Brownlee Gerry: Canterbury Earthquake Recovery Bill — First Reading 
Brownlee Gerry: Canterbury Earthquake Recovery Bill — First Reading 
[Volume:671;Page:17898] 
Hon GERRY BROWNLEE (Minister for Canterbury Earthquake Recovery) 
: 
 I move  
That the Canterbury Earthquake Recovery Bill be now read a first time. 
 The leave that has just been granted by the House is somewhat unusual and I am grateful to members for allowing this procedure to take place. Just to explain the effect of the leave essentially the bill is read for a first time now and then at the end of the first reading upon a successful vote it will be laid upon the Table of the House to be dealt with presently. Presently in this sense will mean at 9 a.m. on Thursday morning. In the meantime the Local Government and Environment Committee will be able to hear from people who have been invited to submit their opinions on the bill to gather evidence that relates to those opinions and to present that evidence to the House for its consideration during the second reading Committee stage and third reading of the bill. 
The bill is necessary because effective earthquake recovery will require timely decisions that would not be possible under current legislation. The bill describes the activities that the Canterbury Earthquake Recovery Authority or CERA will undertake and the powers that the Minister for Canterbury Earthquake Recovery and/or the chief executive of the authority will need to undertake in these activities. The bill provides appropriate measures to enable Governments to facilitate and if necessary direct greater Christchurch and its communities to respond to and recover from the impacts of the two Canterbury earthquakes. 
The purpose of the bill is to provide appropriate measures to ensure that greater Christchurch and its communities respond to and recover from the impacts of the earthquakes; to enable community participation in the planning the recovery and the rebuilding of affected communities without impeding a focused timely and expedited recovery; to facilitate and direct the planning rebuilding and recovery of affected communities including the repair and rebuilding of infrastructure and other property; and to restore the social economic cultural and environmental well-being of greater Christchurch communities. 
The bill vests powers in the Minister for Canterbury Earthquake Recovery and the chief executive of the Canterbury Earthquake Recovery Authority. These powers are necessary to enable an effective timely and coordinated recovery for greater Christchurch following these events. In order to achieve the policy intent of effective and efficient rebuild and recovery in Christchurch the legislation needs to ensure that the desired outcomes identified in the recovery strategy by the Christchurch Earthquake Recovery Agency and the Minister which provides for the recovery plans are able to be efficiently and effectively delivered on the ground. 
The private sector and the wider community will be critical players in the successful recovery and rebuilding of Christchurch alongside central and local government agencies. It is worth noting at this point that in response to the initial emergency and as we have moved into recovery literally tens of thousands of people in Canterbury have gone the extra mile to make life a bit easier for their fellow Cantabrians. This bill sets out to capture that intention and that deep intensity of desire to recover. 
To achieve its policy intent the legislation must ensure that an appropriate balance is struck between providing certainty to residential communities and business investors about how the legislation will work and what is needed for the recovery on the one hand and providing flexibility for different and innovative solutions to specific circumstances on the other. The processes set out in the bill are efficient while providing appropriate safeguards. The recovery strategy and plans formulated under the bill are linked efficiently through the existing statutory planning framework in greater Christchurch. This includes ensuring that non - recovery-related activity in Christchurch does not inadvertently cut across the direction set out in the recovery strategy and plans. 
Only those powers considered necessary have been provided for and they fall into a series of broad groupings. The first is information gathering reports and investigations. These powers are necessary as critical decisions must be based on accurate information. Most notably here gathering information for a large data set that will help make informed decisions about the future viability of some streets and indeed some suburbs in Christchurch is absolutely essential. This information must be able to be shared to ensure appropriate levels of consultation and explanation of the decisions made. I hasten to add that much of the information that is provided will be available for analysis by an agency of Government but will not be generally available because of its commercial sensitivity. 
Aligned with the gathering of information is the need to commission reports and investigations to ensure that decisions are soundly based. One can only imagine what it would be like to find out that people living on one side of a road have a section that is no longer viable and may need to move but people on the other side of the road are deemed to be on a safe and stable piece of ground. Anyone in that situation will want to know that the very best of information has been gathered and the most appropriate analysis of that information has been made. 
The next grouping of powers is the power of entry. This power is necessary to enable premises to be inspected to facilitate carrying out work to assist in the recovery efforts such as informing land remediation decisions and maintaining structures on relevant land and preventing damage to them. 
Surveying powers are needed to ensure the speedy and accurate reinstatement of title boundaries which is an issue that underpins New Zealand’s economy and is central to the equity that many homeowners have in their property. It provides certainty for property rights of affected landowners. These powers will ensure that property boundaries are determined in accordance with the best interests of the Canterbury region and in a manner that enhances the recovery effort for the region. 
On building works in order to achieve the purposes of this Act the chief executive of the Canterbury Earthquake Recovery Authority must be able to carry out or commission building works including demolition. This power enables urgent action to be taken and prevents unreasonable delays that might stop necessary works. One of the worst things that could happen would be for large buildings that have big drop zones to be given months and months to sort themselves out in the process preventing many others getting into their premises preventing jobs being reactivated and holding up the general commerce of the central business district. 
These powers are complemented by additional associated powers that enable land to be subdivided to permit building works for temporary housing to be erected to authorise the use of that land and to stop or close roads. The Government has commissioned through the Canterbury Earthquake Recovery Authority a number of temporary housing units which will go in public places in anticipation of people needing those units as their houses are repaired. This particular section of the Act enables that work. 
The powers of direction are necessary to enable work to be coordinated to avoid disruption and duplication of effort. For example the provision of power water and other services should be done simultaneously so that roads are not continuously being dug up for such works. This power includes the power to step in where directions are not followed. For private property owners these powers enable the Crown to purchase property where required to enable the recovery to proceed and enable compulsory acquisition where necessary. These powers I think will be exercised sparingly but they will be particularly important for the recovery of suburbs as well as of the central business district. 
The power to require information can be used only where information can be provided without unreasonable difficulty or expense. Before disseminating information the chief executive must consider privacy principles. The person exercising a power of entry must produce authorisation and evidence of identification and reasonable notice must be given. Before exercising the survey power the chief executive must consult the Surveyor-General and where there is a dispute a dispute mechanism needs to be put in place. 
In undertaking building works a notice is required to be served on owners occupiers or other persons with an interest in the land. In exercising powers of direction the step-in right does not include the ability to collect rates or to take action that may affect other rating decisions. Notice of the intention to acquire land is required. Persons who have had their land compulsorily acquired or demolished will be entitled to compensation and any person may appeal to the High Court against the determination of compensation against any decision in respect of which there is a right of appeal and objection under the Resource Management Act or from a dispute over a survey definition decision. 
There is one other significant control in the bill. The Minister must prepare and present to the House a quarterly report on the operation of this Act. Each report must include a description of the powers exercised by or on behalf of the Minister or the chief executive under this Act during that period. The Act is subject to the Official Information Act as is the department and the decisions by the Minister are subject to judicial review. 
Overall this bill enables the Government to move swiftly to restore the social and economic well-being of the greater Christchurch area and its affected communities. The checks and balances ensure that the necessary powers for recovery are used judiciously are open to appropriate levels of public scrutiny and provide for appeal. I commend the bill to the House.