Hon Gerry Brownlee
Government Bill
286—1
Explanatory note
1 Title
2 Commencement
Part 1Preliminary provisions
3 Purposes
4 Interpretation
5 Act binds the Crown
Part 2Functions and powers to assist recovery and rebuilding
Subpart 1—Input into decision making by community and cross-party forums
6 Community forum
7 Cross-party forum
Subpart 2—Minister and chief executive of CERA
8 Functions of Minister
9 Functions of chief executive
10 Powers to be exercised for purposes of this Act
Subpart 3—Development and implementation of planning instruments
Recovery Strategy
11 Chief executive to develop Recovery Strategy for Minister's approval
12 Process for developing Recovery Strategy
13 Public notification of draft Recovery Strategy
14 Changes to Recovery Strategy
15 Effect of Recovery Strategy
Recovery Plans
16 Recovery Plans generally
17 Recovery Plan for CBD
18 Public notification of draft Recovery Plan for CBD
19 Relationship between Recovery Plans and Recovery Strategy
20 Development of Recovery Plans
21 Approval of Recovery Plans
22 Changes to Recovery Plan
23 Councils not to act inconsistently with Recovery Plan on and from its notification
24 Councils to amend documents if required
25 Section 88A(1A) of Resource Management Act 1991 not to apply
26 Relationship to other instruments
Provisions affecting councils and others
27 Suspension of plan, etc
28 Council contracts that require chief executive's consent
Subpart 4—Further provisions
Information gathering, reports, and investigations
29 Requiring information to be given
30 Dissemination of information
31 Commissioning reports
32 Investigations
Power of entry
33 Authorised person may enter premises
34 Exercise of power of entry
Surveys
35 Approval of cadastral survey datasets
36 New surveys
37 Disputes
Building works, etc
38 Works
39 Provisions relating to demolition or other works
40 Compensation for demolition of buildings
41 Compensation for damage to other property caused by demolition of building
42 Offences relating to works
43 Subdividing land, etc
44 Temporary buildings
45 Access to areas or buildings
46 Closing and stopping roads, etc
47 Offences relating to roads
Directions
48 Directions to take or stop taking action
49 Minister may require council or council organisation to perform function, etc
50 Call-in notices
Provisions relating to real or personal property
51 Power to direct owner to act for benefit of adjoining owners
52 Acquiring or disposing of property
53 Notice of intention to take land
54 Proclamation
55 Proclamation to be registered
56 Vacant possession
57 Certain land must be offered back
58 Application of Ngāi Tahu Claims Settlement Act 1998
Subpart 5—Compensation under this Act
59 When this subpart applies
60 Meaning of compensation
61 Entitlement to compensation
62 Procedure for claiming compensation
63 Minister determines compensation
64 Time for making determination
65 Exercise of power unaffected by claim for compensation
66 No compensation except as provided by this Act
Subpart 6—Appeal rights
67 Appeal
68 Exceptions to exclusion of appeals
69 Appeal from High Court and in some cases from Court of Appeal
Subpart 7—Delegated legislation
70 Governor-General may make Orders in Council for purpose of Act
Canterbury Earthquake Recovery Review Panel
71 Canterbury Earthquake Recovery Review Panel
72 Function of Canterbury Earthquake Recovery Review Panel
73 Procedure for recommending Order in Council
74 Further provisions about Orders in Council
75 Regulations (Disallowance) Act 1989 applies
Subpart 8—Miscellaneous provisions
Compliance orders
76 Power of chief executive to order compliance
77 Service of compliance order
78 Appeal to High Court
79 Appeal to Court of Appeal
80 Offence of breaching compliance order
Other matters
81 Power of courts to extend or shorten time
82 Protection from liability
83 Actions of emergency management personnel
84 Continuation of emergency management measures
85 Civil defence emergency management not affected by this Act if further emergency occurs
86 Transfer of Crown contracts, etc
87 Quarterly report on operation of this Act
88 Repeal and savings
89 Orders in Council amended
90 Commission dissolved
91 Annual reviews of Act
92 Expiry and revocations
Schedule 1Form
Schedule 2Orders in Council amended
The Parliament of New Zealand enacts as follows: