Earthquake Commission Act 1993

1: Short Title and commencement
1: This Act may be cited as the Earthquake Commission Act 1993.
2: This Act shall come into force on 1 January 1994.
2: Interpretation
1: In this Act, unless the context otherwise requires,— board referred to in section 4B Commission Commissioner contract of fire insurance contract of natural disaster insurance dwelling erosion Fund goods and services tax Goods and Services Tax Act 1985 insurance company insured person land section 2 of the Valuation of Land Act 1951 Minister natural disaster
a: an earthquake, natural landslip, volcanic eruption, hydrothermal activity, or tsunami; or
b: natural disaster fire; or
c: in the case only of residential land, a storm or flood natural disaster damage
a: any physical loss or damage to the property occurring as the direct result of a natural disaster; or
b: any physical loss or damage to the property occurring (whether accidentally or not) as a direct result of measures taken under proper authority to avoid the spreading of, or otherwise to mitigate the consequences of, any natural disaster, but does not include any physical loss or damage to the property for which compensation is payable under any other enactment natural disaster fire natural landslip person physical loss or damage replacement value
a: demolition and removal of debris, to the extent that is essential to enable the building to be replaced or reinstated; and
b: replacing or reinstating the building to a condition substantially the same as but not better or more extensive than its condition when new, modified as necessary to comply with any applicable laws; and
c: complying with any applicable laws in relation to the replacement or reinstatement of the building; and
d: other fees or costs payable in the course of replacing or reinstating the building, including architects' fees, surveyors' fees, and fees payable to local authorities residential building
a: any building, or part of a building, or other structure (whether or not fixed to land or to another building, part, or structure) in New Zealand which comprises or includes 1 or more dwellings, if the area of the dwelling or dwellings constitutes 50% or more of the total area of the building, part, or structure:
b: any building or part of a building (whether or not fixed to land, or to another building, part, or structure) in New Zealand which provides long-term accommodation for the elderly, if the area of the building which provides long-term accommodation for the elderly constitutes 50% or more of the total area of the building, part, or structure:
c: every building or structure appurtenant to a dwelling referred to in paragraph (a) paragraph (b)
d: all water supply, drainage, sewerage, gas, electrical, and telephone services, and structures appurtenant thereto—
i: serving a dwelling referred to in paragraph (a) paragraph (b)
ii: situated within 60 metres, in a horizontal line, of the dwelling or building or part; and
iii: owned by the owner of the dwelling or building or part, or by the owner of the land on which the dwelling or building or part is situated residential land
a: the land on which the building is situated; and
b: all land within 8 metres in a horizontal line of the building; and
c: that part of the land holding which—
i: is within 60 metres, in a horizontal line, of the building; and
ii: constitutes the main access way or part of the main access way to the building from the boundary of the land holding or is land supporting such access way or part; and
d: all bridges and culverts situated within any area specified in paragraphs (a) to (c); and
e: all retaining walls and their support systems within 60 metres, in a horizontal line, of the building which are necessary for the support or protection of the building or of any property referred to in any of paragraphs (a) to (c).
2: For the purposes of this Act, a renewal of a contract of insurance shall be deemed to be a new contract. Section 2(1) board amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) personal property repealed 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 2(1) replacement value replaced 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
3: Act to bind the Crown
This Act shall bind the Crown.
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 3A inserted 19 February 2019 section 4 Earthquake Commission Amendment Act 2019
1: Earthquake Commission
4: Earthquake Commission
1: There shall continue to be a Crown entity called the Earthquake Commission which shall be the same body corporate as that existing under the name of the Earthquake and War Damage Commission immediately before the commencement of this Act.
2:
3:
4:
5: The persons holding office as members of the board of the Earthquake and War Damage Commission immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been appointed as members of the board under this Act, but their term of office under this Act shall be deemed to have commenced on the date on which they were appointed or last reappointed to the first-mentioned board. Section 4(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
4A: Crown Entities Act 2004 to apply
1: The Commission is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Section 4A inserted 25 January 2005 section 200 Crown Entities Act 2004
4B: Membership of Commission's board
1: The Commission's board must have no fewer than 5, and no more than 9, members.
