An act to amend and consolidate the law pro viding for a moratorium and restricting the liability of mortgagors of land. Dame silvia remains focused on concluding the inquiry and reporting to the governorgeneral as soon as. Natural disaster damage is defined in the earthquake commission act 1993. Subject to any regulations made under this act and without limiting the liability of the commission under this act, any payments or expenditure for which the commission may be liable under this section shall be made as soon as reasonably practicable, and in any event not later than 1 year after the amount of the damage has been duly determined. Through the 1980s, insurance arrangements made in an era of collectivist. Under the earthquake commission act 1993 the act, this means that eqc is liable to pay any costs reasonably incurred to replace or repair the damaged part or parts of your home to a condition which is substantially the same as but not better or more extensive than its condition when new. Earthquake response summary researchers largely agree that wastewater injection into the arbuckle formation, the states deepest formation, poses the largest potential risk for induced earthquakes in oklahoma. Earthquake commissions interpretation of the earthquake. Householders guide to eqcover printer friendly pdf 487 kb. Commission regulation ec no 19982006 of 15 december 2006. Earthquake claim liabilities as at 30 september 20.
Where the policy insures home at more than one named location, for the purposes of the earthquake commission act 1993, each location is deemed to be subject to a separate contract. National environmental management act, 1998 acts online. Subject to any regulations made under this act and without limiting the liability of the commission under this act, any payments or expenditure for which the commission may be liable under this section shall be made as soon as reasonably practicable, and in any event not later than 1 year after the amount of the damage has been. The bill amends the earthquake commission act 1993 the principal act. New zealand high court rules on earthquake commissions. This bill is available online from the related links panel. Earthquake commission act 1993 and the earthquake commission regulations 1993.
Earthquake response summary oklahoma corporation commission. The scheme was established by the building services corporation regulation 1990. These sections provide that the building or property is insured for their replacement value, which is a defined term in the act. The governing legislation is now the earthquake commission act 1993,8 supplemented by the earthquake commission regulations 1993. New zealands future natural disaster insurance scheme. Officials consulted my office as part of the policy development. Earthquake commission act 1993 no 84 as at 01 july 2019. Meaning of indemnity value in earthquake commission act 1993. Proposed changes to the earthquake commission act 1993. Note 4 at the end of this reprint provides a list of the amendments incorporated. Confiscation, war, radioactivity, terrorism, natural.
Earthquake commission regulations 1993 sr 1993345 as at. The treasury has released a first batch of submissions on the 2015 discussion document. New zealands future natural disaster insurance scheme proposed changes to the earthquake commission act 1993. But here i will concentrate on schedule 3 of the eqc act 1993, which states. It operates under the provisions of that eqc act and of other relevant law, such as the crown entities act 2004. Learn vocabulary, terms, and more with flashcards, games, and other study tools. B the last date of receipt of applications, complete in all respect is 12. It was based on a model of liabilities developed by craig. Direction to the earthquake commission 2017au2688 new. Direction to the earthquake commission 2001go7946 new. New zealand high court rules on earthquake commission s reinstatement argument b.
Oilgabonenq 2d seismic survey2514 2 satisfaction of oil, no further correspondence will be madeentertained against the subject tender. Earthquake commission act 1993 no 84 as at 01 july 2019, public. The earthquake commission eqc had determined that damage to the complainants pool house fell outside the scope of cover under the earthquake commission act 1993 the act. Ip4215150 status and fu conversion of s liquid energy g. The commission monitors and responds to seismicrelated legislation, advocates on issues of importance, sponsors legislation, and works with its strategic partners on various issues that help reduce earthquake risk reduction.
M earthquake commission eqc provides primary natural disaster insurance to the owners of residential properties in new zealand. Komihana ruwhenua, is a new zealand crown entity that invests in natural disaster research and education as well as providing natural disaster insurance to residential property owners. It is the only official and authentic publication of the laws of malaysia. Sres is the crownowned entity which emerged from a transaction whereby, with effect from 5 april 2012, the ongoing business of. This is a reprint of the earthquake commission regulations 1993 that incorporates all the amendments to those regulations as at the date of the last amendment to them. In reaching that conclusion, we have considered the consistency of the bill with s 14 freedom of expression and s 271 right to justice. Earthquake commission office of the auditorgeneral. The earthquake commission act 1993 gives the earthquake commission discretion to decline, or meet part only of a claim, where the certificate of title for the affected property contains such an entry. Repairs are costed in units that combine the costs of materials and.
Insurance case law update december 2014 hesketh henry. In the high court of new zealand christchurch registry civ20124091630 20 nzhc 230 in the matter of the declaratory judgments act 1908 between sunny alison june morley and new zealand trustee services limited first plaintiffs and mt vision limited second plaintiff and earthquake commission defendant civ20124091899. All these reports, and many of our earlier reports, are available in html and pdf format on. Lessons from the canterbury earthquake sequence dpmc. As a result of the canterbury earthquakes, many areas of the province suffered damage resulting in increased flooding vulnerability, ifv a phenomenon where as a consequence of the earth movements land levels changed becoming more prone to flooding and liquefaction. The court determined that lumleys topup cover to pay for damage caused by a natural disaster which was stated to be in excess of cover provided under the relevant provisions of the earthquake commission act 1993 was for cover in excess of eqcs actual statutory liability. Read the related media statement by hon dr megan woods on the beehive website. By sections view whole 224kb versions and amendments printdownload pdf 545kb. This section focuses on insurance principles and requirements of the earthquake commission act 1993 eqc act for damage to residential buildings arising from the. To provide for a coordinated federal program to accelerate development and dissemination of applications of high performance computing and highspeed networking, and for other purposes. Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint.
