Hon JUDITH COLLINS to the Prime Minister: Does she stand by all her Government’s statements and actions? HELEN WHITE to the Minister of Finance: What recent reports has he seen on the New Zealand economy? Hon PAUL GOLDSMITH to the Minister of Education: Does he stand by all his statements and policies on education? GINNY ANDERSEN to the Minister of Housing: What recent announcements has she made about the Government’s transitional housing programme? NICOLA WILLIS to the Minister of Housing: Has the Government kept the commitment made in the 2017 Speech from the Throne to develop a ‘Rent to Own’ scheme; if so, how many families has the scheme helped into houses since then? ANAHILA KANONGATA'A-SUISUIKI to the Minister for Social Development and Employment: What support has the Ministry of Social Development provided to people and families affected by recent COVID-19 restrictions? NICOLE McKEE to the Minister of Police: Will Government actions reduce gang crime and gang numbers this year? IBRAHIM OMER to the Lead Coordination Minister for the Government's Response to the Royal Commission's Report into the Terrorist Attack on the Christchurch Mosques: What recent engagement has there been with the Muslim and other ethnic communities on the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain? SIMEON BROWN to the Minister of Police: Does she stand by her commitment to achieve the Striving Towards 1800 New Police initiative; if so, when will she achieve this initiative? TEANAU TUIONO to the Minister for Economic and Regional Development: What advice, if any, has he received about the upcoming launch in New Zealand of a satellite that includes the “Gunsmoke-J” payload from the United States Army’s Space and Missile Defense Command? MARJA LUBECK to the Minister for Workplace Relations and Safety: What recent announcements has he made about improving the Holidays Act 2003? TIM VAN DE MOLEN to the Minister for Building and Construction: How many applications has the Residential Earthquake-Prone Building Financial Assistance Scheme had since its inception in September last year, and how much has been appropriated for the scheme?
Prior to the devastating 2010 and 2011 earthquakes, parts of the CBD of Christchurch, New Zealand were undergoing revitalisation incorporating aspects of adaptive reuse and gentrification. Such areas were often characterised by a variety of bars, restaurants, and retail outlets of an “alternative” or “bohemian” style. These early 20th century buildings also exhibited relatively low rents and a somewhat chaotic and loosely planned property development approach by small scale developers. Almost all of these buildings were demolished following the earthquakes and a cordon placed around the CBD for several years. A paper presented at the ERES conference in 2013 presented preliminary results, from observation of post-earthquake public meetings and interviews with displaced CBD retailers. This paper highlighted a strongly held fear that the rebuild of the central city, then about to begin, would result in a very different style and cost structure from that which previously existed. As a result, permanent exclusion from the CBD of the types of businesses that previously characterised the successfully revitalised areas would occur. Five years further on, new CBD retail and office buildings have been constructed, but large areas of land between them remain vacant and the new buildings completed are often having difficulty attracting tenants. This paper reports on the further development of this long-term Christchurch case study and examines if the earlier predictions of the displaced retailers are coming true, in that a new CBD that largely mimics a suburban mall in style and tenancy mix, inherently loses some of its competitive advantage?
The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.