2: The members of the Commission are the board for the purposes of the Crown Entities Act 2004 Section 4B inserted 25 January 2005 section 200 Crown Entities Act 2004
5: Functions of Commission
1: The functions of the Commission are—
a: to administer the insurance against natural disaster damage provided under this Act:
b: to collect premiums payable for the insurance provided under this Act:
c: to administer the Fund and, so far as is reasonably practicable, protect its value, including by the investment of money held in the Fund:
d: to obtain reinsurance in respect of the whole or part of the insurance provided under this Act:
e: to facilitate research and education about matters relevant to natural disaster damage, methods of reducing or preventing natural disaster damage, and the insurance provided under this Act:
f: such other functions as may be conferred on it by—
i: this Act or any other Act; or
ii: the Minister, in accordance with section 112
2: Section 5(1)﻿(f)﻿(ii) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Powers of Commission
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Capital of Commission
1: The capital of the Commission shall be $1,500,000,000, in shares of $1 each, which shall be deemed to have been subscribed for and paid up in full from the Fund by the Minister on behalf of Her Majesty the Queen on 1 October 1988.
2: The Governor-General, on the advice of the Minister given after consultation with the board, may by Order in Council increase or reduce the share capital of the Commission to such amount as may be prescribed in the order.
3: The share capital of the Commission shall not be increased otherwise than in accordance with subsection (2).
4: The Commission shall not allot any shares in its capital to any person other than Her Majesty the Queen or a nominee holding shares on behalf of Her Majesty.
5: The Minister may, on behalf of Her Majesty the Queen,—
a: subscribe for or otherwise acquire any shares issued by the Commission on any increase of its share capital pursuant to subsection (2):
b: receive any money paid by the Commission on a reduction of its share capital pursuant to subsection (2):
c: exercise any of Her Majesty's rights and powers as the holder of any shares in the Commission.
6: All money required to be paid by the Minister in respect of the subscription for, or other acquisition of, shares in the Commission (other than the share capital of $1,500,000,000 referred to in subsection (1)) shall be paid out of public money appropriated by Parliament for the purpose.
7: All sums paid or deemed to be paid by the Minister in respect of the subscription for, or other acquisition of, shares in the Commission shall be deemed to form part of the Fund.
8: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Commission to be Crown entity
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Minister may determine dividend
The Minister, by written notice to the Commission, after consultation with the Commission, may determine the amount of dividend payable by the Commission in respect of any financial year or years, and the Commission shall comply with the notice.
10: Exemption from income tax
1: The Commission is hereby declared to be exempt from the payment of income tax under the Income Tax Act 2007
2: The Commission shall pay into a Crown Bank Account Section 10(1) amended 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise) section ZA 2(1) Income Tax Act 2007 Section 10(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989
11: Auditor-General to be auditor of Commission
1:
2: Without limiting section 4 Section 11 substituted 1 July 2001 section 53 Public Audit Act 2001 Section 11(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 11(2) amended 25 January 2005 section 200 Crown Entities Act 2004
12: Directions by Minister
1: In directing the entity in accordance with section 103
1A: The Minister may, in giving any written directions section 5(1)﻿(c)
a: the Crown's current and possible future overall financial position, having regard to the requirement in section 16
b: the Crown's current and possible future overall financial position, taking into account the interests of the Crown in the bodies referred to in section 27(3)﻿(a) to (f)
c: the Commission's current and possible future overall financial position.
1B: Without limiting subsections (1) and (1A), written directions section 5(1)﻿(c)
2:
2A:
2B:
3:
4: Every direction given under section 9 of the Earthquake and War Damage Act 1944 (as substituted by section 3 of the Earthquake and War Damage Amendment Act 1988) and in force on the commencement of this Act shall be deemed to have been given under section 103 Section 12(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 12(1A) inserted 27 March 1998 section 2 Earthquake Commission Amendment Act 1998 Section 12(1A) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 12(1A)﻿(b) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 12(1B) inserted 27 March 1998 section 2 Earthquake Commission Amendment Act 1998 Section 12(1B) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2A) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2B) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(4) amended 25 January 2005 section 200 Crown Entities Act 2004
13: Natural Disaster Fund
1: For the purposes of this Act, there shall continue to be a fund to be known as the Natural Disaster Fund (being the same fund as that existing under the name of the Earthquake and War Damage Fund immediately before the commencement of this Act).
