NEW ZEALAND GAZETTE, No. 123 11 AUGUST 2011

4. Purpose—(1) Clause 4(b) is amended by inserting "or who would so intend but for their usual homes being in the red zone" after "homes".

(2) Clause 4(c) is amended by revoking subparagraph (i) and substituting the following subparagraph:

"(i) have had to vacate their usual homes:

(A) until that remediation work is carried out; or

(B) being homes in the red zone, because they are uninhabitable or it is unreasonable for them to continue to occupy them as their homes; or".

(3) Clause 4(c)(ii) is amended by omitting "on a temporary basis" and by omitting "that".

5. Interpretation—(1) Clause 5(1) is amended by inserting the following definitions in their appropriate alphabetical order:

"Canterbury region means:

(a) the districts of the following territorial authorities:

(i) Ashburton District Council;

(ii) Christchurch City Council;

(iii) Hurunui District Council;

(iv) Kaikoura District Council;

(v) Mackenzie District Council;

(vi) Selwyn District Council;

(vii) Timaru District Council;

(viii) Waimakariri District Council;

(ix) Waimate District Council; and

(b) that part of the district of the Waitaki District Council as is within the area of the Canterbury Regional Council.

Government offer means an offer by or on behalf of the Government of New Zealand in respect of any affected premises in the red zone to purchase either:

(a) the whole of the affected premises and to subrogate the owner’s claims for damage to the premises from the earthquake to the Earthquake Commission continued by section 4 of the Earthquake Commission Act 1993 and the owner’s insurance company; or

(b) the land only of the affected premises, without subrogation of the owner’s claim for damage to the premises from the earthquake to the owner’s insurance company.

red zone or red zone land means the area designated as the red zone in the Prime Minister’s public announcement of 23 June 2011 and any other area included in that zone or designated as red zone land by any subsequent announcement of the New Zealand Government.

replacement premises, in relation to any person, means a place intended to be occupied as a home (other than on a temporary basis) as a replacement for any affected premises.

settled and settlement, in relation to an insurance claim, means when payment in full and final settlement of all claims for damage to the premises from the earthquake is received by the claimant or claimants".

(2) The definition of remediation work in clause 5(1) is amended by adding the following paragraph:

"(c) in the case of premises in the red zone, demolition of the buildings comprising the premises."

(3) Clause 5(2) is amended by adding "with any necessary modifications".

6. Application of the Act—Clause 6(1) is amended by omitting "84" and substituting "83 (other than 83(3)), 84".

7. Temporary accommodation assistance—(1) Clause 8(1)(a) is amended by inserting the following subparagraph after subparagraph (i):

"(ia) the person has vacated any affected premises in the red zone because the premises are uninhabitable or, in the chief executive’s opinion, it is unreasonable to expect the person to continue to occupy the premises as a home for the person and the members of his or her family who usually reside with the person; or"

(2) Clause 8(1)(a)(ii) is amended by omitting "temporarily".

(3) Clause 8(1)(b) is amended by inserting "or would have so intended but for the premises being situated in the red zone" after "affected premises".

(4) Clause 8(1) is amended by inserting the following paragraph after paragraph (b):

"(ba) in the case of affected premises in the red zone, either:

(i) a Government offer has been made in respect of the premises; or

(ii) the premises are eligible for a Government offer to be made in respect of them; or

(iii) the person did not have insurance cover in the respect of the affected premises and has exceptional circumstances to justify the provision of financial assistance; and".

(5) Clause 8(1) is amended by revoking paragraph (d)(i) and substituting the following subparagraphs:

"(i) the person has or, in the case of premises owned by a specified trust, the trustees have insurance cover for temporary accommodation:

(A) the claim for which has been accepted by the insurance company on the grounds that the affected premises are uninhabitable; but

(B) that has expired; or

(ia) in the case only of a person who is the owner of affected premises in the red zone to whom subparagraph (i) does not apply, the person has or, in the case of premises owned by a specified trust, the trustees have insurance cover for temporary accommodation whether or not the claim for which has been accepted by the insurance company on the grounds that the affected premises are uninhabitable; or".

(6) Clause 8(2) is amended by revoking paragraph (a) and substituting the following paragraphs:

"(a) either:

(i) intends to resume occupation of the affected premises as his or her home as soon as practicable after remediation work is carried out; or

(ii) in the case of affected premises in the red zone:

(A) intends to occupy replacement premises in the Canterbury region as his or her home as soon as practicable after settlement of a Government offer or an insurance claim for damage to the premises from the earthquake, or both; or

(B) in the case of an applicant to whom subclause (1)(ba)(iii) applies, intends to occupy replacement premises in the Canterbury region as his or her home as soon as practicable; and"