2018
DOI: 10.26686/pq.v14i4.5149
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Climate change compensation

Abstract: Climate change will cause significant loss and damage throughout New Zealand. This will affect everyone. When considering the options for responding, compensation will inevitably be raised, as either a requirement or a policy choice. Many people, however, appear reticent to engage with ‘compensation’ either as a word or as a concept; preferring to avoid it altogether. This article argues that compensation will be an unavoidable part of the discussion about how best to respond to the challenges of climate chang… Show more

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Cited by 4 publications
(2 citation statements)
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References 6 publications
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“…However, property acquisition is difficult to achieve without a mechanism (or budget) to acquire land, unless public works are involved and the PWA is invoked. Nonetheless, there is legal uncertainty regarding whether land can be compulsorily acquired under the PWA for the creation of reserves, or whether land is only able to be purchased by agreement [20,61]. In the case study of Matatā, Whakatāne District Council received legal advice that the PWA could not be used for managed retreat and subsequent reserve conversion, but, to confuse things further, the Resource Legislation Amendment Act 2017 (s 85(3A)(a)(ii)) suggests otherwise.…”
Section: The New Zealand Governance Setting For Managed Retreat: a Grmentioning
confidence: 99%
“…However, property acquisition is difficult to achieve without a mechanism (or budget) to acquire land, unless public works are involved and the PWA is invoked. Nonetheless, there is legal uncertainty regarding whether land can be compulsorily acquired under the PWA for the creation of reserves, or whether land is only able to be purchased by agreement [20,61]. In the case study of Matatā, Whakatāne District Council received legal advice that the PWA could not be used for managed retreat and subsequent reserve conversion, but, to confuse things further, the Resource Legislation Amendment Act 2017 (s 85(3A)(a)(ii)) suggests otherwise.…”
Section: The New Zealand Governance Setting For Managed Retreat: a Grmentioning
confidence: 99%
“…There are competing principles and considerations regarding whether residents who will lose their property through managed retreat should be compensated and, if so, on what basis, to what extent and by what means [10,39,40]. Internationally, the level of, and eligibility for, public compensation varies greatly: in some cases, property owners are fully compensated based on a (pre-disaster) fair market value; in other cases, compensation provides for full replacement of a house/ apartment in a similar, but low-risk, neighbourhood; in yet other cases, such as the UK, there is little or no compensation currently available [41].…”
Section: Public Compensation As An Implementation Mechanismmentioning
confidence: 99%