Supreme Court Rules Against Government

13 March, 2015 - Wellington

The Supreme Court of New Zealand, the highest court of the land, has ruled that the government\'s \"residential red zone\" in post-quake Canterbury was unlawfully established, and, the subsequent buy out offer to some property owners was also unlawful.

The Supreme Court ruled in favour of the Quake Outcast by a majority of 3 to 2. In its judgment the Court rejects the government\'s arguments that they were merely exercising common law powers (or 3rd source of power) in creating the \"residential red zone\" and the buy out offers.

Supreme Court to Examine Legality of Residential \"Red Zone\"


Christchurch, New Zealand

Late this afternoon the Supreme Court granted Quake Outcasts\\\'
application for appeal. The hearing dates are set for 29 and 30 July.

The Supreme Court will examine these 2 questions:

(1) Was the establishment of the residential red zone (RRZ) lawful?

(2) Were the RRZ offers to property owners lawfully made?

Quake Outcasts\\\' position has been that the answers to both questions are

Acting for Quake Outcasts are Grant Cameron, Francis Cooke, QC, and Dr.
Matthew Palmer, QC.

Quake Outcasts on Court of Appeal Win (03-Dec-2013)




Today the Court of Appeal made its judgement on the case of David vs Goliath. The government was previously found by the High Court that the red-zoning and 50% land-only offer to Quake Outcasts members unlawful.

The Court of Appeal partially upheld that High Court decision, in saying that the 50% land-only offer was illegal, but falling short of saying the red-zoning policy was unlawful.

Quake Outcasts on High Court Win (27-8-13)


Quake Outcasts, Christchurch-

Quake Outcasts welcome the decision of the High Court declaring the red-zoning and the subsequent buyout offer unlawful.

The Court determined that the government stepped outside the law when it decided to declare vast areas as the "red zone", and the buyout offer to residents was also made not in accordance with the law.

In many instances, the government's buyout offer to Quake Outcasts members fall between 13% and 30% of the rating valuation.

Fight Govt Land Grab- Please Give Generously

Please give generously. The new PledgeMe campaign has a more modest target amount to ensure its success. Every dollar counts!

Why Every Freedom-Loving New Zealander Should Be Worried About Zoning

why you should be worried about zoning

Private property ownership is the foundation upon which our legal system, our society and our economy rests. New Zealand is a country full of hard-working people as well as innovative entrepreneurs who are the engines of our economy. We rely on the seemingly solid legal framework that protects the earnings from our work everyday. What’s rightfully yours or mine should not be taken or severely restricted by the government without any legal redress.

But that’s what is happening right now.

What Real Government Assistance Looks Like- Example 1- Brisbane, Australia

Unnatural Disasters, Natural Solutions

Take a look at the history of decades-long flood mitigation programmes in the US. Why can't we do the same?

This report was done by American Rivers, a not-for-profit organisation.

Court Action Pending to Correct Abonimation to Justice

Cera Realty- We Buy Houses at steep discounts!

Christchurch, New Zealand-

The government is doing a disservice to quake affected homeowners, first by red zoning and preventing them from carrying out repairs, then by offering to take their properties in exchange for peanuts. Threats of cutting off power and water to residents who wish to remain in their homes have been made by officials.

Insurance is used as a red herring to cloud the issue of compensation.

Govt Knew 'Very Fair' Buyout Offer was Thousands Below Market Value for Kaiapoi Homes

The often touted "very fair" residential red zone buyout offer was known by government officials to be on average, lower than the market value, as revealed by a recent Official Information Act request disclosure.

In the Cabinet paper, Decisions on Canterbury Earthquake Kaiapoi Orange Zones, the third bullet point in paragraph states that “The offer at 2008 rating valuation would be approximately $5,600 below the market value for the average property in Waimakariri as at 3 September 2010.”

Japanese Highway Rebuilt in 6 Days After Quake

A severely damaged highway in Japan was rebuilt, complete with road signs and markings, in just six days after the deadly March 11, 2011 earthquake and tsunami.

Pictures taken just after the quake and six days later showed the incredible speed at which the section of Great Kanto Highway was rebuilt.

See the Daily Mail for pictures:

Volcanic Eruption Buyout Offer- A Plausible Scenario Every Farmer Should Consider

Due to severe volcanic eruptions in the central North Island, the government announced areas designated "V Zones" are to be evacuated. All farm land and houses are to be cleared. There is no future plan as to if and when people will be allowed back into the V Zones. The government will offer to buy these V Zone properties at the price of last ratings valuation. Farmers who have crop insurance will surrender their insurance entitlements to the Crown.

Compulsory Acquisition- Legal Analysis by Minter Ellison

CERA Realty- Forced Sale Division

The law firm Minter Ellison Rudd Watts published a legal update on Compulsory Acquisition under the CER Act 2011 in June 2011. Here is their full article:

Christchurch - The complexities of compulsory acquisition

Australia's Truly Voluntary Buyback Scheme Based on Market Value- A Global Norm

Benjeroop, a small farming community in Victoria, Australia was inundated with floodwater in early 2011. The Victorian state government decided to make a voluntary buyback offer to the worst affected property owners.

"Under the lower Loddon irrigators recovery package, farmers can receive compensation for switching to dry land farming, get bought out at pre-flood market value or receive assistance to build levies to protect their homes." Reports ABC News.

Join the Movement for the Real Recovery

Support the petition to the House of Representatives

The Real Recovery is calling everyone to sign the petition to Parliament. Anyone who values his or her right to enjoy the fruit of their hard work- their homes, should sign the petition.

Download a petition signature sheet


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