2 Interpretation

(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

goods and services tax means goods and services tax payable under the Goods and Services Tax Act 1985

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

(b)

natural disaster fire; or

(c)

in the case only of residential land, a storm or flood

natural disaster damage means, in relation to property,—

(a)

any physical loss or damage to the property occurring as the direct result of a natural disaster; or

(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

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

replacement value, in relation to a residential building, means any costs which would be reasonably incurred in respect of—

(a)

demolition and removal of debris, to the extent that is essential to enable the building to be replaced or reinstated; and

(b)

replacing or reinstating the building to a condition substantially the same as but not better or more extensive than its condition when new, modified as necessary to comply with any applicable laws; and

(c)

complying with any applicable laws in relation to the replacement or reinstatement of the building; and

(d)

other fees or costs payable in the course of replacing or reinstating the building, including architects’ fees, surveyors’ fees, and fees payable to local authorities

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—

(i)

serving a dwelling referred to in paragraph (a), or a building or part of a building referred to in paragraph (b), or surrounding land; and

(ii)

situated within 60 metres, in a horizontal line, of the dwelling or building or part; and

(iii)

owned by the owner of the dwelling or building or part, or by the owner of the land on which the dwelling or building or part is situated

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:

(a)

the land on which the building is situated; and

(b)

all land within 8 metres in a horizontal line of the building; and

(c)

that part of the land holding which—

(i)

is within 60 metres, in a horizontal line, of the building; and

(ii)

constitutes the main access way or part of the main access way to the building from the boundary of the land holding or is land supporting such access way or part; and

(d)

all bridges and culverts situated within any area specified in paragraphs (a) to (c); and

(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).

(2)

For the purposes of this Act, a renewal of a contract of insurance shall be deemed to be a new contract.

Section 2(1) board: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) personal property: repealed, on 1 July 2019, by section 12 of the Earthquake Commission Amendment Act 2019 (2019 No 1).

Section 2(1) replacement value: replaced, on 1 July 2019, by section 12 of the Earthquake Commission Amendment Act 2019 (2019 No 1).