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Limitation- Time running out on claims

Limitation- Time running out on claims

Wednesday, 5 April 2017 8:20 p.m. by GrantShandLawyers Popular

Last year insurers issued statements about dates on which they would rely on a defence under the Limitation Act(s) that require court proceedings to be brought within 6 years on which a homeowner could first sue otherwise the claim is no longer enforceable.  Those dates are fast approaching.  AA, Vero, FMG, MAS, and the IAG brands agreed not to plead a limitation defence for any residential earthquake damage claim where proceedings are filed in Court before 4 September 2017.  Southern Response w ...

EQC- November 2016 Quake Update

EQC- November 2016 Quake Update

Wednesday, 5 April 2017 7:38 p.m. by GrantShandLawyers

Here is a link to the EQC update about claims from the November 2016 earthquake.  Apparently EQC has received about 38,000 residential claims with 71% for building damage only, 10% for building and contents, 9% contents only and 10% land damage.  EQC has retained management of the land claims.  Insurers manage building and contents claims from the November 2017 quakes only.  Apparently the intention is to settle the majority of claims by the end of 2017.

It’s no April Fool’s Joke – Insurers Censoring Information Provided to Kaikoura Earthquake Claimants

It’s no April Fool’s Joke – Insurers Censoring Information Provided to Kaikoura Earthquake Claimants

Sunday, 2 April 2017 11:08 a.m. by EQCFix Popular

The Kaikoura District Council has removed the more than one hour long video of the eqcfix.nz presentation made to around 100 people in Kaikoura on the 23 March.

Derelict Buildings and the Christchurch CBD…

Derelict Buildings and the Christchurch CBD…

Friday, 31 March 2017 9:21 a.m. by ShakyTownBlues Popular

What’s new in High Street? News Flash…. After waiting for 6 years,  our neighbouring building owner has finally agreed to put his building on the market. It has gone from this:   To This: Yeah ha…. With a bit of  …

Red zone regeneration planning gets approval

Red zone regeneration planning gets approval

Thursday, 30 March 2017 2:45 p.m. by Regenerate Featured Popular

 

Ōtākaro Orchard crowdfunding campaign reaches $60,000 target

Ōtākaro Orchard crowdfunding campaign reaches $60,000 target

Thursday, 30 March 2017 1:34 p.m. by PRNews Featured Popular

New Zealand's first urban food hub Ōtākaro Orchard is set to get planting, after the Christchurch community dug deep to hit its .

Experts share advice for navigating quake claims

Experts share advice for navigating quake claims

Wednesday, 29 March 2017 2:44 p.m. by EQCFix Popular

THE PRESS - PIPPA BROWN

An Accessible City: It’s no piece of cake

An Accessible City: It’s no piece of cake

Monday, 27 March 2017 8:05 p.m. by MakingChristchurch

By Rosalee Jenkin. 

Ever heard the phrase “you can’t have your cake and eat it too”?

It’s ringing loud and true in my ears these days, along with the sounds of construction and road works in central Christchurch; activities which are causing more than a little frustration.

Let’s get o ...

Young v Tower Insurance – costs

Young v Tower Insurance – costs

Friday, 24 March 2017 10:06 a.m. by GrantShandLawyers Popular

Mr Young and his co trustees had previously obtained a judgment against Tower Insurance on 7 December 2016 that their house was a rebuild at a cost of $1,620,887 together with general damages of $5ooo for Tower not providing a report.  The owners then asked the Court to order Tower to pay costs of $93,194 and disbursements of $102,259.91 (witness expenses and court fees).  This was said to be less than two thirds of the owners actual legal costs.  Tower said that any costs ought to be reduced si ...

Derelict Buildings in the Christchurch CBD & the Minister for Building & Construction.

Derelict Buildings in the Christchurch CBD & the Minister for Building & Construction.

