Written By: Eddie - Date published: 11:00 am, April 13th, 2011 - 52 comments

Categories: democracy under attack, Gerry Brownlee - Tags: CERA, christchurch rebuilding

Just before the second Christchurch earthquake, Gerry Brownlee was being criticised for the lack of progress in recovery. People suggested what was needed was an independent commissioner to lead the rebuilding – an ‘earthquake Tsar’. Brownlee responded “the last Tsar got shot“. Now, the new CERA law will make Brownlee our Tsar in a too literal sense.

You’ll remember that, after the first earthquake, the Canterbury Earthquake Response and Recovery Act (CERRA) was slammed through the House. It contained a ‘Henry the VIIIth clause’ that let Brownlee amend nearly any law of the land by decree without going through Parliament. There’s a myth that this power wasn’t abused; it was, in subtle ways.

Yesterday, National introduced the Canterbury Earthquake Recovery Bill (soon to be CERA). I/S at No Right Turn describes its powers:

The power given to Brownlee here is unprecendented and uncontrolled. He will be appointing the CEO or CERA who will report to him. On Marae Investigates last Sunday, a disaster expert, Dr Regan Potangaroa, who has worked around the world said he had never seen such powers put into the hands of a minister, or anyone. He said they are powers that officials have in dictatorships.

(Potangaroa also graded the actual recovery effort on the ground a ‘D’ – Brownlee is very busy giving himself extraordinary powers but what extraordinary powers does it take to get people portaloos and temporary houses? I think that’s the worst part of this – extraordinary powers and appallingly subpar delivery of practical help)

In the information age, the new powers to demand any information from anyone are scary. For instance, Gerry Brownlee could have his man write to Lynn and say ‘I want the IP addresses and emails of everyone who has ever commented on The Standard on a post related to the earthquake’ and that would be legal. I’m sure Lynn would rather destroy the data and go to jail but it’s a taste of what Brownlee can do. He can compel anyone to tell him anything. Journalists and whistleblowers have a lot to fear. So do any citizens who want to cause a fuss because they live in a poor suburb which hasn’t got portaloos or is going to be demolished without justification.

That Brownlee might choose not to abuse these powers is no excuse for giving them to him. Democracies don’t work by giving one person unbridled power. In fact, history tells us, that voting in a ‘temporary’ Enabling Act is often the last act of democratic government on the road to dictatorship.

We’re told not to worry because CERA will expire in five years. Yeah, well the German Enabling Act of 1933 was meant to expire after four years (or when Hitler left power – clever). Julius Caesar was elected Dictator for ‘just’ ten years. The Committee of Public Safety was only meant to to a temporary measure. The dictatorship of the proletariat was supposed to melt away when it was no longer needed.

In five years time, what guarantee do we have that our Tsar (whoever it may then be) won’t decide that a fresh crisis – say another oil shock, a depression, civil strife, or an international war – doesn’t make it necessary for him to hold on to his powers and accumulate some more?

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