transport Management Act 2003:
the New Zealand Transport Agency's recommendations under section 18I of the Land Transport Management Act 2003:
regional public transport plans adopted under section 9 of the Public Transport Management Act 2008:
general policies approved under section 17B of the Conservation Act 1987 or section 15A of the Reserves Act 1977, conservation management strategies approved under section 17F of the Conservation Act 1987 and section 40A of the Reserves Act 1977, conservation management plans approved under section 17G of the Conservation Act 1987 or section 40B of the Reserves Act 1977, management plans approved under section 41 of the Reserves Act 1977, conservation management plans approved under section 14E of the Wildlife Act 1953, and any other management plan for a reserve under any other enactment.
Provisions affecting councils and others
Clause 27 enables the Minister to suspend, amend, or revoke planning documents of councils and other agencies, and to suspend or cancel resource consents, use rights, and certificates of compliance for activities.
Clause 28 provides for certain council contracts to require the chief executive's consent.
Subpart 4—Further provisions
Information gathering, reports, and investigations
Clause 29 enables the chief executive to gather information.
Clause 30 enables the chief executive to disseminate information.
Clause 31 enables the chief executive to commission reports.
Clause 32 enables the chief executive to conduct investigations.
Power of entry
Clause 33 gives the chief executive a power of entry for the purposes of this Bill and enables him or her to authorise others to exercise it. However, a warrant signed by a District Court Judge must be obtained if practicable before entering a marae or an occupied dwellinghouse.
Clause 34 provides for the exercise of the power of entry under clause 33.
Surveys
Clause 35 provides for the approval of cadastral survey datasets for the purposes of this Bill.
Clause 36 provides for surveys for the purposes of this Bill.
Clause 37 provides for disputes arising out of surveys to be dealt with under clause 68.
Building works, etc
Clause 38 enables the chief executive to carry out or commission works, including demolition, for the purposes of this Bill.
Clause 39 contains provisions relating to demolition or other work.
Clause 40 provides for compensation for the demolition of buildings in certain circumstances and for the assignment of insurance rights.
Clause 41 provides for compensation for damage to other property caused by the demolition of a building.
Clause 42 prescribes an offence of failing comply with a notice given under clause 38(4)(a) or 39(1)(c). The penalty is a fine of up to $200,000.
Clause 43 provides for the subdivision of land.
Clause 44 enables the chief executive to erect temporary buildings and authorise their use.
Clause 45 enables the chief executive to restrict access to areas and buildings.
Clause 46 enables the chief executive to close roads temporarily or stop roads.
Clause 47 prescribes an offence of contravening a restriction or prohibition imposed under clause 46. The penalty is,—
in the case of an individual, imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, or both:
in the case of a body corporate, a fine not exceeding $50,000.
Directions
Clause 48 enables the chief executive to give directions for the purposes of this Bill. A direction can require that a person take a particular action or stop taking a particular action.
Clause 49 enables the Minister to require a council or council organisation to perform or exercise specified responsibilities, duties, or powers within a specified time.
Clause 50 provides for the Minister to issue a call-in notice if a council or council organisation does not comply with a notice under clause 49. This will enable the Minister to deal with the matter concerned.
Provisions relating to real or personal property
Clause 51 enables the chief executive to require adjoining owners to act for the benefit of other adjoining owners.
Clause 52 sets out the chief executive's powers to acquire and dispose of land and other property.
Clauses 53 to 58 and Schedule 1 provide for the compulsory acquisition of land for the purposes of this Bill and provide for residential land taken in the CBD or any land taken in greater Christchurch outside the CBD to be offered back to the former owners if no longer required.
Subpart 5—Compensation for land acquired, and demolition of buildings
Clause 59 provides that subpart 5 applies if—
land is compulsorily acquired under this Bill; or
clause 40 or 41 applies (compensation for demolition of buildings in certain circumstances and for damage to other property caused by demolition of damaged building).
Clause 60 defines compensation for the purposes of subpart 5. Compensation is for actual loss, but not insured losses.
