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EQC and Action Group agree settlement principles

The Earthquake Commission (EQC) and the EQC Action Group, which represents 89 customers, have agreed that the principles that guide EQC’s assessment and settlement of building claims meet the requirements of the Earthquake Commission Act.

The EQC Action Group sought a series of declarations in the High Court to clarify EQC’s liability under the EQC Act. After discussions, the two parties have determined that there is no material disagreement between them.

Both parties have agreed on a joint statement that responds to concerns raised by the Action Group. In summary the joint statement:

  • Reaffirms EQC’s position that it will reinstate earthquake damage to a condition substantially the same as “when new”, which includes complying with any applicable laws.
  • Makes clear that if to repair an earthquake damaged part of a house means work is required on an undamaged part of the house, EQC will cover the cost of this extra work.
  • Also reaffirms that while EQC gives due consideration to the MBIE guidance on floor levels it does not use the guidance as its only benchmark to determine whether or not it has fulfilled its repair obligations under the EQC Act.
  • Reassures EQC customers that the standard of repair used by EQC is the same whether they are cash settled or if their home is repaired as part of the Canterbury Home Repair Programme.

How EQC settles any particular claim applying the principles in the joint statement depends on a raft of facts specific to each home.

How EQC applies the settlement principles

The joint statement from EQC and the Action Group

The settlement agreement between EQC and the Action Group (PDF)

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