United Nations Human Rights Breaches by New Zealand Govt

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.

Removal of our basic legal rights is happening in the aftermath of our nation’s greatest natural disaster: the Canterbury earthquakes.

The most powerful law passed since World War II, CERA Legislation (Canterbury Earthquake Recovery Act), provides one person Hon Gerry Brownlee with unprecedented powers. However well-intended the law might be, the reality of these powers gives rise to serious injustice, ie "Ultimate power corrupts"

One issue specifically impacts on the lives of individual homeowners.

Home ownership is one of the cornerstones which many New Zealanders have worked hard to achieve.

What we are witnessing right now may be later regarded by history as the pivotal moment for or against our most basic of rights, after life and liberty.

1. The very notion of zoning which areas are allowed to repair and rebuild is a violation of our civil liberties. The basic freedom of choosing where and how we live, for purposes that do not impact the public’s health or safety, is being thrown out of the window. The zoning has targeted low cost land owners, families and elderly that are the most vulnerable and with less means to fight the system.

2. The action of zoning an area not allowed to rebuild interferes with the private contractual rights of home insurance. Homeowners in these areas cannot exercise their full contractual rights because of the zoning imposed on their property by government. They have been denied the right to a judicial review (section 68 of the CERA legislation, there is no right of appeal against a decision of the Minister or the Chief Executive) surely the right of a appeal is a corner stone to the process of natural justice.

3. The supposedly voluntary buyout offer is structured in such a way that it is in effect, compulsory, conveniently bypassing existing laws that regulate taking of land by government. With threats from government that services will either not be repaired or be removed, whilst families are still living in the areas. We are talking about over 7200 families that are being effectively evicted from their homes.

There are times when government must take property in the conduct of providing services to citizens, but it must do so only when there is no other just alternative, and done to give everyone a fair deal. Compensation has been determined by one person, and one person alone and again we are unable to request a judicial review. The level of compensation has only taken into regard for market value, for most, regard has meant they have lost $100-300K in equity, whilst some families have resorted to sleep and live in theirs cars, garages and sheds.

The taking of property by government should also be open to public scrutiny and be subject to oversight. A natural disaster should not be used as an excuse to discard the democratic process. Public officials must be held accountable by citizens from whom they derive their power.

All New Zealanders must strongly support the right of every home owner to choose their own destiny. The danger of government having too much power is far too real for any New Zealander to ignore.

There were safeguards written into the legislation. ie "to enable community participation in the planning of the recovery of affected communities" yet this and other purposes of the recovery legislation have been all but ignored when it has come to the decision making process of the Minister and CERA, leaving effected residents feeling marginalized and disenfranchised.

We have approached the Prime Minister, the Ombudsman, Hon G Brownlee, CERA, New Zealand Human Rights, local ministers...however the CERA legislation has been written to negate our most basic of rights, that of Natural Justice and Human Rights...we have less rights than those of a person charged with a crime of murder.

WeCan has developed a template for any citizen to write to the the United Nations Human Rights and request they investigate...

This government, this legislation, The Earthquake Recovery Minister and the ethics behind his decisions must be questioned, we have exhausted all national avenues, now it is time to go International.

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