Canterbury Earthquake Response and Recovery Act 2010
Encyclopedia
The Canterbury Earthquake Response and Recovery Act 2010 was a New Zealand
statute designed to assist reconstruction after the 2010 Canterbury earthquake
. It expires in April 2012.
The Act permitted Government ministers to suspend or make exemptions to almost any New Zealand law by Orders in Council, transferring vast lawmaking power from the legislature
to the government executive
. It passed with unanimous support from all political parties in Parliament, although two of the smaller parties expressed concern over the wide powers it gave ministers. The Act attracted criticism from New Zealand and international academics specialising in constitutional law who claim that it lacks constitutional safeguards and has set a dangerous precedent for future natural disasters. The group of 27 legal academics expressed their concerns in an open letter released on 28 September 2010.
The New Zealand Law Society also expressed concern and suggested Parliament amend the law to ensure the vast powers it confers are not abused. Spokesman Mr Temm said the powers delegated to Ministers “are potentially at odds with maintenance of the principles of the rule of law”.
The Act was repealed on 19 April 2011, when it was replaced with the Canterbury Earthquake Recovery Act 2011.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
statute designed to assist reconstruction after the 2010 Canterbury earthquake
2010 Canterbury earthquake
The 2010 Canterbury earthquake was a 7.1 magnitude earthquake, which struck the South Island of New Zealand at 4:35 am on local time ....
. It expires in April 2012.
The Act permitted Government ministers to suspend or make exemptions to almost any New Zealand law by Orders in Council, transferring vast lawmaking power from the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
to the government executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
. It passed with unanimous support from all political parties in Parliament, although two of the smaller parties expressed concern over the wide powers it gave ministers. The Act attracted criticism from New Zealand and international academics specialising in constitutional law who claim that it lacks constitutional safeguards and has set a dangerous precedent for future natural disasters. The group of 27 legal academics expressed their concerns in an open letter released on 28 September 2010.
The New Zealand Law Society also expressed concern and suggested Parliament amend the law to ensure the vast powers it confers are not abused. Spokesman Mr Temm said the powers delegated to Ministers “are potentially at odds with maintenance of the principles of the rule of law”.
The Act was repealed on 19 April 2011, when it was replaced with the Canterbury Earthquake Recovery Act 2011.