23 - executive power - third source

Question 1

what is the third power

Answer 1

acting without statute or perogative powers

Question 2

what is the case that relates to third source power

Answer 2

Quake Outcasts v Minister for Canterbury Earthquake Recovery

Question 3

Quake Outcasts v Minister for Canterbury Earthquake Recovery

Answer 3

• 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

Question 4

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

Answer 4

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