23 - executive power - third source Flashcards

1
Q

what is the third power

A

acting without statute or perogative powers

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2
Q

what is the case that relates to third source power

A

Quake Outcasts v Minister for Canterbury Earthquake Recovery

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3
Q

Quake Outcasts v Minister for Canterbury Earthquake Recovery

A
  • canterbury EQ act created after EQ
  • Purpose was to rebuild chch
  • govt made a red zone
  • was to buy houses with insurance for 100% value
  • was to buy houses w/o insurance for only 50%
  • court ruled that under the EQ act, govt should not differentiate in its compensation as this was not the intention of the Act
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4
Q

what was the question that arose after the govt proposed to give 50% and 100% amounts to the different insurance statuses

A

why would parliament make these safe guards if they could just step around them and do what the safeguards intend to restrict

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