assignment of eqc claim

Assignment of EQC claims

The Christchurch earthquakes changed the landscape in many areas of life. One such area is insurance. Prior to September 2010 the words “EQC claim” were never muttered by a Christchurch property lawyer. Nowadays, if a Christchurch property lawyer goes a day without mentioning those words, they have done extremely well.

Recently and with the recent events in Kaikoura in the forefront of our minds, we brought you an article that looked at some lessons learnt from the Christchurch earthquakes from a home owners perspective which you can find here . We thought that it would be also useful to also look at this issue from the purchaser’s perspective.

The area of EQC and private insurance claims has evolved significantly since September 2010 and in many situations the 2016 position is more complicated  than the position immediately after the earthquakes. This is mainly because many home owners have had pay outs for various aspects of damage to their properties, some of which has been completed and some of which has not. Almost all contracts for the sale and purchase of property contain provisions in relation to the claims that have been made on the property and the assignment or otherwise of those claims to the purchaser. Purchasers need to be on guard. The effect of getting these clauses wrong should not be understated. We offer the following tips to ensure that your interests are protected and no surprises occur on settlement.

Know your terminology

Be aware that there is a difference between an EQC claim and a private insurance claim. Unless there has been more than $115,000.00 damage to the property, an EQC claim will relate to damage to the dwelling and a private insurance claim will relate to aspects outside of the dwelling like the paths and the driveways.

Obtain information early on

In your discussions with the real estate agent, discuss with them the EQC and private insurance position of the property. In particular, what damage has occurred and obtaining scopes of work, did the vendor receive a cash settlement or did they have the repairs carried out by way of a managed repair process. This helps to inform you as to how much work has been completed on the property and the mode of repair.

Beware the cash settlement

If a cash settlement has occurred and the work has not been carried out, is the vendor agreeing to pay over the cash amount on settlement and if so, will the cash settlement be sufficient to complete the required work? If the cash settlement has been used to complete the work, can the vendor provide evidence (photographs, receipts and invoices) of the work having been completed? Often times, vendors who are cash settled for cosmetic work complete the work themselves. Therefore be wary of work that while technically “completed” has not been completed to a tradesman like standard. Your building report or other professional reports can be of use to determine the quality of work completed.

Obtain sign offs

If the work to the property has been carried out by way of a managed repair, ensure that you obtain all sign offs as well as any Council building consents and code compliance certificates in relation to the work. As you have probably seen in the media in recent times, even signed off work has had quality issues and therefore even with work that has been signed off, we would still encourage you to obtain independent professional reports to ensure the work has been completed to a good standard.

Feed back to your lawyer

The above information can then be fed back to your lawyer who can draft an appropriate clause in relation to the assignment of the EQC and private insurance claims. Your lawyer may want to confirm the information obtained with the vendor’s solicitor as well.

Make it a condition

You should consider making your approval of the EQC and private insurance information in relation to the property and the assignment of these claims a condition of the contract. This means that should any aspect of the EQC or private insurance position of the property that becomes clear through your due diligence process not be favourable to you, you have the ability to cancel the contract.

Beware of precedent clauses

We would caution you about relying on a standard EQC and private insurance provision that has not be tailored to the particular circumstances of the property. At Parry Field, we have more than 20 different clauses we use in relation to the assignment of EQC and private insurance claims so you can see that the variance is large.

Reliance on professional reports not commissioned by you

Be aware that professional reports (for example building and engineer’s reports) that are not commissioned by you (i.e. that you don’t pay for) can not be replied upon by you legally. Such reports must be commissioned and paid for by you if you wish to able to legally rely on them. Therefore, in a situation where a property has had significant damage, we would strongly encourage you to obtain your own structural engineer’s  report in relation to the property.

Honesty is the best policy

if there is work still to be completed on the property, you should disclose this to your insurer and bank as early as possible. In relation to your insurance, this will likely result in your insurer excluding the damaged areas of the property from your policy coverage until the work has been completed. However, this is certainly the lesser of two evils given that if your insurers find out that you did not disclose damage when you are making an insurance claim for further damage to your property (a fire for example), this could void your policy and you be left with some hefty clean up costs.

This is likely to be the biggest investment of you life so take your time, speak to your lawyer early to ensure the contract is right for you. This could save you thousands of dollars down the track.

This article is not a substitute for legal advice and you should talk to a lawyer about your specific situation. Should you need any assistance with this, or with any other Property matters, please contact  Paul Owens at Parry Field Lawyers (348-8480) [email protected]

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Assigning an EQC Claim

Have you bought or sold a house in Christchurch since February 2011? It’s unfortunate that ten years on from the devastating Canterbury Earthquakes, we are still dealing with the long-term damage to land, property and lives.

How did we get here?

In case you need a reminder, there was so much damage to be repaired in the wake of February 2011 it was difficult to see how it could all get done. Tradespeople from around New Zealand and the world flocked to Christchurch to lend a hand and their expertise to fix homes and make them livable again. Sadly, some people viewed Christchurch’s tragedy as a ‘get rich quick’ scheme and did not put in the time and effort to ensure their repair jobs were completed properly.

Ten years later, many in Christchurch are still fighting to have their homes repaired, or to have original ‘repairs’ to their homes fixed. It’s vital that if you’re buying property in Christchurch, you have any outstanding EQC claims transferred to you.

Still dealing with earthquake damage?

When an EQC claim is assigned or transferred, you as the new owner do not have the same entitlements as the previous owner. Importantly, if earthquake damage has been missed or repairs were not up to standard, having the original EQC claim assigned to you will allow you to reopen a claim.

If a property has been sold without the EQC claim being assigned, the new owner gets none of the benefits from the claim.

Since the earthquakes, the conveyancing team at Godfreys Law has helped many Cantabrians buy and sell property, and assisted them with managing EQC claims and paperwork. A respected local builder who has repaired many houses since 2011 passed on this story about the importance of assigning EQC claims with property transactions.

Case study: Check your EQC claim is assigned to you

The builder’s client was living in Unit One of a two unit flat with a shared wall, and had bought the unit in 2017. On discovering new cracks around the foundation and an increasingly uneven floor, the owner of Unit One engaged the builder and an engineer to see if the new damage was the result of a substandard repair. The builder and engineer both concluded that the original repairs were substandard, which is when EQC asked to see the assigned claim for Unit One.

After going through the conveyancing paperwork, Unit One’s owner couldn’t find the assigned claim. They went to the previous owner, who also hadn’t had the claim assigned. Neither person could track down the original property owner and claim holder from 2011, and the conveyancing lawyer who handled that transaction had since passed away. While EQC agreed with the builder’s and engineer’s findings, as the current owner of Unit One had not had the EQC claim assigned to them, EQC were under no obligation to fix the substandard repairs.

Thankfully this story has a happy ending. The adjoining unit owner in Unit Two had been living there since 2011 and held the original EQC claim. An assessment of their property showed they had the same foundation and floor level issues as their neighbour. In order to properly fix the foundation and floor levels of Unit Two, the entire structure needed its floors and foundations repaired. As the two units shared a wall, foundations and floor, Unit One was brought into the scope of works under Unit Two’s EQC claim.

What you need to know before you buy

Before you buy your next property in Christchurch, ask:

• Is there an existing EQC claim on the property?;
• Have funds settled by EQC with a previous owner been used to do the repairs?;
• Are there any quality issues or substandard repairs on work originally undertaken by EQC to settle the claim, or any missed earthquake damage still needing reinstatement?;
• Is there any pre-existing damage to the property not related to a natural disaster?

If you’re not sure about the answers to any of these questions, let us know. As part of our property conveyancing due diligence, we can highlight any of these red flags for you. We can also add a clause to the sales and purchase agreement to make sure you’re assigned the EQC claim for your new property.

Transferring EQC claims has become standard in Christchurch when transferring ownership of property, but sadly some people are still getting caught out. Have you bought a house in Christchurch since 2011 and you’re unsure whether the EQC claim has been assigned to you? Do you have questions about earthquake damage or substandard repairs, and want to know as much as you can about your next property? Contact Godfreys Law on 03 344 7469 to talk to one of our property conveyancing team.

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Buying a house after a natural disaster

Damage checks, repairs, insurance claims. How to assess risks in an area affected by earthquakes, floods or other natural disasters.

On this page

Know the house before you love the house. To avoid costly surprises down the track, it's a good idea to be thorough when considering buying property in a post-disaster area.

Buying a home anywhere requires some checks to give you confidence you're doing the right thing. In a known disaster-affected area, it's especially important to be aware of any potential issues or hazards with a house or area before you commit to buying.

Understand the impact of natural hazards - Understanding the impact of natural hazards | Settled.govt.nz (external link)

Many homes are repaired carefully following natural disasters like earthquake, flood, or landslips. But not all properties are sure to be a safe, sensible purchase.

Extra money, extra help

Anyone considering buying a house in an area affected by natural disaster should:

Budget for extra due diligence: Plan to spend more time and money assessing the condition of a house than you otherwise would.

You still need to do the basics, eg commission a builder's report, read the LIM report. But to learn about potential damage and repairs, and generally have peace of mind, you'll need to consult with experts.

The cost of extra checks can feel frustrating, but budgeting for these is better than finding out later you have an unsafe home.

Hire a building surveyor: Choose a registered expert with knowledge of structural damage and repairs.