2: The Disaster and Landslip Fund, continued in existence by regulation 11 of the Earthquake and War Damage Regulations 1984, shall cease to be a separate fund within the Natural Disaster Fund from the commencement of this Act and all money held in the Disaster and Landslip Fund shall be amalgamated with the money held in the Natural Disaster Fund.
3: All money in bank accounts established by the Commission, and all investments and other assets of the Commission, shall be deemed to form part of the Fund.
4: All money which is required to be paid into or out of the Fund may be paid into or out of any bank account established by the Commission.
5: Section 100 Section 13(5) added 25 January 2005 section 200 Crown Entities Act 2004
14: Money payable into Fund
1: There shall from time to time be paid into the Fund—
a: the proceeds of all premiums and other money payable to the Commission:
b: all fines and penalties recovered under this Act or any regulations in force under this Act:
c: all other money that is lawfully payable into the Fund.
2: All money in the Fund, and all money payable into the Fund by any person, and all debts and other money for the time being owing to the Commission by any person, whether on account of premiums or otherwise, and whether they are accrued due or not, are hereby declared to be the property of the Commission and recoverable accordingly by the Commission.
15: Money payable out of Fund
There shall, from time to time, be paid out of the Fund—
a: all claims admitted or sustained against the Commission in respect of the insurance of any property under this Act and all expenditure in connection with any such claims:
b: all refunds of premiums or any part thereof made by the Commission:
c: all premiums and other expenditure in connection with the reinsurance of any liability of the Commission:
d: such sums as the Commission may from time to time decide to grant to any person or body of persons engaged in research into any matter relevant to the Commission's functions:
e: such sums as the Commission may from time to time decide to spend for the purposes of informing or educating any persons about any matter relevant to the Commission's functions:
f: all money required to repay any money borrowed by it under section 16
g: all dividends payable under section 9 section 10(2) section 17
h: all salaries, remuneration, and allowances and other expenditure incurred, or other money payable by the Commission under, or in the administration of, this Act, or in the exercise of the Commission's functions or powers under this Act, or in accordance with regulations made under this Act.
16: Deficiency in Fund
If the assets of the Commission (including the money for the time being in the Fund) are not sufficient to meet the liabilities of the Commission, the Minister shall, without further appropriation than this section, provide to the Commission out of public money such sums by way of grant or advance as may be necessary to meet the deficiency upon such terms and conditions as the Minister determines.
17: Fees payable to Crown by Commission
There shall be payable by the Commission to the Crown each year, on such date as the Minister determines, a fee to be determined from time to time by the Minister in respect of the obligation imposed by section 16
2: Insurance of residential property against natural disaster
Insurance
18: Residential buildings
1: Subject to any regulations made under this Act and to Schedule 3
a: if the contract of fire insurance specifies a replacement sum insured for which the building is insured against fire under that contract, the amount of that sum insured:
b: if the contract of fire insurance does not specify such a replacement sum insured but does specify an amount to which the building is to be insured under this Act, that amount:
c: the amount arrived at by multiplying the number of dwellings in the building (being the number determined in accordance with subsection (3)) by $150,000
2: An amount specified for the purposes of subsection (1)﻿(b) shall not be less than the amount calculated by multiplying $2,500 be the amount calculated by multiplying $2,500,
3: For the purposes of subsection (1)﻿(c), a residential building is deemed to comprise 1 dwelling unless the existence of a higher number of dwellings in the building is disclosed to the insurance company at the time that the contract of fire insurance is entered into. Section 18(1)﻿(c) amended 1 July 2019 section 8(1) Earthquake Commission Amendment Act 2019 Section 18(2) amended 1 July 2019 section 8(2) Earthquake Commission Amendment Act 2019 Section 18(2) amended 1 July 2019 section 8(3) Earthquake Commission Amendment Act 2019
19: Residential land
Subject to any regulations made under this Act and to Schedule 3
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)
20: Personal property
Section 20 repealed 1 July 2019 section 9 Earthquake Commission Amendment Act 2019
21: Property not insured under this Act
1: Sections 18 and 19
a: any property of a kind specified in Schedule 2
b: any property of a kind specified for the purposes of this section in regulations made under this Act.