Friday, 24 March 2017 9:03 a.m. by ShakyTownBlues Popular

Well that was a bit of a joke.   An answer from The Minister for Building and Construction, Dr Nick Smith.  He tells me: “I am unable to get involved in individual disputes”…. “talk to the Christchurch City Council…”  or ” …

Press Release: Christchurch City Council has no answers

Press Release: Christchurch City Council has no answers

Thursday, 23 March 2017 10:27 p.m. by EmpoweredChCh Popular

Southland Stadium Appeal – Council held not liable

Southland Stadium Appeal – Council held not liable

Wednesday, 22 March 2017 8:22 a.m. by GrantShandLawyers

By the judgment 21 March 2017 in Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust [2017] NZCA 68 the Court of Appeal allowed the Council’s appeal against a High Court (Dunningham J) judgment that it was liable to pay in excess of $16M for the roof collapse of Southland Stadium in September 2010.  The only Council act within the limitation period was the Council issuing a code compliance certificate on 20 November 2000.  The Court decided that the Trust had not r ...

High Street – Derelict Buildings in the Christchurch CBD…

High Street – Derelict Buildings in the Christchurch CBD…

Thursday, 16 March 2017 9:37 a.m. by ShakyTownBlues Popular

What’s New in Lower High Street: 6 years and 1 month after the 22nd February 2011 quake and still neither the Government or the Christchurch City Council have made any attempt to deal with building owners who refuse to repair/sell …

Actual floor area v Insured floor area

Actual floor area v Insured floor area

Tuesday, 14 March 2017 10:05 a.m. by GrantShandLawyers Popular

In Myall v Tower Insurance Ltd [2016] NZHC 251 the High Court (Dunningham J) considered Tower’s obligations under the insurance policy where the actual floor area was 799m2, but the owner had insured the house for only 650m2.  The number of rooms and amenities were not specified on the insurance policy schedule which only referred to the insured house being a house built in 1885  with an area of 650m2.  There were 8 bedrooms and 6 bathrooms. Tower calculated the premiums based on 650m2.  T ...

Learning from recent earthquakes

Learning from recent earthquakes

Monday, 13 March 2017 9:52 p.m. by CanterburyUniversity Popular

Animals and natural disasters - Learning from recent earthquakes

Spark to establish a new office in Christchurch CBD

Spark to establish a new office in Christchurch CBD

Tuesday, 7 March 2017 1:36 p.m. by PRNews Featured Popular

Release: Spark NZ

Too much space and too little time

Too much space and too little time

Saturday, 4 March 2017 9:36 a.m. by MakingChristchurch Popular

This article was 

Christchurch has made a bit of a mess of its consultation and planning processes post-quake, but the discussions over Cathedral Square and the residential red zone offer a chance to address this problem and produce some better results.

Both are complex projects that mix publicly owned land with ...

District Court Limit now $350,000

District Court Limit now $350,000

Friday, 3 March 2017 10:41 a.m. by GrantShandLawyers Popular

As of 1 March 2017 the District Courts Act 2016 is in effect so that the District Court can now accept claims up to $350,000 rather than the previous $200,000.  This will enable many earthquake insurance/eqc claims to be filed in the District Court with its cheaper filing fee ($200 vs $1350).  The District Court also operates a quick track for earthquake claims shortening time frames for events.

Reflecting on glass

Reflecting on glass

Thursday, 2 March 2017 5:44 a.m. by MakingChristchurch Popular

Inaccessible City- The CHCH CBD

Inaccessible City- The CHCH CBD

Wednesday, 1 March 2017 9:25 a.m. by ShakyTownBlues Popular

As a follow on from my last post in January. I note that I have not had a response from the Building Minister, Nick Smith, regarding the implementation of stronger legislation in Christchurch or even attempt to force recalcitrant building …

Western Pacific Insurance policy holders get pay out

Western Pacific Insurance policy holders get pay out

Tuesday, 21 February 2017 8:27 p.m. by PRNews Popular

Western Pacific Insurance policy holders get pay out

22 February 2017: Christchurch Earthquake Protest No. 2

22 February 2017: Christchurch Earthquake Protest No. 2

Tuesday, 21 February 2017 8:21 p.m. by EmpoweredChCh Popular

Cantabrians encouraged to take action for their mental wellbeing

Cantabrians encouraged to take action for their mental wellbeing

Tuesday, 21 February 2017 8:19 p.m. by Allright Popular

As we approach the 6 anniversary of the 22 February 2011 earthquake, Cantabrians are reminded to take a moment to think about what they are doing for their mental health

Customer newsletter February 2017

Customer newsletter February 2017

Monday, 20 February 2017 11:54 p.m. by SouthernResponse Popular

Click to read our latest customer newsletter.