Find a registered building surveyor (external link) — New Zealand Institute of Building Surveyors

Get independent legal advice: Talk to a lawyer with proven experience in conveyancing law and insurance claims. A Community Law Centre will be able to provide a list of lawyers who can help.

Find the nearest Community Law Centre (external link) — Community Law

Check out the house and area

Visit the property and have a good look around. This won't help you understand the structural condition of the house. But it will give you a sense of whether you want to learn more about the property. The EQC website has tips and videos.

Features to look for in a property (external link) — EQC

Find out how land and buildings in the area were affected by the natural disaster. Search online for news stories. Walk or drive around the neighbourhood to check if other homes are newly repaired or having building work done.

What to watch out for: If many homes appear to be new, freshly repaired, or have repair work underway, it can be a sign that most properties in the area were damaged in the disaster. If a seller says their home had no damage, or they didn't make an insurance claim, ask more questions. It's possible a cash settlement was awarded but not used for necessary repairs. As an interested party, you can also call EQC to find out whether the house has been the subject of a claim.

If you are thinking about buying the house, ask a building surveyor to inspect it. Ask for a report about any damage to the house, and the quality of any repair work.

Ask the seller or agent questions. Even for properties in good order, it's important to get correct, up-to-date information about damage and repairs.

Example — Extra inspection, just to be sure

Hannah and Elliot want to buy a house in an earthquake-affected area. A report from a pre-purchase building inspector shows it has "good bones" with no major problems needing attention. The interior has been upgraded following the quake, so the couple also hire a registered building surveyor to check how the house has been maintained for wear and tear, and how quake damage has been repaired. Hannah and Elliot learn the house had new floors and door frames installed to address post-quake problems. The surveyor helps them understand the history of repairs and improvements. Confident they won't be surprised by unexpected issues, Hannah and Elliot buy their first home.

Insurance claims

Ask the seller or real estate agent:

• Was the property damaged in the disaster?
• Were any insurance claims made?
• If yes, have the claims been settled yet?

If no claim was made

Take extra care looking over the home and property. Commission a report from an expert, eg registered building surveyor or engineer. Ask them about their area of expertise and any limits to what they can advise you on. They should pay close attention to:

• uneven floor levels
• stuck or loose doorways into rooms
• stuck or loose doors on cabinetry
• any leaking or cracking.

Find an engineer (external link) — Engineering New Zealand

If claims were made

Find out which insurers are involved. It might be EQC alone, or there could be claims with EQC and a private insurer, eg if the cost of repairs go over the EQC cap.

Ask if settled claims were resolved through a cash settlement or managed repair. This casts light on what documents and evidence you should check.

Check what you will be entitled to if any insurance claims are transferred to you:

• EQC claims , or parts of claims, transferred to a new owner give that person the same entitlements as the previous claim holder. This means the new owner will receive any remaining entitlement up to EQC’s cap for a natural disaster event.
• Private insurance claims work differently. A new owner might not be entitled to the same benefits assigned to the previous owner. Seek legal advice to understand what transferring any claims would mean for you.

To receive information as an authorised party, ask the claim holder to sign a privacy waiver so private insurers can consider sharing details with you. EQC can release limited assessment and repair information without authorisation, but you are encouraged to get a privacy waiver which then allows EQC to discuss the claim details and history in full.

What to watch out for: Insurance claims are held by people, not properties. Ask the seller or agent if all claims have been transferred to the most recent owner. As an interested party, EQC can provide you with a summary of building claims made in relation to a property. The information they can provide is limited but will let you know if any insurance claims exist, but have not been transferred.

If claims were settled

An accepted insurance claim is settled by either:

• Cash settlement — money to pay for repairs.
• Managed repair — the insurer pays tradespeople to complete repairs.

Cash settlement

The insurer pays the property owner directly if there is no mortgage. If there is a mortgage, cash settlement goes through the lender. The owner and lender then agree how to release money for repairs.

All cash settlements include an agreement on how funds need to be spent, and most owners are responsible and use the money for repairs. To protect your interests, it's good to do extra checks.

Ask the seller to see:

• documentation of damage, eg photos, quotes for repair, insurer's scope of works
• proof of the amount paid, eg receipts from tradespeople
• evidence of repairs, eg code compliance certificate, producer statements from construction professionals.

Search online to check that tradespeople or engineers who worked on the property are licensed and reputable.

What to watch out for: If the seller says repair work has been done but they can't or won't provide proof, it's possible they decided not to use their insurance payment for repairs. This is a warning sign. It means a house might have issues the seller is not aware of, or that haven't been disclosed. As an interested party, you can contact EQC to request copies of the scoping and assessment documents completed in relation to the property. This may then help you query the seller on repair work carried out.

Managed repair

• damage report or scope of works, setting out how the home was damaged and which repairs or replacements were needed
• repair statements, code compliance certificates, or other documents showing the sign-off of repairs — these show an inspector has checked the repairs and is satisfied.

Check the date on damage reports. Reports issued soon after the damaging event can be overridden by later reports as more investigations are carried out — especially if the damage value goes over the EQC cap.

Any home buyer can ask the seller for documents about repairs from EQC or a private insurer. If these are not available, it's possible the previous owner accepted a cash settlement for the value of damage to the house.

If claims are yet to be settled

If insurance claims for damage to a house you want to buy haven't been settled, talk to a lawyer to find out what this means for you. It could mean repairs haven't been completed and might end up being your responsibility. Ask what rights you will get if any insurance claims are assigned to you.

An ‘as is, where is’ sale suggests a house is being sold in its current state. The seller may not know about necessary repairs. Make sure you understand any known issues.

Gather documents and records

Make an effort to understand as much as you can about the house. The type of information you can get might include:

• how the house and area were affected by the event, eg flood, landslip, earthquake
• the sales history of the property, including previous owners
• how any settled insurance claims for damage have been resolved, eg cash settlement or managed repair programme
• if any insurance claims are yet to be settled
• if repairs to fix damage meet building requirements
• if the property has been sold since the event
• the possibility of damage that has not yet been identified.

Information has its limits. That's why it's so important to get as much of it as you can — to complete the picture.

Here is a list of records you can ask for, and the limits of each:

Request any information the seller has. This might include various technical assessments, the claim history, development of reported damage, scope of works and cost estimate, and what work has been completed.

This is an assessment of damage to the property. It's possible for a property to be assessed more than once after a natural disaster, so there might be more than one report. Damage reports are useful but not always comprehensive. Some damage is not obvious, eg a crack under carpet won't necessarily be visible to assessors. Some damage can appear, or worsen, after a report is delivered. It can also be hard to know if there are reports the seller or agent isn't aware of.

This sets out work required to fix damage, and the estimated cost of the work. Check this document has a date, and includes all costs of completing the work. A scope of works can only estimate costs to repair damage that has been identified. It shouldn't be relied on as a definite statement of how much it will cost to fix all damage.

Get the property's LIM (Land Information Memorandum) report from the local council. If the seller's other documents say repair or replacement work has been carried out, the LIM might include building consent. This tells you what work has been done and whether it is up to council building and safety standards. Not all repair work will be recorded by the council because many repairs don't require consent.

Ask if the council has extra information, eg flood mapping, land contours.

These show which tradespeople completed repair work, and what materials and methods they used.

You can ask the seller to waive privacy rights so their insurance company can share the claims file. A privacy waiver allows the company to share this information with you, but doesn't legally require them to. This means you might not be able to access information in the claims file, even if the seller agrees to you accessing it.

Search online for the sales history of a property. This will show the date and price each time it has been sold. If the property has been sold since the disaster, it might take you a bit longer to find out about any claims lodged by previous owners with EQC or private insurers.

If you're looking to buy a residential property in Canterbury, you can check if a Canterbury earthquake sequence claim has been lodged by a previous owner and decide whether you require more information on the claim as part of your pre-purchase due diligence.

What to watch out for: If any developers or building companies are listed as owners since the damaging event, do extra checks. Search online to research their reputation. Ask a building surveyor to pay particular attention to repair work. Most previous owners are responsible. But some take advantage of an opportunity to profit from cosmetic improvements, eg a fresh coat of paint or new curtains, without repairing structural damage.

As an interested party, you can request information relating to the assessment and repair of a property directly from EQC. The information will be redacted to protect the privacy of the current homeowner, but will provide you with an outline of any damage found.

EQC can’t release settlement figures to interested parties but this can be made available to those who have a conditional sales and purchase agreement. You can request information as an interested party and find out further information on the EQC website.

Requesting claim information (external link) — EQC

Take time to consider and compare the documents you have access to. Get expert help. Pay particular attention to this step to give yourself confidence about whether or not to buy the house.

What to watch out for: If you notice anything out of the ordinary, eg a big difference in the amount paid out and the cost of repair work, the seller may be keeping information from you. This is a warning sign. It could mean damage hasn't been repaired and may cause problems in the future.

If you are the new property owner or hold a conditional sales and purchase agreement, you can ask EQC to provide copies of the scoping, repair and settlement documents on file. This can then help you to compare the damage found against the damage fixed.

Types of expert help

Buying a home is a big deal. In an area recovering from natural disaster, it is even more important to carefully consider the pros and cons. You can assess risk yourself, but expert advice is the best way to make an informed decision about buying in a disaster-affected region.

Lawyers can help you interpret insurance information. They can explain issues relating to insurance policies, and your rights and obligations when purchasing property affected by natural disaster. A lawyer can help you access documents you're entitled to. They might be able to liaise with insurers on your behalf.

