Media law developments have continued across many areas in the period to mid-2013. In defamation, the New Zealand courts have begun to consider the issue of third party liability for publication on the internet, with cases involving Google searches and comments on a Facebook page. A parliamentary inquiry into a case that restricted parliamentary privilege has recommended a Parliamentary Privilege Act containing a definition of ‘proceedings in Parliament’. A satirical website increased its popularity when it fought off threatened defamation proceedings. In breach of confidence, a government body, the Earthquake Commission, obtained an interim injunction prohibiting publication of information accidentally released that dealt with the repair of earthquake-damaged properties in Christchurch, and a blogger made the information available online in breach of the order.
In response to the February 2011 earthquake, Parliament enacted the Canterbury Earthquake Recovery Act. This emergency legislation provided the executive with extreme powers that extended well beyond the initial emergency response and into the recovery phase. Although New Zealand has the Civil Defence Emergency Management Act 2002, it was unable to cope with the scale and intensity of the Canterbury earthquake sequence. Considering the well-known geological risk facing the Wellington region, this paper will consider whether a standalone “Disaster Recovery Act” should be established to separate an emergency and its response from the recovery phase. Currently, Government policy is to respond reactively to a disaster rather than proactively. In a major event, this typically involves the executive being given the ability to make rules, regulations and policy without the delay or oversight of normal legislative process. In the first part of this paper, I will canvas what a “Disaster Recovery Act” could prescribe and why there is a need to separate recovery from emergency. Secondly, I will consider the shortfalls in the current civil defence recovery framework which necessitates this kind of heavy governmental response after a disaster. In the final section, I will examine how
