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Supplementary Order Paper No 234

No 234

House of Representatives

Supplementary Order Paper

Tuesday, 12 April 2011

Canterbury Earthquake Recovery Bill

Proposed amendments

Kennedy Graham, in Committee, to move the following amendments:

Clause 71

Subclause (1): to omit “The Minister” and substitute “The Governor-General, on the recommendation of the House of Representatives,” (line 29 on page 42).

Subclause (3): to omit “The Minister” and substitute “The Governor-General, on the recommendation of the House of Representatives,” (line 1 on page 43).

Subclause (4)(a): to omit “the Minister” and substitute “the Governor-General upon an address from the House of Representatives” (line 5 on page 43).

Subclause (4)(b): to omit “the Minister” and substitute “the Speaker” (line 6 on page 43).

Clause 72

To insert the following subclause after subclause (3) (after line 25 on page 43):

  • (3A) If the Canterbury Earthquake Recovery Review Panel determines that a draft Order in Council is contrary to the purpose of the Act as set out in section 3, the draft Order in Council must be set down as a motion by the Minister for approval by resolution of the House of Representatives.

Explanatory note

This Supplementary Order Paper amends the Canterbury Earthquake Recovery Bill. As it stands, the Government can change or override any law in the country until 2016 without any Parliamentary oversight or independent checks. The proposed amendments will help ensure there is an independent review panel to review any Orders in Council made under the new legislation. The Panel will have the ability to refer Orders in Council for debate in the House of Representatives when they are contrary to the purposes of Act. The current Bill sets out that the Review Panel will be appointed solely by the responsible Minister (who also has the unlimited power to remove members), this means that their independence is compromised.