The extension of claim notification will lead to many disputes and arguements with eqc customers. This is a reprint of the earthquake commission regulations 1993 that incorporates all the amendments to those regulations as at the date of the last amendment to them. This legislation, with some limited exceptions, removed the rights of people to pursue complaints to the human rights commission of unlawful discrimination in relation to the governments family care policy in the future. Earthquake commission regulations 1993 sr 1993345 as at. Householders guide to eqcover eqc earthquake commission.
Earthquake commission act 1993 no 84 as at 01 july 2019. Part 1 of the bill sets out circumstances in which the earthquake commission the commission may release information. Jul 01, 2019 this is a reprint of the earthquake commission regulations 1993 that incorporates all the amendments to those regulations as at the date of the last amendment to them. In order to do this we are seeking enthusiastic and motivated individuals who are looking for unique and rewarding careers across new zealand. Natural disaster damage is defined in the earthquake commission act 1993 act as any physical loss or damage to the property occurring as the direct result of a natural disaster. New zealand high court rules on earthquake commissions. Claims must relate to damage to residential buildings, property, or land caused by the series of canterbury earthquakes that occurred in 2010 and 2011. This direction comes into effect immediately upon signing. Statement of intent 1 july 2009 30 june 2012 this statement is submitted by the board of the earthquake commission in accordance with the crown entities act 2004.
In determining eqcs liability, justice williams began by looking at the earthquake commission act 1993 act. This bill is available online from the related links panel. Eqcover a guide to property insured by the earthquake commission act 1993. Earthquake magnitude earthquake severity richter magnitude earthquake effects less than 3. The provisions of the earthquake commission act 1993 will always prevail over the contents of this brochure. Pursuant to section 112 of the crown entities act 2004, as permitted by section 51fii of the earthquake commission act 1993. Report of the public inquiry into the earthquake commission the long awaited report of the public inquiry into the earthquake commission, with findings and recommendations has been released. The bill amends the earthquake commission act 1993 the principal act. The government announced on 20 march 2018 four planned changes to the earthquake commission eqc scheme. The earthquake commission commission may perform the following additional function. The act was passed by parliament under urgency, which circumvented the usual.
Canterbury earthquakes insurance tribunal new zealand. Under the earthquake commission act 1993 the act, this means that eqc is liable to pay any costs reasonably incurred to replace or repair the damaged part or parts of your home to a condition which is substantially the same as but not better or more extensive than its condition when new. Direction to extend function of eqc earthquake commission. Final report volume four royal commission of inquiry into. It has had to grow exponentially in a very short space of time to take on a task that, in scale and scope, defies precedent. Sep 21, 2017 earthquake commission, wellington, new zealand. The commission is a crown entity established under the earthquake commission act 1993 the act. Earthquake commission amendment bill submission name. Earthquake commission emergency management training. Pages in category 1993 earthquakes the following 6 pages are in this category, out of 6 total. Powers of commission repealed capital of commission. In the case of conflict between the information on this website and the provisions of the earthquake commission act, the provisions of the act will prevail. Whether the earthquake commission was unreasonable to decline compensation for damage to the pool house enclosing a swimming pool at a christchurch propertyombudsman concluded eqcs decision was not unreasonable. Covid19 pdf, 98 kb the canterbury earthquakes insurance tribunal the tribunal provides canterbury homeowners with a fair, speedy, flexible and costeffective way to resolve their longstanding claims with insurers including southern response and the earthquake commission eqc.
It sets out the boards overall intentions and objectives for the commission to 30 june 2010 and the two succeeding financial years, as required by the act. The location below the earths surface where the earthquake starts is called the hypocenter, and the. The minister responsible for the earthquake commission grant robertson has been advised by the attorney general that the crown via southern response is to appeal the high court decision of the k. Earthquake commission wellington, new zealand government.
Eqc is a crown agent under the crown entities act 2004. A reconnaissance report to the seismic safety commission on the hyogoken nanbu earthquake, neisei nana nen the south hyogo prefecture near kobe, japan, january 17, 1995. Eqcs functions are set out in section 5 of the earthquake commission act 1993 the act as follows. The earthquake commission act 1993 23 the eca provides in s 181 for the insurance of residential property against natural disaster. The reo maori name for the commission, te waihanga, means a cornerstone, or to make, create, develop, build, construct, generate.
