Quake Outcasts Win Again In Court of Appeal
Quake Outcasts v The Minister for Canterbury Earthquake Recovery & Chief Executive of the Canterbury Earthquake Recovery Authority [2017] NZCA 332
In its interim Judgment delivered this morning the Court of Appeal allowed the Quake Outcasts appeal.
Grant Cameron, Solicitor for the Quake Outcasts said “this is the second action seeking judicial review of the Crown’s
decisions on offers to purchase properties from uninsured property owners in red zones. The Court of Appeal has allowed
the group’s appeal and found that the Minister’s decision to approve a Recovery Plan, under which nothing was offered
for uninsured improvements, was unlawful”.
“The group is very pleased that the Court has again made it clear that ‘insurance’ was no basis to discriminate against
the uninsured land owners in red zones. Nevertheless, with nearly 7 years having elapsed from the earthquakes, it
remains distressing that they can’t yet get on with their lives”.
“The Court rejected the Crown’s arguments in support of the Minister’s decision, finding them to be unfair, unreasonable
and unlawful. The Court has also sought further submissions on the appropriate remedy and so failing resolution of the
matter in the meantime, we expect to be back in court in the near future”.
“With the Supreme Court having made the Minister’s decision-making obligations abundantly clear in its Judgment of March
2015, and with the Court of Appeal reaffirming those issues, there seems no proper basis for withholding a just outcome
any longer”.
ends