5 gerryorders and 4 normal orders

The PCO has usefully listed together all the regulations made around the Canterbury Earthquake.

As I have said before, vigilance is important when it comes to the use of these extraordinary powers. It is my intention to regularly publish updates, so people are aware of what has been regulated.

Gerryorder 1 -Canterbury Earthquake (Resource Management Act) Order 2010

  • Last until 31 March 2012
  • Only applies to CRC, CCC, SDC and WDC
  • provides for the extension of certain time periods prescribed by or under the RMA
  • relaxes certain administrative and other duties; and it modifies certain statutory requirements
  • provides immunity from prosecution for the local authorities for omissions that permit a contravention of the Act where that omission is reasonably necessary

Gerryorder 2- Canterbury Earthquake (Transport Legislation) Order 2010

  • expires 30 November 2010
  • Only applies to CCC, SDC and WDC
  • exempts operators of heavy motor vehicles from certain provisions regarding heavy motor vehicles where those heavy motor vehicles are operated as part of a relevant authority’s response to the Canterbury earthquake

Gerryorder 3 – Canterbury Earthquake (Local Government Act 2002) Order 2010 Explanatory note

  • expires 30 June 2011
  • Only applies to CRC, CCC, SDC and WDC
  • exempts them from requirements such as full cost benefit analysis before any decision is made, Maori consultation, community consultation
  • also exempts them  from requirement must be consistent with long-term plan
  • exemptions only apply if necessary or desirable for earthquake recovery etc

Gerryorder 4 – Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010

Covered previously.

Gerryorder 5 – Canterbury Earthquake (Building Act) Order 2010

  • expires 16 September 2011
  • only applies to CCC, SDC and WDC
  • enable councils in the Canterbury region to take appropriate action in respect of dangerous buildings and related issues arising from the Canterbury earthquake

Social Security (Income and Cash Assets Exemptions—Canterbury Earthquake) Regulations 2010

  • provide for payments made in relation to the effects of the Canterbury earthquake of 4 September 2010 on or after 13 September 2010 out of the fund created by donations made to the Canterbury Earthquake Appeal of New Zealand Red Cross Incorporated to be treated as being neither income nor cash assets for benefit purposes

Social Security (Long-term Residential Care) Amendment Regulations (No 3) 2010

  • provide for payments made in relation to the effects of the Canterbury earthquake of 4 September 2010 on or after 13 September 2010 out of the fund created by donations made to the Canterbury Earthquake Appeal of New Zealand Red Cross Incorporated to be treated as being neither income nor cash assets for residential care means testing purposes

Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2010

  • provide for payments made in relation to the effects of the Canterbury earthquake of 4 September 2010 on or after 13 September 2010 out of the fund created by donations made to the Canterbury Earthquake Appeal of New Zealand Red Cross Incorporated to be treated as being neither income nor cash assets for temporary additional support eligibility purposes

Tax Administration (Emergency Event-Canterbury Earthquake) Order 2010

  • covers taxpayers who were unable to pay their tax on time due to the earthquake
  • allows the IRD Commissioner to waive penalty interest rates on late payments

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