Pursuant to Section 112 of the Crown Entities Act 2004, as Permitted by Section 5(1)(f)(ii) of the Earthquake Commission Act 1993

1. This direction comes into effect immediately upon signing and applies from 4 April 2017.
2. Subject to paragraph 3, the Earthquake Commission (“Commission”) has the following additional function:

To reinstate land in the Edgecumbe community that has been damaged as a result of any storm or flood occurring in April 2017.

3. The Commission’s additional function under paragraph 2 is subject to the following:

The Commission must exercise the additional function for the purpose of assisting in the recovery of the Edgecumbe community from damage as a result of storms and floods occurring in April 2017.

4. For the avoidance of any doubt, when performing the Commission’s additional function under paragraph 2:
1. the Commission is not required to carry out the function on any land where the owner or occupier refuses the Commission’s reasonable request for access;
2. the Commission may determine how and to what extent it will reinstate the land in the Edgecumbe community that has been damaged as a result of the storms and floods occurring in April 2017, and may consult with the Whakatane District Council and any other person the Commission considers appropriate;
3. the Commission is not required to reinstate all or any part of the land, or to reinstate the land exactly or completely; and
4. the Commission may enter into such arrangements as it thinks fit for carrying out the additional function, including performing the function (in whole or in part) for the Whakatane District Council or another person for a fee.
5. For these purposes:
1. debris includes silt, wreckage, rubble, rubbish and remains;
2. Edgecumbe community means the area shown on Maps 128B and 129B of the Whakatane District Council Operative District Plan (13 April 2017) as at 27 April 2017, and the adjoining parcels of land located at 28 and 48 Edgecumbe Soldiers Road;
3. land includes public and private land including the land underneath any buildings or structures, but does not include the buildings and structures themselves; and
4. reinstate includes remove and dispose of debris situated on land, and fill and relevel land that is scoured.
6. This direction expires on 4 April 2018 unless revoked earlier.

Schedule

Map of the Edgecumbe Community
(see paragraph 5)

Dated this 1st day of May 2017.

Hon GERARD ANTHONY BROWNLEE, Minister Responsible for the Earthquake Commission.