Registered building surveyors can identify damage and advise you about the quality of repair work. They know about construction issues, and can help you interpret damage reports and scope of works information. A registered building surveyor can tell you if something needs further investigation, and who else to seek help from.

Pre-purchase building inspectors/pre-purchase building surveyors can provide a pre-purchase condition record. Choose an accredited inspector who complies with NZS 4306 — the New Zealand standard for property inspections.

Builders can advise on the condition of a house. Not all builders are qualified to inspect natural disaster damage — and builders can't say what would or wouldn't be covered by insurance.

Residential risk analysis specialists can help you compare repair quotes, receipts and work completed. They can help you decide if buying a particular property is the right thing to do.

When you buy

As a condition of purchase, ask the seller to transfer any insurance claims for damage to you through a deed of assignment. There may be one or more claims from EQC or a private insurer. You can use the sale and purchase agreement to cover detail of claims being transferred, and ask your lawyer to carefully check any conditions in the agreement.

Transferring claims into your name is a vital step.

• Settled claims: transferring gives you the ability to liaise with insurers about past claims on your new property. It means you know the history of the claim and can take action if you have any concerns later. It might mean you can take over the rights of the seller.
• Yet to be settled: transferring claims into your name means you might get remaining entitlements held by the previous owner(s), eg payments for repairs.
• Send your Deed of Assignment to EQC for processing: This will ensure they have you on file as a claim contact ready for any future interactions.

Transferring a property claim (external link) — EQC

If something goes wrong

There might not be a way to resolve any problems that appear after you buy the house. This is why it's very important to devote time and energy to assessing any risks before buying property in an area recovering from a natural disaster.

If there's a problem with your new home, it's best to seek legal advice.

If the seller or their representative, eg real estate agent, lawyer, deliberately didn't share information about a known problem, that's illegal. You can take legal action.

Solving issues with the real estate agent or owner

Working with a lawyer or conveyancer

Related pages you might find useful

Emergency repairs, looking for other topics.

Breadcrumbs

• Buying a home
• Researching the property

Understanding the impact of natural hazards

When you’ve found the property you want to buy, it’s important to find out as much as possible about potential hazards before you make an offer.

Summary of important things to know

Before you buy, find out if any natural events are relevant to the property and how you may be able to reduce the risk of damage.

If you’re interested in a property in an area impacted by earthquakes, you should get it inspected by an appropriately qualified professional.

If the property has been the subject of an EQC claim, check the EQC scope of work to see what was done and seek legal advice before you sign a sale and purchase agreement.

This information on natural hazards may not cover everything that is relevant to you or the property. You should always get advice from your own lawyer or conveyancer and other registered professionals.

Natural events

New Zealand is at risk of many types of natural events. Before you buy a property, find out if natural events could impact the property and how you may be able to reduce the risk of damage to buildings and land.

Hazards to consider include:

• earthquakes
• volcanic eruptions
• hydrothermal activity such as hydrothermal eruptions, ground subsidence and gas emissions.

The local council should have information on any hazards for the property you are considering. Some of this information may be available free of charge, or you could order a land information memorandum (LIM) report. Read more about LIMs here .

Visit the  Earthquake Commission (EQC) (external link)  for more information on what to look out for.

Buying after an earthquake

Even small earthquakes can damage a home depending on its design, construction and the land it sits on. Pay particular attention to chimneys, foundations and retaining walls, noting their construction and quality. Land can also become less stable.

These features can make some homes susceptible to earthquake damage:

Houses on slopes with large open internal spaces.

Pole houses on slopes with limited foundation bracing.

Houses with more than one type of foundation, for example, concrete slab foundations as well as timber piles.

Houses with irregular design shapes or several split levels.

Double skin brickwork and unreinforced concrete block walls.

If you’re interested in a property in an area impacted by earthquakes, you should get it inspected by an appropriately qualified professional. We recommend using an independent property inspector or structural engineer who can assess and identify any issues.

A building inspector will assess the home, or particular features of the home, and prepare a report for you. Make sure you know what they will include in their inspection and ask for a sample report so you know what to expect. Check that they’ll consider how chimneys, foundations and retaining walls might perform or be affected by a natural event. 

Read more about property inspectors here .

If a property is in an area with known geotechnical problems, you may want to consider adding a Geotech report to your due diligence. Properties with steep slopes, known liquefaction issues, and those sitting on a cliff may be more prone to foundation and ground stability issues.

What to expect when the property has had an EQC claim

Ask the agent whether the home has been subject to an EQC claim. If it has, ask for more information about the claim including whether it has been resolved, and seek legal advice before you sign a sale and purchase agreement.

You can request previous claim information directly from EQC, however, we recommend you speak to the listing agent and vendor before contacting EQC as they may have obtained this information already. To request claim information directly from EQC, you can use EQC’s Official Information Act (OIA) request form which is used in accordance with the Privacy Act to obtain the history of a claim with EQC here (external link) (this can take up to 20 working days).

The type of information you can expect to receive:

• any natural disaster damage to the property (dwelling and land),
• any claims that have been made
• information about the assessed cost of replacing or reinstating damaged property
• what repair work has been carried out
• and settlement amounts.

You can then check to see whether that repair has been completed. Check local council files on the property to ensure any building or construction work has appropriate consents and ask your lawyer or conveyancer to review these too.

What does 'as is, where is' mean?

If you’re thinking of purchasing a home listed ‘as is, where is’, it may have:

• suffered substantial damage and has been written off by the insurers
• been approved for repair, but no repairs have been carried out, or
• not had insurance at the time of the natural event.

It’s a good idea to confirm that you can insure the house well before settlement because your lawyer and lender may require that you have evidence of insurance cover before the settlement date. Seek legal advice and clarification from the insurance provider before signing a sale and purchase agreement.

Transferring an existing claim

If a property with an EQC claim is being sold and the parties have agreed they want EQC to settle any outstanding claims with the buyer, the seller will need to complete a deed of assignment to advise EQC of the assignment of the claim to the new owner.

Find out about transferring an EQC (external link) property claim.

Coastal hazards

Living by the sea is a dream for many Kiwis, but if you’re interested in a coastal or seaside cliff-top property, it’s important to understand the long-term risks and potential issues from rising sea levels and coastal erosion.

Government agencies have released information on the risks and impacts global warming and climate change will have on New Zealand coastal properties. The Ministry for the Environment states that rising sea levels will increase the risk of erosion, inundation and saltwater intrusion. And the Parliamentary Commissioner for the Environment has released a report which highlights the different effects global warming is having on our country.

If you’re interested in purchasing a coastal property, it’s a good idea to get it checked by an accredited property inspector who can identify defects, future or urgent maintenance issues and any problems resulting from a coastal location.

Below are some things to consider when looking to purchase a coastal property.

Rising sea levels

According to the environment report above, the sea level is likely to rise by between 50 centimetres and 1.0 metre by the end of the century. A report commissioned by the Deep South National Science Challenge (external link)   states that nearly 44,000 homes in New Zealand are less than 1.5 metres above the current average high tide mark.

If you’re looking for a property near the sea, it’s a good idea to ask what if any precautions have been made to the property to protect against the threat of rising water levels.

Flood zones and storm impacts

The frequency and severity of storms and cyclones bringing heavy rainfall, damaging winds, waves and storm surge to New Zealand has increased.

Coastal flooding typically occurs when a major storm, king tide, or tsunami causes the sea to surge inland. Flooding is usually caused by:

• heavy or excessive rainfall
• landslides — triggered by heavy rainfall or earthquakes
• rapid ice melt in the mountains
• a ruptured dam or levee
• high sea levels at river mouths.

The property title and LIM report may include a history of flooding as well as potential flooding hazards. Some councils may provide flood maps which show the area's risk of flooding.

If you’re considering living in a coastal area, find out about road access during storm conditions and consider the cost of vehicle maintenance if the road is often inundated by salt water.

Coastal erosion

Coastal erosion is a natural process which happens when wind, waves and water currents wear away the shoreline.

Properties located on low-lying sand or cliff tops are more at risk of erosion.

For more information on coastal erosion visit Te Ara (external link)  - The encyclopaedia of New Zealand.

Can you get insurance on the property?

If you’re looking at buying a coastal or clifftop property, you’ll need to find out if the property can be insured and at what cost.

As the risk of environmental damage increases along coastlines, insurance companies are reassessing how they cover this type of damage. Be aware that the cost of premiums may increase, exclusions may be added, or insurance cover may be withdrawn for some properties  as the risk changes.

The Earthquake Commission (EQC) doesn’t cover damage to land from coastal erosion (although it does cover storm and flood damage to land) and it doesn’t cover damage to residential structures or contents from storms, floods or coastal erosion.

Seek legal advice and clarification from an insurance provider before signing a sale and purchase agreement.

Maintenance and upkeep of coastal property

Property maintenance costs may be higher for coastal properties because salt water can damage building materials and exposed electrical components. There may also be additional upkeep, for example, cleaning salt from windows and removing debris.

Local council information

If you’re searching for a home in an area that has been affected by natural events you may need to collect additional information specific to the area. Councils will provide you with more detailed information about the natural events that can occur in the area.

Some councils provide geological hazard maps which allow you to search the area's flooding, faults, liquefaction, and geothermal risks. 

In Canterbury, you can look up a property’s land zone, technical category, regional information and data on the Canterbury Maps (external link) website. The Christchurch City Council also provides information about the technical categories and land zone on their website My Land Zone (external link) .

