Toka Tū Ake EQC
Kōmihana Rūwhenua
Agency overview
Formed1945 (1945)
HeadquartersLevel 11, Majestic Centre, 100 Willis Street, Wellington
41°17′18.13″S 174°46′28.09″E / 41.2883694°S 174.7744694°E / -41.2883694; 174.7744694
Minister responsible
Agency executives
  • Chris Black, (Chairman)
  • Tina Mitchell (appointed Jan 2022)[2], (Chief executive)
Websiteeqc.govt.nz

Toka Tū Ake EQC, also known as the Earthquake Commission, (Māori: Kōmihana Rūwhenua), is a New Zealand Crown entity that invests in natural disaster research and education as well as providing natural disaster insurance to residential property owners.[3] In March 2022, a bill was introduced to, among other changes, update the name of the Earthquake Commission to Toka Tū Ake – Natural Hazards Commission.[4][5]

It was established in its current form by the Earthquake Commission Act 1993,[6] which was a continuation of the Earthquake and War Damage Commission, set up in 1945.[7] It operates under the provisions of that EQC Act and of other relevant law, such as the Crown Entities Act 2004.[8]

Function of Toka Tū Ake EQC

The function of Toka Tū Ake EQC is defined in s5 of the EQC Act 1993. In short, this is to provide natural disaster insurance for residential property (contents, dwellings and land); to administer the Natural Disaster Fund; and to fund research and education on natural disasters and ways of reducing their impact.[9]

Premiums are collected for Toka Tū Ake EQC through a compulsory levy added to all home insurance policies. The private insurers transfer the levy to the Natural Disaster Fund (NDF) for use when needed.[10] Money in the NDF can be invested elsewhere to maximise return.

Toka Tū Ake EQC is administered by a Board of Commissioners, whose role is defined by the EQC Act 1993 and the Crown Entities Act 2004. The board answers to the minister responsible who appoints board members. As of June 2021, Toka Tū Ake EQC had 310 permanent and fixed term staff.[11]

Claims settlement

This is determined by the EQC Act 1993 and by legal precedents created over time. Settlement money comes first from the Natural Disaster Fund, then from any re-insurers, and finally from the government, under a Crown guarantee. EQCover insures the policyholders building, personal property, and land.

Each claim is subject to an excess payable by the claimant and a capped maximum sum payable by Toka Tū Ake EQC, known as 'the cap'. As of 2018, the excess and cap for a building claim were 1% and $100,000; for personal property they were 1% and $20,000; and for land they were 10% and a variable cap sum determined by a formula that includes current market land prices.[6] Tax, known as GST, is added to the cap payable. These cap amounts are subject to change but in 2018 they remained the same as they were in 1993. In 1993, $100,000 was enough to cover the cost of rebuilding most houses: in 2018, building costs had increased more than fourfold. In most cases, private home insurance policies cover the cost of natural disaster damage above the amount paid by EQC.

History

Following several destructive earthquakes between 1929 and 1942,[12] the government decided to set up a statutory scheme of disaster insurance, resulting in the Earthquake & War Damage Act 1945. The act provided for the establishment of an Earthquake & War Damage Fund and the scheme was financed by a compulsory levy imposed on all fire insurance policies. Responsibility for collecting the levies was placed on the insurance companies. The act was administered by the State Insurance Office, which provided staff and accounting services; Treasury determined the fund's investment policy. The levy was set at 5 cents per $100 of value and cover was limited to indemnity value. Over time, cover was extended to other natural disasters and to cover damage to land as well as to buildings.[13][14] The need to cover land damage was identified in a report that followed the 1979 Abbotsford landslip in Dunedin when 69 homes were lost.

The EQC Act brought together the earlier additions and introduced new changes to the system.[15] The insurance was known as EQCover. It was now limited to residential buildings; cover for buildings was confirmed as being for replacement (new), not indemnity, value; and war damage cover was removed. These changes reduced the government's exposure to a very large potential liability and brought the EQC system more in line with current insurance industry practices.[15]

Abbotsford landslip, 1979
Gisborne Earthquake, 2007

In its first 65 years, the commission was called on to settle only relatively minor claims and the disaster fund continued to grow, reaching $6.1 billion by August 2010.[16] The most notable natural disaster during this period was the 1979 Abbotsford landslip, near Dunedin, that caused the destruction of 69 houses.[17][18] A subsequent commission of enquiry led, in 1984, to land damage being covered. Another noteworthy event was the 2007 Gisborne earthquake after which the EQC received over 3,100 claims and paid out over $16 million.[19]

Natural Hazards Insurance Bill (2022)

A bill proposing to update the legislation governing the Earthquake Commission was introduced into Parliament in March 2022. The overarching objectives of its changes are "to enable better community recovery from natural hazards, to clarify the role of the Commission and the cover provided by the Bill, and to enhance the durability and flexibility of the legislation.".[20] The Commission's name will change to Toka Tū Ake Natural Hazards Commission.

