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Greater Christchurch Regeneration Bill
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Hon Gerry Brownlee
Greater Christchurch Regeneration Bill
Government Bill
79—3
Contents
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
3
Purposes
4
Interpretation
5
Transitional, savings, and related provisions
6
Act binds the Crown
7
Application of Ngāi Tahu Claims Settlement Act 1998
8
Geographical application of Act
9
Effect of Plans on exercise of powers under Act
10
Effect of Act on other powers
11
Conditions applying to exercise of powers by Minister or chief executive
Part 2
Functions, powers, and processes relating to regeneration of greater Christchurch
Subpart 1—Development and implementation of planning instruments
Preliminary provisions
12
Overview
12A
Interpretation
in this subpart
12B
Who may be proponent
12C
Application of provisions of this subpart to Plans
13
Parties must respond promptly
14
Section 32 and Schedule 1 of Resource Management Act 1991 not to apply
15
Additional ground for rejecting request for change to RMA document
Development and amendment of Plans
relating to greater Christchurch
16
Outline for Plan or amendment
relating to greater Christchurch
17
Proponent must seek views and finalise outline
18
Minister may approve outline for Plan or amendment
19
Proponent may
revise
modify
outline for Plan or amendment if outline declined
20
Development of draft Plan or amendment
20A
Proponent must notify draft Plan or amendment and
seek
invite
comment
20B
Proponent must finalise and submit draft Plan or amendment
21
Approval of Plan or amendment
relating to greater Christchurch
22
Proponent may
revise
modify
draft Plan or amendment
Development and amendment of Plans relating to Christchurch district
22A
Outline for Plan or amendment relating to Christchurch district
22B
Proponent must seek views and finalise outline
22C
Regenerate Christchurch must review outline and may recommend outline to Minister
22D
Minister must approve outline for Plan or amendment if conditions in
section 11
are met
22E
Proponent may modify outline for Plan or amendment if outline declined
22F
Development of draft Plan or amendment
22G
Regenerate Christchurch must notify draft Plan or amendment and invite comment
22H
Proponent must finalise and submit draft Plan or amendment
22I
Regenerate Christchurch must review draft Plan or amendment
22J
Regenerate Christchurch must provide recommendation to Minister
22K
Approval of Plan or amendment relating to Christchurch district
22L
Proponent may modify draft Plan or amendment
Minor amendments
23
Minor amendments
Revocation of Plans
relating to greater Christchurch
24
Outline for revocation
of Plan relating to greater Christchurch
25
Proponent must seek views and finalise outline
26
Minister may approve outline for revocation
27
Proponent may
revise
modify
outline for revocation if outline declined
28
Development of proposed revocation
28A
Proponent must finalise and submit proposed revocation
29
Approval of revocation
of Plan relating to greater Christchurch
30
Minister must provide reasons for declining proposed revocation
Revocation of Plans relating to Christchurch district
30A
Outline for revocation of Plan relating to Christchurch district
30B
Proponent must seek views and finalise outline
30C
Regenerate Christchurch must review outline and may recommend outline to Minister
30D
Minister must approve outline for revocation if conditions in
section 11
are met
30E
Proponent may modify outline for revocation if outline declined
30F
Development of proposed revocation
30G
Proponent must finalise and submit proposed revocation
30H
Regenerate Christchurch must review proposed revocation
30I
Regenerate Christchurch must provide recommendation to Minister
30J
Approval of revocation of Plan relating to Christchurch district
30K
Minister must provide reasons for declining proposed revocation
Effect of Plans
31
Councils, etc, not to act inconsistently with Plan
32
Councils to amend documents if required
33
Section 88A(1A) of Resource Management Act 1991 not to apply
34
Relationship to other instruments
35
Status of Plans under Legislation Act 2012
Suspension, amendment, or revocation of RMA document, council plan, etc
36
Proposal for exercise of power in section 42
37
Proponent must seek views and finalise proposal
38
Minister may decide to proceed with proposal
39
Minister must
seek
invite public
comment
40
Approval of proposal for exercise of power
41
Minister must provide reasons for declining proposal to exercise power
42
Minister may suspend, amend, or revoke RMA document, council plan, etc
42A
Contents of notice under section 42
43
Status of notice under Legislation Act 2012
Subpart 2—Dealing with land and other property
Surveys
44
Approval of cadastral survey datasets
45
New surveys
46