2: Nothing in subsection (1) shall limit—
a: either of paragraphs (c) and (d) of the definition of the term residential building in section 2(1)
b: either of paragraphs (d) and (e) of the definition of the term residential land in section 2(1) Section 21(1) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
22: Voluntary insurance against natural disaster damage
1: On application made by any person having an insurable interest in any residential building or residential land, the Commission may enter into a contract to insure that building or land section 18 19
2: A contract may be made under this section—
a: for the insurance of any residential building or residential land that is not insured under section 18 19
b: for the insurance of any residential building or residential land in substitution for the insurance of that building or land under section 18 19
3: Upon the making of a contract under this section, a premium at the rate prescribed for the purposes of this section or, where no such rate is prescribed, at such rate as the Commission thinks fit shall be payable to the Commission by the applicant. Section 22(1) amended 1 July 2019 section 10(1) Earthquake Commission Amendment Act 2019 Section 22(1) amended 1 July 2019 section 10(2) Earthquake Commission Amendment Act 2019 Section 22(2)﻿(a) replaced 1 July 2019 section 10(3) Earthquake Commission Amendment Act 2019 Section 22(2)﻿(b) replaced 1 July 2019 section 10(3) Earthquake Commission Amendment Act 2019 Premiums
23: Premiums payable to Commission
1: When a contract of fire insurance of a kind referred to in section 18
2: The amount of a premium for which any insurance company becomes liable under this section in respect of any contract of fire insurance shall, upon the making of the contract, become a debt due by the insured person to the insurance company, and may be recovered by the company accordingly. If at any time before the debt is fully discharged any other person becomes an insured person under the contract of fire insurance the amount remaining unpaid shall thereupon become a debt due by him or her to the insurance company, without prejudice to the liability of any other person. Where 2 or more persons are liable for any amount under this subsection their liability shall be joint and several.
3: Notwithstanding subsection (2), where a premium is payable by an insurance company pursuant to subsection (1) and the insurance company does not carry on business in New Zealand—
a: the premium shall be a debt due by the insured person to the Commission jointly and severally with the insurance company, and may be recovered by the Commission accordingly:
b: if at any time before the debt is fully discharged any other person becomes an insured person under the contract of fire insurance, the amount remaining unpaid shall become a debt due by him or her to the Commission, without prejudice to the liability of any other person:
c: where 2 or more persons are liable for any amount under this subsection their liability shall be joint and several.
4: Subject to any regulations made under this Act, the Commission may from time to time—
a: allow to insurance companies such discounts as the Commission thinks fit in respect of premiums payable by them under this section:
b: upon or subject to such conditions as the Commission thinks fit, release any insurance company wholly or partly from its liability in respect of any premium or part of a premium under this section which, in the opinion of the Commission, is irrecoverable by the insurance company from the insured person. Section 23(1) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
24: Payment of premiums by insurance companies
1: The amount of the premiums for which any insurance company becomes liable under section 23
2: Each payment to the Commission under subsection (1) shall be accompanied by a certificate by an officer or agent of the insurance company, stating that, according to the books of the company, and to the best of his or her knowledge and belief, the payment is correct.
25: Secrecy of information
1: The amount of every payment under section 24
2: Nothing in subsection (1) shall prohibit—
a: the publication of the amounts of premiums received, and cover provided, by the Commission during or in respect of any period in a manner which does not enable the premiums or amounts of cover attributable to a particular insurance company or companies to be identified; or
b: the use of any of the information referred to in subsection (1) for the purposes of this Act or any regulations made under this Act.
26: Insurance companies to keep records
Every insurance company shall at all times keep in safe custody all records of contracts of fire insurance in respect of which it becomes liable to pay a premium under this Act, including full particulars of each contract, the amount of the premium, and the date of its payment to the Commission. Conditions of insurance
27: Conditions of insurance in Schedule 3
In addition to all other conditions imposed by this Act or by regulations made under this Act—
a: the insurance of any residential building or residential land under section 18 19 Schedule 3
b: the insurance of any residential building or residential land section 22 Schedule 3 Section 27(a) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 27(b) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
28: Certificates of certain events to be registered against land
1: If—
a: the insurance of any residential building or residential land is cancelled under clause 4
b: the Commission issues a limitation of liability notice under subclause (1) or subclause (2) of clause 5 the Commission shall forward a certificate to that effect to the Registrar-General of Land
2: Every such certificate shall set out—
a: the description of the land; and
b: a statement of the provisions of subsection (4).
