Smith Stuart: Canterbury Property Boundaries and Related Matters Bill — Second ReadingText is incorporated into the Bound VolumeSmith Stuart: Canterbury Property Boundaries and Related Matters Bill — Second Reading[Sitting date: 02 June 2016. Volume:714;Page:11673. Text is incorporated into the Bound Volume.]STUART SMITH (National—Kaikōura): It is a pleasure to speak on the Canterbury Property Boundaries and Related Matters Bill. I say that because many of my colleagues do not think I am a Canterbury MP but in fact the Kaikōura electorate is actually a little bigger than the State of Israel. It extends from the Marlborough Sounds right down to the Ashley River which is just north of Christchurch. Many of my constituents were affected by the earthquakes directly and some have properties in Christchurch that have been affected by them. I also have quite a few constituents who have moved north out of Canterbury into my electorate and I run into those people quite often and in fact have advocated on their behalf in many earthquake-related matters since the earthquake.I think this bill really touches on one of the main tenets of our society and that is property and property that we all hold very dear. One thing we expect with our property is that it is all set in our boundaries and the boundaries define our property. Generally it is accepted that property boundaries are fixed and do not move. In fact surveyors generally accept the principle that boundaries do not move at all except for gradual unnoticeable water boundary movement which I guess stands for erosion. In fact as has been pointed out over 11000 properties it is estimated had their boundaries move by at least 20 centimetres which is significant by anybody’s measure. The difficulty is that the surveyors and residents generally expect that boundaries are fixed so something had to be dealt with in the law. I was quite surprised that only 11 submissions were received on the bill as has been alluded to before but I accept that some of those represented bodies were quite significant in being the council and other bodies.I think it is quite significant too that some of the recommendations that came out from the Local Government and Environment Committee were quite significant in taking note of the aftershocks and earthquakes that have occurred since—particularly the one that has been mentioned on Valentine’s Day of this year—and extending out this bill to take account of that right through to February 2022. If you look back in history after significant earthquakes in New Zealand—and we have had quite a number—the aftershocks and earthquakes do go on for a long period of time particularly after an earthquake of the magnitude and the ground accelerations that occurred in Christchurch. So that is quite a prudent matter for the select committee to touch on and I think that will be a very welcome addition to the law.A number of submitters thought that a dispute resolution mechanism should be put in the bill itself but there are however existing processes under the Property Law Act 2007 and also the Land Transfer Act. The select committee felt they provided quite adequate mechanisms for dispute resolution and of course the various parties can always get through a dispute like that on their own. The select committee came to the view that it would add complexity that was unnecessary and so therefore it decided not to follow those submitters’ recommendations.It also recommended amending clause 10 to specify that it provided specified criteria to be met and that there be no liability for surveyors and boundary determinations done in the interim period between 4 September 2010 the first earthquake and the commencement of this legislation which is on its assent. I think that is a very good move. It takes away any liability from those people and the decisions they have made in good faith but that will be with no liability for any negligence bad faith or misconduct or non-compliance with statutory obligations and professional standards.So I think this is a really good bill. It is necessary. It is a shame we have to do these things but given the uncertainty thrown up by the earthquakes this is very necessary. It is with great pleasure that I commend the bill to the House. Thank you.