High court releases decision on eqc policy 12 feb 15. The earthquake commission act 1993 specified the time requirements for reporting a claim as. This effort has met with full cooperation on the part of the oklahoma energy industry. Jul 02, 2019 however, eqc is required to apply and act in accordance with the detailed provisions of the earthquake commission act 1993 when settling all claims. Eqc works across all elements of natural hazard risk management practice. The laws of malaysia series lom is a compilation and reprint of laws published in volume form pursuant to section 14 a of the revision of laws act 1968 act 1. Earthquake commission amendment bill nz legislation. Eqc provides cover for earthquake claims under the earthquake commission act 1993 the act. The earthquake commission the commission, a body charged with administering insurance under the terms of the earthquake commission act 1993, recently developed a policy which sought to clarify when compensation may be awarded to a claimant, where a property suffered from ifv the policy. Earthquake commission act 1993 the act to put a homerepair programme in. My comments on the bill relate solely to clause 31a, which provides for eqc to release and publish information. Whether the earthquake commission was unreasonable to decline compensation for damage to the pool house enclosing a swimming pool at a christchurch propertyombudsman concluded eqcs decision was not unreasonable. The national environmental management act, 1998 act no.
The supreme courts judgment in ridgecrest disposed of the doctrine of merger in the context of eventbased policies, but identified the indemnity principle as a bar to the double counting of damage. The following is a summary of the earthquake hazards reduction act of 1977 public law 95124, 42 u. The oklahoma corporation commission is issuing new guidance for oil and gas operators that affects more than 400 arbuckle disposal wells and 5,000 square miles. He noted that sections 18 and 20 dealt with residential buildings and personal property respectively. New zealands future natural disaster insurance scheme proposed changes to the earthquake commission act 1993 about nzba 1. Investigation of contracting practices at new mexico interstate stream commission. Public inquiry into the earthquake commission 12 november 2018 amended to update the inquiry reporting date on 5 july 2019 background and status as a matter of public importance the commission is a crown entity established under the earthquake commission act 1993 the act. Submission on proposed changes to the earthquake commission act 1993 discussion document 1. Section 28 limitation notices eqc earthquake commission. However, eqc is required to apply and act in accordance with the detailed provisions of the earthquake commission act 1993 when settling all claims.
Judgment summary earthquake commission v insurance council of new zealand incorporated and others. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Jul 01, 2019 this is a reprint of the earthquake commission regulations 1993 that incorporates all the amendments to those regulations as at the date of the last amendment to them. It was established in its current form by the earthquake commission act 1993, which was a continuation of the earthquake and war damage commission, set up in 1945. Householders guide to eqcover this is a customer guide to the earthquake commission act 1993 and the earthquake commission regulations 1993, as at april 20. It may also be useful for ongoing discussions about proposed revisions to the earthquake commission act 1993 and the insurance law reform act 1985. Annex two contains details of other legislation relevant to eqc. Governmentsponsored natural disaster insurance pools. Under the act, claims must be reported to eqc within 90 days of the occurrence of any natural disaster damage. Earthquake commission wikipedia republished wiki 2. This bill amends the earthquake commission act 1993 to update and improve the operation of the act by focusing on simplifying and speeding up the handling of claims for natural disaster damage, particularly when dealing with a largescale natural disaster. Local government act 1993 sect 31 classification of land.
While our primary focus has been on addressing outstanding claims from the 201011 canterbury earthquake sequence and the kaikoura earthquake, we had a number of much smaller events this year. Direction to the earthquake commission pursuant to section 112 of the crown entities act 2004, as permitted by section 51fii of the earthquake commission act 1993 this direction comes into effect immediately upon signing and applies from 4 september 2010. Department of water affairs and forestry departement van waterwese en bosbou no. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Eqcover is the earthquake commissions natural disaster insurance. Review of meaning of indemnity value under the eqc act and at common law. Earthquake commission amendment bill new zealand parliament. Pursuant to section 112 of the crown entities act 2004, as permitted by section 51fii of the earthquake commission act 1993. Areas closed to the mining application pursuant to the mining act of 1995 and in consonance with state policies and existing laws, areas may either be closed to mining operations, or conditionally opened, as follows. A point of particular interest arises in the decision. Earthquake commission must follow legislation on claim.
