Background and status as a matter of public importance the commission is a crown entity established under the earthquake commission act 1993 the act. The source maps and data were not intended for any other purpose. Direction by the minister responsible for the earthquake. He noted that sections 18 and 20 dealt with residential buildings and personal property respectively. 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. The complainant considered this decision was unreasonable given that in the first instance. We also consider that engineers, other professionals and building owners should all have a duty to. An act to make provision with respect to the insurance of residential property against damage caused by certain natural disasters. In the case of repairs carried out by eqc, the building contract is. The location below the earths surface where the earthquake starts is called the hypocenter, and the. Final report volume four royal commission of inquiry into. Legal challenges to the new zealand governments family. However, eqc is required to apply and act in accordance with the detailed provisions of the earthquake commission act 1993 when settling all claims. Natural disaster has the same meaning as in the earthquake commission act 1993.
Earthquake commission emergency management training. The extent of eqc liability for damage from sealevel rise. This website gives you an overview of eqc entitlements and claims processes. 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. 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. In the case of repairs carried out by eqc, the building contract is between eqc and the builder. We have noted that the privacy provisions of the earthquake commission act 1993 inhibit the sharing of information and we recommend an amendment to these provisions. In the supreme court of new zealand sc 52014 2015 nzsc 27 between quake outcasts appellants and the minister for canterbury earthquake recovery first respondent the chief executive of the. Forest and rural fires act 1977, the terrorism suppression act 2002, hazardous substances and new organisms act 1996, and the biosecurity act 1993.
There was limited experience in dealing with the complexities of such an event, as disasters of this scale are rare. Earthquake commissions handling of a claim unreasonable in the circumstances. See also regulation 6 of fire and emergency new zealand levy rates and information requirements in transitional period regulation 2017. Jun 01, 2018 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. 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. In many cases eqc elected to undertake the repairs itself rather than to pay the cost of repairs. Section 324 of the earthquake commission act 1993 should be amended to allow for disclosure of information that may affect personal safety.
Review of the earthquake commission act the government announced on 20 march 2018 four planned changes to the earthquake commission eqc scheme. Briefing for the minister in charge of the earthquake commission summary. 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. Final report royal commission of inquiry into building. Homeowners guide to earthquake safety california seismic. 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. How to download and use the adobe pdf files available on this site. The report was not intended for any other purpose and may not be relied upon for any other purpose. Direction to the earthquake commission pursuant to section.
The paper is part of a project examining where sealevel rise risks currently fall across different parties homeowners, government and private insurers, commissioned by the deep south. Eqc is shouldering a huge burden in the canterbury earthquake reconstruction. Earthquake commission view and make official information. The act was passed by parliament under urgency, which circumvented the. New user is a person that has not been previously identified in councils rates information database as being responsible for the rates on the land.
New zealand national progress report on the implementation of the hyogo. It operates under the provisions of that eqc act and of other relevant law, such as the crown entities act 2004. National progress report on the implementation of hyogo. Amy adams minister of justice minister pursuant to section 92a4 of the human rights act 1993, i hereby transmit to you pages 26 to 30 of this report as the annual report of the director of the office of human rights proceedings. The purpose of this web page is to provide hyperlinks for homeowners interested in improving the earthquake safety of their homes. These sections provide that the building or property is insured for their replacement value, which is a defined term in the act. Section 19 is a similar provision relating to residential land. Earthquake commissions handling of a claim unreasonable. Earthquake commission regulations 1993 sr 1993345 as. Introduction office of the auditorgeneral new zealand. Read the related media statement by hon dr megan woods on the beehive website. They are caused when the earths tectonic plates move, rub, collide, or break apart.
