Emergency Powers to Facilitate the Post-Quake Cleanup

The Canterbury Earthquake Response and Recovery Act (the Act), passed by Parliament this week, provides special powers to facilitate the post-quake reconstruction.

This Brief Counsel examines the Act and provides some comments.

The Act

The Act delivers three key mechanisms:

• the establishment of an Canterbury Earthquake Recovery Commission
• the ability to pass Orders in Council amending or granting exemptions from normal statutory requirements (22 Acts are specified but the Act is not limited to them), and
• protections from liability for certain acts or omissions.

The Recovery Commission

The Recovery Commission has the role of providing advice to the relevant Ministers on Orders in Council and how resources may be prioritised and funding allocated. It is also to provide a key contact point between central and local government.