S new zealands earthquake commission eqc was set up in 1945 and is a government agency which provides a first layer of insurance cover against earthquakes and other natural disasters where a residential homeowner has full replacement value cover under an. Corporation commission implements new earthquake response. Judgment summary earthquake commission v insurance. Amendments are focused on simplifying and speeding up the handling of claims for natural disaster damage, particularly damage from a largescale disaster. It is to be noted by all concerned that no correspondence against. This direction comes into effect immediately upon signing and applies from 4 april 2017. San francisco, california, 1906 shock has been described in the california earthquake of april 18, 1906, report of the state earthquake investigation commission, in vol. Since september 2010, there have been no fewer than earthquakes which the eqc has recognised as giving rise to natural disaster damage. Seismic data consists of a series of recorded wiggle traces that describe a set of echoes from interfaces between rock layers in the subsurface that have. The earthquake commission eqc provides automatic first loss cover for.
This chapter discusses relationships between politicaleconomic ideology and earthquake insurance reform in new zealand. It was established in its current form by the earthquake commission act 1993. The christchurch earthquake information sharing code 2011 temporary. In the case of conflict between the information on this website and the provisions of the earthquake commission act, the provisions of the act will prevail. Earthquake commission addendum for vero agriplan confiscation, war, radioactivity, terrorism, natural disaster, natural perils, and land movement the general exclusion 1. The property was also insured with the second respondents whom we refer to collectively as ompl1 in respect of certain earthquake damage not covered by the earthquake commission eqc, on the basis set out in the relevant insurance policies. Alquist seismic safety commission, administrative services 2945 ramco street, suite 195.
Oig investigated an anonymous complaint alleging that the former director of the new mexico interstate stream commission isc and his staff improperly awarded solesource contracts. Earthquake power laws emerge in bamboo chopsticks w video. In a proactive approach, the oklahoma corporation commissions oil and gas conservation division ogcd and the oklahoma geological survey ogs have developed seismicity guidelines focused on operators in the scoop and stack. National information infrastructure act of 1993 1993. Securites commission act 1993 pdf securities commission. We have been asked by southern response earthquake services limited sres to make an assessment of its insurance liabilities as at 30 september 20. Jan 29, 2016 earthquake power laws emerge in bamboo chopsticks w video by lisa zyga, the sounds made when a bamboo chopstick is broken follow the three main power laws that describe earthquakes. Abrahamson list of tables table 1 examples of slip rates list of figures figure 21 horizontal strikeslip fault offset of the imperial fault in 1940 across the all. Indemnity value of a 37 year old retaining wall under the eqc act is its depreciated replacement value. This website gives you an overview of eqc entitlements and claims processes. Briefing for the minister in charge of the earthquake commission pdf. The provisions and its accompanying commentary have developed over the past quarter century into. Under the act, eqc can settle insurance claims for damage to.
The earthquake commission act 1993 23 the eca provides in s 181 for the insurance of residential property against natural disaster. This work ultimately aims to identify the impact of the public insurance for weather events. Engineering guidelines for the evaluation of hydropower projects. To coordinate with and assist the denr and the mgb in the implementation of the mining act and the irr. The bill amends the earthquake commission act 1993 the act to update and improve the operation of the act.
Media in category earthquake commission the following 4 files are in this category, out of 4 total. Section 19 is a similar provision relating to residential land. Earthquake commission regulations 1993 sr 1993345 as. Judgment summary michalik v earthquake commission duncan. Following the earthquakes, 11 schools were merged and schools were closed. Key provisions are section 18 residential buildings, section 19 residential land and section 20 personal property i. The bill has a focus on simplifying and speeding up claims handling for natural disaster damage particularly when dealing with a largescale natural disaster. Section 91 of the building services corporation act 1989 enables the establishment by regulation of two insurance schemes, one of which is the bsc comprehensive insurance scheme the scheme. Evaluation of earthquake ground motions page iii may 30, 2018 for the federal energy regulatory commission ferc by i. Introduction thank you for the opportunity to make a submission on the proposed changes to the earthquake commission act 1993 discussion document. Damage act 1941, laid the foundations for the present scheme. Sixty two written submissions were received in 2015 in response to the discussion document. Natural disaster damage in the home contents is deleted. Will a section 73 notice affect insurance cover by the earthquake commission.
This bill aims to update and improve the operation of the earthquake commission act 1993. Subject to paragraph 3, pay the amount of the damage to, or replace or reinstate at the commissions option, any residential land or any part of it that suffered natural disaster damage. It describes the cover you automatically get from the earthquake commission, if you have a home andor contents fire insurance policy. Investigation of contracting practices at new mexico. Most of the wastewater comes not from hydraulic fracturing operations, but rather from producing wells. Direction to the earthquake commission pursuant to section. Home contents maxi natural disaster damage the additional benefit 10. Householders guide to eqcover eqc earthquake commission.
In determining eqcs liability, justice williams began by looking at the earthquake commission act 1993 act. Earthquake hazards reduction act of 1977 amended 2004. This submission is from consumer nz, new zealands leading consumer organisation. To increase capacity, the fwua merged in 2001 with the joint underwriting association. The earthquake commission eqc continues to work towards its mission to reduce the impact on people and property when natural disasters occur. Chapter evaluation of earthquake ground motions final the final version of chapter, evaluation of earthquake ground motions, has been completed.
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