Urgent legislation to help Canterbury recovery

Hon Gerry Brownlee
Minister for Economic Development

13 September 2010 Media Statement

Urgent legislation to help Canterbury recovery

The government will introduce legislation tomorrow to facilitate recovery work in Canterbury, says Gerry Brownlee, the Minister responsible for coordinating the Government's recovery response to the Canterbury earthquake.

“Canterbury has been under a state of emergency for nine days following the earthquake. When the state of emergency is lifted, normal legislative requirements come back into force,” Mr Brownlee said.

“The building, local government and resource management acts are not designed for the special circumstances Canterbury faces. We don’t want recovery work being slowed or stopped by filling out paper work. That is why the government is introducing the Canterbury Earthquake Response and Recovery Bill, to allow a seamless transition from the state of emergency.

“This temporary legislation will exempt or relax legislation as it applies to the emergency and recovery response. For example, sewage pipes that are cracked may be able to be diverted to ensure water supply remains safe and local councils aren’t liable for prosecution. If a heritage building needs strengthening urgently rather than waiting for resource consents and approvals the work could start immediately and consents would be granted retrospectively.”

The legislation will expire no later than 1 April 2012 and enables the government to use orders in council to ensure recovery operations can occur efficiently and without delay. It also creates a commission that includes the mayors of the three worst-hit districts – Christchurch, Waimakariri and Selwyn. The Canterbury Earthquake Recovery Commission will link decision makers on the ground in Canterbury directly with government Ministers.

“The state of emergency has allowed authorities in Canterbury to make decisions and act quickly in response to the calamity they faced.

“They have done well and the emergency state is passing. Special legislation is needed to ensure recovery work continues at pace,” Mr Brownlee said.

ENDS

Questions & Answers

What is the purpose of the Canterbury Earthquake Response and Recovery Bill?

The purpose of this legislation is to facilitate the response to the Canterbury earthquake. The legislation enables the relaxation or suspension of statutory requirements that:

• may divert resources away from clean-up efforts or prevention of future damage;

• may not be able to be complied with due to the Canterbury earthquake;

• may delay a timely response to the emergency recovery.

How will statutory requirements be relaxed or suspended?

The Canterbury Earthquake Response and Recovery Bill enables the government to use orders in council to facilitate the recovery response. Orders in council will be used to tailor specific solutions to identified issues as Canterbury recovers. It allows authorities to react quickly.

What is an Order in Council?

An order in council authorises action on a particular matter and is made by the Executive Council and presided over by the Governor-General. All Ministers are members of the Executive Council.

The Canterbury Earthquake Response and Recovery Bill allow Orders in Council to go directly to the Executive Council without first being approved by Cabinet. These orders in council will authorise amendments, suspension, or exemptions of the relevant legislation to enable the recovery and repair of damage caused by the Canterbury Earthquake to progress in a timely manner.

Once the Executive Council documents have been signed by the Governor-General, they are returned by the Cabinet Office to the Minister's office. The Cabinet Office will arrange for the Orders in Council to be notified in the New Zealand Gazette.

How long will orders in council be in place?

Each order in council, developed in response to the recovery, will need to meet the test of complying with the purpose of this Bill – it must facilitate the response to the Canterbury earthquake.

The orders in council, and this legislation, will only be in place for as long as they are needed and no longer than 1 April 2012.

Who will be on the Canterbury Earthquake Recovery Commission?

The Mayors of the three worst-hit districts, Christchurch, Waimakariri and Selwyn will be on the commission.

The government will make four appointments to the commission including an Environment Canterbury Commissioner, an independent chair – who is not a public servant – and a further two members. These appointments will be announced shortly.

What role will the commission have?

The commission will work with both central and local government to prioritise work and will:

• be able to propose Orders in Council and

• are to be consulted on all Orders in Council made under this Bill.

The commission will also provide advice to the responsible Ministers on the prioritisation of resources and allocation of funding.

How will impediments to the recovery be identified?

The impediments will be identified by both central and local government. People working directly on the recovery will be identifying things that could delay or hinder the recovery.