3: The validity of a certificate under this section shall not be affected by any misdescription in it of the land concerned, if sufficient information appears on the face of the certificate for the Registrar-General of Land
4: The Commission shall, on written application by any person affected by any action of the Commission referred to in subsection (1), supply to that person reasons in writing for that action.
5: If the Commission is satisfied, pursuant to clause 4(3) clause 5(5) Registrar-General of Land, and the Registrar-General of Land
6: Every certificate or notice of discharge under this section shall be signed by the Commission or by some person authorised by the Commission for that purpose. Section 28(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 28(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 28(5) amended 12 November 2018 section 250 Land Transfer Act 2017
29: Settlement of claims
1: Subject to any regulations made under this Act—
a: a claim may be made in respect of any insurance under this Act only by a person who has an insurable interest in the property concerned; and
b: without limiting section 31
2: Subject to any regulations made under this Act and, where a contract has been entered into under section 22
3: Where any property is insured under this Act for its replacement value and the Commission is satisfied that goods and services tax has been paid or will be payable by an insured in the course of replacing or reinstating the property, the amount of any payment under subsection (2) shall be increased by the amount of goods and services tax paid or payable by the insured.
4: Subject to any regulations made under this Act and without limiting the liability of the Commission under this Act, any payments or expenditure for which the Commission may be liable under this section shall be made as soon as reasonably practicable, and in any event not later than 1 year after the amount of the damage has been duly determined (which determination shall be made as soon as reasonably practicable).
5: The Commission may make ex gratia payments in respect of natural disaster damage to property that is not insured under this Act where a premium has been paid under this Act in respect of that property in the belief that the property was insured under this Act.
30: Insurance otherwise than under this Act
1: Where on the occurrence to any property of natural disaster damage against which it is insured under section 18 19 section 22
a: the total amount payable under that contract or those contracts in respect of that natural disaster damage; and
b: the proportion of the natural disaster damage to be borne by the insured person under the conditions applying to the insurance of the property under this Act.
2: Subsection (1) shall not apply with respect to any contract of insurance made otherwise than under this Act to the extent that the contract provides for cover in excess of the amount to which cover is provided under this Act.
3: Notwithstanding anything to the contrary in any contract whereby any property is insured against natural disaster damage otherwise than under this Act, where the property is or has at any time also been insured against that natural disaster damage under section 18 19 section 22 Section 30(1) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 30(3) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
31: Application of conditions in other documents
Where there is expressed or implied in any mortgage, lease, instrument, or document, whether executed before or after the commencement of this Act, any covenant, condition, or power relating to the insurance against loss or damage by fire of any property to which section 18 19 section 22 Section 31 amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
3: Miscellaneous provisions
31A: Collection and disclosure of information
1: The Commission may collect information for any of the following purposes:
a: administering this Act:
b: performing its functions:
c: facilitating natural disaster preparedness, response, or recovery (including settlement of insurance claims by insurance companies).
2: Information collected by the Commission for any of the purposes referred to in subsection (1) is taken to have been collected—
a: for all of those purposes; and
b: if it is property-related information, for the purpose of making the information available (including to the public).
3: The Commission may make available any information in its possession if it believes on reasonable grounds that doing so is necessary to prevent or lessen a serious threat to public health or public safety or to the life or health of any individual.
4: This section does not limit the Privacy Act 2020
5: In this section,— property-related information
a: natural disaster damage to the property; and
b: any claims made under this Act in relation to the property (including information about the assessed cost of replacing or reinstating damaged property, reinstatement methods, and settlement amounts) serious threat section 7(1) Section 31A inserted 19 February 2019 section 5 Earthquake Commission Amendment Act 2019 Section 31A(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 31A(5) serious threat amended 1 December 2020 section 217 Privacy Act 2020
32: Power to inspect property, obtain information, and enter land
1: For the purpose of obtaining any information that may be reasonably required by the Commission for the purposes of this Act, any person specifically or generally authorised in writing in that behalf by the Commission may from time to time—
a: inspect and examine any property and any books, accounts, vouchers, records, or documents:
b: require any person to produce any books, accounts, vouchers, records, or documents in his or her possession or under his or her control, and allow copies of or extracts from any such books, accounts, vouchers, records, or documents to be made or taken:
c: require any person to furnish, in a form to be approved by or acceptable to the Commission, any information or particulars that may be required by the Commission:
d: subject to the provisions of sections 33 34
2: Every such written authorisation shall contain—
a: a reference to this section; and
b: the full name of the authorised person; and
c: a statement of the powers conferred on the authorised person by subsection (1); and
d: the purpose for which those powers may be exercised.
