“The Severe Weather Emergency Response Bill is an example of governance at its worst. Immensely powerful legislation being passed with minimal scrutiny, and a Government that ignores valid constitutional concerns,” says ACT’s Environment and Infrastructure spokesperson Simon Court.

“After introducing the bill through urgency last week, Labour only gave submitters 20 hours notice to submit. The bill is worrying in terms of its content but even worse is the process being used to enact it.

“It’s Henry VIII legislation that gives Ministers the power to simply change legislation as they see fit in specified regions and districts. The only apparent check and balance is a panel review that must be completed in three days and doesn’t require input from local government, local industry, engineers or experts in infrastructure.

“Submitters raised valid concerns even in the short time period. Constitutional law experts trashed the bill but were ignored by Labour.

“There is nothing in the bill to ensure the Minister’s actions are related to cyclone recovery. The Minister could change the voting age in one of the specified regions using the bill if they wanted to.

“People living in Auckland, Northland, Bay of Plenty, Hawke’s Bay and Gisborne would essentially be at the mercy of a Minister who could do whatever they want without consultation. The legislation needs to be amended so that it can only be used for situations that are directly related to cyclone recovery, not any situation the Minister of the day feels like using it for.

“These regions need support, but this isn’t it. A local response needs to take precedence and the Government’s job should be to limit intervention and cut red tape and regulations that hinder this.

“Labour has form when it comes to passing legislation that is overreaching and containing unrelated objectives under the guise of a crisis. Remember the COVID-19 emergency fund? It ended up being a slush fund to spend on things that had nothing to do with COVID-19 like school lunches, ballet events and museum exhibitions.

“ACT suggested removing RMA barriers in our cyclone recovery policy document released three weeks ago. This legislation should focus on that principle without giving unbridled powers to Ministers until 2028.

“Government needs to help cyclone-affected communities, it doesn’t need to give itself carte blanche to change the law as it pleases in the process.”

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