You can also find natural hazard property information on local council's interactive maps that provide information for property owners:

• Bay of Plenty (external link)
• Greater Wellington (external link)
• Hawke's Bay (external link)
• Northland (external link)
• Otago (external link)
• Whangarei (external link)

This is not a complete list of all councils interactive maps across New Zealand. You should contact your local council for more information.

Some councils located in coastal areas may also provide information about the area’s coastal erosion, landslips, rainfall amounts, and general coastal hazards including the effects of climate change.

Property Checker tool

Property Checker is a tool that helps buyers to identify potential issues with a property.

Simply answer a series of questions about a property you’re interested in. A report is produced which you can email to yourself and others. The report highlights some areas we recommend you research further before making an offer.

Learning about problem building materials

Understanding meth

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Assigning Insurance Claims

We are regularly asked whether it is necessary to take an Assignment of an Insurance Claim if the repair work has been completed by EQC or the private insurer.  We always advise our clients that irrespective of whether the repairs have been completed where possible, they should obtain an assignment of the EQC and private insurance claims so that they will have the residual rights attached to those claims.

There are three reasons for this.  Firstly, it allows the purchaser of a property to deal with EQC and the private insurance company regarding any issues which arise from the repair work e.g. poor quality or incorrect materials.  It also allows the purchaser to deal with EQC and the private insurer should they discover any further damage which was not picked up at the time of the assessment of the earthquake damage.  If the claim has not been assigned to the purchaser then it is likely that EQC and the private insurer will refuse to discuss the matter with the purchaser as they have no contractual relationship with them.

The second reason is that within the EQC claim for material damage is an inherent land claim which may or may not have been dealt with by the time a purchaser purchases the property.  If it has not been settled by the time a property is sold then the purchaser may be entitled to receive a claim pay-out for any land damage that is assessed.

The third reason is that EQC have identified areas of Canterbury with increased flooding vulnerability, which may result in pay-outs to the owners of properties where the value of the land has been decreased because of the flooding vulnerability.  Without having the insurance claim assigned, EQC will not pay any such sum to the purchaser.

For the above reasons we believe that at a very minimum the residual rights attached to the EQC and private insurance earthquake claims should be assigned to a purchaser on settlement.  If you are in doubt we suggest you contact us prior to entering into an agreement so that we can discuss the earthquake claims and if necessary, we can provide the appropriate wording for a clause to be inserted into the agreement.

It should be noted that since the Canterbury Earthquakes private insurers have updated their policy terms and it may now be harder to assign private insurance claims. It is therefore best for a purchaser to seek legal advice prior to entering into a contract to buy a property where this could be relevant.

The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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New Zealand Law Society - Severe weather events – assignment and further terms

Severe weather events – assignment and further terms.

The Property Law Section is aware that transactions are now being contemplated where properties affected by the severe weather events earlier this year are to be marketed for sale. In some cases, repairs have been completed by Toka Tū Ake EQC "EQC" and/or insurers, and in others there are EQC and/or private insurance claims outstanding. Vendors and Purchasers contemplating such transactions need to be very careful. Vendors need to consider what representations should be made to agents and purchasers, and they need to understand what rights they can and can’t assign. Purchasers need to consider the risk they are taking on, what they need to check during a due diligence phase, and what ongoing rights they should have assigned to them.

The PLS has produced templates for properties affected by the severe weather events:

- Further terms of sale for properties potentially affected

- Deed of assignment of EQC and insurance claims

The templates will need to be amended to suit your clients’ circumstances and are not intended to replace independent, tailored legal advice. Please read the following commentary, which serves as a warning around some of the uncertainty surrounding the use of deeds of assignment in agreements for the sale of land.

If a client wants to sell their home before an insurance claim is settled, the New Zealand Insurance Council has advised they should speak with their case manager first to see if their claim can be settled quickly so that an assignment is not required.

The best approach is for vendors to repair the property before they sell. Following the severe weather events earlier this year, we acknowledge this is not always going to be possible due to the time it takes for insurers to fully assess properties, scope and cost projects, and then carry out the repairs with a scarcity of labour and materials.

EQC will accept the assignment of claims as of right, whereas private insurers often have clauses in their policies prohibiting the automatic assignment of claims, and they will instead make decisions on any requests for assignment on a case-by-case basis, and subject to the terms of the policy. It is easy for a claim to exceed the EQC cap (thus invoking private insurance) if, for example, foundation work is required to a property.

Agreement conditions

If a purchaser wishes to take over a vendor’s existing claims with EQC and/or a private insurer, then a clause will need to be inserted into the sale agreement making the agreement subject to the parties confirming such an assignment is possible within an agreed timeframe, and then agreeing to the terms of the assignment. In such cases, parties will have to consider and address any prior payments received by the vendor from the insurer and/or EQC which may not have been applied to the repair work that has been scoped.

There will be circumstances where properties are sold that have been repaired by vendors, and vendors may or may not have lodged claims and received proceeds. This may need to be addressed in the sale agreement. Even in the case of a repaired home, parties will need to consider whether

there should be an assignment of residual rights against EQC or insurers. This would give the ability for the new owner to re-open an existing claim with EQC if the original scope of works did not include all damage, or the repair work was incomplete.

Scenarios like this can create difficulties for a new owner if an EQC claim is re-opened, and the unscoped damage is accepted by EQC and leads to the claim exceeding the EQC cap. The new owner will receive a top-up payment from EQC to the level of the EQC cap, but will likely have no further recourse against the vendor’s insurer for the cost of damage above that amount unless they also happen to have an assignment of a claim with the insurer too. It is therefore imperative that purchasers of homes that have suffered damage get thorough prepurchase inspections from qualified building inspectors or surveyors , builders, drainlayers and/or engineers (as appropriate) to minimise their chances of suffering future loss.

Further on-sales

If a house is bought and then on-sold, it is important to ensure there is a continuous chain of any deeds of assignment so that any residual rights remain with the latest owner. A break in the chain of assignments when a home is on-sold will end the right of a later owner to make a claim if previously unscoped damage is later found.

The legacy issues from the Christchurch earthquakes show that such scenarios arise more commonly than one would expect, especially for potentially hidden damage to areas like foundations and drainage pipes.

These issues may well remain topical for some time. In Christchurch it is still common more than a decade later to be addressing these issues as previously damaged homes change hands. The subject matter dealt with in the PLS templates was discussed in more depth at our 5 April Property transactions in the aftermath of extreme weather webinar recording here .

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Map style: satellite_road_labels.

How to use the claims map

1. Enter an address in the search bar, or zoom to an area you want to see.

2. Click on a property to see if there are any EQCover claims on the property.

3. Use the ⓘ symbol in the map’s top right corner to find further information about how to use the map.

Welcome to the map guide. Here you can learn about how to use the Natural Hazards Portal map viewer to explore EQCover claims information. 

On the left of your screen, you can click the base map preview to change displays on the Natural Hazard Viewer map. The following options are available:

A standard map that displays roads. It also displays natural and artificial features, and labels for those features.

The satellite style is a combination of satellite and aerial imagery.

You can find out more about the base maps used on the Natural Hazards Portal at https://learn.microsoft.com/en-us/azure/azure-maps/supported-map-styles

You can zoom in and out on the map by scrolling, by clicking the + and – buttons on the left of your screen, or by double clicking. You can also zoom to an area by clicking the ‘Zoom in’ button on any bubble.

Rotation and Tilt

On the left of your screen, click on the rotation or tilt buttons to change your view of the map.

Data last updated date (‘As at’)

The most recent date the data was updated is displayed on the Natural Hazards Portal map on the bottom right.

The Natural Hazards Portal displays settled EQCover claims from 1997 to the displayed date. As Toka Tū Ake EQC continues to settle and close EQCover claims, they will be added to the Natural Hazards Portal.

If errors are found in the data, these will also be updated.

EQCover event date range

Event date ranges are displayed on the pop-up on the portal. These display the date range for either all settled EQCover claims or the range selected using the Filter function.

Download PDF

Clicking 'Download PDF’ downloads a .pdf document containing information on the EQCover claims information found for your selected property.

You can save and/or print the .pdf document.

The .pdf document contains the same information displayed in the 'More information' pop-up on the map.

Here you’ll find answers to a range of questions about the Natural Hazards Portal. If you don’t see an answer to your question here then feel free to reach out to us. 

Natural Hazards Portal

What is the Natural Hazards Portal?

The Natural Hazards Portal is a tool for exploring and understanding Aotearoa New Zealand’s natural hazard data and information.

Due to our Pacific location, our wild and wonderful Aotearoa New Zealand is exposed to many natural hazards. Given our growing population and where we have built our homes and infrastructure, we are vulnerable to these hazards.

There’s a wealth of publicly available information and data on natural hazard risk in Aotearoa New Zealand — yet it can be hard to find, hard to access, and difficult to understand as it is dispersed over multiple sites.

We’re changing that.

We’re making it easy for people to access and understand their natural hazard risk, make decisions and take action to be prepared.

The Natural Hazards Portal collates existing information related to natural hazards and makes it easier to access, understand and use, to inform everyday decisions and the management of risks throughout our country.

This is your resource for understanding and becoming more comfortable with the natural hazard risks we face in Aotearoa New Zealand and reducing their impact on you, your whānau and community.

Why is the Natural Hazards Portal being developed?

Aotearoa New Zealand has a high risk of natural hazard events.

