Canterbury Earthquakes Insurance Tribunal Bill

  • enacted
44 Tribunal’s decision: substance


The tribunal may make any order that a court of competent jurisdiction could make in relation to a claim in accordance with the following:


the terms of the contract of insurance in dispute between the parties:


the general law of New Zealand, in particular,—


the law of contract as it relates to contracts of insurance:


the Earthquake Commission Act 1993.


The Limitation Act 2010 and any other enactment that prescribes a limitation period or other limitation defence apply to a claim brought before the tribunal.


An order may require the payment of general damages in accordance with the general law of New Zealand.


Despite section 45, the tribunal may make an order for costs and expenses that are payable under a contract of insurance between the parties.


If an order requires a party to do something, other than pay money, the tribunal must also set an amount of money that is payable by them, and the date by which that amount is payable, if they fail or refuse to do that thing by that date.


If the tribunal decides that a party is liable to make a payment to another party, the tribunal may make the payment subject to any conditions.


The tribunal may decide that the liability of a party depends on another party meeting particular conditions.


If a claim is settled by agreement between the parties before the tribunal’s decision is given (otherwise than through the mediation process provided in this Act), the tribunal—


must terminate the claim; and


if requested by the policyholder or insured person, may record the settlement in the form of a decision of the tribunal.


The agreement of all parties is not required before the tribunal records a settlement agreement as a decision under subsection (7)(b).


The resulting decision is enforceable under section 50.

Compare: 2006 No 84 s 90