Owners of properties should not overlook that they have a separate claim for land damage against EQC under s19 of the Earthquake Commission Act 1993.
19Residential land
-
Subject to any regulations made under this Act and to Schedule 3, where a residential building is deemed to be insured under this Act against natural disaster damage, the residential land on which that building is situated shall, while that insurance of the residential building is in force, be deemed to be insured under this Act against natural disaster damage to the amount (exclusive of goods and services tax) which is the sum of, in the case of any particular damage,—
-
(a)the value, at the site of the damage, of—
-
(i)if there is a district plan operative in respect of the residential land, an area of land equal to the minimum area allowable under the district plan for land used for the same purpose that the residential land was being used at the time of the damage; or
-
(ii)an area of land of 4 000 square metres; or
-
(iii)the area of land that is actually lost or damaged—
whichever is the smallest; and
-
-
(b)the indemnity value of any property referred to in paragraphs (d) and (e) of the definition of the term residential land in section 2(1) that is lost or damaged.
-
