23 - executive power - third source Flashcards
1
Q
what is the third power
A
acting without statute or perogative powers
2
Q
what is the case that relates to third source power
A
Quake Outcasts v Minister for Canterbury Earthquake Recovery
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
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