3: Every person shall have the same privileges in relation to—
a: the production to any authorised person of any books, accounts, vouchers, records, or documents; and
b: the furnishing to any authorised person of any information or particulars; and
c: the answering of questions put by any authorised person— under this section as witnesses have in courts of law.
4: A person authorised by the Commission for the purposes of subsection (1) shall not make a record of, divulge, or communicate to any person, any information acquired in exercising the powers conferred by that subsection except—
a: to the Commission; or
b: for the purposes of this Act; or
c: for the purposes of any court proceedings; or
d: for such purposes as may be specified in any other Act.
33: Provisions applying in respect of entry
1: If practicable, before a power of entry conferred by section 32
a: that entry on or into the land, building, or place is authorised under section 32
b: the purpose for which entry is required; and
c: how and when entry is to be made.
2: If entry is made on or into any land, building, or place under section 32
3: Every person exercising any power of entry under section 32
a: if practicable, on first entering the land, building, or place; and
b: whenever subsequently reasonably required to do so by the occupier.
34: Power to issue warrant authorising entry
1: If entry on or into any land, building, or place under section 32 Community Magistrate, section 33
2: A person who applies for a warrant under this section shall, having made reasonable inquiries, disclose in the application—
a: details of every previous application, made in the immediately preceding period of 28 days, for a warrant to search the land, building, or place specified in the application; and
b: the result of each such previous application; and
c: details of the offence suspected.
3: Every warrant issued under this section shall contain—
a: a reference to this section; and
b: the full name of the person authorised to enter; and
c: a description of the land, building, or place in respect of which it was issued; and
d: the date on which it was issued and the date on which it expires.
4: Every warrant issued under this section shall authorise the person named in it, at any reasonable time within 4 weeks after the date on which it is issued, to enter the land, building, or place described in the warrant and to do on or in the land, building, or place all such things as are necessary to ascertain whether an offence against this Act has been committed.
5: Every person exercising any power under subsection (4) shall have with him or her the appropriate warrant, and evidence of his or her identity, and shall produce them to the occupier of the land, building, or place—
a: if practicable, on first entering the land, building, or place; and
b: whenever subsequently reasonably required to do so by the occupier.
6: Every such warrant shall be executed in accordance with such reasonable conditions as may be specified in the warrant when it is issued. Section 34(1) amended 30 June 1998 section 7 District Courts Amendment Act 1998
35: Offences
1: Every person commits an offence and is liable on
a: intentionally makes any statement that is both incorrect and material in any information or particulars furnished (whether in writing or not) under section 32
b: intentionally makes any material omission from any information or particulars so furnished; or
c: intentionally destroys or mutilates or renders illegible any entry in any record, book, or account required to be kept under or for the purposes of this Act or any regulations in force under this Act, or wilfully makes a false or fraudulent entry in or omission from any such record, book, or account.
2: Every person commits an offence and is liable on
a: resists, obstructs, deceives, or attempts to deceive, any person who is exercising or attempting to exercise any power or function under section 32 section 34
b: without lawful excuse, fails to comply in any respect with any requirement under section 32
c: without lawful excuse, acts in contravention of or fails to comply with either of sections 25 26
3: Any offence against this section committed by any employee or agent in the course of employment or agency shall be deemed to have been also committed by his or her employer or principal if it is proved that the act or omission constituting the offence occurred with the employer's or principal's authority, permission, or consent. Section 35(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 35(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
36: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: specifying any kind of property for the purposes of section 21(1)﻿(b) or residential land
b: prescribing conditions (being contemplated by or additional to those specified in, and not inconsistent with, this Act) upon or subject to which any residential buildings or residential land, or class of residential building or residential land, are insured under any or all of sections 18 19 22
c: prescribing the rates of premiums payable under this Act; and different rates may be prescribed in different cases or classes of cases:
d: empowering the Commission to determine the method of calculation of premiums payable under this Act, but so that any such determination is subject to any regulation prescribing the rates of premiums:
e: providing for the apportionment of premiums payable under this Act among persons interested in any residential buildings or residential land, or class of residential buildings or residential land,
f: providing for the destination and apportionment of money payable by the Commission in settlement of claims:
g: providing for and regulating the collection, receipt, and payment of money under this Act:
h: requiring insurance companies to make returns and to keep books and accounts for the purposes of this Act:
i: providing for the audit and investigation of records, books, and accounts required to be kept by this Act or by regulations in force under this Act:
j: prescribing, or making provision for the Commission to prescribe or provide, forms for the purposes of this Act:
k: authorising the payment of money from the Fund:
l: prescribing offences in respect of the contravention of or non-compliance with any regulations in force under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500:
m: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Subject to subsection (3), the Governor-General may from time to time, by Order in Council, in accordance with the recommendation of the Minister, make regulations which deem any class of premises to be, or not to be, a dwelling for the purposes of this Act.
