Getting your claim reviewed
If you’ve discovered missed earthquake damage to your home, land or contents, you can request a review of your original Canterbury claim. The process for requesting a review differs slightly depending on the type of claim — either building, contents, or land.
If you’d like to discuss having your claim reviewed, please contact us.
Reviewing a building query
There are several reasons why you might request a review of your building queries.
You might request a review of your building queries if you’re concerned that:
- the settlement did not include all earthquake damage
- the repair work or repair strategy hasn’t or won’t repair the earthquake damage to the standard required by the EQC Act (which was the legislation in place at the time of the Canterbury earthquakes)
- the cash settlement wasn’t or isn’t sufficient to meet the reasonable costs of undertaking the repair strategy.
How to request a building claim review
Contact us with your claim number or address of your property ready, or complete our online Claim Review Form.
Useful information to provide
Sometimes, you will already have information that could assist your settlement specialist/claim manager with understanding your concerns when you contact us.
This information may include (but it is not limited to):
- a list containing the specific damages that you are concerned about and the rooms where they are located
- examples of how you noticed the damage: e.g., doors not shutting, carpet has been lifted, cracking on the wall, you have a professional report etc
- any photos you have taken of the damage
- if you bought the property after the earthquakes, the sale and purchase agreement, deed of assignment and any pre-purchase reports
- any reports or documents you think may be helpful during the review.
Your settlement specialist/claim manager will be able to discuss all the above with you if you have any questions.
Information for building contractors
Ask your contractor to complete this step to inform us of your damage details.
This form is for building contractors to submit detailed information about missed damaged or sub-standard repairs.
Contractors will need to include the property claim number so please note this on your assessment visit.
Contractor statement of damage – Online lodgement
Contractor statement of damage – Printer friendly [PDF, 155 KB]
Reviewing a land claim
If you have concerns with the decision made for your land claim, or you have new information that supports your concerns, you can ask us to review your claim. Contact us first to speak to one of our team about your concerns and the next steps.
You might request a review if your concerns relate to the following:
- Visible land damage
- Increased Flooding Vulnerability damage (IFV)
- Increased Liquefaction Vulnerability damage (ILV)
Depending on your concerns, there are different types of supporting information that you can provide that may be helpful for you to share with us. We encourage you to contact us so we can help explain the information that may be required.
If you already have information that you think may support your concerns, you can send this to info@naturalhazards.govt.nz or post to PO Box 311, Wellington 6140.
Reviewing a contents claim
Many outstanding contents claims relate to homes that have been or are to be demolished due to the severity of the damage caused by the earthquakes. These claims are usually for carpets and drapes.
Information to support your contents claim
Provide any one of the following:
- Confirmation from your private insurer that the home is to be demolished
- Demolition certificate
- Other evidence that the house has been demolished or rebuilt
Damaged items
In some instances, there may still be outstanding claims for items that were damaged at the time of the earthquakes. If you would like to claim for these items, please complete a Schedule of Contents form. Alternatively, speak to one of our team about your concerns.
Some things to think about:
- Do you have photos of the damaged items?
- Do you still have the damaged items?
- Have the items been in storage?
- It would be useful to understand why your concerns were not lodged at the time of the original claim
In February 2019, the EQC Act changed in regards to contents cover. Contact your claim manager/settlement specialist to find out more.
Limitation Legislation
This section talks to the length of time customers have to issue proceedings challenging a settlement for a claim made under the EQC Act (which was the legislation in place at the time of the Canterbury Earthquakes).
When do you consider the limitation period starting?
Our position is that we do not consider the six-year limitation period in the Limitation Act 1950 and Limitation Act 2010 (together, the Limitation Act) runs from the date of each Canterbury earthquake.
We approach the six-year limitation period for each land, building and contents claim from each earthquake, as running:
- where a claim has been settled, from the date we settled that claim;
- where a claim has not yet been settled, from the date when we settle or decline that claim; or
- where a claim is declined, from the date that we decline the claim.
We reserve the right to change our approach to the application of limitation periods, but if we do so we will give public notice of that change. Any such changes will not have retrospective effect, and will not be relied on by us until 6 months after the date we have published public notice of our change on our website.
When is the settlement date of a claim?
If your land, building or contents claim has been settled, we will calculate the limitation date for that claim from its settlement date.
If your claim has been settled by payment:
- The limitation period starts running from the date we make payment in settlement of your claim under the EQC Act.
- Where we have made one or more “top-up” settlements for a claim, then the date will be calculated from the most recent settlement payment.
- If no payment is made because the settlement due is less than the excess amount, the date will be calculated from when we communicate our settlement position to the customer.
If your claim was settled through repair under the Canterbury Home Repair Programme (CHRP) or through an EQC managed repair:
- The limitation period starts running from the date of practical completion of the repairs.
- If there have been further repairs carried out by us after the date of practical completion, then the date will be calculated from the most recent date those further repairs were completed
When is the date that a claim has been declined?
If a claim has been, or will be, declined (which may also be described as “not accepted”, “closed”, or other similar language), the customer will have received correspondence from us communicating that decision. The limitation period will begin to run from the date in that communication.
What if my claim hasn’t been settled or declined?
If a claim has not yet been settled, and has not been declined, then the limitation period will start to run only when the claim is settled or declined.
Frequently Asked Questions
Why haven't you announced an extension of the limitation date, as insurers have done?
Our approach to limitation periods takes into account the circumstances of each individual claim and allows customers six years after that claim was settled or declined to decide whether to bring legal proceedings.
Insurers have announced extensions of the limitation date because some consider that under their policies the limitation period starts running from the date of each earthquake. However, we do not consider that is the case for claims under the EQC Act.
How the Limitation Act applies to policies provided by private insurers may differ between policies and people should talk with their private insurer and potentially their lawyer about their individual claims.
What is the date of practical completion?
The date of practical completion is the date that we and our building contractor agreed that the repair work to your property was completed, apart from minor issues that could be rectified without affecting the use of the property.
What should I do if I disagree with my claim settlement?
If you have any concerns with your settlement or become aware of new information relevant to your claim, you can raise this with us for review.