They can cause anxiety as they are largely unpredictable, and may make people feel powerless. If we work together to better understand these risks, we can prepare for the impacts of natural hazard events on our whānau, friends, and homes.

Natural hazard damage can be very costly both in terms of repair and social impact on communities. Local authorities, central government, insurers, and all New Zealanders carry the costs of these events.

We’re building a Portal to make it easy to access and understand natural hazards information, so people can assess their risk, make decisions, and take appropriate action to build their resilience.

Who is developing the Natural Hazards Portal?

Toka Tū Ake EQC is developing the Portal.

We’re a New Zealand crown entity investing in natural hazard research, education, and providing natural hazard insurance to residential property owners.

One of our four strategic intentions is to be a leader in natural hazard risk reduction based on credible research, data, education and strong stakeholder relationships.

We are working with a number of other organisations who also collect and collate data and information about natural hazards. Learn more on our Our Future Goal page.

Find more information about Toka Tū Ake EQC and the work we do on our website.

Are you working with other government or Crown agencies?

Yes, the Natural Hazard Portal is the product of an initiative to make natural hazard information more easily accessible to help inform resilience planning and preparedness.

The Natural Hazards Portal draws data from publicly-funded organisations who collect and collate data and information about natural hazards. Learn more on our Our Future Goal page.

Is there information on the Portal I need to pay for or have an account to access?

No. One of the aims of the Portal is to make information about natural hazard risks easy to access and freely available. This means you can access all information on the Portal without needing a login or password. Accounts or logging in will never be required to view any of the data and information displayed in the Natural Hazards Portal.

Will you be able to do more on the Natural Hazards Portal in the future?

Yes! Please visit our Our Future Goal page, which will be updated frequently.

What is EQCover claim process?

Once EQC or your insurer has received your EQCover claim, a claim manager will contact you (via phone or email) to outline the claims process so you know what to expect. EQC or your insurer will manage your EQCover claim from end to end so your claim manager will be your point of contact in all instances. If your insurer will be acting as an agent of EQC during the claims process, they will manage your claim in line with the requirements of the EQC Act. A key part of an EQCover claim is understanding your natural disaster damage.

Your claim manager will discuss with you how to best assess the damage to your home and/or land. Depending on the nature of the natural disaster damage to your property, a further assessment from an engineer or other specialist may be needed. In the case of landclaims, it is likely that an assessment from a registered valuer will also be required. The assessor will also arrange for a costing of the repair of the damaged property. When your EQCover claim is ready to be settled, your claim manager will contact you to explain what this means.

This explanation will outline what the outcome of the assessment for natural disaster damage is, the total of your settlement amount, where the settlement will be paid to if the EQCover claim is being settled by cash and the excess that has been deducted. Before making the EQCover claim payment, your claim manager will also either email or post to you the supporting settlement documents for your records.

What is EQCover?

EQCover is the Government’s natural disaster insurance for residential buildings and some residential land. You automatically have EQCover for your property if you have a current private insurance policy for your home, that includes fire insurance (and most do).

EQCover provides natural hazard insurance to homes and some residential land if they’re damaged by a landslip, earthquake, volcanic eruption, hydrothermal activity or tsunami. It also includes some residential land damaged by a flood or storm.

EQCover limits are defined by legislation in the Earthquake Commission Act 1993.

• The building cap for homes is $300,000 or $150,000 +GST if your policy has not yet renewed since 1 October 2022. Any building cover above the EQCover building cap may be provided by your private insurer, as outlined in your valid policy.
• EQCover also provides some cover for land damage caused by a natural disaster, capped at the value of the insured, damaged land.

Read more about EQCover on the Toka Tū Ake website.

What happens to a property that has had an EQCover claim?

When a property is damaged by a natural hazard, the homeowner can make an insurance claim to help fund repairs, rebuild, or reinstatement.

Most insurance claims, including EQCover, are cash settled. This means insurers will assess the damage and pay the homeowner in cash to make the repairs. Once paid, homeowners will make decisions around their repairs and how to best manage those.

It is important to use EQCover payments to repair or reinstate damaged property. In some circumstances, future entitlements to EQCover may be affected if payments are not used for this purpose.

With or without an EQCover claim, properties can have unrepaired natural hazard damage. To find out if your property, or a property you are considering buying, has unrepaired natural hazard damage, you can contact a licensed building practitioner to carry out a building inspection.

More information on steps to take to understand any natural hazard damage or risk if you’re considering buying a home is available on the Toka Tū Ake EQC website . You can request claim information from Toka Tū Ake EQC under the Official Information Act.

What is an EQCover claim?

If a property has EQCover, a claim can be made to pay for repair following damage from a natural hazard. You can find out more about EQCover, including how to make a claim, on the  Toka Tū Ake EQC website.

More information on steps to take if you’re considering buying a home that’s had an EQCover claim is available on the  Toka Tū Ake EQC website.

With or without an EQCover claim, properties can have unrepaired natural hazard damage.

To find out if your property, or a property you are considering buying, has unrepaired natural hazard damage, you can contact a  licensed building practitioner  to carry out a building inspection.

What is the EQCover event date?

The date of the natural hazard event that resulted in the EQCover claim.

What is EQCover building cover/land cover? What is the EQCover claim type?

EQCover provides natural hazard insurance to homes and some residential land if they’re damaged by a landslip, earthquake, volcanic eruption, hydrothermal activity or tsunami.

It also provides cover for some residential land damaged by a flood or storm.

This is defined in the Earthquake Commission Act 1993 .

EQCover for buildings includes cover for

• separate buildings or structures used by the household of the occupier (e.g., sheds and garages)
• services you own (e.g., water pipes and electrical cables) up to 60 metres from your home.

EQCover for land is limited to that within your property boundary and includes

• land under your home and outbuildings (e.g., shed or garage)
• land within eight metres of your home and outbuildings
• land under, or supporting, your main accessway, up to 60 metres from your home (but not the driveway surfacing).
• some bridges and culverts within the above areas
• some retaining walls that are necessary to support or protect the home, outbuildings, or insured land.
• Find more information on cover under EQCover on the Toka Tū Ake EQC website.

What EQCover claims information is available in the Natural Hazards Portal?

The Portal provides nationwide collated information about settled EQCover claims available for the first time, without the need for a request.

It provides the property address and property title, event type, event date, and claim type for settled EQCover claims.

This follows Recommendation 6.1.3 of the  Report of the Public Inquiry into EQC , and aligns with a Government commitment to increase the proactive release of information under the Official Information Act 1982.

For most EQCover claims, Toka Tū Ake EQC holds additional information. You can request more detailed EQCover claims information on the  Toka Tū Ake EQC website .

Only validated claims are presented in the Natural Hazards Portal. To be validated, a claim must:

• EQCover claims which have been lodged but not settled are not displayed in the Natural Hazards Portal. You can request information on unsettled EQCover claims on the  Toka Tū Ake EQC website .
• Toka Tū Ake EQC holds EQCover claims records from 1945 when Toka Tū Ake EQC (then the Earthquake and War Damage Commission) was established. Most records prior to 1997 have not been digitised, so we are currently unable to display these on the Natural Hazards Portal. Toka Tū Ake EQC is continuing to digitise and validate EQCover claims. Once validated, these records will be added to the Natural Hazards Portal. You can request details on EQCover claims before 1997 on the  Toka Tū Ake EQC website .
• EQCover provided contents insurance until 2019. EQCover contents claims are not included in the Natural Hazards Portal.
• Prior to 19 February 2019, the timeframe for lodging EQCover claims was three months from the damage occurring.
• Since 19 February 2019, customers must lodge their claim within 2 years of the damage occurring. Toka Tū Ake EQC encourages customers to lodge their claims within three months as any claims lodged outside of three months are subject to additional consideration, which may result in the claim being declined. The longer it takes to lodge an EQCover claim, the more difficult it can be to confirm the damage is related to the natural hazard event.
• You can find out more about the EQCover claims process on the  Toka Tū Ake EQC website .
• be for a residential property
• be made by a customer with valid insurance cover
• not have been withdrawn by the customer before being settled.

Is more information available about past EQCover claims?

The Portal displays information about settled EQCover claims from 1997 to the present. Toka Tū Ake EQC is continuing work to validate pre-1997 EQCover claims. Once validated, these records will be added to the Natural Hazards Portal.

More information about most settled claims is available upon request to Toka Tū Ake EQC. If you would like to know more, we encourage you to request more detailed claims information through the Toka Tū Ake EQC website .

What happens if a closed EQCover claim is reopened?

EQCover claims can be reopened in certain circumstances. This is typically when additional natural hazard damage has been identified after claim settlement.

Reopened claims will continue to be presented on the Natural Hazards Portal as natural hazard damage has been identified, accepted and the claim settled. Any further natural hazard damage identified after reopening the claim does not change the status of the claim in this respect.

How do I make an EQCover claim?

Most new EQCover claims are managed by your private insurer. You should contact your insurer to make a claim for damage caused by a natural hazard. Find out more on the Toka Tū Ake website.

EQCover claims data

Can I request for EQCover claims information related to my property to be removed from the Natural Hazards Portal?

We want EQCover claims information to be available to support good decision-making to help people prepare for, respond to, and recover from, natural hazard events.

As a New Zealand Crown entity, the information we hold is classed as official information and claims information is already available by request under the Official Information Act. By making it more freely available, we want to support people to better understand the hazards in their area so they can reduce their risks and protect their whānau.

