Holding EQC to the Act - A public justice project for all Kiwis 


Did EQC really fix your home?

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our last meeting for 2017. EQCfix will cover three critical topics and a little detail on a fourth. 

demystify land claims

  • Buying or selling? Understand assignment of claims.
  • Worried you’ve been underscoped / under assessed by EQC?
  • Was your claim discharged by Southern Response?

Monday 27th November 2017 — 7:00pm to 8:30pm
Transitional Cathedral, Christchurch

Tickets are FREE, however tickets are needed to be able to attend.  There will be time for questions and a number of homeowner focused lawyers will be in attendance.

https://demystifyland.eventbrite.co.nz

Event speaker list and details here


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EQC obligations under the EQC Act

A timely reminder for Kaikoura claimants to read the Joint Statement agreed to by EQC 28 April 2016. Know your rights. Also check out this guide to the Claims Process.


Urgent Attention: Limitation Act

urgent action required by IAG customers

In respect of "on-sold" properties IAG will not confirm that it has agreed to defer the LP defence to 30 June 2018.  It appears that IAG is going to claim that re. "on-sold" properties it can rely on the LP defence from 4/9/17.


November 2016 Earthquake

Serious questions for EQC and your insurer

Many questions from claimants and experts have been raised about how EQC and insurers are dealing with assessments and the claims process following the November 2016 earthquake. Consider if these questions are important to your claim.


LIMITATION EXTENSION REQUEST TEMPLATES

While we do not necessarily accept that the limitation period for Canterbury claims will expire on 4 September 2017, we are concerned that some insurers may consider that it does expire then, and that they may rely on it as a defence to any claim you may be required to bring. 

We have just added several templates for claimants to request an extension from their insurer to the limitation period imposed under the Limitation Act 1950 and/or Limitation Act 2010. This is very important for any homeowner with a claim. You should take action now

Other template available include: 


Expert legal opinions

Q&A from legal experts

EQC Fix has just added expert legal opinions on the burning questions many of you will have around your insurance claims.


Joint declaratory statement with EQC

EQC Group Action Settlement

A group of 98 Canterbury homeowners has won a landmark settlement with the Earthquake Commission (EQC) following a bid for a joint declaratory statement. The joint statement is relevant to anyone with settled or unsettled properties with EQC dwelling claims. But what does it all really mean for you?

A packed public meeting was held at the Transitional Cathedral, 12 May 2016, with the aim to inform home owners of the joint statement/agreement reached and its implications for them and their property. Radio New Zealand Checkpoint - John Campbell previews the public meeting - Listen to the interview

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To maximise the project’s success it would benefit from some financial assistance. More details here:

 
 
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QUOTES

Everyone else will be able to point to it and say ‘well EQC, you’ve now agreed to the group that this is the standard you’ve got to meet and you haven’t done that at my place. Please explain, please do it properly or please pay me more’.
— Peter Woods, Anthony Harper
Given that consideration of repairs to foundations quickly pushes most properties over-cap, insurance companies may find themselves facing a surge of new claims, possibly equal in number to what they have dealt with so far.
— Dr Michael Naylor, a senior lecturer in finance and insurance at Massey University
Astoundingly, EQC is clinging to the position that it has always dealt with home repairs on a ‘when new’ basis, despite its making repeated public statements and telling homeowners that its job was to fix damage to a pre-quake level.
— Editorial, The Press, Fairfax Media
Because EQC chosen to refuse to admit it was wrong, it has decided to phrase the agreement as merely reaffirming what it is already doing.

This means that the concession is unlimited, as all prior claimants can ask for a review. This expands its liability hugely.
— Dr Michael Naylor, a senior lecturer in finance and insurance at Massey University
In our view, the ruling has significance. The EQC’s catalogue of mismanagement, miscommunication and missed opportunities for redemption continues to grow.
— Editorial, The Press, Fairfax Media