Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Judgment: Fowler Developments, Quake Outcasts v CERA

[Full judgment: Fowler_Developments_Ltd_v_CE_CERA_and_Quake_Outcasts_v_Min_for_CER_and_O.pdf]

IN THE HIGH COURT OF NEW ZEALAND

CHRISTCHURCH REGISTRY
CIV-2013-409-000274

[2013] NZHC 2173

BETWEEN FOWLER DEVELOPMENTS LIMITED

Applicant
AND THE CHIEF EXECUTIVE OF THE CANTERBURY EARTHQUAKE RECOVERY AUTHORITY

Respondent
AND THE HUMAN RIGHTS COMMISSION

Intervener

CIV-2013-409-000843

BETWEEN QUAKE OUTCASTS

Applicant
AND THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY

First Respondent
AND THE CHIEF EXECUTIVE OF THE CANTERBURY EARTHQUAKE RECOVERY AUTHORITY

Second Respondent
AND THE HUMAN RIGHTS COMMISSION

Intervener

Hearing: 22,23, 24 July 2013
Counsel: S P Rennie and J E Bayley for Fowler Developments

FMR Cooke QC, MSR Palmer and LJC McLoughlin-Ware for Quake Outcasts

D J Goddard QC, P A McCarthy and A J Wicks for Respondents
Judgment: 26 August 2013

JUDGMENT OF PANCKHURST J

[…]

[1] This case concerns two applications for judicial review heard together by consent. The genesis of each proceeding was the making of offers by the chief executive of the Canterbury Earthquake Recovery Authority (CERA) to purchase either vacant land, or uninsured residential properties, for 50 percent of the 2007 rating value of the land. The land or properties are situated in the Christchurch residential red zone. The zone defines land areas considered unlikely to be suitable for continued residential occupation for a prolonged period.

[2] The applicants, Fowler Developments Limited and the Quake Outcasts (an unincorporated group of land and property owners who are identified in a schedule containing individual names and addresses) are aggrieved at the level of the buy-out offer. In particular, they consider that their treatment is unequal by comparison to that accorded to insured residential property owners who received a 100 percent buy-out offer.

[3] The applications for judicial review assert various grounds of challenge. The principal ground is that the 50 percent offers are unlawful because they were not made in accordance with the requirements of the Canterbury Earthquake Recovery Act 2011 (the Act). It is also alleged that the 50 percent offers are oppressive, disproportionate, and in breach of the applicants’ human rights.

[4] The principal relief sought is that the decisions which gave rise to the 50 percent offer be set aside and that the decision-maker(s) be required to reconsider the individual situations of the applicants in terms of the purposes and principles of the Act.

[5] The Human Rights Commission (HRC) was joined as an intervener, since it considers that the case raises significant human rights concerns. The Commission filed detailed written submissions, but did not appear at the hearing.

[...]

Conclusion

[102] Accordingly I make:

(a) A declaration that the decision to offer to purchase the properties of the applicants on the terms announced by the Minister on 13 September 2012 was not made according to law and is set aside, as are the offers subsequently made to the applicants by the chief executive.

(b) A direction that the Minister and the chief executive reconsider and reach a new decision to purchase the applicants’ properties, such decision to be made in accordance with law:

(i) as required by the purposes and principles of the Canterbury Earthquake Recovery Act 2011, and

(ii) with regard paid to the reasons contained in this judgment.

Leave is reserved to the parties to revert to the Court in relation to the terms of relief in [81] and [102] if clarification is required.


[103] Costs are reserved. The applicants may file a memorandum within 15 working days, to which the respondents may reply within 10 working days.