The Canterbury earthquake sequence

On 4 September 2010, a powerful earthquake struck near Darfield in Canterbury. It began a series of earthquakes and aftershocks lasting till around 2016. The most destructive of these was the 22 February 2011 earthquake, centered close to Christchurch, in which 185 people died. EQC received over 470,000 claims, more than 15,000 families lost their homes, and repair costs were estimated at over $40 billion.[21] EQC acknowledged several times during this period that the scale of the disaster was unprecedented.[22][23] Speculation at the time about the scale of the damage proved to be significantly incorrect.[24]

Earthquake damaged villa in Christchurch, March 2011
The result of land damage caused by ground liquefaction[25]

In August 2016, the Insurance Council of New Zealand (ICNZ) stated that they were still being handed earthquake claims from EQC from the Christchurch earthquakes, and were thus not able to give a final cost to the insurance industry. In July 2016, EQC had 250 complex cases from Christchurch unresolved, 364 first-time repairs yet to be finished, and 6,144-second-time repairs being handled.[26] If the damage stays "under cap" (i.e. it is up to $100,000 plus GST), EQC assessors dealt with the claim. When the claim goes "over cap", the settlement process is handed to the commercial insurer. This situation led to much double-handling and many inefficiencies, and has been widely criticised. In 2015, the Insurance Council of New Zealand submitted to the government that the process be changed and all assessments be handled by commercial insurers instead. Following the 2016 Kaikōura earthquake, the government agreed to this proposal in December 2016. It was also stated that "under cap" claims in Christchurch that have still to be settled will remain with EQC.[27]

There is a $1.5 billion NZD excess for each earthquake event. If the required EQC payout exceeds the total of the excess and reinsurance ($4 billion NZD) the remainder of the payout is met by the EQC up to the limit of the Natural Disaster Fund.[28] If the payout exceeds those assets, a Crown Guarantee requires that the Government pay the remainder.[29]

EQC's handling of the earthquake claims

EQC's preferred method of settling claims till this point had been to make payment rather than to repair the damage. However, soon after the 4 September 2010 earthquake, EQC's then chairman, Michael Wintringham, confirmed in the commission's 2010–11 Annual Report that it had been asked by the government to settle claims by repairing buildings, (if the cost was not above cap, in which case EQC would cash settle and pass the claim to the owner's private insurance company).

This preference to repair was both to prevent the predicted upward spiral in building costs if repair money flooded the market, and to reduce the inevitable stress on home owners having to manage their own repairs.[30] The then Chief Executive, Ian Simpson, prefaced these comments by stating: "It is important that we are accurate with our claims settlement process. Not just for our customers in a very difficult and uncertain time but also for the continued confidence of the global insurance market and the protection of the EQC funds for all New Zealanders".[31] The protection of the Disaster Fund is a core responsibility of the Commission. EQC's later response was to engage Fletcher Building, the country's largest construction company, as its agent to undertake the necessary repair work. The result was The Canterbury Home Repair Programme. In doing this, EQC indemnified Fletcher Building against any future liability.[32][33] In June 2013, the Auditor-General reported on EQC's performance in managing the Canterbury Home Repair Programme. She found it had been "mixed".[34]

For building claims, EQC chose first to assess properties to determine the extent and cost of repairing any damage. This was usually carried out by a two person team comprising an assessor and an estimator.[35] Assessors had no specific qualification other than to be seen as persons of good character with the ability to spot any unjustified or fraudulent claims. Retired police officers were often used.[36][37] Estimators had building industry experience.

During this period, EQC pointed out the magnitude of the task it faced, its relative success, and the external factors that hindered it from providing an even better service. In 2013, commenting on a report it had commissioned, EQC said: "(the) earthquakes involved the kind of damage you would expect in wartime". It continued: "much has been achieved by EQC throughout the process of responding to Canterbury events as assessments have been completed, contents claims settled, emergency work undertaken and managed repairs underway in Christchurch".[38]

Aside from settling claims, the commission had to deal with many litigation issues.

