Earthquake Commission Amendment Act 2019

1: Title
This Act is the Earthquake Commission Amendment Act 2019.
2: Commencement
1: This Act, other than Part 2
2: Part 2
3: Principal Act
This Act amends the Earthquake Commission Act 1993 principal Act 2019-02-19 Earthquake Commission Act 1993 Part 1 in force day after the date on which this Act received the Royal assent 2019-07-01 Earthquake Commission Act 1993 Part 2 in force 1 July 2019 or a later date appointed by Governor-General by Order in Council
1: Amendments commencing on day after assent date
4: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: New section 31A inserted (Collection and disclosure of information)
Before section 32
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)
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 1993 or any other right the Commission may have to collect or disclose information.
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
6: New Schedule 1AA inserted
After section 41 Schedule 1AA Schedule 1
7: Schedule 3 amended
1: In Schedule 3, clause 7(1)﻿(a) 30 days (or such longer time as may be prescribed by regulations made under this Act) the time allowed by subclause (2)
2: In Schedule 3, replace clause 7(2)
2: The notice under subclause (1)﻿(a) must be given to the Commission—
a: not more than 3 months after the damage occurred (or any longer period prescribed by regulations made under this Act); or
b: subject to subclause (2B) paragraph (a)
2A: However, the regulations may permit the Commission to accept notice given after the time limit applying under subclause (2)﻿(b)
a: either or both of the following apply:
i: the natural disaster damage could not reasonably have been discovered in time to enable the insured person (acting reasonably promptly) to give notice within the time limit applying under subclause (2)﻿(b)
ii: the insured person is unable to give notice within the time limit applying under subclause (2)﻿(b)
b: the notice is given—
i: as soon as is reasonably practicable after the natural disaster damage is discovered or as soon as the insured person is reasonably able to give notice; and
ii: in any event, within the time specified in the regulations.
2B: If notice is given after the time limit applying under subclause (2)﻿(a)
2: Amendments with delayed commencement
8: Section 18 amended (Residential buildings)
1: In section 18(1)﻿(c) $100,000 $150,000
2: In section 18(2) a sum of not less than $1,000 $2,500
3: In section 18(2) be $1,000 be the amount calculated by multiplying $2,500,
9: Section 20 repealed (Personal property)
Repeal section 20
10: Section 22 amended (Voluntary insurance against natural disaster damage)
1: In section 22(1) , residential land, or personal property, the Commission may enter into a contract to insure that building, land, or personal property or residential land, the Commission may enter into a contract to insure that building or land
2: In section 22(1) any of sections 18 to 20 section 18 or 19
3: Replace section 22(2)﻿(a) and (b)
a: for the insurance of any residential building or residential land that is not insured under section 18 or 19; or
b: for the insurance of any residential building or residential land in substitution for the insurance of that building or land under section 18 or 19.
11: Schedule 1AA amended
In Schedule 1AA section 6 clause 2
3: New regime phased in over 12 months
1: The new regime applies in relation to all contracts on and after the commencement date unless subclause (2)
2: If the period of cover under a contract (the existing contract
a: the old regime continues to apply in relation to the existing contract; and
b: if the existing contract is renewed 1 or more times after the commencement date, the old regime also applies in relation to each renewed contract.
3: However, subclause (2)
4: In this clause,— anniversary date of the existing contract
a: if the existing contract was not a renewal of a previous contract, the existing contract; or
b: if the existing contract was a renewal in a series of 1 or more previous contracts, the first contract in the series commencement date Part 2 contract
a: a contract of fire insurance of a kind referred to in section 18 or 20; or
b: a contract entered into by the Commission under section 22 new regime Part 2 old regime Part 2
12: Consequential amendments
Amend the principal Act as set out in Schedule 2