Eqc administers insurance against damage caused by natural disasters. Briefing to the public inquiry into the earthquake commission. Direction to extend function of eqc earthquake commission to act as agent for southern response 1. Amendments are focused on simplifying and speeding up the handling of claims for natural disaster damage, particularly damage from a largescale disaster. Eqc history for property response by earthquake commission to patsy hill on october 01, 2019. An insurers guide, february 2019 pdf 598kb eqcover. The earthquake commission eqc was established by the government in 1945 to provide earthquake and war damage cover for purchasers of fire insurance. Minister responsible for the earthquake commission. Direction to extend function of eqc earthquake commission to. There is an argument that although the land has undergone physical changes as a direct result of the earthquakes, these changes do not constitute present.
Careers at the earthquake commission eqc eqc offers a unique opportunity to become part of history and make a difference in the lives of new zealanders. Originally established in 1945 as the earthquake and war damages commission following the 1942 wairarapa earthquake, the commission s role has changed significantly over time. This bill aims to update and improve the operation of the earthquake commission act 1993. See also the what is the directory structure for the texts. Were waiting for peter murison to read recent responses and update the status. Public inquiry into the earthquake commission 1 tena koutou, thank you for your interest in this report, which is the culmination of more than a years work. The science behind earthquakes what is an earthquake. It describes the cover you automatically get from the earthquake commission, if you have a home andor contents fire insurance policy. Direction to the earthquake commission 2019go4839 new. The earthquake commission eqc provides primary natural disaster insurance to the owners of residential properties in new zealand. Subject to paragraph 3, the earthquake commission commission has the following additional function. Dodds v southern response earthquake services ltd case. Eqc is required to apply and act in accordance with the detailed provisions of the earthquake commission act 1993 when settling all claims. Peter murison made this official information request to earthquake commission.
Government has taken this opportunity to set out a clear direction for work to safeguard a strong and effective sector in the face of rapid changes across our population, in. Householders guide to eqcover this is a customer guide to the earthquake commission act 1993 and the earthquake commission regulations 1993, as at april 20. New models of tertiary education government response to. Media in category earthquake commission the following 4 files are in this category, out of 4 total. Earthquake commission must follow legislation on claim lodgement time but ombudsman considers law harsh. Earthquake commission view and make official information. Briefing for the minister in charge of the earthquake commission summary. Earthquake commission s handling of a claim unreasonable in the circumstances. Earthquake commission not unreasonable to decline payment. Canterbury earthquake sequence ces under the earthquake commission act 1993 the eqc act where the land claim has been assigned to land information new zealand linz as part of the creation of the residential red zone crown rrz claims. The commission s statutory functions are set out in section 5 of the act. Legal challenges to the new zealand governments family care.
Responsibilities include oversight of new zealands main source of residential natural disaster cover. Earthquake commission 4 earthquake commission 1 there shall continue to be a crown entity called the earthquake commission which shall be the same body corporate as that existing under the name of the earthquake and war damage commission immediately before the commencement of this act. Judgment summary michalik v earthquake commission duncan. Commission to be crown entity repealed minister may determine dividend. The complainant considered this decision was unreasonable given that in the first instance. Earthquake commission act 1993 public act 1993 no 84 date of assent 10 august 1993 commencement see section 12 contents page title 3 1 short title and commencement 3 2 interpretation 3 3 act to bind the crown 6 3a transitional, savings, and related provisions 6 part 1 earthquake commission 4 earthquake commission 6 4a crown entities act 2004. Whole of government report lessons from the canterbury. Earthquake commission eqc has been of primary significance to property owners faced with making important decisions about their homes and assets. Eqc is shouldering a huge burden in the canterbury earthquake reconstruction. Judgment summary earthquake commission v insurance council. Direction to the earthquake commission pursuant to section 112 of the crown entities act 2004 as permitted by section 51fii of the earthquake commission act 1993 eqc act 2. Since september 2010, there have been no fewer than earthquakes in and around christchurch which the eqc has recognised as giving rise to natural disaster. The functions of the commission are a to administer the insurance against natural disaster damage provided under this act. Ombudsmen act 1975, earthquake commission act 1993.
The extent of eqc liability for damage from sealevel rise. Section 19 is a similar provision relating to residential land. Response earthquake services limited and insured persons and the earthquake commission under the earthquake commission act 1993 the act. An insurers guide, july 2019 pdf 639kb these guides provide a general summary only of eqcover. The earthquake commission amendment bill the bill makes a number of changes to the earthquake commission act 1993 eqc act to simplify and speed up the earthquake commission s eqcs handling of claims for natural disaster damage.
