The New Zealand High Court has overturned decisions by Earthquake Recovery Minister Gerry Brownlee aimed at providing new residential land following the Christchurch earthquakes.

Parliament gave Mr Brownlee emergency powers after the February 2011 earthquake that enabled him to suspend, amend or revoke zoning decisions and effectively terminate appeals to the Environment Court.

The High Court last week set aside the minister’s powers to prevent appeals to the Environment Court, with Justice Lester Chisholm saying access to the courts is a right that is “deeply embedded” in New Zealand law.

The case involved a number of parties, including property developers, the minister, four councils, the NZ Transport Agency and Christchurch International Airport. An appeal against the decision has already been lodged.

Justice Chisholm said he accepts Mr Brownlee acted in good faith, but the minister was outside the legal limits of his power.

Once offers were made to buy out people in residential red zones, they had nine months to decide.

“Land had to be made available for residential development as quickly as possible,” he said. “Heavy demands were also being made on the time of council officers who were involved in drafting the earthquake recovery strategy required under the Canterbury Earthquake Recovery Act”.

The case arose when parties that had appeals under way in the Environment Court sought a judicial review of the minister’s power to end the process.

They argued his decisions were not earthquake recovery measures and the minister had been persuaded to resolve longstanding disputes that were being dealt with by the Environment Court.

Mr Brownlee argued that he faced a pressing need for land to be freed up for new housing and the current planning framework was preventing this by causing uncertainty for developers and councils.