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 sale and purchase agreements (as of 3 May).  Overall, 2812 property owners have registered for […]

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.

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 interests of justice.

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.    

In Local Government Mutual Funds Trustee Ltd v Napier City Council [2023] NZSC 97 the Supreme Court dismissed the LGMFT appeal about its liability for a $12M building defects settlement paid by the Council about Waterfront Apartments.  The relevant insurance policy excluded liability from weathertightness defects.  The apartment owners alleged both weathertightness defects and non-weathertightness defects.  About $4.4M of the $12M paid related solely to non-weathertightness defects.  In this situation, where the Council faced liability for separate and divisible loss arising from breaches of the weathertightness and non-weathertightness aspects of the Building Code, only the former are excluded from cover notwithstanding that the claim was presented on a mixed basis.  […]