Earthquake recovery legislation: Learning from experience

Authors

  • Sarah Kerkin

DOI:

https://doi.org/10.26686/pq.v14i1.4757

Keywords:

earthquake legislation, constitutional change, Kaikoura earthquake, Christchurch earthquake, delegated legislation, executive power, constitutional frameworks

Abstract

The Canterbury earthquake sequence sparked a series of constitutional seismic shifts whose after-effects look set to continue long after Christchurch’s regeneration is complete. At the heart of the Canterbury earthquake legislation was a Henry VIII clause that gave the executive the power to modify almost all primary legislation for a broad range of purposes related to recovery. The Henry VIII clause was supported by privative clauses shielding government decisions from judicial review.

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Published

2018-03-15