River of Flowers to mark the sixth anniversary of the February earthquake

River of Flowers to mark the sixth anniversary of the February earthquake

Monday, 20 February 2017 10:33 p.m. by AvonOtakaro Featured Popular

Christchurch Civil Defence Update #5  Wednesday 15 February 2017

Christchurch Civil Defence Update #5 Wednesday 15 February 2017

Wednesday, 15 February 2017 11:41 p.m. by GovtCCC Recommended Featured Popular

POLICE UPDATE 2: Evacuation centres in place for Canterbury

POLICE UPDATE 2: Evacuation centres in place for Canterbury

Wednesday, 15 February 2017 7:16 p.m. by PRNews Popular

UPDATE 2: Evacuation centres in place for Canterbury

Ōtākaro Orchard launches crowdfunding for edible park

Ōtākaro Orchard launches crowdfunding for edible park

Tuesday, 14 February 2017 2:43 p.m. by PRNews Popular

Press Release: Otakaro Orchard

  Insurers settle $2.7 billion Canterbury claims in 2016

Insurers settle $2.7 billion Canterbury claims in 2016

Wednesday, 8 February 2017 3:14 p.m. by InsuranceCouncilNZ Featured Popular

Insurers settle $2.7 billion Canterbury claims in 2016

International architecture firm makes Christchurch home

International architecture firm makes Christchurch home

Wednesday, 8 February 2017 3:09 p.m. by PRNews Popular

Release by: Marchese Partners

Southern Response appeals class action decision

Southern Response appeals class action decision

Monday, 30 January 2017 1:51 a.m. by SouthernResponse Popular

Southern Response has today filed an appeal of the recent decision by the High Court to allow a proposed class action to proceed.

The back story to the legal action IAG and Tower have launched against EQC

The back story to the legal action IAG and Tower have launched against EQC

Saturday, 28 January 2017 7:54 p.m. by EQCFix Popular

How EQC has avoided being stung by rising land values; Cameron Preston has the back story to the IAG and Tower have launched against EQC

Customer newsletter January 2017

Customer newsletter January 2017

Friday, 27 January 2017 2:44 a.m. by SouthernResponse Popular

to view our latest customer e-newsletter.

Earthquake Strengthening legislation -one rule for Wellington and for us?

Earthquake Strengthening legislation -one rule for Wellington and for us?

Thursday, 26 January 2017 8:45 p.m. by ShakyTownBlues

“The Government is using emergency powers introduced after the November 2016 quake to require the work in Wellington, Lower Hutt, and Blenheim, where there is a heightened risk of an aftershock, to force 300 building owners to strengthen within a …

Earthquake Strengthening legislation

Earthquake Strengthening legislation

Thursday, 26 January 2017 8:45 p.m. by ShakyTownBlues Popular

“The Government is using emergency powers introduced after the November 2016 quake to require the work in Wellington, Lower Hutt, and Blenheim, where there is a heightened risk of an aftershock, to force 300 building owners to strengthen within a …

University releases future plans for campus

University releases future plans for campus

Monday, 23 January 2017 9:20 p.m. by CanterburyUniversity Popular

A University of Canterbury master plan to guide campus development for the next 30 years proves the University has largely completed its earthquake recovery, according to Vice-Chancellor Dr Rod Carr.

How many  Bars and Cafes do we need?

How many Bars and Cafes do we need?

Wednesday, 18 January 2017 9:45 a.m. by ShakyTownBlues Popular

How many bars and cafes does the Christchurch CBD need?  The short answer is not as many as it has. I see that Liz McDonald from The Press has written a few articles and begun to discuss the issue.  The …

Consent refunds

Consent refunds

Friday, 13 January 2017 1:55 a.m. by SouthernResponse Popular

You may have heard some comments in the media recently about refunds due when a building consent lapses.

