Notice Type
Authorities/Other Agencies of State
Notice Title

Direction to the Earthquake Commission Pursuant to Section 112 of the Crown Entities Act 2004

  1. This direction comes into effect immediately upon signing and applies from September 2010.
  2. The Earthquake Commission (“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 land or any part of it that suffered natural disaster damage:
      1. 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 (“EQC Act”), and
      2. which has been apportioned by the Commission to one of the Canterbury earthquakes (“first-mentioned Canterbury earthquake”) where the insured person has notified (in accordance with clause 7(1) of Schedule 3 of the EQC Act) natural disaster damage to that residential land or part of it caused or claimed to have been 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:
    1. the insured person have given notice in accordance with clause 7(1) of Schedule 3 of the EQC Act, and
    2. 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 land 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:
    1. insured person, natural disaster damage, personal property, residential building and residential land have the meanings given those terms in the EQC Act;
    2. Canterbury earthquakes has the meaning given that term in the Canterbury Earthquake Recovery Act 2011;
    3. for the avoidance of doubt, the insured person has given notice in accordance with clause 7(1) Schedule 3 of the EQC Act of natural disaster damage to the residential land or any part of it if the insured person has given notice of any natural disaster damage to any of the insured property caused by the same Canterbury earthquake; and
    4. insured property means:
      1. the residential land;
      2. a residential building situated on that residential land;
      3. any personal property located in or on that residential building; and
      4. any part of any of the property in i–iii.

Dated this 20th day of October 2015.

Hon GERARD ANTHONY BROWNLEE, Minister Responsible for the Earthquake Commission.