In 2011, the High Court decided to establish an Earthquake List to handle the expected large number of earthquake related cases. By February 2018, 1,048 claims had been filed, many of them involving EQC.[39]

In March 2013, EQC was criticised after an employee accidentally sent a file containing details on more than 80,000 claims to a contractor.[40] EQC obtained a High Court injunction preventing publication, which a disgruntled ex-employee and blogger breached by publishing an online link to the list. The blogger was found to be in contempt and fined.[41]

In 2015, an earlier finding of "incompetence" against an engineer working for EQC was dismissed by the Chartered Professional Engineers Council (CPEC).[42]

In 2015, a group of around 100 home owners launched proceedings against the EQC for not settling claims according to the standard required by the EQC Act. In April 2016, both parties agreed in a public statement that EQC's standard did comply with the act. The group then discontinued its claim. Both sides claimed success. The High Court awarded costs against the group.[43][44][45]

Results of EQC's claim handling

Maarten Wevers
Annette King

Throughout the process, EQC received unwavering public support from the minister responsible, Gerry Brownlee.[46]

This support was contrasted by countless reports of EQC mismanagement at every level.[47][48]

In October 2017, a new government was sworn in and the minister responsible changed. In February 2018, Megan Woods, the new minister, expressed her frustration with the EQC board and the pace of claims settlement. After seven years there were more than 2,600 claims still unresolved. She said she would appoint an independent ministerial advisor to work with the board and management who would report directly to her. The minister said: "I've made it clear I am not satisfied with where EQC is in respect of the Canterbury earthquake work seven years on from the 22 February event".

In response Maarten Wevers, the chairman and a lifelong public servant, resigned. He stated: "It is clear that the minister has no confidence in the board and staff of the commission. As chair, I take responsibility for that, and have stepped aside so that the minister can appoint someone whom she assesses will be able to do a better job."[49] A few days later, the minister announced the appointment of Annette King as an interim chairperson, and said: "I'm keen to see a broadening of skills to include people who have been at the coalface and understand the reality faced by those people at the coalface".[50]

An editorial in the Otago Daily Times, on the same day, read:[51]

It beggars belief that more than seven years on from the most damaging event – Christchurch's deadly 22 February magnitude-6.3 quake – there are still residents waiting for their claims to be completed. It is a disgraceful state of affairs, particularly when EQC was established to provide a rapid, comprehensive recovery from disaster. These quakes were its first really big test – and it failed. There are still more than 2600 claims outstanding out of more than 470,000".

Public inquiry

In November 2018, then Minister Megan Woods announced an independent public inquiry into EQC's handling of the Canterbury earthquake claims chaired by Silvia Cartwright.[52] Cartwright's report, released in April 2020, found that EQC was poorly prepared for the Canterbury earthquakes. She made a number of recommendations about clarifying EQC's role and improving its processes for claims handling and communicating with claimants.[53][54] Cartwright said:[53]

I fully accept that staff, managers and the board of EQC faced an overwhelming task from September 2010, made significantly worse by the ongoing major earthquakes that ensued, an absence of clear prior direction from government, added responsibilities and inadequate internal systems. In the circumstances, EQC's commitment and aspects of its response are commendable. It is necessary, however, to emphasise that its advance planning had many inadequacies, as did the undertaking of its functions after the major events began. The affected public has borne the burden of this.

List of ministers

The following ministers have held responsibility for the commission.[55]

Key

  Labour   National

No. Name Portrait Term of Office Prime Minister
As Minister in charge of Earthquake and War Damage Commission
1 Ernest Corbett 26 November 1954 23 March 1956 Holland
2 Dean Eyre 23 March 1956 12 December 1957
Holyoake
3 Philip Skoglund 12 December 1957 12 December 1960 Nash
4 Arthur Kinsella 12 December 1960 20 December 1963 Holyoake
5 John Rae 20 December 1963 9 February 1972
6 George Gair 9 February 1972 8 December 1972 Marshall
7 Bill Fraser 8 December 1972 10 September 1974 Kirk
8 Hugh Watt 10 September 1974 12 March 1975 Rowling
9 Mick Connelly 12 March 1975 12 December 1975
10 Bert Walker 12 December 1975 13 December 1978 Muldoon
11 Derek Quigley 13 December 1978 15 June 1982
12 Keith Allen 15 June 1982 26 July 1984
13 Fraser Colman 26 July 1984 15 August 1987 Lange
14 Roger Douglas 15 August 1987 14 December 1988
15 David Caygill 14 December 1988 2 November 1990
Palmer
Moore
16 Ruth Richardson 2 November 1990 29 November 1993 Bolger
As Minister responsible for the Earthquake Commission
17 Gerry Brownlee 14 December 2011 26 October 2017 Key
English
18 Megan Woods 26 October 2017 27 June 2019 Ardern
19 Grant Robertson 27 June 2019 6 November 2020
20 David Clark 6 November 2020 1 February 2023
Hipkins
21 Deborah Russell 1 February 2023 27 November 2023

