Recovery powers bill on fast track

Earthquake Recovery Minister Gerry Brownlee and Prime Minister John Key. Photo / Greg Bowker

A bill giving the Government unprecedented powers for the Canterbury recovery effort - including the ability to override local authorities, demolish buildings and acquire land compulsorily - is being fast-tracked through Parliament.

The Canterbury Earthquake Recovery Bill passed its first reading under urgency yesterday and will have a day of consultation in Christchurch today before passing into law tomorrow.

The Government says the bill is a balance between the powers needed to address an "incomparable natural disaster" in a timely way while providing for community consultation.

But the Greens - the only party that voted against it - said it gave the Beehive "unbridled power for five years" while sidelining local authorities.

Under the bill, Earthquake Recovery Minister Gerry Brownlee and the Canterbury Earthquake Recovery Authority boss, who is yet to be appointed, will be able to demolish buildings, create new structures, take land, and alter council plans in order to rebuild Christchurch.

They will be constrained by the purposes of the bill, which include the provision to consult with local communities as long as that does not impede "a focused, timely, and expedited recovery".

Among the consultation mechanisms were a 20-person community forum and a forum of Canterbury-based MPs.

Mr Brownlee said the power to acquire land compulsorily would be used "sparingly", and other powers were necessary.

He said the authority may, for example, demolish a building to give the owners of surrounding buildings access to their premises, rather than waiting for processes to drag on for months.

But the Green's earthquake recovery spokesman Kennedy Graham said the powers were excessive, and the consultation provisions inadequate.

"The people of Christchurch deserve a bill that gives them the power to rebuild Christchurch themselves, not one that gives all the power to one man," Mr Graham said.

"There is to be a community forum, but peopled by the minister ... The minister is obliged to have regard for the advice of the forum, but having given such regard, he may then disregard it ... The bill doesn't even require the minister to have regard [to the cross-party forum]."

The Recovery Strategy has to be developed with district councils, but the final say was with the minister, and while the Christchurch City Council will lead the Recovery Plan for the CBD, "the minister may make any changes to the plan, or may withdraw any part of it".

Labour supported the bill to select committee, but fired several shots at Mr Brownlee.

"I look to Gerry Brownlee, and a Government department called CERA, and it is hard to find the inspiration that I know we ought to be able to feel," said Christchurch East MP Lianne Dalziel.

"There is a real risk of adding another layer of disaster to the disaster that has already occurred."

Port Hills MP Ruth Dyson called Mr Brownlee "arrogant" for already saying he only expected minor changes before the bill is passed.

"It's very hard to see how anyone from Canterbury can go to the select committee with any confidence that they will make a blind bit of difference.

"I want to rescue Mr Brownlee, because his mistake will be one that we have to live with in Canterbury for decades."

Powers for CERA boss and Minister Gerry Brownlee

- to obtain information from any source and commission reports (if it can be done without unreasonable difficulty or expense)

- to enter onto land, perform work on land, make structures on or under land

- to enter and remove, including demolition powers for commercial and possibly residential demolition project (CBD and suburbs)

- to require land to be temporarily vacated

- to acquire land compulsorily

- to suspend, amend, cancel, delay and council plans and policies

Safeguards

- Powers must be exercised within the purposes of the bill, and only if "reasonably necessary"

- Powers exclude any ability to alter or collect local rates

- Compensation for people who have had land acquired or a building demolished

- Appeal rights to the High Court over compensation level; over any decision where under the Resource Management Act there would ordinarily be a right to object; over new property surveys by adjoining owners

- Mr Brownlee must give a quarterly report to Parliament including descriptions of powers used in that period

- Power of entry requires authorisation, and where practicable must be done at a reasonable time and with prior notice

- Notice to owners and occupiers is necessary before any building works

- Any power that does not follow the purposes and processes of the statute is subject to judicial review

Consultation

- Minister-appointed 20 person community forum.

- Cross-party forum of Christchurch MPs.

- The Recovery Strategy must be developed in consultation with four local authorities, Ngai Tahu, and any others the minister deems appropriate