✨ Earthquake Commission Direction
NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016
Number Mark
617727 Rolling Hills
Dated at Wellington this 22nd day of August 2016.
WILLIAM HENRY DAVID MORE, Senior Solicitor.
2016-go4909
Direction to the Earthquake Commission Pursuant to Section 112 of the Crown Entities Act 2004, as Permitted by Section 5(1)(f)(ii) of the Earthquake Commission Act 1993
This direction comes into effect immediately upon signing and applies from 4 September 2010.
The Earthquake Commission (“Commission”) must perform the following additional function:
-
The Commission will (as part of its settlement of a residential building claim) pay the amount of the damage to, or replace or reinstate (at the Commission’s option), any storm water and sewerage services and structures appurtenant thereto (“services”) where:
a. the services have suffered natural disaster damage as the direct result of one or more of the 2010–2011 Canterbury earthquakes (each such damage-causing earthquake called a “relevant earthquake”); and
b. the conditions in paragraph 2 are met; and
c. the Commission considers that such payment, reinstatement or replacement is appropriate in all the circumstances; and
d. the limits in paragraph 3 are complied with. -
The conditions referred to in paragraph 1(b) for a relevant earthquake are the following:
a. at the time of the relevant earthquake, the services:
i. met the requirements of paragraph (d)(i) of the definition of “residential building” in section 2(1) of the Act (“residential building definition”), as if that paragraph was amended to also include services serving a building or structure appurtenant described in paragraph (c) of the residential building definition (“appurtenant building or structure”); and
ii. met the requirements of paragraph (d)(ii) of the residential building definition, as if that paragraph was amended to also include services serving and within 60 metres of the appurtenant building or structure; and
iii. did not meet the requirements of paragraph (d)(iii) of the residential building definition; and
iv. were not owned or operated by any territorial authority or regional council or council-controlled organisation; and
b. the building, part of a building or structure under paragraph (a), (b) or (c) of the residential building definition:
i. suffered natural disaster damage as the direct result of the relevant earthquake; and
ii. was deemed to be insured under the Act against natural disaster damage at the time of the relevant earthquake; and
c. the insured person gave notice to the Commission, in accordance with clause 7(1) of Schedule 3 of the Act, of the occurrence of natural disaster damage to the residential building in respect of at least one of the relevant earthquakes. -
Where the Commission decides under paragraph 1 to pay the amount of the damage to, or to reinstate or replace, the services, the Commission’s obligation to pay the amount of the damage, or to replace or reinstate, may not exceed the amount that would otherwise apply, if:
a. the services that met the conditions under paragraph 2 had been insured under the Act as part of the residential building concerned; and
42
Next Page →
NZ Gazette 2016, No 77
✨ LLM interpretation of page content
🚨 Direction to the Earthquake Commission Pursuant to Section 112 of the Crown Entities Act 2004
🚨 Emergency Management22 August 2016
Earthquake Commission, Canterbury earthquakes, residential building claims, storm water, sewerage services
- WILLIAM HENRY DAVID MORE, Senior Solicitor