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- A fair go for all?
- Canterbury earthquake recovery
Key Focus Areas
5 June 2014
The Human Rights Commission has raised concerns that a proposed law change, the Building (Earthquake-prone Buildings) Amendment Bill, that may breach New Zealand’s international and human rights obligations. Disability Rights Commissioner Paul Gibson appeared before the Local Government and Environment Select Committee Select Committee today.
Download the Commission’s full submission here: Building (Earthquake-prone Buildings) Amendment Bill Human Rights Commission Submission (PDF).
14 October 2013
Read the submissions by the Human Rights Commission to the Court of Appeal in the Quake Outcasts (Word) or read the PDF version of the Commission’s submission to the Court of Appeal in the Quake Outcasts (PDF).
2 September 2013
The New Zealand Law Society has released a list of earthquake related High Court decisions: http://my.lawsociety.org.nz/in-practice/the-changing-law/case-commentary/high-court-earthquake-list-decisions
30 August 2013
High Court decision in Quake Outcasts case
On Monday 26 August the High Court issued its judgement in the case of Quake Outcasts v The Minister for Canterbury Earthquake Recovery & Chief Executive of the Canterbury Earthquake Recovery Authority. The Human Rights Commission intervened in this case to make human rights arguments to the Court. A copy of the judgment, along with a copy of the Commission’s intervention can be accessed below. The case was taken by a group of uninsured land and property owners whose properties were affected by the Christchurch residential red zone decision. They argued that offers of a 50 per cent buyout were not made in accordance with the Canterbury Earthquake Recovery Act 2011, were oppressive and in breach of their human rights.
The Court upheld the case made by the applicants, finding that the creation of the red zone was an unlawful interference with the right to use and enjoy one’s home. This reflects the position taken by the Commission as intervener. The Court concluded that ‘buyout’ offers made to the applicants were not made according to law and are set aside. The Court directed the Minister for Canterbury Earthquake Recovery & Chief Executive of the Canterbury Earthquake Recovery Authority to reconsider these decisions.
The Commission views this decision of the High Court as important in relation to the right to property, and in relation to the way in which decisions such as the decision to red zone in Canterbury impact on human rights of people living in New Zealand.
The Commission has also recently commented on the right to property and that it is a human right in its Constitutional Review Submission. The relevant section of the Commission’s Constitutional Review submission is extracted here
Click here to read the High Court’s decision
Click here to read the Commission’s submission
10 June 2013
Port Hills property owners now have until 31 January 2014 to accept their Crown offer.
The Port Hills offer process is different to the flat land as property owners must complete final settlement within six weeks of accepting the Crown offer.
28 May 2013
Christchurch red zone residents who meet specific criteria can seek an extension of up to six months to the settlement date for their Crown offer.
CERA’s Chief Executive Roger Sutton, says strict criteria will apply and that the extension applies to properties on flat land only.
20 May 2013
Residential Insurance Advisory Service begins
The Residential Advisory Service started up last week. It offers a free call service which provides help with insurance claims for earthquake affected residential property owners. It is not available to those taking legal action against their insurer, in Earthquake Commission mediation or dealing with the Insurance Ombudsman. Click here to access their website or phone 0800 777 299.
EQC and Winter Wellness
Fletcher/EQC have plans to escalate urgent work, eg for those who have chronic health conditions, or the elderly. Click here for details
New Community question and issues forum
CERA have developed a new Community question and issues section on their website, which brings together different agency responses to common questions, click here to access
20 December 2012
The Ombudsman’s report on the Official Information Act issues relating to the Canterbury school closures has been released.
Ombudsman Dr David McGee has found the Ministry of Education acted wrongly in its handling of requests for official information about Christchurch school closures. He is now planning an investigation into whether the Ministry’s processes for disclosure of information are adequate to ensure effective and sufficient public consultation around school closures generally.
Key conclusions from the report are below:
“School closures and mergers are decisions that have a major impact not just on the affected staff, pupils and parents, but on the whole communities in which the schools are based. Therefore, effective consultation is of utmost importance. I think that it is necessary to define what and when information should be released proactively to ensure that a proper, informed and fair consultation is held. Schools and parents should not have to ferret out information by making official information requests. They should be presented with the relevant information in a comprehensive and comprehensible form so that they can participate effectively in the consultation process.
In order to establish whether Ministry processes are adequate to ensure effective and sufficient consultation for school closures, it is my intention to undertake a general investigation into the policy and practice of the Ministry regarding such consultations. I will make further comment about the ambit and timing of this investigation early in 2013.”