Clause 61 provides that a person who suffers a loss resulting from the compulsory acquisition of land under this Act is entitled to compensation from the Crown.
Clause 62 relates to the procedure for claiming compensation. A claim must be lodged within 2 years after the exercise of the power in question.
Clause 63 provides that the Minister will determine whether compensation is payable and the amount to be paid.
Clause 64 requires that claims be determined within a reasonable period.
Clause 65 provides that the exercise of power under this Act is not affected by a claim for compensation.
Clause 66 provides that this Act does not confer any right to compensation except as provided in this subpart.
Subpart 6—Appeal rights
Clause 67 provides that there is no appeal against a decision of the Minister or the chief executive under this Bill, except as provided for in clauses 68 and 69.
Clause 68 provides for an appeal to the High Court—
against a determination of compensation:
against a decision of a Minister under clause 23(2):
against a decision on an application for a resource consent or a notice of requirement for an activity or use that is specified in a Recovery Plan as being subject to this section, and in respect of which a person would otherwise have a right of appeal or objection under the Resource Management Act 1991:
against a decision under the Resource Management Act 1991 that has been called in by the Minister under this Act:
in respect of a dispute referred to in clause 37 (surveys).
Clause 69 provides a right of appeal to the Court of Appeal against a decision of the High Court under clause 68. An appeal lies as of right if the appeal is on a point of law, otherwise the appeal will be heard only with leave granted by the Court of Appeal.
In the case of an appeal referred to in clause 68(1)(a) (which relates to determinations about compensation) there is a further right of appeal to the Supreme Court on a question of law, but only with leave granted by the Supreme Court.
Subpart 7—Delegated legislation
This subpart (clauses 70 to 75) largely carries over the provisions in the Canterbury Earthquake Response and Recovery Act 2010 relating to the making of Orders in Council. A new feature (in clauses 71 and 72) is the creation of a Canterbury Earthquake Recovery Review Panel of 4 persons to review draft Orders in Council before the relevant Ministers can recommend them to Cabinet and the Executive Council. The Regulations (Disallowance) Act 1989 will apply to Orders in Council made under this Bill.
Subpart 8—Miscellaneous provisions
Clauses 76 to 80 provide for compliance orders.
Clause 81 allows courts and tribunals to extend or shorten time limits for the purposes of this Bill.
Clause 82 protects persons who carry out functions or exercise powers under the Bill.
Clause 83 validates actions taken under the Civil Defence Emergency Management Act 2002 by the National Controller, the Director, or any person acting under their authority while the state of national emergency was in force for Christchurch in 2011, except actions taken in bad faith or with gross negligence.
Clause 84 provides for the continuation of authorisations, directions, requirements, restrictions, or prohibitions made under the Civil Defence Emergency Management Act 2002 by the National Controller or the Director while the state of national emergency was in force in respect of Christchurch in 2011. The measures concerned have effect for 12 weeks after the commencement of this Bill unless brought to an end earlier by the Minister or the chief executive.
Clause 85 ensures that the emergency management framework under the Civil Defence Emergency Management Act 2002 will not be affected by this Bill if an emergency occurs in greater Christchurch while this Bill is in force.
Clause 86 enables Crown contracts and other undertakings to be transferred to a council.
Clause 87 requires the Minister to present quarterly reports on the operation of the Bill to the House of Representatives.
Clause 88 repeals the Canterbury Earthquake Response and Recovery Act 2010, validates things done under that Act or done under an Order in Council made under that Act, and continues those orders that have not expired.
Clause 89 and Schedule 2 amend the expiry dates of a number of Orders in Council made under the Canterbury Earthquake Response and Recovery Act 2010.
Clause 90 dissolves the Canterbury Earthquake Recovery Commission.
Clause 91 provides for annual reviews of the Bill.
Clause 92 provides that the Bill expires after 5 years and Orders in Council made under or continued by it will also expire then (unless they expire or are revoked sooner).
Schedule 1 prescribes a form to be used for the purposes of the compulsory acquisition of land under the Bill.
Schedule 2 sets out amendments to Orders in Council (see clause 63A).