See also

References

  1. ↑ "Ministerial List". Department of the Prime Minister and Cabinet. Retrieved 16 February 2023.
  2. ↑ "Executive leadership team :: EQC Earthquake Commission".
  3. ↑ "About EQC". EQC. NZ Government. 22 February 2018. Retrieved 25 February 2018.
  4. ↑ "Natural Hazards Insurance Bill - New Zealand Parliament". www.parliament.nz.
  5. ↑ "Our name › :: Toka Tū Ake EQC". www.eqc.govt.nz.
  6. 1 2 "Earthquake Commission Act 1993". New Zealand Legislation. NZ Government. Retrieved 25 February 2018.
  7. ↑ "The Natural Disaster Fund". EQC. NZ Government. Retrieved 25 February 2018.
  8. ↑ "Crown Entities Act 2004". New Zealand Legislation. NZ Government. Retrieved 25 February 2018.
  9. ↑ "Our Role – Our core functions". EQC. NZ Government. 17 February 2017. Retrieved 1 March 2018.
  10. ↑ John McAneney; Delphine McAneney; Rade Musulin; George Walker; Ryan Crompton (March 2016). "Government-sponsored natural disaster insurance pools: A view from down-under". International Journal of Disaster Risk Reduction. 15: 1–9. Bibcode:2016IJDRR..15....1M. doi:10.1016/j.ijdrr.2015.11.004.
  11. ↑ "EQC Annual Report 2020-2021 :: Toka Tū Ake EQC". www.eqc.govt.nz. Retrieved 8 August 2022.
  12. ↑ Board of the Earthquake Commission (4 November 2008). "Briefing for the Minister in Charge of the Earthquake Commission". parliament.nz/. p. 2. Retrieved 26 February 2018.
  13. ↑ Tomkin & Taylor Ltd (March 1992). "Landslip Claim Review" (PDF). Earthquake & War Damage Commission. EQC. p. 4. Retrieved 26 February 2018.
  14. ↑ Steven, Leicester (1992). "The Earthquake & War Damage Commission – a look forward (and a look back)" (PDF). New Zealand Society for Earthquake Engineering Inc. Advancing the science and practice of earthquake engineering. p. 52. Retrieved 25 February 2018.
  15. 1 2 Priest, Sally (July 2014). "Review of international flood insurance and recovery mechanisms: Implications for New Zealand" (PDF). London: Middlesex University. p. 24. Retrieved 27 February 2018. Funded by the Ministry of Business, Innovation and Employment
  16. ↑ "The Natural Disaster Fund". EQC. NZ Government. 31 October 2017. Retrieved 28 February 2018.
  17. ↑ "Abbotsford landslide". Christchurch City Librariws. Retrieved 28 February 2018.
  18. ↑ "Abbotsford Landslip". Retrieved 28 February 2018.
  19. ↑ "EQC starts to assess Gisborne quake claims". stuff.co.nz. 18 February 2009. Retrieved 28 February 2018.
  20. ↑ "Natural Hazards Insurance Bill". Bills and Laws. New Zealand Parliament. Retrieved 31 July 2022.
  21. ↑ "Canterbury Earthquake Sequence". Tomkin+Taylor. Retrieved 1 March 2018.
  22. ↑ "Last day to lodge claims with EQC". EQC. NZ Government. 3 December 2010. Retrieved 1 March 2018.
  23. ↑ Michael Wright & Joelle Dally (20 September 2016). "'Outstanding' EQC boss Ian Simpson quits". stuff. Retrieved 1 March 2018.
  24. ↑ Bennett, Adam (23 February 2011). "Christchurch quake: EQC has enough money and 'reinsurance' to cover cost – English". The New Zealand Herald. NZME. Retrieved 1 March 2018.
  25. ↑ Richardson, Shannon. "The Canterbury Earthquakes: The land damage and planning for the recovery process" (PDF). Tonkin & Taylor Ltd Environmental and Engineering Consultants. Tomkin + Taylor Ltd. Retrieved 2 March 2018.
  26. ↑ Truebridge, Nick (1 August 2016). "Insurers unable to say when liability from Canterbury earthquakes will be known". The Press. Retrieved 20 December 2016.
  27. ↑ McDonald, Liz (13 December 2016). "EQC hands quake claims to private insurers". The Press. p. A1. Retrieved 20 December 2016.
  28. ↑ Bennet, Adam (23 February 2011). "Christchurch quake: EQC has enough money and 'reinsurance' to cover cost – English". The New Zealand Herald. Retrieved 23 February 2011.