Disputes
Building works, etc
47
Works
48
First notice requirement for work carried out on private land
49
Additional requirements for demolition work carried out under section 47
49A
Second notice requirement for work carried out on private land
50
Chief executive may apply to High Court for order that owner or occupier vacate land or building
50A
Authorised persons may enter private land to carry out work under section 47
51
Compensation for demolition of buildings
52
Compensation for damage to other property caused by demolition of building
53
Temporary buildings
Access and roads
54
Access to areas or buildings
55
Prohibiting and restricting public access, closing and stopping roads, etc
56
Offences relating to access and roads
Power to direct owner to act
57
Power to direct owner to act for benefit of adjoining or adjacent owners
58
Offence to fail to comply with direction
Acquisition and other dealing with property
59
Acquisition and other dealing with property
Other dealing with land
60
Declarations by Minister concerning land
61
Subdividing land, etc
62
Amalgamation of land
63
Minister must consult Minister of Conservation in certain cases
64
Notice of intention to vest land in the Crown
65
Effect of notice of intention to vest land in the Crown
66
Notice of intention to amalgamate land
67
Effect of notice of intention to amalgamate land
68
Minister may publish vesting notice and amalgamation notice together
69
Notice to be registered
Compulsory acquisition of land
70
Preconditions to exercise of power in sections 71 to 74
71
Notice of intention to take land
72
Proclamation
73
Proclamation to be registered
74
Vacant possession
Disposal of land
75
Disposal of land
76
Certain land to be disposed of under section 75 subject to offer back provisions in Public Works Act 1981
77
Certain compulsorily acquired land to be disposed of under section 75 must be offered back
Subpart 3—Compensation under this Act
78
When this subpart applies
79
Meaning of compensation
80
Entitlement to compensation
81
Procedure for claiming compensation
82
Minister determines compensation
83
Time for making determination
84
Exercise of power unaffected by claim for compensation
85
No compensation except as provided by this Act
Subpart 4—Appeal rights
86
Appeal
87
Exceptions to exclusion of appeals
88
Appeal from High Court and in some cases from Court of Appeal
Subpart 5—Regenerate Christchurch
89
Establishment and status of Regenerate Christchurch
90
Purpose and objectives of Regenerate Christchurch
91
Functions of Regenerate Christchurch
92
Powers of Regenerate Christchurch
93
Area of Regenerate Christchurch
Board of Regenerate Christchurch
94
Board’s role
95
Membership of board
95A
Chairperson of board
Further provisions relating to Regenerate Christchurch
96
Further provisions relating to Regenerate Christchurch
97
Role of Christchurch City Council and Minister
97A
Letter of expectations
97B
Direction to amend statement of intent or statement of performance expectations
98
Acts done before commencement
99
Successor organisation
100
Regenerate Christchurch’s income exempt from income tax
101
Application of certain Acts
Subpart 6—Transfer of assets, liabilities, and
Crown agreements
land
102
Interpretation
in this subpart
104
Regenerate Christchurch may transfer assets and liabilities
105
Notice of transfer
106
Residual assets and liabilities transferred to successor organisation
106A
Transfer of Crown agreements, etc
106A
Transfer of Crown agreements, etc
106B
Transfer of Crown assets, liabilities, and land to Ōtākaro Limited
Transfer of designations to Ōtākaro Limited
106C
Transfer of designations to Ōtākaro Limited
Transfer does not affect rights, etc
107
Transfer does not affect rights, etc
Subpart 7—Miscellaneous provisions
109
Protection from liability
Minister for Canterbury Earthquake Recovery may transfer designations
110A
Minister for Canterbury Earthquake Recovery may transfer designations to Ōtākaro Limited
Repeal of Canterbury Earthquake Recovery Act 2011 and related matters
111
Repeal, revocations, and validation
112
Continuation, amendment, and validation of certain Orders in Council
113
Power to revoke Orders in Council continued by section 112
114
Application of Legislation Act 2012
Annual review
115
Annual review of Act
Repeal, amendments, and revocations
116
Repeal of this Act and revocations
117
Consequential amendments and revocation
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Description of greater Christchurch
Schedule 2A
Description of Christchurch residential red zone
Schedule 3
Form
Schedule 5
Provisions applying in relation to Regenerate Christchurch
Schedule 6
Legislative instruments revoked
Schedule 7
Legislative instruments continued and amended
Schedule 8
Consequential amendments and revocation
Legislative history
The Parliament of New Zealand enacts as follows: