After the extreme weather events in 2023 the Auckland Council established a process for categorising properties for eligibility to council compensation/buy outs.  It is a voluntary process where homeowners must complete a registration form by 30 September 2024. It appears that process is slow.  Here is the 9 may 2024 Council update. A total of 1307 homes have received a final property categorisation with 405 classed as Category 3 and eligible for a buy-out (as of 9 May).  210 Category 3 homeowners had received or accepted a buy-out offer, and 63 properties had completed their sa ..read more

The High Court (Paulsen AJ) on 24 April 2024 in Freer & anor v EQC [2024] NZHC 912 granted both parties leave to appeal his previous judgments about certification of the class action.  The homeowners,  Freer & McEvedy, seek to enlarge the class to include IFV people and non-current owners; whereas EQC wants to avoid any class action.  Hopefully the appeal is resolved within 12 months. The post EQC Land Class Action Appeal appeared first on Grant Shand ..read more

In the EQC on sold class action Mathias v EQC  the High Court fixed the date for people to lodge a notice with the Court opting into the class action as 5pm on 22 September 2023.  Some people lodged notices after the deadline.  EQC opposed the late notice people being part of the class.  In Mathias v EQC [2024] NZHC 533 the High Court (Lester AJ) dismissed the EQC opposition and extended the opt in date to the date that each individual notice was received by the Court.  The extension of time was done under rule 1.19  of the High Court Rules as being in the interes ..read more

Early Christmas Present for EQC Land Claimants   The door has been opened for what could be one of the largest class actions New Zealand has ever seen. Late yesterday, the Christchurch High Court authorised a class action against the EQC related to how it handled and paid claims for earthquake land damage in the 2010/2011 Canterbury Earthquakes. The action may also benefit other victims of natural disaster land damage. Leading insurance lawyer Grant Shand and Andrew Barker KC took a case to the High Court to determine whether their clients, Lucinda McEvedy and Andrew Freer ..read more

on 22 September 2023 at 5pm time expires for eligible class members to opt into the Mathias v EQC class action.  It is to enable purchasers of earthquake damaged houses to get cash compensation from EQC for EQC’s defective assessments and/or repair work.  The claims are funded by a litigation funder.  Here is a link to a website about the claims.     The post EQC On Sold Class Action – Opt in expiry appeared first on Grant Shand ..read more

Govt to support councils with buyout and better protection of cyclone and flood affected properties Hon Grant Robertson Hon Michael Wood Cyclone Recovery Finance The Government will enter into a funding arrangement with councils in cyclone and flood affected regions to support them to offer a voluntary buyout for owners of Category 3 designated residential properties. It will also co-fund work needed to protect Category 2 designated properties. “From the beginning of this process the Government has supported a locally-led response to the North Island weather events, as requested b ..read more

In Tadd Management Ltd v Weine & ors [2023] NZHC 764 the High Court (Gwynne J) decided that the vendor misrepresented the seismic rating of 134 Queens Drive Lower Hutt that it sold to the plaintiff in December 2017 for $1,227,000 at auction.  The vendor based on a report from the third party, NZ Consulting Engineers Ltd, represented a 60% NBS rating and that the earthquake rating was “Good”.  The court decided that this was a misrepresentation and also common mistake.  It awarded the purchaser damages of $592,00 being the difference in value of the building as it was and as ..read more

There is a class action against EQC in relation to Canterbury houses badly assessed/repaired by EQC after the Canterbury Earthquakes.  There may be in excess of 70,000 eligible homeowners.  Owners have to opt in to the proceeding by 22 September 2023.  A copy of the opt in notice is here.  The website for the class action is www.eqconsold.co.nz. The post EQC on sold class action active appeared first on Grant Shand ..read more

Phillippa & Gareth Goodman-Jones in a judgment 13 February 2023 lost their claims against people involved in building work at their house at Charteris Bay, Lyttleton.  In a judgment 23 March 2023 in Goodman-Jones v Hughey & ors [2023] NZHC 604 the Court fixed the costs payable by the plaintiffs at a total of $519,840.02.   An expensive waste of time. The post Costs of Losing Building Case appeared first on Grant Shand ..read more

EQC appears to have short paid about 23,000 homeowners for land damage from the Canterbury Earthquakes of 2010/2011.  Rather than pay the cost to repair the land it paid an alleged diminution in value.  This is a difference of about $140,000 for the average homeowner.  Two homeowners have sued EQC and asked the High Court to permit them to represent other similar homeowners.  The Christchurch High Court will hear the representative application on 22 & 23 February 2023.  The claim is funded by a litigation funder.  Here is a website about the claim.  EQC a ..read more