Parliament is considering a Bill which would establish a tribunal to help people resolve residential insurance claims related to the Canterbury earthquakes.
Thousands of residential insurance claims from the 2010 and 2011 Canterbury earthquakes are still unresolved.
The Government recognises the delays have been long and frustrating. Providing closure is vital to people’s wellbeing, and to maintain confidence in our legal and insurance systems.
The Canterbury Earthquakes Insurance Tribunal Bill will establish a tribunal to provide Canterbury homeowners with an efficient and flexible option to resolve long-standing insurance claims, and help them move on with their lives.
The Bill being considered by Parliament proposes a tribunal that is:
The proposed tribunal will not consider claims related to on-sold properties – many of these disputes are highly complex and may raise legal questions that ultimately need to be heard by the courts. Keeping these disputes outside the tribunal will help ensure they don’t delay resolution of other claims.
The tribunal will be in addition to existing resolution options. Eligible homeowners could decide whether to apply to the tribunal to have their claim heard. For these homeowners, the tribunal will provide another way to make progress with insurance claims, and to reach an outcome.
The Bill provides that only homeowners can initiate the process. However, tribunal proceedings are independent and impartial. While insurers could not apply to the tribunal, they will still be able to file claims with the courts and access other resolution services - these options remain available for everyone.
The Bill is subject to the Parliamentary process and may change. The tribunal’s final form and process will only be certain once the Bill is passed; a tribunal Chair is appointed; and practice notes are developed to lay out the specifics of how the tribunal will operate.
The Bill has been introduced to Parliament. The next step is the Bill’s first reading, and then consideration by the Select Committee.
People will have the opportunity to comment on the Bill during the Select Committee process.
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