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Wednesday, April 10, 2013

CERA - Community issues and questions update

CERA have again updated their page on community issues and questions. They will shortly be available in PDF form.

The information on the page (here) is now:

1. What kind of information am I entitled to receive about my property?

2. Once payment has been determined when can I expect to receive it?

3. Residential Rebuild Plans

Please provide links for your residential build / progress / reinstatement strategy plan. Please include the TC1,2,3 and rural areas and the start and expected end timelines as well as information on the communication homeowners can expect about their place in the queue and when they can expect it. Please include any other important information about places in the queue i.e. – vulnerabilities, change of circumstances.

4. Land Remediation

Accepting that the majority of land settlements will be cash settlements:

If land has to be remediated prior to reinstatement of a house commencing, please answer the following:

  • Whose responsibility is it to decide on the methodology of remediation and/or foundation structure and/or strengthening if necessary?
  • Who pays for remediation? (For each methodology)
  • Who is responsible for managing the remediation?

If there is an explanation of this process of decision making and responsibility please provide it.

5. Property repairs and maintenance

  • When you know you are a repair what temporary earthquake related repairs can a property owner do whilst they are waiting for their full reinstatement?
  • When you know you are a repair what maintenance can a property owner do whilst they are waiting for their full reinstatement?
  • When you don’t know if you are a repair or a rebuild what would be the expected maintenance of the property waiting for full reinstatement and at whose cost?
  • If the property suffers consequential or incidental damage as a result of a lack of temporary or permanent repair, how will this impact on the insurance claim? E.g. mould, rot, water damage.

6. A number of SCIRT-related questions have been received including:

  • What right of review do residents have if they do not wish to have pressurised sewerage systems imposed upon their neighbourhood?
  • What happens if a neighbourhood refuses to consent to such systems on their properties?
  • What right do neighbourhoods have to have decisions regarding the cost effectiveness of such systems throughout the life of the systems peer-reviewed?

7. IAG have confirmed that where a permanent S124 notice is present on a property, the claim will be deemed a total constructive loss. What are the positions of the other insurers on permanent S124 notices?

8. Apportionment, joint reviews and communication

  • As of 12 March 2013 how many claims are yet to be apportioned, before the May deadline?
  • As of 12 March 2013 how many claims are in or awaiting a joint review and is there a projected time frame for completion of all joint reviews?
  • There has been discussion about EQC handing over claims that are indicated at the $75 – $80k settlement. What is your organisation’s position with regard to the handing over/taking over a claim prior to EQC’s determination of reaching the $100k cap?
  • Whose responsibility is it to communicate the following progress to the property owner?
            Apportionment complete
            Joint review complete
            Claim handed over/taken over by private insurer.

9. If EQC and private insurer/s go to court regarding land remediation versus increased foundation costs, what is the financial and timing impact on the resident?

10. Have the CCC responded to the communications audit provided by Felicity Price?

  • As At 12 March 2013, what recommendations have been accepted and what specific actions have been taken for each of the recommendations?
  • What measurable outcomes have been developed, what progress has been made against those outcomes and who has it been reported back to?
  • Specifically: CERA, Community Boards, Elected Members, staff, the public?

11. Is there a legal requirement to follow the guidelines for foundation repair or rebuild on TC3 land?

  • What can a resident do to ensure the viability of their build?
  • Do they have a right to challenge or refuse the guidelines?
  • Can they demand consent exemption and can they clarify what falls under consent?

A meeting is requested with MBIE to discuss this further so we can frame the question to incorporate a large issue.

12. Under what circumstances does EQC require a damage assessment to be completed by a structural engineer when determining apportionment of claims or level of damage?

13. Does EQC accept independent reports? If there is an independent report which differs from an EQC report, what is the process to resolve the differences? Look at both the damage report and repair strategy.

14. If the land is uneconomic to remediate because of the cost of removing the house, what are the obligations of EQC and the insurer? This could include who pays for the removal and reinstatement of the house, costs of the foundation on another site etc. What is the full process and who does what?

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