Toka Tū Ake EQC will not remove EQCover claims information from the Natural Hazards Portal unless the information is incorrect, or under rare and extenuating circumstances (such as a Court order) on a case by case basis.

If you believe incorrect claims data is linked to your property or extenuating circumstances exist, please contact Toka Tū Ake EQC for the data to be reviewed.

If you would like to discuss the publication of EQCover claims information on the Natural Hazard Portal further, please contact Toka Tū Ake EQC .

The claims data on the Natural Hazards Portal relating to my property is incorrect. What should I do?

All EQCover claims information goes through an address-matching process.

If you believe there has been an error, and incorrect EQCover claims data is linked to your property, please  contact Toka Tū Ake EQC  for the data to be reviewed.

I need to make a claim for natural hazard damage to my property. Can I do this through the Natural Hazards Portal?

Sorry, no. If you need to make a claim for natural hazard damage to your property, please contact your private insurer in the first instance – they manage claims on Toka Tū Ake EQC’s behalf.

To find out more about how to make a claim, visit the Toka Tū Ake EQC website .

Does the Natural Hazards Portal include details of private insurance claims?

No. The Portal only provides information relating to EQCover.

Private insurance may also provide cover for natural hazard damage, for example for cover to a damaged home above the building cap. Details of any other insurance claims are held by private insurers, and are not included in the Natural Hazards Portal.

Will personal information be published on the Natural Hazards Portal?

Yes, property addresses disclosed on the Natural Hazards Portal are considered to be personal information under the Privacy Act 2020 ; however information about individuals who own or reside at those properties will not be published. In addition to being personal information under the Privacy Act 2020, property addresses disclosed in the Natural Hazards Portal are also considered ‘property-related information’ under Section 31A (5) of the EQC Act 1993 .

Publishing, or disclosing, this information on the Natural Hazards Portal has been carefully considered by Toka Tū Ake EQC and the disclosure of this personal information is required to identify individual properties that natural hazard information relates to.

Making this natural hazard claim information available will help people make more informed, risk-based, property decisions relating to natural hazards.

Publishing this property-related information on the Natural Hazards Portal helps Toka Tū Ake EQC achieve its legislative purpose of making the information available to the public whilst also ensuring that the information is free and simple to access.

Who owns the data shown in the Natural Hazards Portal?

The Natural Hazards Portal currently contains EQCover claims data owned by Toka Tū Ake EQC.

We also link from the Portal to other sources of natural hazards information owned by others, and we encourage you to follow those links to learn more about natural hazards in your area.

In the future, we hope to bring other data into the Portal to create a single site for natural hazards information.

How are EQCover claims presented for multi-unit buildings and shared property?

Multi-unit buildings include apartment buildings, townhouse complexes, blocks of flats, and retirement homes. They can also be mixed use buildings where, for example, the ground floor has commercial operations (such as shop, cafe, or gym) while the upper floors contain individual dwellings.

Multi-unit buildings can sometimes have complex insurance arrangements. Some dwellings may be individually insured while others may have a body corporate arrangement in place where a single insurance policy covers the entire building or complex. This can make presenting claims data on the Natural Hazards Portal a complex exercise. This also applies to shared property such as cross leases.

Where a claim has been made for an individual unit or apartment, we have endeavoured to reflect this on the map. Where a claim has been made by a body corporate, it may not be clear which part of the building or complex was affected by the natural hazard event. In this instance claims for building and land could be presented against each unit.

If you have any concerns about how the Natural Hazards Portal presents EQCover claims on your multi-unit building, please  contact us .

Considerations for owners and residents of apartments and shared property to prepare differently for the effects of a natural hazard event can be found  here .

Reduce natural hazard impacts

How can my whānau increase our home’s resilience to natural hazards?

You can find out information on steps you can take to increase your home’s resilience to natural hazards on the  Toka Tū Ake EQC website , and the  Te Rākau Whakamarumaru National Emergency Management Agency website .

Should I use natural hazards portal in case of an emergency, such as an earthquake?

No. The Natural Hazards Portal does not provide emergency information.

The National Emergency Management Agency (NEMA) provides advice on what to do in a natural hazard emergency, at  www.NEMA.govt.nz .

GeoNet also provides real-time information about natural hazard events in New Zealand. You can view this information at  www.GeoNet.org.nz .

Where can I find out more information about New Zealand natural hazards and climate change?

You can find out more about natural hazard risks in your area through your council or  Civil Defence Emergency Management Group . Most local, regional or unitary councils provide hazard maps through their online hazard viewers.

There are several national agencies that are responsible for natural hazards and climate change in New Zealand. These are supported by local and regional councils and agencies.

• Manatū Mō Te Taiao Ministry for the Environment (MfE):  www.environment.govt.nz
• Taihoro Nukurangi National Institute of Water and Atmospheric Research (NIWA):  www.niwa.co.nz
• GNS Science Te Pū Ao:  www.gns.cri.nz
• Scion:  www.scionresearch.com
• Te Ratonga Tirorangi MetService:  www.metservice.com
• Te Rākau Whakamarumaru National Emergency Management Agency (NEMA):  www.nema.govt.nz
• Te Tari Taiwhenua Department for Internal Affairs (DIA):  www.dia.govt.nz
• Toka Tū Ake EQC:  www.eqc.govt.nz

There are also several research programmes responsible for investigating natural hazards, climate change, and their impacts in New Zealand.

• Resilience to Nature’s Challenges National Science Challenge:  resiliencechallenge.nz/
• Deep South National Science Challenge:  www.deepsouthchallenge.co.nz
• NZ Centre for Earthquake Resilience (QuakeCoRE):  www.quakecore.nz
• Alpine Fault magnitude 8 (AF8):  af8.org.nz
• DEtermining VOlcanic Risk in Auckland (DEVORA):  www.devora.org.nz
• East Coast Life At the Boundary (East Coast LAB):  www.eastcoastlab.org.nz
• It’s Our Fault:  www.gns.cri.nz/Home/IOF/It-s-Our-Fault
• Volcanic Futures: He Mounga Puia, Puea Rū, Puea Kōrero:  www.volcanicfutures.co.nz
• Eruption or Catastrophe: Learning to Implement Preparedness for future Supervolcano Eruptions (ECLIPSE):  supervolcanoes.nz
• New Zealand Lifelines Council:  www.nzlifelines.org.nz

Will the Natural Hazards Portal include information and data on climate change?

Toka Tū Ake EQC has been working with Manatū Mō Te Taiao Ministry for the Environment to explore enhanced collaboration on natural hazards and climate risk information.

Manatū Mō Te Taiao Ministry for the Environment is responsible for the development of the Government’s framework to adapt to climate change impacts. A key mechanism for delivering this is through the national adaptation plan.

Action 3.2 within the national adaptation plan is to ‘design and develop risk and resilience and climate adaptation information portals’.

As part of this plan Manatū Mō Te Taiao Ministry for the Environment is scoping the development of a climate adaptation portal.

Toka Tū Ake EQC and Manatū Mō Te Taiao Ministry for the Environment have a joint goal to eventually develop one portal, but separate portals are currently being developed to meet end-user needs. You can find out more about the national adaptation plan on the  Manatū Mō Te Taiao Ministry for the Environment website.

Aotearoa New Zealand is a geologically active country, also prone at times to bad weather, and there are several natural processes that occur here which can be hazardous to people and the things we value. We call these Natural Hazards.

Volcanic activity

Volcanoes are a feature of many tourist areas of Aotearoa New Zealand.

A volcano is an opening in Earth’s crust through which molten rock, volcanic ash, and gases can reach the surface.

Find out more:

Learn about volcanic activity

Find out about natural hazards where you live

Hydrothermal activity

Naturally heated water and mud is a feature of many parts of Aotearoa New Zealand.

Hydrothermal systems move hot water underground. They are driven by magmatic processes associated with volcanic activity , or tectonic processes associated with earthquake faults.

Hydrothermal hazards occur when water, energy, gas, rock or other material at the surface of hydrothermal systems is expelled from the ground by a hydrothermal system.

Learn about hydrothermal activity

There is lots of evidence that many tsunami have reached the shores of Aotearoa New Zealand. 

A tsunami is a series of waves, with extremely strong currents.

Tsunamis are generated when a large volume of water in the sea or a lake is rapidly displaced by an earthquake , landslide , volcanic activity , or meteorite.

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Aotearoa New Zealand lies within the latitudes known as the “Roaring Forties” and can also be prone to ex-tropical storms.

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A flood is when water covers normally dry land.

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An earthquake is a fracturing of rock and release of energy beneath the Earth’s surface.

Every earthquake is different and unpredictable.

Earthquakes can result in ground shaking, surface fault rupture, liquefaction, and ground deformation. Earthquakes can also trigger other hazards such as landslides , Tsunami , floods , fires and gas leaks.

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A landslide (sometimes called a “slip” or “landslip”) is formed by ground falling, sliding or flowing down a slope. Landslides may be made up of natural rock or soil, or artificial fill.

Landslides can range in size from a single falling rock to a very large avalanche of debris - with huge amounts of rock and soil spread across many kilometres.

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What is a Deed of Assignment in New Zealand?

By Emma Lindblom

Updated on January 28, 2021 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

What is Assignment?

What is in a deed of assignment, when you would use a deed of assignment, key takeaways.

