10 Dec 2014
EARTHQUAKE COMMISSION v INSURANCE COUNCIL OF NEW ZEALAND INCORPORATED [2014] NZHC 3138
- Citation
- [2014] NZHC 3138
- Court
- High Court
Increased Flooding Vulnerability and Increased Liquefaction Vulnerability, where caused by the Canterbury earthquakes and producing a present physical change in residential land that adversely affects use and amenity, constitute "natural disaster damage" to residential land under the Earthquake Commission Act 1993; subsidence of land that leaves a building intact is damage to the land not to the residential building; the Commission lawfully may settle claims by repair/reinstatement or by payment of diminution in market value where repair is infeasible or disproportionate; the Commission may p…