  29. ↑ "Briefing for the Minister in Charge of the Earthquake Commission" (PDF). 4 November 2008. pp. 11–12. Archived from the original (PDF) on 25 December 2010. Retrieved 23 February 2011.
  30. ↑ "Annual Report 2011" (PDF). EQC. NZ Government. p. 5. Retrieved 2 March 2018.
  31. ↑ "eqc-annual-report-2010-11" (PDF). EQC. NZ Government. p. 2. Retrieved 2 March 2018.
  32. ↑ Fletcher, EQC (12 November 2014). "Customer Guide to the Canterbury Home Repair Programme" (PDF). EQC. NZ Government. Retrieved 2 March 2018.
  33. ↑ "Former Fletcher boss says running quake rebuild without indemnity would have been 'absolutely stupid'". The Press. stuff. 4 March 2018. Retrieved 6 March 2018.
  34. ↑ "Auditor-General's overview – Earthquake Commission: Managing the Canterbury Home Repair Programme". Controller and Auditor-General. The Crown. 31 October 2013. Retrieved 6 March 2018.
  35. ↑ "Home assessments – The home assessment process". EQC. NZ Government. 7 February 2013. Retrieved 2 March 2018.
  36. ↑ "Shane Collins". EQC. NZ Government. Retrieved 2 March 2018.
  37. ↑ Truebridge, Nick (8 August 2016). "No minimum qualification required for EQC assessors, despite criticism of work". The Pressstuff. stuff. Retrieved 2 March 2018.
  38. ↑ "Lessons Learnt. A report on EQC's response to the Canterbury earthquakes". EQC. NZ Government. 7 October 2013. Retrieved 4 March 2018.
  39. ↑ "Earthquake list and litigation list reports – Christchurch". Courts of New Zealand. The Crown. February 2018. Retrieved 4 March 2018.
  40. ↑ "EQC email recipient denies leaking details". 3 News NZ. 26 March 2013.
  41. ↑ "Blogger releases leaked EQC data". 3 News NZ. 12 April 2013.
  42. ↑ "No appeal after Graeme Robinson incompetence claims quashed". stuff National. stuff. 10 August 2015. Retrieved 6 March 2018.
  43. ↑ "EQC and Action Group agree settlement principles". EQC. NZ Government. 29 April 2016. Retrieved 4 March 2018.
  44. ↑ McCrone, John (14 May 2016). "EQC called to account over 'when new' repairs". The Press. stuff. Retrieved 4 March 2018.
  45. ↑ McMullen, Kirsten (2016). "EQC Action Group Settlement – landslide victory or confirming the status quo?". Cavell Leitch. Cavell Leitch. Retrieved 4 March 2018.
  46. ↑ Wright, Michael (28 September 2016). "'Outstanding' EQC boss Ian Simpson quits". stuff. stuff Ltd. Retrieved 2 March 2018.
  47. ↑ STYLIANOU, GEORGINA (21 February 2016). "Hundreds protest outstanding EQC and insurance claims in Cathedral Square". The Press. stuff. Retrieved 2 March 2018.
  48. ↑ Wright, Michael (7 March 2013). "EQC insulation turnaround 'incompetence'". The Press. stuff. Retrieved 2 March 2018.
  49. ↑ "EQC chairman Sir Maarten Wevers resigns as Govt steps in to speed up settlements". The New Zealand Herald. NZME. 23 February 2018. Retrieved 2 March 2018.
  50. ↑ McDonald, Liz (1 March 2018). "Minister Megan Woods not finished yet with Earthquake Commission shake-up". The Press. stuff. Retrieved 2 March 2018.
  51. ↑ "EQC must do better in future". Otago Daily Times. Allied Press Limited. 1 March 2018. Retrieved 2 March 2018.
  52. ↑ McDonald, Liz (13 November 2018). "EQC inquiry head Dame Silvia Cartwright says inquiry not about reputations". Stuff. Retrieved 31 October 2023.
  53. 1 2 Todd, Katie (9 April 2020). "EQC poorly prepared for Canterbury earthquakes - inquiry". Radio New Zealand. Retrieved 31 October 2023.
  54. ↑ Hayward, Michael (9 April 2020). "Inquiry finds EQC unprepared for Canterbury quake claims, says changes needed". Stuff. Retrieved 31 October 2023.
  55. ↑ Wilson, James Oakley (1985) [First published in 1913]. New Zealand Parliamentary Record, 1840–1984 (4th ed.). Wellington: V.R. Ward, Govt. Printer. p. 119. OCLC 154283103.
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