As contracts age, you may come to a point where you want to transfer your rights and benefits under a contract to another person. There are a couple of ways you can do this, one of which being through an assignment. Sometimes, your original contract will have an assignment clause detailing how you should go through the assignment process. However, not every contract has such a clause, so you can use a deed of assignment to transfer the original contract to another person. A deed of assignment is an important document you can use in a variety of situations. This article will help you understand:

• how assignment works;
• what is beneficial to put in your deed of assignment; and
• some possible situations where you would use this legal document.

Assignments are a common way of transferring contracts in the commercial world. In an assignment, you, the assignor, assign the benefits and rights of the contract you hold to an assignee, a third party to your original contract. The assignee will then continue to perform the contract, and receive the benefits from doing so.

However, an assignment does not transfer your original obligations to the person you formed the contract with. You still have to perform your side of the contract.

For example, if you assign your lease to a new tenant, you still have to pay any rent you have owing. In most cases, assigning a contract does not need the consent of all parties. However, some contracts have an express clause prohibiting assignment, so it is important to check the terms of your contract.

You will want to make sure you properly draft your deed of assignment to make sure you do not leave any avenues open for legal consequences later on. Your deed will vary depending on your situation, but generally, you will want to include:

• who the assignor is;
• who the assignee is;
• the signatures of both parties;
• witness signatures, if the situation requires;
• contact details of both parties;
• the nature of the contract or legal device you are assigning;
• what benefits and rights you are assigning; 
• any payments that need to be made; and 
• how those benefits manifest – whether that be through financial means, or service performed.

If you are unsure about what your deed needs to cover, it is a good idea to obtain legal advice.

Transferral of Creditor Rights

You can use a deed of assignment to transfer the right to be paid a debt. This means that you would transfer the benefit of that debt payment to someone else, while the original party you contracted with still performs their end of paying back the debt.

Transferring Ownership of a Trade Mark

You may be in the situation where you are transferring the copyright of a trademark to someone else’s name.

For example, if you are a graphic designer, you would design the logo, and assign the copyright of the trademark or logo you created to someone else. This would require a signed deed of assignment as the legal document proving the transfer of ownership.

Selling a Business

In the process of selling your business , you may use a deed of assignment to transfer any pre-existing commercial contracts you have with customers to whoever is buying your business . This means that the new owner can still maintain those customer relationships without having to enter into an entirely new contract.

Assignment of Lease

Deeds of assignment are often used in real estate transactions. If you are a tenant, you may wish to assign your lease to new tenants and move off of the property. You would use a deed of assignment to transfer your rights under the lease to the new tenant.

However, there are some additional requirements that you need to consider in this process. Usually, you need the permission of your landlord, and you need to make sure that the new tenant is respectable, responsible and able to fulfil any financial obligations that may arise under the lease in the future.

Making an EQC Claim

If you are buying or selling a house, and there is an already existing claim by the Earthquake Commission (EQC) investigating potential natural disaster damage on the house, transferring that claim is a part of the purchase process. You can transfer (or have transferred to you) the rights to the benefit of that claim using a deed of assignment. The deed will need to include all information about the claim, such as reference numbers and insurance information 

Assignment is the process where you, the assignor, transfer the rights and benefits under a contract to a new person, the assignee. You need to formalise this process in writing in some way, and you can use a deed of assignment to fulfil this requirement. There are a variety of situations you can use a deed of assignment in, so it is important to tailor your deed to the specifics of your case. If you want more information or help with drafting your deed of assignment, contact LegalVision’s business lawyers on 0800 005 570 or fill out the form on this page.

An assignment is when you (the Assignor) transfer your rights from a contract to someone else (the Assignee). But, you still have to fulfil any outstanding obligations you have under the contract.

A deed of assignment is the contract outlining the assignment process. This is a written record of the transfer of rights that happens in an assignment and is signed by both the Assignor and the Assignee.

In a deed of assignment, you need to outline what exactly is being assigned to the third party. Both parties need to sign the document, and also the signatures of witnesses to the document.

You can use a deed of assignment in a variety of situations. Often, you would use it as a proof of transfer of ownership of legal property. This can apply to intellectual property, such as trademarks, or real estate property, such as the lease on commercial premises of your business.

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New Zealand: IAG no longer accepting any Deeds of Assignment to transfer insurance claims

Over the past 6 years it had become usual practice that EQC and private insurance claims were assigned to the purchaser upon a sale if the parties both agreed. Previously private insurers had been happy to allow the assignment of these claims provided a valid Deed of Assignment was entered into by the parties.

We have touched on this in our August newsletter , but it is important that you are aware of the developments in this area. In our experience it is now uncommon for most private insurers to accept Deeds of Assignment for the residual benefits of claims that have previously been settled. We are also aware that different insurers are taking different positions as to whether they will allow the assignment of claims which are still open.

IAG in particular has now made a business decision to no longer accept any Deeds of Assignment that intend to transfer claim entitlements to the property's new owners. This will of course have a major bearing on how you, as agents, will prepare contracts and market properties.

When you are tasked with marketing a property that has an IAG claim (whether the claim has been settled or is still open), you will now need to be aware that that it will not be possible for the vendor to assign the IAG claim to the new owners. IAG will not accept whatever assignment is presented to them even if the vendor has represented to the purchaser that an assignment would be possible.

If the property is insured through an insurer other than IAG then it is important that the vendor obtains their insurer's consent to assign the insurance claim(s) before the vendor makes any promises to the purchaser.

Put simply, our view is that the default position should be that a claim cannot be assigned unless the vendor has obtained the written consent of their insurer.

Accordingly, it is also important that purchasers and vendors are also aware of this from the outset so that there are no false expectations, particularly if someone is under the assumption they can rely on the claim going forward to fix a driveway, for example. If the parties' expectations are clear at the outset then you can avoid a messy situation where a purchaser discovers they can't in fact obtain rights to a claim they expected to receive.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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FAC Number: 2024-03 Effective Date: 02/23/2024

Subpart 32.8 - Assignment of Claims

32.800 scope of subpart..

This subpart prescribes policies and procedures for the assignment of claims under the Assignment of Claims Act of1940, as amended, ( 31 U.S.C.3727 , 41 U.S.C.6305 ) (hereafter referred to as "the Act").

32.801 Definitions.

Designated agency , as used in this subpart, means any department or agency of the executive branch of the United States Government (see 32.803 (d)).

No-setoff commitment , as used in this subpart, means a contractual undertaking that, to the extent permitted by the Act, payments by the designated agency to the assignee under an assignment of claims will not be reduced to liquidate the indebtedness of the contractor to the Government.

32.802 Conditions.

Under the Assignment of Claims Act, a contractor may assign moneys due or to become due under a contract if all the following conditions are met:

(a) The contract specifies payments aggregating $1,000 or more.

(b) The assignment is made to a bank, trust company, or other financing institution, including any Federal lending agency.

(c) The contract does not prohibit the assignment.

(d) Unless otherwise expressly permitted in the contract, the assignment-

(1) Covers all unpaid amounts payable under the contract;

(2) Is made only to one party, except that any assignment may be made to one party as agent or trustee for two or more parties participating in the financing of the contract; and

(3) Is not subject to further assignment.

(e) The assignee sends a written notice of assignment together with a true copy of the assignment instrument to the-

(1) Contracting officer or the agency head ;

(2) Surety on any bond applicable to the contract; and

(3) Disbursing officer designated in the contract to make payment.

32.803 Policies.

(a) Any assignment of claims that has been made under the Act to any type of financing institution listed in 32.802 (b) may thereafter be further assigned and reassigned to any such institution if the conditions in 32.802 (d) and (e) continue to be met.

(b) A contract may prohibit the assignment of claims if the agency determines the prohibition to be in the Government’s interest.

(c) Under a requirements or indefinite quantity type contract that authorizes ordering and payment by multiple Government activities, amounts due for individual orders for $1,000 or more may be assigned.

(d) Any contract of a designated agency (see FAR 32.801 ), except a contract under which full payment has been made, may include a no-setoff commitment only when a determination of need is made by the head of the agency , in accordance with the Presidential delegation of authority dated October 3,1995, and after such determination has been published in the Federal Register. The Presidential delegation makes such determinations of need subject to further guidance issued by the Office of Federal Procurement Policy. The following guidance has been provided:

Use of the no-setoff provision may be appropriate to facilitate the national defense ; in the event of a national emergency or natural disaster; or when the use of the no-setoff provision may facilitate private financing of contract performance. However, in the event an offeror is significantly indebted to the United States , the contracting officer should consider whether the inclusion of the no-setoff commitment in a particular contract is in the best interests of the United States . In such an event, the contracting officer should consult with the Government officer(s) responsible for collecting the debt(s).

(e) When an assigned contract does not include a no-setoff commitment , the Government may apply against payments to the assignee any liability of the contractor to the Government arising independently of the assigned contract if the liability existed at the time notice of the assignment was received even though that liability had not yet matured so as to be due and payable.

32.804 Extent of assignee’s protection.

(a) No payments made by the Government to the assignee under any contract assigned in accordance with the Act may be recovered on account of any liability of the contractor to the Government. This immunity of the assignee is effective whether the contractor’s liability arises from or independently of the assigned contract.

(b) Except as provided in paragraph (c) of this section, the inclusion of a no-setoff commitment in an assigned contract entitles the assignee to receive contract payments free of reduction or setoff for-

(1) Any liability of the contractor to the Government arising independently of the contract; and

(2) Any of the following liabilities of the contractor to the Government arising from the assigned contract:

(i) Renegotiation under any statute or contract clause .

(ii) Fines.

