Port Hills – s124 notices and red-zoning

It is expected that the High Court at Christchurch will shortly hear a test case about whether a notice under s124 of the Building Act 2004 and/or “red-zoning” for rockfall/rockroll/cliff collapse risk results in the property being a “total loss” for insurance purposes.  In two court proceedings the insurance company, Vero Insurance,  denies that the house is a total loss under the insurance policy and wishes to settle the insurance claim under the insurance policy on a theoretical repair cost.