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

Gordon Campbell:
On The Team Behind Trump's Throne

Forget the Putin factor. Daily, the team of charlatans, bigots and stunningly ignorant crackpots that Trump is appointing to head key federal agencies is just as alarming. These are positions with vast power and budgetary discretion over policies that stand to affect tens of millions of vulnerable Americans. Sad! More>>

 

Gordon Campbell: On Bill English, Abroad

If David Cameron was the closest thing John Key had to a political mentor, their successors also share a whole lot in common. Theresa May and Bill English were both propelled into the top jobs as the result of unexpected resignations, and without much in the way of credible competition from their colleagues... More>>

ALSO:

Pike River: Labour Bill To Override Safety Act For Mine Entry

“Bill English has been hiding behind the legal excuse that any attempt to re-enter the mine to recover the bodies might place the mine’s owner, Solid Energy Limited, and its directors in breach of the Health and Safety at Work Act 2015." More>>

ALSO:

Gordon Campbell: On Populism And Labour 2017

For many people on the centre-left, populism is a dirty word, and a shorthand for the politics of bigotry. In this country, it has tended to be equated with the angry legions of New Zealand First. Who knew they were not just a reactionary spasm, but the wave of the future? More>>

Oxfam: 30% Of NZ Owns Less Wealth Than Our Two Richest Men

The research also reveals that the richest one per cent have 20 per cent of the wealth in New Zealand, while 90 per cent of the population owns less than half of the nation’s wealth. The research forms part of a global report released to coincide with this week’s annual meeting of political and business leaders at the World Economic Forum in Davos, Switzerland. More>>

ALSO:

Hospitals: Resident Doctors Set To Strike Again

Despite discussions between the DHBs and NZRDA over safer hours for resident doctors progressing during the last week, the strike planned for next week appears set to proceed. More>>

ALSO:

Not So Super Fund: More Burning Ethical Questions For Steven Joyce

Greens: Radio New Zealand reported this morning that the New Zealand Superfund has $77 million invested in 47 coal companies that the Norwegian Government’s Pension Fund – the largest sovereign fund in the world – has blacklisted. More>>

Activism: Greenpeace Intercepts World’s Biggest Seismic Oil Ship

Greenpeace crew have made contact with the world’s biggest seismic oil ship after travelling 50 nautical miles on two rigid-hulled inflatables off the coast of Wairarapa... Greenpeace radioed the master of the Amazon Warrior to deliver an open letter of protest signed by over 60,000 New Zealanders. More>>

ALSO:

Gordon Campbell: Why Tax Cuts In 2017 Would Be A (Proven) Bad Idea

Ever since the world fell prey to the mullahs of the free market in the 1980s, no amount of real world evidence has managed dispel one key tenet of their economic faith. Namely, the idea that if you cut income taxes and taxes on small business, a wave of individual enterprise and entrepreneurial energy will thus be unleashed, profits will rise and – hey bingo! – the tax cuts will soon be paying for themselves ... More>>

Get More From Scoop

 

LATEST HEADLINES

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