Christchurch Cathedral Ruins

Christchurch Cathedral Ruins

Wednesday, 11 January 2017 7:06 a.m. by ChChEarthquakeNews Popular

Early in January 2017, I visited Christchurch Cathedral. Well I viewed it through the fences that have surrounded it for almost six years now. Once the heart of the city, it stands in ruins, its fate still uncertain. Most locals have strong opinions about whether it should be saved or not. Some are for and some against but few are neutral. Maybe 2017 will bring a decision!














Southern Response Group Action

Southern Response Group Action

Thursday, 22 December 2016 10:44 a.m. by GrantShandLawyers Popular

On 16 December 2016 Gendall J in the judgment in The Southern Response Unresolved Claims Group v Southern Response Earthquake Services Ltd [2016] NZHC 3105 gave approval to the proceedings against Southern Response being brought as a representative action.  The Group currently comprises 41 members who allege that Southern Response engaged in a strategy to improperly minimise its overall financial exposure to Canterbury earthquake claims.  The strategy is detailed in the judgment.  Gendall J also ...

Quake Outcasts appeal to Supreme Court

Quake Outcasts appeal to Supreme Court

Wednesday, 21 December 2016 12:41 p.m. by GrantShandLawyers Popular

In Quake Outcasts v Minister for Canterbury Earthquake Recovery [2016] NZSC 166 the Supreme Court dismissed an appeal by QO to appeal directly to the Supreme Court from a High Court decision dismissing their judicial review application of the revised compensation offers.  The court decided there were no reasons to allow the QO to skip the Court of Appeal.

Lawyer liable for no earthquake insurance

Lawyer liable for no earthquake insurance

Wednesday, 21 December 2016 11:46 a.m. by GrantShandLawyers Popular

The High Court has decided in Witty v Rout [2016] NZHC 3016 that a lawyer is liable for failing to insure a house for earthquake damage as part of administering an estate.  Ms Hampson died on 15 September 2010 and probate was granted to Messrs Witty and Rout on 4 October 2010.  The insurance over the property came to an end in November 2010 as the premiums were not paid, so the property was uninsured when it was damaged in the 2011 earthquakes.  Mr Rout was sued in his capacity as executor and a ...

Quake Prone Buildings….again or is that still….

Quake Prone Buildings….again or is that still….

Tuesday, 20 December 2016 10:27 a.m. by ShakyTownBlues Popular

There has been a flurry of articles recently, about quake prone buildings.  I do not expect any action to be taken as a result of these articles.   I think that this issue is way too hard for the powers that …

Giant arcade game for the streets of Christchurch!

Giant arcade game for the streets of Christchurch!

Monday, 19 December 2016 2:34 p.m. by GapFiller Featured Popular

This summer, visitors to the central city of Christchurch will be able to play a giant outdoor arcade game, the first of its kind in the world in Gap Filler’s latest project - Super Street Arcade. The giant joystick, standing over a metre tall with buttons the size of dinner plates, needs to be pulled, pushed, twisted and jumped on by several players at once, all communicating and combining movements to achieve success in the game. And because the details matter, there is even a high score ...

CTV investigation – December 2016 media update

CTV investigation – December 2016 media update

Monday, 19 December 2016 2:20 p.m. by PRNews Popular

Press Release: New Zealand Police

Proposed process for regeneration planning announced

Proposed process for regeneration planning announced

Friday, 16 December 2016 3:34 p.m. by Regenerate Featured Popular

The proposed approach for developing a Regeneration Plan for the entire residential red zone along the Ōtākaro/Avon River corridor from Barbadoes Street to Bexley has been published today by Regenerate Christchurch.

Class action announcement

Class action announcement

Friday, 16 December 2016 5:55 a.m. by SouthernResponse Popular

You may see some media coverage over the next few days regarding the class action and the High Court decision released today.  Please see our statement below.

Class action announcement, December 2016

Class action announcement, December 2016

Friday, 16 December 2016 5:55 a.m. by SouthernResponse

You may see some media coverage over the next few days regarding the class action and the High Court decision released today. 

Life in the Christchurch CBD Red Zone….

Life in the Christchurch CBD Red Zone….

