You are here

EQC clarifies its position on Limitations Act

The Earthquake Commission has further clarified its position about the length of time EQC customers have to legally challenge a settlement for a claim made under the Earthquake Commission Act.

Chief Executive Ian Simpson says that EQC is aware of concern among some lawyers and their clients that the six year limitation period under the Limitation Act will close on 4 September 2016 and any legal proceedings will need to be filed before then. 

“EQC wants to be clear that this is not its position and we consider the six-year limitation period to start from the date when an individual claim was settled or declined, as we stated in December 2015.
“It is from this point that the six-year time limit for bringing legal proceedings commences and not from the date of when an earthquake event occurred. This also means that the limitation period will vary from claim to claim.

“For example, there is no 4 September 2016 deadline to bring Court proceedings challenging an EQC claim settlement for damage caused by the September 2010 earthquake,” Mr Simpson says.

EQC has updated its website with a more detailed explanation of how it calculates limitation periods under the Limitation Act. Customers can rely on that statement if they decide to bring legal proceedings after 4 September 2016.

The updated statement is located here.

Page last updated: