A new group of claimants, we did not own the houses we live in now, at the time of the earthquakes. We bought our houses after they had been repaired by EQC. We were assured these houses had their earthquake damage repaired fully and correctly; our due diligence showed all the paperwork to be in order. Now we find they were not and our houses are breaking.
As they were repaired under the Canterbury Home Repair Program led by Fletchers and managed by EQC, these houses were considered to be “undercap”, which means they were assessed as having less than $100k plus GST worth of damage and did not get transferred to the insurer. So they have no claim lodged with the private insurer.
EQC is saying, if we agree your house was assessed / and or repaired wrongly, our obligation under the law (EQC Act) is to pay you the $100k and send you to your insurer. For many if not most of us, this is happening 6-7 years after the earthquake. The insurer is saying, sorry, this is not our problem. If EQC had done their job correctly, you would have lodged a claim with us and it would be sorted.
Many if not most of the issues that these houses with failed or botched EQC repairs are facing, are structural. The foundations and subfloors were not assessed or repaired correctly and the costs of putting this right are significant.
So who pays? Well that’s the untested legal question that it seems at this stage, only a court can decide.
We are asking our government to honour its promises made in the lead up to the election, to resolve all outstanding claims, to launch a commission of inquiry into EQC, and establish a $1m fund for test cases to clarify major legal issues around earthquake insurance claims.
We know this Labour government has just got its feet under the table but this is urgent and after #7YearsOn this issue needs addressing immediately.
We don't have much more energy, money or life left in us. Please help so we can get our lives back. Show your support here by posting a photo of your letterbox on our Facebook page and take our poll.