Appeal to Attorney-General to extend limitation period

Law academic and community groups appeal for Government action

Empowered Christchurch and the South Brighton Residents' Association last week sent an appeal to the Attorney-General of New Zealand, Hon. Christopher Finlayson QC, requesting an extension to the limitation period under the Limitation Act 2010 for claims relating to the Canterbury earthquakes. The appeal was supported by an accompanying letter from Dr Lindsay Breach, a law academic from the University of Canterbury.

As the Earthquake Commission is only now settling many of the outstanding land claims, property owners have only a matter of months to obtain technical reports and file a claim before the limitation period expires at the start of September 2016.

Empowered Christchurch and the SBRA, a residents' association in one of the worst affected areas of the city, have raised this issue on many occasions in discussions with the Earthquake Commission, the Insurance Council of New Zealand and the Christchurch City Council. The subject has also been brought up in our submission to the Local Government and Environment Committee on the Regenerate Christchurch Bill, in discussions with local MPs and, more recently, with members of the Regenerate Christchurch Board and a representative from the Office of the Prime Minister.
Instead of land damage being assessed promptly and efficiently to establish whether homes could or should be rebuilt, this crucial aspect has been left until last.

In November 2012, the EQC stated that "all Christchurch land-damage claims will be settled by the end of 2014." Almost two years later, it has still not finalised land claims. As a result, thousands of policyholders will be obliged to file proceedings against their insurer and/or the EQC before 3 September 2016 when the limitation period comes to an end. This could lead to serious backlogs in the already overburdened District Court and High Court. The recent discovery that the Christchurch City Council has used incorrect assumptions in its flood modelling and ignored its own recommendations for floor levels in tidally influenced areas may swell the number of claimants even further.
We are conscious of the pressure on people to file claims before the September deadline and believe an extension of the limitation period would relieve a great deal of anxiety.

Séamus O’Cromtha
Secretary Empowered Christchurch

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