Thursday, 15 December 2016 9:08 a.m. by ShakyTownBlues Popular

Due to the fact that the Christchurch City Council does not do any maintenance in parts of our street (ie cleaning, removing rubbish, fixing water leaks etc) in the red Zone fenced off area,  we have taken to doing our own rudimentary “street sweeping”.   It is a dirty,  wet, smelly and unhygienic mess.  We got tired of the mess being walked into our factory area!

Holiday hours December 2016

Holiday hours December 2016

Thursday, 15 December 2016 3:32 a.m. by SouthernResponse Popular

Below, you'll find the contact details for Southern Response over the upcoming holiday period.

December 2016 Customer Update

December 2016 Customer Update

Thursday, 15 December 2016 3:27 a.m. by SouthernResponse Popular

Please to view our latest e-newsletter.

Private insurers to handle EQC November quake claims

Private insurers to handle EQC November quake claims

Wednesday, 14 December 2016 9:45 a.m. by EQCFix Popular

THE PRESS, 13 DEC 2016

IAG welcomes streamlined earthquake claims

IAG welcomes streamlined earthquake claims

Tuesday, 13 December 2016 5:02 p.m. by IAGinsurance Popular

Insurers to take over EQC role for Kaikoura quakes

Insurers to take over EQC role for Kaikoura quakes

Tuesday, 13 December 2016 4:17 p.m. by GrantShandLawyers Popular

Simpler process for settling Kaikoura Earthquake claims 13 Dec 2016 An agreement between private insurers and the Earthquake Commission (EQC) will simplify how home and contents insurance claims are resolved for people affected by the Kaikoura Earthquake. Under the agreement, private insurers will act as EQC’s agents and receive, assess and settle home and contents claims for earthquake damage from their own customers, even those claims that are under the EQC cap. EQC will assess land damage as ...

EQC & Insurance Newsletter #13

EQC & Insurance Newsletter #13

Thursday, 8 December 2016 11:18 a.m. by GrantShandLawyers Popular

here is the link to the Grant Shand EQC and Insurance Newsletter#13

Prattley loses Supreme Court Appeal

Prattley loses Supreme Court Appeal

Tuesday, 6 December 2016 11:31 a.m. by GrantShandLawyers Popular

The Supreme Court on 6 December 2016 in Prattley Enterprises Ltd v Vero [2016] NZSC 158 dismissed an appeal by Prattley against the refusal of the Court of Appeal to set aside an insurance  settlement agreement and order Vero to pay it a further $2.7M for damage to Worcester Towers in the Canterbury earthquakes.  Vero insured the building on an indemnity, and not reinstatement basis for $1,605,000.  The property was damaged in September, December and February earthquakes.  It was demolished in S ...

Christchurch rebuilding- St Asaph Street Roadworks…

Christchurch rebuilding- St Asaph Street Roadworks…

Thursday, 1 December 2016 8:59 a.m. by ShakyTownBlues Popular

I have been watching the new road works proceeding in St Asaph Street with some horror.  Not only is the new High Street entry from Madras Street damn dangerous (you have a constant stream of one way traffic behind you …

Tower- Financial issues- Sue now and collect $$ soon

Tower- Financial issues- Sue now and collect $$ soon

Wednesday, 30 November 2016 8:29 a.m. by GrantShandLawyers Popular

Here is a link to Tower’s 29 November 2016 announcement to the market about its $21.5M loss for the year to 30 September 2016 and its intent to try to separate out its Canterbury earthquake liabilities into a Ru off company.  It says that it has 564 claims unsettled in Canterbury for which it has made a gross provision of $149M.  It says of this 564 there are 311 that are complex and challenging.  The provision works out at $264,000 per claim.  Seems a bit low to me.  It is also uncertain ...

EQC- Earthquake numbers

EQC- Earthquake numbers

Wednesday, 30 November 2016 8:02 a.m. by GrantShandLawyers Popular

EQC expects 50,000 claims from the Kaikoura earthquake(s).  It has received about 10,000 so far.  EQC received more than 460,000 claims for 166,000 buildings in Canterbury.  EQC says it has about 5000 failed remedial work claims to deal with.  EQC says that it has 3647 land claims to settle in Canterbury.  It says it has resolved 49,000 land claims so far.  Resolved to EQC means EQC has paid what it think it owes.  The Crown has not received any payments from EQC for land damage to red zone land ...