Can I join the EQC On-sold class action?
To be able to join this class action you need to ensure that you meet the qualifying criteria listed below (this is taken from the court approved application of the Representative Order).
If you have any questions or concerns on any of the qualifying criteria you should seek independent legal advice.
- The owner of a residential building insured by s 18 of the Earthquake Commission Act 1993 ("Act") during the Canterbury Earthquake Sequence that commenced on 4 September 2010 and ended on 23 December 2011 ("CES");
- The residential building suffered natural disaster damage in an earthquake in the CES;
- Claims(s) made to the EQC for the natural disaster damage;
- EQC accepted the claim(s) for natural disaster damage to the residential building;
- In relation to the claim(s) for natural disaster damage to the residential building, EQC by itself, or its agents, produced a:
a. Record of the natural disaster damage to the residential building;
b. Scope of repairs required to reinstate the natural disaster damage to the residential building;
c. Costing to repair the natural disaster damage to the residential building. - EQC then determined the amount of natural disaster damage to the residential building under s 29 of the Act to be under the statutory cap of s 18 of the Act;
- EQC then chose to settle the under-cap claim(s) for natural disaster damage to the residential building under ss 18 and 29 of the Act by way of payment, replacement or reinstatement;
- The owner purchased the residential building subsequent to the purported EQC under-cap claim(s) settlement for natural disaster damage in paragraph 7 above;
- At the time of the purchase in paragraph 8 above the owner was aware of the previous purported under-cap settlement of the claim(s) for natural disaster damage to the residential building by EQC;
- EQC's purported settlement of the claim(s) for natural disaster damage in paragraph 7 above did not meet the standard required by the Act;
- The cost to reinstate the residential building to the required standard now exceeds the statutory cap for the property under s 18 of the Act;
- There is no policy of insurance to pay the reinstatement costs above the statutory cap for the property under s 18 of the Act;
- The relevant act or omission on which the claim is based occurred:
a. within six years of 3 June 2021 where EQC or its agents carried out the remedial work to the building; or
b. within six years of 2 September 2021 for other class members; or
c. within such longer period as is permitted by the extension provisions of the Limitation Act 2010 for any claimant to whom those extension provisions apply.
The applicable limitation period in (a)–(c) above is qualified by the Building Act 2004 where any claim relates to "building work". - There is no binding settlement agreement between the EQC and any owner of the residential building in respect of claim(s) made for natural disaster damage to the residential building in the CES.
Further information about the claim
If you have questions about this class action, please contact us and one of our team will be in touch with you.