Under New Zealand law, time limitation periods exist for filing proceedings relating to an EQC claim (EQCover claim), also known as a natural hazard claim for Canterbury earthquake house damage or earthquake building damage. If you have an outstanding EQC claim for earthquake damage relating to the Canterbury earthquakes, filing a claim in the relevant court before 4 September 2025 for the 4 September earthquake and 22 February 2026 for the 22 February 2011 earthquake may be critical. Our team can advise you specific to your situation and help you navigate the natural hazard / EQCover claim process.
Limitation periods to make an EQC claim
For earthquake house damage and earthquake building damage caused by the Canterbury earthquakes, claims are made under the Earthquake Commission Act 1993 (EQC ACT).
Read more on how to make an EQC claim.
Relevant limitation periods under the EQC Act as well as New Zealand’s Limitation Act 2010 include:
- 6 years from the date the cause of action arose, with extensions of time available in some circumstances
- 15 years from the date of the act or omission that gave rise to a claim
What the limitation periods mean for an EQC claim
In an EQC claim context, there are few practical scenarios involving the time within which you must claim:
- Six years from the date of earthquake house damage or earthquake building damage. As this time has likely passed, there’s a possibility it may be six years from when an EQC claim was denied
- An extension of the six-year limitation period, in a relevant circumstance, for example if your earthquake house damage was discovered late or fraud is involved
- 15 years from the event that gave rise to your EQC claim, regardless of when that event was discovered (such as earthquake house damage, earthquake building damage or botched EQC repairs). This time limit cannot be extended if raised as a defence and means the longstop date of 15 years after the event may be critical
A recent development in EQC claim case law
The Canterbury Earthquakes Insurance Tribunal recently referred questions about limitation periods to the New Zealand High Court. The referral of P and R v EQC and MIS was made because there are wide public interest ramifications in the decision, particularly for property damage insurance claims made after 1 January 2011.
A key issue in the case is when the timing for a limitation period starts, either:
- When the earthquake house damage or earthquake building damage occurs, or
- When the EQC claim amount exceeds the statutory cap
Another key issue is whether a private insurer’s duty of utmost good faith means that they can’t rely on a limitation period defence. In an EQC claim context, this type of defence says that the claim can’t proceed because it wasn’t started within the specified legal time limitation period.
How Shine Lawyers can help
Our dedicated team at Shine Lawyers New Zealand understands the complexities and challenges involved in EQCover claims and natural hazards claims, including:
- Checking whether a specific EQC claim is still valid according to relevant limitation periods
- Whether exceptional circumstances apply to Canterbury earthquake damage for which you’ve not yet made an EQC claim (which would mean you could apply for an extension of the relevant time limitation period)
- Whether the longstop time limitation period of 15 years could apply to your specific situation, in which case you must file legal proceedings without delay
Get in touch today to discuss your EQ claim options.
* From 1 July 2024, the Earthquake Commission Toka Tu Ake is known as the Natural Hazards Commission Toka Tū Ake. The Earthquake Commission Act is now known as the Natural Hazards Insurance Act.
