By a judgment 5 May 2014 in Quake Outcasts v The Minister for Canterbury Earthquake Recovery the Supreme Court has granted leave to the Quake Outcasts and Fowler Developments Ltd to appeal the decision(s) of the Court of Appeal. The questions on which leave was granted are:
(a) Was the establishment of the Residential Red Zones in
Christchurch lawful as being a legitimate exercise of any common
law powers or “residual freedom” the Crown may have, given the
terms of the Christchurch Earthquake Recovery Act 2011?
(b) Were the offers made by the Crown to Residential Red Zone
property owners under s 53 of the Christchurch Earthquake
Recovery Act 2011 lawfully made? In particular:
(i) Was there a material failure to comply with the Act?
(ii) Was there a rational basis for the distinction drawn
between those owners who were insured and those who
were uninsured?
The appeal is set down for hearing on 29 and 30 July 2014.
