Earthquake Commission Regulations 1993

Reprint
as at 1 December 2011

Coat of Arms of New Zealand

Earthquake Commission Regulations 1993

(SR 1993/345)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 20th day of October 1993

Present:
The Right Hon W F Birch presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Treasury.


Pursuant to section 36 of the Earthquake Commission Act 1993, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Earthquake Commission Regulations 1993.

    (2) These regulations shall come into force on 1 January 1994.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Expressions defined in the Act have the same meanings in these regulations.

3 Premiums
  • (1) The premium payable in respect of the insurance of any residential building or personal property under the Act is,—

    • (a) where the period of insurance is 1 year, 15 cents (plus goods and services tax) for every $100 of the relevant amount:

    • (b) in the case of any other period of insurance, a pro rata proportion (on a daily basis) of the amount calculated in accordance with paragraph (a), rounded to the nearest 5 cents.

    (1A) However, if the premium is payable under a contract of fire insurance made before 1 February 2012 that provides cover for a period of insurance that commences before 1 February 2012, then the reference in subclause (1)(a) to 15 cents must be read as a reference to 5 cents.

    (2) In subclause (1), the term relevant amount means—

    • (a) in the case of insurance of a residential building, the amount to which the property is insured under section 18(1) of the Act:

    • (b) in the case of insurance of personal property, the amount to which the property is insured under section 20 of the Act.

    (3) No premium is payable in respect of the insurance of any residential land under the Act.

    (4) Subject to subclauses (1) to (3), the Commission may from time to time make and issue determinations relating to the method of calculation of premiums in respect of any class of insurance, class of property, or clauses or wordings contained in contracts of insurance.

    Regulation 3(1): substituted, on 1 December 2011, by regulation 4 of the Earthquake Commission Amendment Regulations 2011 (SR 2011/379).

    Regulation 3(1A): inserted, on 1 December 2011, by regulation 4 of the Earthquake Commission Amendment Regulations 2011 (SR 2011/379).

4 Excess
  • (1) For the purposes of clause 1 of Schedule 3 of the Act, and subject to subclause (2) of this regulation, the excess is—

    • (a) residential building—$200 multiplied by the number of dwellings in the building, or 1% of the amount payable under section 29 of the Act, whichever is greater:

    • (b) residential land—$500 multiplied by the number of dwellings in the residential building which is situated on the land, or 10% of the amount payable under section 29 of the Act, whichever is greater, to a maximum of $5,000:

    • (c) personal property—$200.

    (2) Where a claim is made by the same person in respect of damage to a residential building and damage to personal property located in or on that building caused by the same natural disaster damage, the excess applicable to the claim is $200 multiplied by the number of dwellings in the building, or 1% of the amount payable under section 29 of the Act, whichever is greater.

    (3) For the purposes of this regulation, the number of dwellings in a residential building is the number determined in accordance with section 18(3) of the Act.

5 Reinstatement of insurance on payment of claim
  • For the purposes of clause 6 of Schedule 3 of the Act, the amount which the Commission is entitled to charge an insured person (or deduct from a payment to an insured person in respect of a claim under the Act) for the continuation of the insurance, after making a payment in respect of a claim, shall be calculated in accordance with the following formula:

    .

    where—

    a
    is the amount of that payment; and
    b
    is the maximum amount for which the property is insured under the Act; and
    c
    is the amount of premium paid for the insurance under the Act; and
    d
    is the number of days from the date of the claim to the date on which the insurance expires.
6 Longer time for reporting of claims
  • Three months is prescribed as a longer time within which a notice of claim may be given under clause 7(1)(a) of Schedule 3 of the Act.

    Regulation 6: added, on 4 October 2010, by regulation 4 of the Earthquake Commission Amendment Regulations 2010 (SR 2010/348).

Diane Wilderspin,
Acting for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 22 October 1993.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Earthquake Commission Regulations 1993. The reprint incorporates all the amendments to the regulations as at 1 December 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)