The Canterbury Earthquake Response and Recovery Act 2010

There is a considerable amount of concern over the Canterbury Earthquake Response and Recovery Act, which was whipped through Parliament with great haste in order that the Government might have "adequate statutory power to assist with the response to the Canterbury earthquake". There is no doubt whatsoever that there was a need to act quickly so that the rebuilding of Christchurch could commence quickly and smoothly, and to ensure that those seeking to help the city return to normal are not hamstrung by being tied up in red tape.

But the powers that act grants to the Government are wide in the extreme and it is not an exaggeration to say that Gerry Brownlee, the minister heading the recovery program, is cast in the role of pseudo monarch. The Government can effectively decide to ignore the law except for five acts – the Bill of Rights 1688, the Constitution Act 1986, the Electoral Act 1993, the Judicature Amendment Act 1972, and the New Zealand Bill of Rights 1990.

Among the many acts of parliament it can override using powers bestowed on it in the new act include the Resource Management Act, the Commerce Act, the Historic Places Act and the Health and Disability Services (Safety Act) which together form the foundations of the planning regime. Edicts made using powers in the new act carry all the force of the law, no-one acting in good faith under those edicts can be held liable, and there is no right to compensation created by the act. The new law has been compared to a Henry the VIII clause and gives unbridled power to the minister.

That is not to suggest that the Government will use the new powers unwisely or without due thought. The act passed into law with the support of all parties in Parliament. There is widespread doubt about whether Mr Brownlee, the man who so favours the mining of conservation land should be trusted with architectural heritage of Christchurch. We should not lose sight of the fact that it was in large part due to the tough building code requirements and consent process that Christchurch came through the horrors of the September 4^th quake with no loss of life.

One of the first acts expected using the new powers is to absolve the council of its statutory obligation to provide home buyers with land information memoranda within 10 working days.  The council’s property files are stored at a recall facility and are in turmoil following the quake. As such, it is not going to be able to provide a full LIM for some months.

Whilst the new law will not please everyone, the government had to be seen to act quickly and decisively to enable the re building of Christchurch to commence as soon as reasonable possible. With over 4 billion dollars of claims expected and still another two months in which claims can be lodged, the full extent of the damage is as yet unknown. The powers granted under the act will be in effect until 1 April 2012.