Section 324 of the earthquake commission act 1993 should be amended to allow for disclosure of information that may affect personal safety. An earthquake is what happens when two blocks of the earth suddenly slip past one another. These sections provide that the building or property is insured for their replacement value, which is a defined term in the act. Can cause major damage to poorly constructed buildings over small regions. Earthquake commission act 1993 no 84 as at 19 february. Rias authored by another agency will be provided in adobe pdf format with a link to where the ria is available on the agencys own. This website gives you an overview of eqc entitlements and claims processes. Natural disaster damage in the home contents is deleted. The movement of earths crust resulting from the release of built up potential energy between two stuck tectonic plates. It was established in its current form by the earthquake commission act 1993, which was a continuation of the earthquake and war damage commission, set up in 1945. It operates under the provisions of that eqc act and of other relevant law, such as the crown entities act 2004. Earthquake commission must follow legislation on claim. Earthquake commissions handling of a claim unreasonable.
Te waihanga therefore indicates how significant the commission will be in shaping new zealands future infrastructure planning and investment. Briefing for the minister in charge of the earthquake. Subject to any regulations made under this act and without limiting the liability of the commission under this act, any payments or expenditure for which the commission may be liable under this section shall be made as soon as reasonably practicable, and in any event not later than 1 year after the amount of the damage has been duly determined. Earthquake commission amendment bill new zealand parliament. Read the related media statement by hon dr megan woods on the beehive website. Mr james carpenter comments the removal of contents from cover under the earthquake commission act 1993 is a positive and well overdue action. However, eqc is required to apply and act in accordance with the detailed provisions of the earthquake commission act 1993. The earthquake commission act 1993 gives the earthquake commission discretion to decline, or meet part only of a claim, where the certificate of title for the affected property contains such an entry. The earthquake commission eqc had determined that damage to the complainants pool house fell outside the scope of cover under the earthquake commission act 1993 the act. A survey of the economics of insurance programs for earthquakes and droughts victoria university, sef working paper 11, 2017. Earthquake commission regulations 1993 sr 1993345 as.
This training was colloquially referred to as the traffic light training because it outlined a series of questions that eqc staff were to consider when determining whether a particular building element was. The earthquake commission provides primary natural disaster insurance to the. Faq for information about file content and naming conventions. Following the september 2010 earthquake, a dedicated minister for canterbury earthquake recovery was appointed and the canterbury earthquake response and recovery act 2010 enacted, setting up the canterbury earthquake recovery commission. Will a section 73 notice affect insurance cover by the earthquake commission. Its like when youre teacher loses their marbles because youve asked them the same question 7 times in a row.
Earthquake commission act 1993 earthquake commission education act 1989 school board of trustees new zealand qualifications authority nzqa electoral act 1993 electoral commission gambling act 2003 new zealand lotteries commission greater christchurch regeneration act 2016 regenerate christchurch films, videos, and publications classification. Judgment summary earthquake commission v insurance. Dpmc serves the executive, governorgeneral, prime minister and cabinet, through the provision of impartial advice and support. Dear ms mcinnes official information act 1982 request please find attached the earthquake commissions response to your request for inform. The commission investigates earthquakes, researches earthquake related issues and reports, and recommends to the governor and legislature policies and programs needed to reduce earthquake risk.
An act to make provision with respect to the insurance of residential property against damage caused by certain natural disasters 1 short title and commencement 1 this act may be cited as the earthquake commission act 1993. Komihana ruwhenua, is a new zealand crown entity that invests in natural disaster research and education as well as providing natural disaster insurance to residential property owners. The treasury has released a first batch of submissions on the 2015 discussion document. Managing californias earthquake hazards reduction program. This report was prepared andor compiled for the earthquake commission eqc to communicate information that may be relevant to residential land claims under the earthquake commission act 1993. However, eqc is required to apply and act in accordance with the detailed provisions of the earthquake commission act 1993 when settling all claims. The commission comprised local mayors and government appointed. It was based on a model of liabilities developed by craig. Earthquake commission wikimili, the best wikipedia reader. Earthquake commission department of the prime minister and.
Report of the public inquiry into the earthquake commission. Later, cover for other natural disasters was included and, later still, cover for war damage dropped. The earthquake commission eqc is the successor to the earthquake and war damage commission, having been reformed by the earthquake commission act 1993. Public safety issues from the northridge earthquake of january 17, 1994.
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