14 APRIL 2011 NEW ZEALAND GAZETTE, No. 51

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(vi) how the matters specified in subparagraphs (i) to (v) compare with any similar matters in other countries; and

Other incidental matters arising

(e) any other matters arising out of, or relating to, the foregoing that come to the Commission’s notice in the course of its inquiries and that it considers it should investigate:

Matters upon or for which recommendations required

And, without limiting the order of reference set out above, We declare and direct that this Our Commission also requires you to make both interim and final recommendations upon or for—

(a) any measures necessary or desirable to prevent or minimise the failure of buildings in New Zealand due to earthquakes likely to occur during the lifetime of those buildings; and

(b) the cost of those measures; and

(c) the adequacy of legal and best-practice requirements for building design, construction, and maintenance insofar as those requirements apply to managing risks of building failure caused by earthquakes:

Exclusions from inquiry and scope of recommendations

But, We declare that you are not, under this Our Commission, to inquire into, determine, or report in an interim or final way upon the following matters (but paragraph (b) does not limit the generality of your order of reference, or of your required recommendations):

(a) whether any questions of liability arise; and

(b) matters for which the Minister for Canterbury Earthquake Recovery, the Canterbury Earthquake Recovery Authority, or both are responsible, such as design, planning, or options for rebuilding in the Christchurch City CBD; and

(c) the role and response of any person acting under the Civil Defence Emergency Management Act 2002, or providing any emergency or recovery services or other response, after the 22 February 2011 aftershock:

Definitions

And, We declare that, in this Our Commission, unless the context otherwise requires,—

best-practice requirements includes any New Zealand, overseas country’s, or international standards that are not legal requirements

Canterbury earthquakes means any earthquakes or aftershocks in the Canterbury region—

(a) on or after 4 September 2010; and

(b) before or on 22 February 2011

Christchurch City CBD means the area bounded by the following:

(a) the 4 avenues (Bealey Avenue, Fitzgerald Avenue, Moorhouse Avenue, and Deans Avenue); and

(b) Harper Avenue

failure, in relation to a building, includes the following, regardless of their nature or level of severity:

(a) the collapse of the building; and

(b) damage to the building; and

(c) other failure of the building

legal requirements includes requirements of an enactment (for example, the building code):

Appointment of chairperson

And We appoint you, The Honourable MARK LESLIE SMITH COOPER, to be the chairperson of the Commission:

Power to adjourn

And for better enabling you to carry this Our Commission into effect, you are authorised and empowered, subject to the provisions of this Our Commission, to make and conduct any inquiry or investigation under this Our Commission in the manner and at any time and place that you think expedient, with power to adjourn from time to time and from place to place as you think fit, and so that this Our Commission will continue in force and that inquiry may at any time and place be resumed although not regularly adjourned from time to time or from place to place:

Information and views, relevant expertise, and research

And you are directed, in carrying this Our Commission into effect, to consider whether to do, and to do if you think fit, the following:

(a) adopt procedures that facilitate the provision of information or views related to any of the matters referred to in the order of reference above; and

(b) use relevant expertise, including consultancy services and secretarial services; and

(c) conduct, where appropriate, your own research; and

(d) determine the sequence of your inquiry, having regard to the availability of the outcome of the investigation by the Department of Building and Housing and other essential information, and the need to produce an interim report:

General provisions

And, without limiting any of your other powers to hear proceedings in private or to exclude any person from any of your proceedings, you are empowered to exclude any person from any hearing, including a hearing at which evidence is being taken, if you think it proper to do so:

And you are strictly charged and directed that you may not at any time publish or otherwise disclose, except to His Excellency the Governor-General of New Zealand in pursuance of this Our Commission or by His Excellency’s direction, the contents or purport of any interim or final report so made or to be made by you:

And it is declared that the powers conferred by this Our Commission are exercisable despite the absence at any time of any 1 member appointed by this Our Commission, so long as the Chairperson, or a member deputed by the Chairperson to act in the place of the Chairperson, and at least 1 other member, are present and concur in the exercise of the powers: