Attorney-General responds to NZLS earthquake legislation concerns
The Attorney-General, the Hon Christopher Finlayson, has acknowledged a letter from the New Zealand Law Society outlining the Society’s concerns about the effect of earthquake recovery legislation on the rule of law.
Law Society President Jonathan Temm wrote to Mr Finlayson on 30 September, about the powers conferred by the Canterbury Earthquake Response and Recovery Act 2010 and their impact on the rule of law. Mr Finlayson has now responded in a letter to Mr Temm.
Mr Finlayson says experience from the Canterbury earthquake response will be used in future decision-making processes for natural disasters.
He says the Government has signalled that there may be a case for a more generic statute to be put in place to cater for future emergencies arising from natural disasters.
“Experience gained responding to the Canterbury earthquake will inform any decision-making processes in this area. I think that all parties agree that it is undesirable to develop urgent legislation in an uncertain situation,” the reply says.
Mr Finlayson states that as Attorney-General, with responsibilities for the rule of law, he is mindful of the concerns raised by the Law Society.
“I consider that Orders made under the Act are subject to a number of limitations and protections. The Orders in Council are limited to the purpose set out in the Act and can be reviewed if they are not necessary or expedient for that purpose. It is only the Minister’s recommendation which is protected by the legislation. Orders in Council are also subject to the Parliamentary disallowance procedure,” he says.
“The Act is also subject to a sunset clause setting an expiry date of 1 April 2012. The Act may also expire earlier by an Order in Council made under s17(a) of the Act. The Orders in Council made under the Act also include expiry dates, earlier than that provided for the Act.”
Mr Finlayson says it is not yet clear what further Orders in Council will be necessary or whether it will be possible to set an earlier expiry date. The full extent of the necessary recovery work is still emerging.
In Society President Jonathan Temm’s letter to Mr Finlayson, he pointed to the special obligation on the Society and its members to uphold the rule of law in New Zealand. Mr Finlayson says he appreciates that the New Zealand Law Society continues to take seriously its obligations for the rule of law.