(1) In this Act, unless the context otherwise requires,—
board means the board of the Commission referred to in section 4B
Commission means the Earthquake Commission constituted under this Act
Commissioner means a member of the board
contract of fire insurance means a contract whereby any property is insured against physical loss or damage by fire (other than natural disaster fire), whether the contract includes other risks or not; but does not include any contract of marine insurance or any contract of reinsurance
contract of natural disaster insurance means a contract whereby any property is insured against natural disaster damage, whether the contract includes other risks or not; but does not include any contract of marine insurance or any contract of reinsurance
dwelling means, subject to any regulations made under this Act, any self-contained premises which are the home or holiday home, or are capable of being and are intended by the owner of the premises to be the home or holiday home, of 1 or more persons
erosion means erosion by the normal action of the wind or sea or of a lake, river, or other body of water
Fund means the Natural Disaster Fund continued in existence under this Act
insurance company means any person who undertakes liability under any contract of fire insurance or any contract of natural disaster insurance
insured person, in relation to any property insured under this Act, means the person for the time being entitled to the benefit of the contract of fire insurance in force in respect of that property or (in the case of property that is residential land) in respect of the residential building situated on that land; and, in relation to any contract of insurance made under this Act, means the person for the time being entitled to the benefit of that contract
land does not include improvements as defined in section 2 of the Valuation of Land Act 1951
Minister means the Minister of Finance
natural disaster means—
(a) an earthquake, natural landslip, volcanic eruption, hydrothermal activity, or tsunami; or
natural disaster damage means, in relation to property,—
(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 means fire occasioned by or through or in consequence of an earthquake, natural landslip, volcanic eruption, hydrothermal activity, tsunami, or (in the case only of residential land) a storm or flood
natural landslip means the movement (whether by way of falling, sliding, or flowing, or by a combination thereof) of ground-forming materials composed of natural rock, soil, artificial fill, or a combination of such materials, which, before movement, formed an integral part of the ground; but does not include the movement of ground due to below-ground subsidence, soil expansion, soil shrinkage, soil compaction, or erosion
person includes any individual person, a corporation sole, a corporate aggregate, an unincorporated body of persons, and any association or combination of individual persons or corporate or unincorporate bodies
personal property means property that is located in or on a residential building; and includes property that is usually so located but is temporarily removed from the building for any reason; but does not include any property used solely or principally for commercial purposes
physical loss or damage, in relation to property, includes any physical loss or damage to the property that (in the opinion of the Commission) is imminent as the direct result of a natural disaster which has occurred
residential building means—
(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), or a building or part of a building referred to in paragraph (b), and that is used for the purposes of the household of the occupier of the dwelling or for the purposes of the residents of the building or part:
(d) all water supply, drainage, sewerage, gas, electrical, and telephone services, and structures appurtenant thereto—
residential land means, in relation to any residential building, the following property situated within the land holding on which the residential building is lawfully situated:
(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).