New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Recovery plan

Legal area

Court

13 Dec 2016

QUAKE OUTCASTS v THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZSC 166

Citation

[2016] NZSC 166
Court

Supreme Court

The application for leave to appeal directly to the Supreme Court was dismissed because the applicants did not demonstrate exceptional circumstances to justify a leapfrog appeal; the Minister's reconsideration involved a new recovery plan process and enhanced offers, and reliance on an earlier higher court decision alone is insufficient to bypass the ordinary appellate process.
22 Aug 2016

QUAKE OUTCASTS v MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZHC 1959

Citation

[2016] NZHC 1959
Court

High Court

Nation J held the Minister's July 2015 decision approving the Recovery Plan and offers (100% of 2007 land value for uninsured properties and no payment for uninsured improvements) was lawfully within the Minister's statutory powers, taken with regard to the Supreme Court's judgment, and was a decision a reasonable Minister could reach in accordance with the Act (ss 3 and 10). The Supreme Court majority did not rule that insurance status could never be a relevant factor, so treating insurance status as one relevant consideration was permissible provided other relevant factors were considered.