BrownIee: I wouldn't 'fight a war' with new powers

Photo / David Alexander

Earthquake Recovery Minister Gerry Brownlee has brushed off claims that he will have war-time powers over Canterbury with tomorrow's passing of the Canterbury Earthquake Recovery Bill.

"The idea - and it's incredibly flattering - that whoever is minister ... has war time powers, frankly I wouldn't want to fight a war with these kinds of powers," Mr Brownlee told the local government select committee this evening.

The bill will give the minister and the head of the Canterbury Earthquake Recovery Authority the necessary powers to deal with the rebuilding of Christchurch, including powers to demolish buildings, create new structures, take land, and alter council plans.

There are also a number of safeguards, including certain appeal rights to the High Court and the requirement that any powers must be used for earthquake recovery purposes.

Labour supported the bill to select committee, but tonight launched a series of scathing criticisms of the minister and the processes followed this week.

Waimakariri MP Clayton Cosgrove said submitters - including local authorities - generally had less than 24 hours to prepare a submission on the bill.

"The only conclusion I can draw is you're going to do this your way. That you're not going to take amendments seriously.

"What's the game? I would have thought you wanted detailed advice from key stakeholders."

Mr Brownlee replied: "I don't have a response to that. It's an opinion. I'm not here to argue about an opinion."

Mr Cosgrove said under the Order-in-Council provisions in the bill, the minister had absolute power - though this was contested by National MPs in the committee.

"You will have war-time powers ... that may not be challenged or called into question by any court," Mr Cosgrove said.

"Absolute power. Total power which is non-reviewable."

Mr Brownlee said any Order-in-Council had to be for the earthquake recovery.

"Those orders go to all parties in Parliament for consideration. They will also be referred to the independent review panel (led by a retired High Court judge) to test if they are acceptable for the purposes of recovery. Then the decision of the panel is made public.

"Any orders wide of the mark for earthquake recovery are challengeable."

Christchurch Central MP Brendon Burns suggested appointing local community board members to the 20-person community forum, which will advise CERA.

"There is a fear among some that the community forum might be hand-picked and not truly cross sectional or representative."

Mr Brownlee said he had not worked out the process of appointing the forum, but community boards will be heard through general consultation with local authorities.

"I don't think there's any way they will not be heard. They won't be voices in the wilderness."

Green MP Kennedy Graham suggested splitting the bill into two: one with urgent powers with a shorter timeframe, and one with lesser powers - including awarding compensation to people for loss of land or homes - aimed more at the medium-term.

But Mr Brownlee rejected that, saying there could be circumstances which would see the Government "having to move much more quickly than a longer legislative process might allow".

Selwyn MP Amy Adams said most of the submitters today were happy with the broad structure of the bill.

But they also recognised that it required "a bit of a leap of faith".