IN THE COURT OF APPEAL OF NEW ZEALAND
CA478/2016 [2017] NZCA 332

BETWEEN QUAKE OUTCASTS

Appellant

AND THE MINISTER OF CANTERBURY EARTHQUAKE RECOVERY
First Respondent

THE CHIEF EXECUTIVE, CANTERBURY EARTHQUAKE RECOVERY AUTHORITY
Second Respondent

JUDGMENT OF THE COURT

A The appeal is allowed. The substantive judgment and costs judgment of the High Court are set aside.

B The Minister’s decision to approve the Recovery Plan, under which nothing was offered for uninsured improvements, is declared unlawful.

C Leave is reserved for the parties to file further submissions on remedy.

D The respondents will pay the appellant costs for a standard appeal on a band B basis and usual disbursements.

E Costs in the High Court should be fixed there in light of this judgment.

Full judgment:
QuakeOutcastsvGovt.pdf

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