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Disaster Law: Canterbury earthquakes 2010–2011

Canterbury earthquakes 2010–2011

A number of earthquakes occurred in Christchurch and Canterbury between 2010 and 2011. These included:

  • the 2010 Canterbury earthquake, a magnitude 7.1 earthquake on 4 September 2010, which caused widespread damage within Canterbury
  • the 2011 Christchurch earthquake, a magnitude  6.3 earthquake on 22 February 2011, which caused significant damage to the city of Christchurch and the deaths of 185 individuals
  • a series of large aftershocks on 6 June 2011  
  • a series of large aftershocks on 23 December 2011

 

This page collates legislation and judgments on the immediate and ongoing impact of these earthquakes as well as the work of the Canterbury Earthquakes Royal Commission.

 

Legislation in response to the Canterbury earthquakes

In response to the Canterbury earthquakes the New Zealand Government enacted a number of statutes and secondary legislation.

You will be able to locate these through the following three databases: 

 

This list includes legislation that has been repealed or has expired. You will need to view each individual statute or legislative instrument to confirm their current status.

This list has been complied using the annual tables of legislative instruments and Acts available from the Parliamentary Counsel Office.

Statutes

  • Building (Earthquake-prone Buildings) Amendment Act 2016.
  • Canterbury Earthquake Commemoration Day Act 2011.
  • Canterbury Earthquake Recovery Act 2011.
  • Canterbury Earthquake Response and Recovery Act 2010.
  • Canterbury Earthquakes Insurance Tribunal Act 2019.
  • Canterbury Property Boundaries and Related Matters Act 2016.
  • Earthquake Commission Amendment Act 2019.
  • Greater Christchurch Regeneration Act 2016.
  • Taxation (Canterbury Earthquake Measures) Act 2011. 

 

Secondary Legislation

  • Building (Earthquake-prone Buildings) Amendment Act 2016 Commencement Order 2017.
  • Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2017.
  • Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2019
  • Canterbury Earthquake (Accident Compensation Act 2001) Order 2011.
  • Canterbury Earthquake (Building Act) Amendment Order 2010.
  • Canterbury Earthquake (Building Act) Order 2010.
  • Canterbury Earthquake (Building Act) Order 2011.
  • Canterbury Earthquake (Building Act) Order 2013.
  • Canterbury Earthquake (Cadastral Survey Act) Order 2010.
  • Canterbury Earthquake (Canterbury DHB Land Exchange) Order 2014.
  • Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014.
  • Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order 2015.
  • Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 2) 2015.
  • Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 3) 2015.
  • Canterbury Earthquake (Christchurch Replacement District Plan) Order Revocation Order 2019.
  • Canterbury Earthquake (Civil Defence Emergency Management Act) Order 2010.
  • Canterbury Earthquake (Civil Defence Emergency Management Act) Order (No 2) 2010.
  • Canterbury Earthquake (Earthquake Commission Act) Order 2012.
  • Canterbury Earthquake (Education Act) Order 2011.
  • Canterbury Earthquake (Education Legislation) Order 2012.
  • Canterbury Earthquake (Education Legislation) Order 2013.
  • Canterbury Earthquake (Education Legislation) Order 2014.
  • Canterbury Earthquake (Earthquake Commission Act) Order 2012.
  • Canterbury Earthquake (Energy Companies Act) Order 2011.
  • Canterbury Earthquake (Financial Advisers Legislation) Order 2011.
  • Canterbury Earthquake (Historic Places Act) Amendment Order 2011.
  • Canterbury Earthquake (Historic Places Act) Order 2010.
  • Canterbury Earthquake (Historic Places Act) Order 2011. 
  • Canterbury Earthquake (Inland Revenue Acts) Order 2011.
  • Canterbury Earthquake (Inland Revenue Acts) Amendment Order 2012.
  • Canterbury Earthquake (Land Transport Rule: Operator Licensing) Order 2011.
  • Canterbury Earthquake (Local Government Act 2002) Order 2010.
  • Canterbury Earthquake (Local Government Act 2002) Order 2011.
  • Canterbury Earthquake (Local Government Act 2002) Order (No 2) 2011.
  • Canterbury Earthquake (Local Government Act 2002) Order (No 2) 2011 Amendment Order 2013.
  • Canterbury Earthquake (Local Government Act 2002 - Christchurch City 3-Year Plan) Order 2013.
  • Canterbury Earthquake (Local Government Act 2002 - Retaining Walls) Order 2013.
  • Canterbury Earthquake (Local Government Official Information and Meetings Act) Order 2010.
  • Canterbury Earthquake (Local Government Official Information and Meetings Act) Order 2011.
  • Canterbury Earthquake (Rating) Order 2012.
  • Canterbury Earthquake (Rating Valuations Act) Order 2010.
  • Canterbury Earthquake (Rating Valuations Act - Christchurch City Council) Order 2011.
  • Canterbury Earthquake (Rating Valuations Act - Christchurch City Council) Order 2013.
  • Canterbury Earthquake (Rating Valuations Act - Selwyn District Council) Order 2011.
  • Canterbury Earthquake (Rating Valuations Act - Waimakariri District  Council) Order 2011.
  • Canterbury Earthquake (Rating Valuations Act - Waimakariri District Council) Amendment Order 2012.
  • Canterbury Earthquake (Reserves Act - Electricity Network Recovery) Order 2011.
  • Canterbury Earthquake (Reserves Legislation) Order 2011.
  • Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011.
  • Canterbury Earthquake (Resource Management Act) Amendment Order 2010.
  • Canterbury Earthquake (Resource Management Act) Amendment Order 2011.
  • Canterbury Earthquake (Resource Management Act) Amendment Order (No 2) 2011.
  • Canterbury Earthquake (Resource Management Act - Burwood Resource Recovery Park) Order 2011.
  • Canterbury Earthquake (Resource Management Act - Electricity Network Recovery) Order 2011.
  • Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011.
  • Canterbury Earthquake (Resource Management Act Port of Lyttelton Recovery) Order 2011.
  • Canterbury Earthquake (Resource Management Act) Order 2010.
  • Canterbury Earthquake (Resource Management Act) Order 2011.
  • Canterbury Earthquake (Road User Charges Act) Order 2010.
  • Canterbury Earthquake (Social Security Act) Order 2010.
  • Canterbury Earthquake (Social Security Act) Order (No 2) 2010.
  • Canterbury Earthquake (Social Security Act) Order (No 2) 2010 Amendment Order 2012.
  • Canterbury Earthquake (Social Security Act) Order (No 2) 2010 Amendment Order 2014.
  • Canterbury Earthquake (Social Security Act) Order (No 3) 2010.
  • Canterbury Earthquake (Social Security Act) Order 2011.
  • Canterbury Earthquake (Tax Administration Act) Order 2011.
  • Canterbury Earthquake (Tax Administration Act) Order (No 2) 2011.
  • Canterbury Earthquake (Transport Legislation) Amendment Order 2011.
  • Canterbury Earthquake (Transport Legislation) Order 2010.
  • Canterbury Earthquake (Transport Legislation) Order 2011.
  • Canterbury Earthquake (Transport Legislation - Canterbury Regional Transport Planning) Order 2011. 
  • Earthquake Commission Amendment Regulations 2017.
  • Earthquake Commission Amendment Regulations 2019.
  • Inquiries (Public Inquiry into Earthquake Commission) Order 2018.
  • Inquiries (Public Inquiry into Earthquake Commission) Amendment Order 2019. 
  • Insurance (Prudential Supervision) Act (Southern Response Earthquake Services Limited and SR 1 Limited) Regulations 2012.
  • KiwiSaver (Significant Financial Difficulties - Canterbury Earthquake) Regulations 2011. 
  • Ombudsmen Act (Schedule 1 - Canterbury Earthquake Recovery Authority) Order 2011
  • Ombudsmen Act (Schedule 1 - Southern Response Earthquake Services Limited) Order 2012.
  • Public Finance (Southern Response Earthquake Services Limited) Order 2012.
  • Social Security (Income and Cash Assets Exemptions - Canterbury Earthquake) Regulations 2010.
  • Social Security (Income and Cash Assets Exemptions - Canterbury Earthquake) Regulations 2011.
  • Social Security (Temporary Additional Support - Canterbury Earthquake TAA Programme) Amendment Regulations 2011.
  • State Sector (Application of Certain Provisions to Transfer of Functions from Canterbury Earthquake Recovery Authority to Ministry of Business, Innovation, and Employment and Land Information New Zealand) Order 2015.
  • State Sector (Canterbury Earthquake Recovery Authority) Order 2011.
  • Tax Administration (Emergency Event—Canterbury Earthquake) Amendment Order 2011.
  • Tax Administration (Emergency Event—Canterbury Earthquake) Amendment Order (No 2) 2011
  • Tax Administration (Emergency Event—Canterbury Earthquake) Order 2010

