Earthquake house damage, natural disasters and natural hazards in New Zealand
The Natural Hazards Insurance Act 2023 took effect on 1 July 2024. The legislation (which may be referred to as the NHI New Zealand Act or simply NHI NZ Act) replaces:
- The Toka Tū Ake Earthquake Commission (EQC) with the Natural Hazards Commission Toka Tū Ake.
- The Earthquake Commission Act 1993 (EQC Act)
However, it’s important to know that the EQC Act continues to apply to earthquake and natural disaster damage that has occurred before 1 July 2024.
For natural hazards damage that first occurred on or after 1 July 2024, claims are made under the NHI NZ Act.
What is the difference between EQC Act claims and NHI NZ claims?
When making a claim for damage to your property, the date the damage first occurred is important.
This determines whether your claim is subject to the:
- EQC Act, or the
Below is a summary of how claims under the EQC Act and NHI NZ Act differ:
Damage first occurred before 1 July 2024
Your claim is under the EQC Act for natural disaster damage to your residential buildings or land caused by:
- An earthquake, including EQC Christchurch claims
- Natural landslip
- Volcanic eruption
- Hydrothermal activity
- Tsunami
- Natural disaster fire
- Storm or flood (for residential land only)
Damage first occurred on or after 1 July 2024
Your claim is under the NHI NZ Act for natural hazard damage caused to your residential buildings by:
- An earthquake
- Hydrothermal activity
- A landslide
- A tsunami
- Volcanic activity
- A fire that’s a consequence of any of the above natural hazard
Your claim is under the NHI NZ Act for natural hazard damage caused to your residential land by:
- An earthquake
- Hydrothermal activity
- A landslide
What are the time limits to make your EQC Act claim or NHI NZ Act claim?
Each claim is specific to its own circumstances, and strict time limits apply for making an EQC Act or NHI NZ Act claim or a claim against a private insurer. Below is a summary of the time limits that apply to your claim, depending on when the damage occurred (before, on or after 1 July 2024):
Damage before 1 July 2024 (under the EQC Act)
- Within three months of the pre-1 July 2024 damage occurring
- In some circumstances, within two years of the pre-1 July 2024 damage occurring
Damage on or after 1 July 2024 (NHI New Zealand Act)
- Within three months of the earliest (on or after 1 July 2024) damage occurring
- In some circumstances, within two years of the (on or after 1 July 2024) damage occurring
High court proceedings
- Must be filed within 6 years of the claim event occurring (earthquake, botched earthquake repairs, natural disaster or natural hazard)
Unresolved earthquake house damage claims
If your property has an unresolved earthquake house damage claim, that involves one or more of the following, get in touch with us:
- The EQC has paid out its full financial obligation, but you as the insured homeowner have a disputed claim over the repair scope (for repairs or replacement)
- The EQC has indicated that your house can be repaired for less than the $100,000 cap
- Either the EQC or a private insurance company has signed off on repairs, but the repairs are either substandard or do not meet the policy standard. In many cases like this, either the EQC or private insurer has attempted to repair to a lesser standard than the “as new” requirements under relevant laws
- Your earthquake damaged home has had botched EQC repairs, repairs have been missed, or the home has been inadequately repaired by the EQC and on-sold
These outstanding private insurers and EQC Christchurch claims have led to significant litigation in court. Many people with earthquake house damage or failed EQC repairs have found that the only way to force insurers to meet their policy obligations is to issue court proceedings.
How Shine Lawyers can help
Our expert insurance lawyers can advise you and help you understand your entitlements and available options, regardless of when damage occurred. This includes advice on relevant building cap and time limits within which to claim.
We’ve successfully assisted thousands of New Zealanders with their earthquake insurance claims under the EQC Act, including those insured with Southern Response.
We are passionate about helping you claim for your damaged home. Contact Shine Lawyers NZ today for an obligation-free consultation so we can help you with your claim for natural damage.
What is the legal process for earthquake claims and natural hazards claims?
Shine Lawyers work closely with our clients to explain the legal process and help you to clearly understand your rights. While no two claims are the same, a general outline of the legal process is provided below.
Make contact
Initial legal consultation
Build your case and run your case
Case resolution
Case conclusion
Why choose Shine Lawyers?
Free 30 minute consultation
Claim assessment where we explain all of the options available
Can’t make it to the office? We can meet with you virtually
We are here to help you right wrong.
Frequently Asked Questions about EQC Act claims and NHI NZ Act claims
What happens if your property suffers natural hazard damage before and after 1 July 2024?
If your property suffers natural disaster damage before 1 July 2024 and further natural hazard damage on or after 1 July 2024, our experienced team at Shine Lawyers can advise you on the correct process for your damages claim.
What should you do if your earthquake damaged home has botched EQC repairs?
Under New Zealand law you are entitled to have your earthquake house damage repaired to a ‘when new’ standard in line with current building regulations.
Botched EQC repairs (or defective repairs signed off by a private insurer) may be hidden, in a home which looks cosmetically sound. They are likely to seriously affect your home’s integrity and value.
If your home was impacted by the Christchurch earthquakes, contact our team at Shine Lawyers NZ. We have acted for many property owners to resolve their outstanding private insurance and EQC Act claims and ensure the safe and timely repair of their home.
Is there an insurance lawyer near me?
We believe that everyone is entitled to the highest standard of legal advice and service, no matter where they’re located. Shine Lawyers’ insurance claims team includes some of the firm’s most experienced solicitors and support staff.
With branches in Auckland and Christchurch and obligation-free virtual appointments, location is no barrier when it comes to accessing Shine Lawyers’ insurance claims legal advice and support. No matter where you’re located, our expert team will do everything they can to help bring justice for your insurance claim that’s been unfairly refused or wrongly declined. You have access to the same expert legal advice and the same level of quality and commitment.
Who is Shine Lawyers New Zealand's Earthquake Damage Claims team?
Shine Lawyers’ Earthquake Damage Claims Team includes some of the firm’s most experienced solicitors and support staff. The team includes:
