Canterbury Earthquake (Local Government Act 2002- Retaining Walls) Order 2013

The Order extends the powers of the Christchurch City Council to access private land for the purposes of constructing and rebuilding Council owned retaining walls on or under private land. This will expedite the rebuild of damaged retaining walls in Christchurch. The first effect of this Order in Council is to extend section 181 of the Local Government Act 2002so that it allows the Christchurch City Council (the council) to construct works on or under private land or under a building on private land that it considers necessary for the support and stability of public land or public infrastructure by means of retaining walls. Section 181 of the Act also allows a local authority to enter the land to inspect, alter, renew, repair, or clean any work constructed under the section or a corresponding provision of a former Act. This power is subject to giving reasonable notice of the intention to enter the land to the owner and occupier (if any). The second effect of this Order in Council is to extend this power to allow the council to enter private land to inspect, alter, renew, repair, or clean any retaining walls owned or constructed by the council (regardless of whether or not those walls were constructed under section 181 or before or after the commencement of this Order in Council).The Order will have the effect of decreasing rates where buildings are demolished and increasing rates where rebuilding or subdivision occurs over the balance of the financial year. The Council’s view is that the statutory powers requested will generate income that would not otherwise be available for the rebuild. The Review Panel made a recommendation to the Minister for Canterbury Earthquake Recovery and the Minister of Local Government on the draft Order on 1 February 2013. The Department of Internal Affairs letter dated 30 January 2013 contains information about the draft Order that the Review Panel considered in making its report and recommendation. Date in force/expires 4 April 2013/18 April 2016.

This document is available in the following formats

PDF icon
File (review-panel-report-local-government-act-2002-order-2013-retaining-walls-01-02-13.pdf)
Canterbury Earthquake Recovery Review Panel Report and Recommendations
109 KB
PDF icon
File (letter-to-review-panel-and-order-retaining-walls-dia-30-01-13.pdf)
Letter to Review Panel from the Department of Internal Affairs
328 KB
Last updated:Thursday, April 14, 2016 - 16:03
First published:Wednesday, April 13, 2016 - 12:21
13 Apr 2016 12:21:49
Document page created
13 Apr 2016 12:21:49
PDF: review-panel-report-local-government-act-2002-order-2013-retaining-walls-01-02-13.pdf uploaded
13 Apr 2016 12:21:49
PDF: letter-to-review-panel-and-order-retaining-walls-dia-30-01-13.pdf uploaded
13 Apr 2016 12:21:49