 

Bills

Canterbury earthquake judgments

The Canterbury earthquakes led to a significant number of cases in relation to both the insurance cover of and repairs to commercial and residential property. 

In 2012 the High Court responded to the large number of cases with the creation of the Earthquake list and a commitment to deal with these as quickly as resourcing within the Court permitted. 

 

In 2019 the Canterbury Earthquakes Tribunal was established to provide speedy, flexible and cost-effective services to help resolve insurance claims between policyholders and insurers and between insured persons and the Earthquake Commission under the Earthquake Commission Act 1993.

 

Finding earthquake judgments

When finding a case, you will usually be given the citation. This is the formal method of referring to a reported case and will follow a citation convention. The citation includes the names of the parties before the court, the date and often a report series and page number.

To find a cited case, try the following four step process:

  1. Examine the citation to identify the abbreviation of the law report series
  2. Determine the full title of the law report series using the Cardiff index to legal abbreviations
  3. Search for the full title of the law report series using a “title begins with” search in the Library Catalogue
  4. Locate the law report online or on the shelf in the Central Library.

If you don’t have a citation, you can use the party names, court file number and/or information about your case in WestlawNZ, Lexis Advance or on NZLII.

Te Komihana Rūwhenua o Waitaha | Canterbury Earthquakes Royal Commission

The Canterbury Earthquakes Royal Commission investigated the building failures with the Christchurch CBD and made recommendations on the recovery of the central city. Further, it made recommendations on earthquake-prone buildings in Aotearoa.

 

The inquiry began in April 2011 and was completed in November 2012.

The final report of the Royal Commission consists was delivered in seven volumes organised in three parts:

  • Part One (Volumes 1, 2 and 3) – contains recommendations to inform early decision-making about the central city’s recovery from the Canterbury earthquakes
  • Part Two (Volume 4) – contains recommendations about earthquake-prone buildings
  • Part Three (Volumes 5, 6 and 7) – includes the results of the investigation into the collapse of the CTV building and other aspects of the Terms of Reference not addressed in other parts of the final report.

Help

If you cannot find what you need, please contact the Law Subject Librarians – Theresa Buller and John Arnold.

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