3: The Minister shall not make a recommendation under subsection (2) in relation to any class of premises unless the Commission has advised the Minister that doubts have arisen as to whether that class of premises is a dwelling for the purposes of this Act and that an Order in Council is desirable to clarify the matter.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 36(1)﻿(a) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 36(1)﻿(b) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 36(1)﻿(e) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 36(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37: Transitional provisions relating to staff
1: Every person employed by the Commission immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been appointed as an employee of the reconstituted Commission on the same terms and conditions of employment (including those relating to salaries and allowances) as applied in respect of that person immediately before such commencement.
2: Any person who, immediately before the commencement of this Act, was an officer or employee of the Commission and was a contributor to the Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956
3: Subject to the Government Superannuation Fund Act 1956
4: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority
38: Amendment to Ombudsmen Act 1975
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Repeals and revocations
1: The enactments specified in Part 1
2: The regulations specified in Part 2
40: Temporary continuation of existing earthquake and war damage cover
1: All property which was insured under or by virtue of section 14 of the Earthquake and War Damage Act 1944 section 14
2: Every contract of insurance entered into under section 15 of the Earthquake and War Damage Act 1944
4: Transitional provisions in respect of non-residential property
41: Insurance of non-residential property
1: Any person who—
a: has an insurable interest in any property that is not a residential building, personal property, or land (in this section called non-residential property
b: enters into, or obtains an assignment of, a contract of fire insurance in respect of that property— may apply to the Commission for the insurance against natural disaster damage of that property and, if the property is a building, of any associated land; and the Commission may agree to insure the property and any associated land under and in accordance with this section for a period not extending beyond the term of the contract of fire insurance.
2: No contract of natural disaster insurance entered into by the Commission under this section shall provide for cover exceeding 75% of the indemnity value of the property insured.
3: No contract of natural disaster insurance entered into by the Commission under this section shall provide for cover exceeding 50% of the indemnity value of the property insured after—
a: 31 December 1994; or
b: the date on which any contract of fire insurance in respect of that property entered into on or after 1 January 1993 but before 1 January 1994 expires or ceases to apply to the property— whichever is the earlier.
4: No contract of natural disaster insurance entered into by the Commission under this section shall provide for cover exceeding 25% of the indemnity value of the property insured after—
a: 31 December 1995; or
b: the date on which any contract of fire insurance in respect of that property entered into on or after 1 January 1994 but before 1 January 1995 expires or ceases to apply to the property— whichever is the earlier.
5: Nothing in this section shall require any person to insure any non-residential property against natural disaster damage.
6: Subject to subsections (2) to (4), the Commission, in its discretion, shall determine the terms and conditions applicable to any contract of natural disaster insurance entered into under this section, including the period of cover and the premium payable.
7: The Commission shall not—
a: accept any application for insurance made under this section after 31 December 1995:
b: enter into any contract of insurance under this section which extends beyond 31 December 1996.
8: Nothing in this Act shall prevent any person from entering into a contract of insurance with an insurance company that is limited to an excess over the value of the property already insured by the Commission.
9: For the purposes of this section, associated land
a: the land on which the building is situated; and
b: all land within 8 metres in a horizontal line of the building; and
c: that part of the land holding which—
i: is within 60 metres, in a horizontal line, of the building; and
ii: constitutes the main access way or part of the main access way to the building from the boundary of the land holding or is land supporting such access way or part; and
d: all bridges and culverts situated within any area specified in paragraphs (a) to (c); and
e: all retaining walls and their support systems within 60 metres, in a horizontal line, of the building which are necessary for the support or protection of any property referred to in any of paragraphs (a) to (c).