(iii) Penalties, exclusive of amounts that may be collected or withheld from the contractor under, or for failure to comply with, the terms of the contract.

(iv) Taxes or social security contributions.

(v) Withholding or nonwithholding of taxes or social security contributions.

(c) In some circumstances, a setoff may be appropriate even though the assigned contract includes a no-setoff commitment ; e.g.-

(1) When the assignee has neither made a loan under the assignment nor made a commitment to do so; or

(2) To the extent that the amount due on the contract exceeds the amount of any loans made or expected to be made under a firm commitment for financing.

32.805 Procedure.

(a) Assignments.

(1) Assignments by corporations shall be-

(i) Executed by an authorized representative;

(ii) Attested by the secretary or the assistant secretary of the corporation; and

(iii) Impressed with the corporate seal or accompanied by a true copy of the resolution of the corporation’s board of directors authorizing the signing representative to execute the assignment.

(2) Assignments by a partnership may be signed by one partner, if the assignment is accompanied by adequate evidence that the signer is a general partner of the partnership and is authorized to execute assignments on behalf of the partner-ship.

(3) Assignments by an individual shall be signed by that individual and the signature acknowledged before a notary public or other person authorized to administer oaths.

(b) Filing. The assignee shall forward to each party specified in 32.802 (e) an original and three copies of the notice of assignment, together with one true copy of the instrument of assignment. The true copy shall be a certified duplicate or photostat copy of the original assignment.

(c) Format for notice of assignment. The following is a suggested format for use by an assignee in providing the notice of assignment required by 32.802 (e).

Notice of Assignment

To: ___________ [ Address to one of the parties specified in 32.802 (e) ].

This has reference to Contract No. __________ dated ______, entered into between ______ [ Contractor’s name and address ] and ______ [ Government agency, name of office, and address ], for ________ [ Describe nature of the contract ].

Moneys due or to become due under the contract described above have been assigned to the undersigned under the provisions of the Assignment of Claims Act of1940, as amended, ( 31 U.S.C.3727 , 41 U.S.C.6305 ).

A true copy of the instrument of assignment executed by the Contractor on ___________ [ Date ], is attached to the original notice.

Payments due or to become due under this contract should be made to the undersigned assignee.

Please return to the undersigned the three enclosed copies of this notice with appropriate notations showing the date and hour of receipt, and signed by the person acknowledging receipt on behalf of the addressee.

Very truly yours,

__________________________________________________ [ Name of Assignee ]

By _______________________________________________ [ Signature of Signing Officer ]

__________________________________________________ [ Titleof Signing Officer ]

__________________________________________________ [ Address of Assignee ]

Acknowledgement

Receipt is acknowledged of the above notice and of a copy of the instrument of assignment. They were received ____(a.m.) (p.m.) on ______, 20___.

__________________________________________________ [ Signature ]

__________________________________________________ [ Title ]

__________________________________________________ On behalf of

__________________________________________________ [ Name of Addressee of this Notice ]

(d) Examination by the Government. In examining and processing notices of assignment and before acknowledging their receipt, contracting officers should assure that the following conditions and any additional conditions specified in agency regulations, have been met:

(1) The contract has been properly approved and executed.

(2) The contract is one under which claims may be assigned.

(3) The assignment covers only money due or to become due under the contract.

(4) The assignee is registered separately in the System for Award Management unless one of the exceptions in 4.1102 applies.

(e) Release of assignment.

(1) A release of an assignment is required whenever-

(i) There has been a further assignment or reassignment under the Act; or

(ii) The contractor wishes to reestablish its right to receive further payments after the contractor’s obligations to the assignee have been satisfied and a balance remains due under the contract.

(2) The assignee, under a further assignment or reassignment, in order to establish a right to receive payment from the Government, must file with the addressees listed in 32.802 (e) a-

(i) Written notice of release of the contractor by the assigning financing institution;

(ii) Copy of the release instrument;

(iii) Written notice of the further assignment or reassignment; and

(iv) Copy of the further assignment or reassignment instrument.

(3) If the assignee releases the contractor from an assignment of claims under a contract, the contractor, in order to establish a right to receive payment of the balance due under the contract, must file a written notice of release together with a true copy of the release of assignment instrument with the addressees noted in 32.802 (e).

(4) The addressee of a notice of release of assignment or the official acting on behalf of that addressee shall acknowledge receipt of the notice.

32.806 Contract clauses.

(1) The contracting officer shall insert the clause at 52.232-23 , Assignment of Claims , in solicitations and contracts expected to exceed the micro-purchase threshold , unless the contract will prohibit the assignment of claims (see 32.803 (b)). The use of the clause is not required for purchase orders . However, the clause may be used in purchase orders expected to exceed the micro-purchase threshold , that are accepted in writing by the contractor, if such use is consistent with agency policies and regulations.

(2) If a no-setoff commitment has been authorized (see 32.803 (d)), the contracting officer shall use the clause with its AlternateI.

(b) The contracting officer shall insert the clause at 52.232-24 , Prohibition of Assignment of Claims , in solicitations and contracts for which a determination has been made under agency regulations that the prohibition of assignment of claims is in the Government’s interest.

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The Supreme Court opens the door to more discrimination claims involving job transfers

Nina Totenberg

A view of the U.S. Supreme Court on March 26. Jemal Countess/Getty Images for Women's March hide caption

A view of the U.S. Supreme Court on March 26.

The U.S. Supreme Court on Wednesday made it easier for workers to bring employment discrimination suits over job transfers based on sex, race, religion or national origin.

At issue was a question that has produced many conflicting decisions in the lower courts over what constitutes illegal discrimination when it comes to job transfers.

The high court's answer Wednesday was that an employee must show some harm, but need not demonstrate harm that is "significant" or "material."

The case before the court was illustrative. It was brought by Jatonya Clayborn Muldrow, a police sergeant who claimed she was transferred from her job as a plainclothes police officer in the intelligence section of the St. Louis Police Department because she is a woman. Muldrow worked in the Intelligence Division from 2008 to 2017 investigating public corruption and human trafficking cases. She also oversaw the Gang Unit, served as head of the Gun Crimes Unit, and was assigned as a task force officer with the FBI.

Despite high employment evaluations, a new unit commander engineered her transfer out of the Intelligence Division. Among other things, he justified the transfer by noting that the division's work was "very dangerous." Over her objections, Muldrow was reassigned to a uniformed job in the department's Fifth District, where she supervised the activities of neighborhood patrol officers — approving arrests, reviewing reports and handling other administrative matters.

Though her pay and rank remained the same, Muldrow sued the police department, asserting that she had been harmed by the transfer. Because she was no longer in the Intelligence Division, she lost her FBI status and the car that came with it, and in the new job Muldrow often had to work nights and weekends, instead of the Monday-through-Friday workweek she had worked in the intelligence unit.

Supreme Court gives skeptical eye to key statute used to prosecute Jan. 6 rioters

A federal district court judge ruled in favor of the police department, without a trial, and the 8th Circuit Court of Appeals upheld Muldrow's transfer, declaring that because she could show no "diminution to her title, salary, or benefits," her claims of discrimination were not "significant."

But on Wednesday the Supreme Court reversed that ruling and laid out a more stringent test for lower courts to use in determining whether a discrimination claim based on altered conditions of employment can proceed to trial.

The decision was unanimous , but the reasoning was not.

Writing for the six-member majority, Justice Elena Kagan said that the federal law banning discrimination in employment includes a ban not just on economic discrimination; it includes a ban on discrimination in the "terms" and "conditions" of employment." Kagan said that covers a transfer that changed "nothing less than the what, where, and when of [Muldrow's] police work."

While the 8th Circuit and some other courts have required that such discrimination claims show "significant" or "material" harm, the Supreme Court said that is too high a bar. The anti-discrimination statute "targets practices that 'treat a person worse' " because of their sex, race, religion or national origin, the court said.

Explaining why this higher threshold is necessary, Kagan said that "whether the harm is significant" turns out to be "in the eye of the beholder." And to prove the point she cited examples that lower courts have held to be not significant:

• an engineering technician is assigned to a new job site — in a 14-by-22- foot wind tunnel;
• a shipping worker is transferred to a position involving only nighttime work;
• and a school principal is transferred to a non-school-based administrative role supervising fewer employees.

In each of those sex or race discrimination cases, the lower courts found that there was no "significant" harm to conditions of employment.

That, however, is "the wrong standard," Kagan explained. Rather, if an employee can show some harm because of sex, race, religion or national origin, that is enough. "Had Congress wanted to limit the liability for job transfers to those causing a significant disadvantage, it could have done so," wrote Kagan, adding that the court "does not get to make that judgment" by rewriting the statute.

Three justices — Samuel Alito, Clarence Thomas and Brett Kavanaugh — wrote opinions concurring with the result but not the reasoning.

Alito's was the most extraordinary. "I do not join the Court's unhelpful opinion," he wrote, adding of its reasoning: "I have no idea what this means."

Justice Thomas picked some legal nits with the majority opinion, but in the end, acknowledged that it is "unlikely" the 8th Circuit had a "stringent" enough standard in mind.

And Justice Kavanaugh wrote that he favored a different and less complicated approach. If a job transfer is based on sex, race, religion or national origin, it is discriminatory, period, whether or not it causes some concrete harm. That said, he acknowledged the court's "new some-harm requirement appears to be a relatively low bar" that ought to be easily met for anyone transferred based on their sex, race, religion or national origin.