Eqc history for property response by earthquake commission to patsy hill on october 01, 2019. Managing the long and complex recovery from the canterbury earthquake sequence has been a devastating learning curve for the new zealand government and all its recovery partners. Emergency management act 2002, and the building act 2004. Earthquake commission act 1993 no 84 as at 01 july 2019. Originally established in 1945 as the earthquake and war. Public inquiry into the earthquake commission 12 november 2018. Maori freehold land has the same meaning as defined in te ture whenua maori act 1993 part vi section 1292a. This bill amends the earthquake commission act 1993 to update and improve the operation of the act by focusing on simplifying and speeding up the handling of claims for natural disaster damage, particularly when dealing with a largescale natural disaster. Media in category earthquake commission the following 4 files are in this category, out of 4 total. 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. Judgment summary michalik v earthquake commission duncan. The earthquake commission eqc is the successor to the earthquake and war damage commission, having been reformed by the earthquake commission act 1993. It is recognised, however, that this report may assist central and local government planning for effective longterm solutions for the affected communities.
Can cause major damage to poorly constructed buildings over small regions. This web page is intended to provide a quick reference to such web sites and files. An earthquake is what happens when two blocks of the earth suddenly slip past one another. Californias early years and the field act, 19251933 roberta. Oct 01, 2016 whether the earthquake commission eqc had handled a claim for drapes and carpets in a reasonable mannerchief ombudsman found aspects of eqcs handling of the matter to have been unsatisfactory. Before an earthquake during an earthquake after an earthquake for more information on earthquake. The earthquake commission provides primary natural disaster insurance to the. Postearthquake residential building rebuilds and repairs.
Te waihanga therefore indicates how significant the commission will be in shaping new zealands future infrastructure planning and investment. Areawide geotechnical information summary for cera. A residential home owner with a private insurance policy that includes fire insurance is insured against natural disasters by the eqc. 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. Eqc is a crown agent under the crown entities act 2004. New zealand high court rules on earthquake commissions. Briefing for the minister in charge of the earthquake. 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. Earthquake earthquakes are sudden, violent shaking of the earths crust. Building earthquakeprone buildings amendment bill local. Householders guide to eqcover eqc earthquake commission. Earthquake commission amendment bill new zealand parliament. The surface where they slip is called the fault or fault plane. In determining eqcs liability, justice williams began by looking at the earthquake commission act 1993 act.
The earthquake commission eqc provides primary natural disaster insurance to the owners of residential properties in new zealand. Earthquakes arent predictable, so the best practice is to always be prepared. Under section 103 of the crown entities act 2004 and in accordance with section 12 of the earthquake commission act 1993 act, the minister responsible for the earthquake commission minister directs the earthquake commission commission to give effect to government policy as specified in this direction direction. Consideration of other investigations by the inquiry. The earthquake commission act 1993 23 the eca provides in s 181 for the insurance of residential property against natural disaster. 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 this direction comes into effect immediately upon signing and applies from 4 september 2010. Dear ms mcinnes official information act 1982 request please find attached the earthquake commissions response to your request for inform. The earthquake commission eqc was established by the government in 1945 to provide earthquake and war damage cover for purchasers of fire insurance. Earthquake magnitude earthquake severity richter magnitude earthquake effects less than 3. Powers of commission repealed capital of commission. 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. Its like when youre teacher loses their marbles because youve asked them the same question 7 times in a row. The paper is part of a project examining where sealevel rise risks currently fall across different parties homeowners, government and private insurers, commissioned by the deep south national science challenge impacts and implications research. Building earthquake prone buildings amendment bill local government and environment committee 17 april 20 1.
Earthquake commission eqc has been of primary significance to property owners faced with making important decisions about their homes and assets. Minister responsible for the earthquake commission. Act 2010, the earthquake commission act 1993, other insurers, and reinsurers that are unrelated to the commissions claims management operational practices and claims outcomes. Areawide geotechnical information summary for cera zoning. Earthquake commissions handling of a claim unreasonable in. The science behind earthquakes what is an earthquake. Earthquake commission regulations 1993 sr 1993345 as at. 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. The homeowners guide to earthquake safety contains many internet based resources. Pdf portable document format the pdf format is used on the treasury web site to enable site users to view, download and print publications and documents largely as they appear in print.
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