1. This Direction comes into effect immediately upon signing and applies from September 2010.
2. The Earthquake Commission ("the Commission") shall perform the following additional function:
- Subject to paragraph 3, pay the amount of the damage to, or replace or reinstate (at the Commission's option), any residential building or any part of it that suffered natural disaster damage:
(i) of which no notice has been given by the insured person in accordance with clause 7(1) of Schedule 3 of the Earthquake Commission Act 1993 ("the EQC Act"); and
(ii) which has been apportioned by the Commission to one of the Canterbury earthquakes (the first mentioned Canterbury earthquake) following notification by the insured person of natural disaster damage to that residential building or part of it caused by another Canterbury earthquake.
3. The Commission's obligation to pay the amount of the damage, or to replace or reinstate (at the Commission's option), under paragraph 2 shall not exceed the extent of the requirement to pay the amount of the damage, or to replace or reinstate, that would otherwise apply should:
(a) the insured person have given notice in accordance with clause 7(1) of Schedule 3 of the EQC Act; and
(b) the Commission (in accordance with the EQC Act) have paid the amount of the damage to, or as
the case may be, opted to replace or reinstate, the residential building or part of it that suffered
the natural disaster damage which was apportioned by the Commission to the first mentioned Canterbury earthquake.
4. For these purposes:
(a) "residential building", "natural disaster damage" and "insured person" have the meanings given those terms in the EQC Act; and
(b) "Canterbury earthquakes" has the meaning given that term in the Canterbury Earthquake Recovery Act 2011.
Dated this 19th day of December 2012.
HON GERARD ANTHONY BROWNLEE, Minister Responsible for the Earthquake Commission.
Note: This notice, which has not been published in a previous New Zealand Gazette, relates to notice go7997 on page 4712 of this edition).