Supplementary Order Paper No 230

No 230

House of Representatives

Supplementary Order Paper

Wednesday, 8 May 2019

Canterbury Earthquakes Insurance Tribunal Bill

Proposed amendments

Stuart Smith, in Committee, to move the following amendments:

Clause 5

In clause 5, in the definition of claimant, paragraph (a), after “policyholder or an insured person (or both)” (page 5, line 33), insert “or an insurer”.

Clause 10

In clause 10(1), replace (2) or (3) (page 8, line 20) with (2), (2A), or (3).

In clause 10, after subclause (2) (page 8, after line 24), insert:

(2A)

An insurer may bring a claim to the tribunal against at least 1 person who is a policyholder or an insured person (or both), an insurer, or the EQC by making an application under section 12 that is accepted by the chairperson under section 13.

Clause 12

In clause 12(1), after “policyholder or an insured person (or both)” (page 9, line 26), insert “or an insurer”.

In clause 12(2), replace paragraph (c) (page 9, line 32) with:

(c)

either—

(i)

the remedy sought; or

(ii)

in the cause of an application between insurers, the question agreed to by the parties for the tribunal to answer; and

Clause 16

In clause 16(1), after “policyholder or an insured person (or both)” (page 10, line 32), insert “, or an insurer that is bringing the claim under section 10(2A),”.

In clause 16(3), after “policyholder or an insured person (or both)” (page 11, line 9), insert “, or an insurer that is bringing the claim under section 10(2A),”.

Clause 43

In clause 43(3), after “policyholder or an insured person, or both,” (page 24, line 34), insert “or an insurer,”.

In clause 43(4), after “policyholder or an insured person” (page 24, line 36), insert “, or an insurer that is bringing the claim under section 10(2A),”.

Clause 44

In clause 44(7)(b), after “policyholder or insured person,” (page 25, line 26), insert “or an insurer that is bringing the claim under section 10(2A),”.

Explanatory note

This Supplementary Order Paper amends the Canterbury Earthquakes Insurance Tribunal Bill. It prevents one-way access to justice and allows insurers to bring a claim to the Tribunal.