[Full judgment: Fowler_Developments_Ltd_v_CE_CERA_and_Quake_Outcasts_v_Min_for_CER_and_O.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

PARLIAMENT TODAY:

  • Week in Parliament 22-05-15
  • Saturday Sitting
  • House Rises At Midnight
  • Telco Levy Bill Passes
  • Telco Levy Bill Completes First Reading
  • Social Housing Bill Passes Under Urgency

  • TPPA: University Of Auckland Warns Of Negative TPP Impact

    The University of Auckland May 20, 2015 University of Auckland Warns of Negative TPP Impact With the Trans Pacific Partnership (TPP) negotiation drawing to a close, the University of Auckland has expressed serious concerns about its potential implications. ... More>>

    NZ Flag: Flag Referendum Gets Hit Hard In New Poll

    The latest Campbell Live text poll confirms it is time for the Prime Minister to listen to the public and shelve his flag referendum, says the New Zealand First Leader Rt Hon Winston Peters. More>>

    Gordon Campbell: The Government’s Belated Moves On Property Speculation

    Is it a property tax on capital gains or a capital gains tax on property? The Jesuitical distinctions in the government’s spin about its latest moves on property speculators are all about whether the government can claim that it jumped, or confess that it ... More>>

    Grant Robertson:
    Key Can’t Just Be Prime Minister For Parnell

    John Key must show New Zealanders in next week’s Budget that he is more than the Prime Minister for Parnell, and is also the Prime Minister for Pine Hill, Putararu and Palmerston North, Labour’s Finance spokesperson Grant Robertson says. In a ... More>>

    Labour Party: More Regional Jobs Go In Corrections Reshape

    News that 194 Corrections staff are to lose their jobs will have ramifications not only for them and their families but for the wider community, Labour’s Corrections spokesperson Kelvin Davis says. Prison units at Waikeria, Tongariro and Rimutaka ... More>>

    ALSO:

  • NZ First - Prison Job Losses to Send Money Offshore
  • TPPA: ‘Team Obama’ Regroups On Fast Track, Still Not Deliverable

    ‘After yesterday’s stinging and unexpected defeat for the Obama administration’s attempt to advance Fast Track legislation in the US Senate, Senate leaders have worked up a compromise they think will get them past this blockage’, according to Auckland ... More>>

    NZ Government: 5,500 More Doctors And Nurses In Our Hospitals

    Health Minister Jonathan Coleman says a record number of doctors and nurses are working in District Health Boards across the country. More>>

    Controller and Auditor General: Katherine Rich Conflict of Interest Decision

    We are writing to you about a matter that has been raised with us by members of the public. More>>

    ALSO:


    Budget 2015: Andrew Little On The 2015 Budget

    Speaking to the Chamber of Commerce, the Labour opposition leader attacked the government’s approach to economic issues facing New Zealand. He said they have been “more than reckless in their complacency” and “the next week’s budget will do nothing ... More>>

    Defence Force: NZDF Building Partner Capacity Mission Personnel In Iraq

    NZDF Building Partner Capacity Mission Personnel in Iraq The New Zealand Defence Force Building Partner Capacity training mission contingent is in place at Taji Military Complex in Iraq. The Chief of Defence Force Lieutenant General Tim Keating says the ... More>>

    PM Press Conference: ACC Levy Cuts Announced

    In a press conference this afternoon in Wellington, ACC Minister Nikki Kaye proposed $500 million worth of ACC levy cuts. More>>

    Quakes: New Process For Red Zone Crown Offers

    Canterbury Earthquake Recovery Minister Gerry Brownlee has announced a process to give everyone a say on the Crown offers to owners of vacant, commercial/industrial and uninsured properties in the Residential Red Zone. More>>

    ALSO:

    Gordon Campbell: On The Battle Obama Is Waging Over The TPP

    For the past two and a half years, this column has been arguing that the fate of the Trans Pacific Partnership (TPP) deal will hinge on whether US President Barack Obama can win Trade Promotion Authority (TPA) from Congress... Last week, the White House finally, finally unveiled a draft TPA Bill. More>>

    ALSO:


    Gordon Campbell: On lessons for Labour from the UK election
    If the polls were right – and the pollsters kept telling us how accurate they’d been in 2010, and even Nate Silver was getting the same results – there seemed no way that the British Labour Party could lose last Thursday’s British election. With Labour predicted to win around 270 seats and the Scottish National Party batting around 55-60 seats, Labour seemed to be home free. But…as we now know, things didn’t turn out that way. Labour ended up with 232 seats and the Conservatives swept back to power with an outright majority, after winning only a little more than a third ( 36.9%) of the votes cast.MORE >>
    Also.

  • NZ PM John Key - PM congratulates David Cameron after UK election
  • The Nation IV Transcript - Hack Attack author Nick Davies
  • Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
    More RSS  RSS
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news