(4) Nothing in this Act contravenes the statutory powers and functions of the relevant councils, and in the event of conflict, those functions and powers override the provisions of this Act.

Clause 24

To insert the following subclause after subclause 5 (after line 3 on page 18):

(5A) Despite subsecction (5), any change or variation has effect for 12 months only, at which point it may be subject to renewal.

Clause 27

To omit subclause (7) and substitute the following subclause (lines 5 and 6 on page 21):

(7) Compensation must be provided for RMA revocation or suspension.

Clause 30

To add the following subclause after subclause (3) (after line 7 on page 22):

(3) In exercising the powers conferred by this section the chief executive must protect the interests of all persons protected under the Privacy Act 1993.

Explanatory note

This Supplementary Order Paper amends the Canterbury Earthquake Recovery Bill. It is important that the people of Christchurch have their say in how their city is rebuilt. It is important that the elected local councils have a strong role in the recovery effort and the amendment to clause 10 will ensure this. The amendment to clause 24 provides a time limitation on the suspension or revocation of provisions on the RMA to till 12 months, at which point they must be reviewed to see if there are still necessary. Powers should not remain in force for 5 years unless they are still required. The amendment to clause 27 provides that if people's existing rights under the RMA are unilaterally removed there should be compensation provided. The amendment to clause 30 provides for some protection of people’s privacy rights under this Act. It is important that where possible people’s fundamental rights are protected under this bill.

Canterbury Earthquake Recovery Bill - Amendment paper No 236