Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Southern Response will not appeal Rout judgement

31 January 2013

Southern Response will not appeal Rout judgement

The Southern Response Board has decided not to lodge an appeal against the decision of the High Court in the claim brought by Mr and Mrs Rout.

Southern Response Chief Executive Peter Rose said the Court decision provides useful guidance on various issues facing homeowners and their insurers.

“Important from Southern Response's perspective is the recognition of the MBIE Guidelines as a 'relevant and authoritative guidance document' taken into account by Christchurch City Council in considering applications for building consent.

“We will continue to follow the Guidelines in relation to the viability of repairs and the investigations needed to satisfy Christchurch City Council. The Guidelines provide criteria for the type of geotechnical testing required to make decisions about re-levelling foundations. The case makes some comments about another key issue, deep soil testing limited to the specific facts of the case. It is important to note in our view, that the case does not expand the restricted circumstances in which deep soil testing is required under the MBIE Guidelines or provide any ruling about the type of testing required in other cases.

“Southern Response does not intend to change its current approach to deciding when deep soil testing may be required,” said Peter Rose.

The Court accepted that the Flood Management Area floor level heights do not apply to repairs but to new builds only.

“We are aware this decision is being treated as authority for the proposition that insurers are generally obliged to pay for the cost of houses to be restored to their pre-earthquake level, but this is is not the case. This decision only concerns a very limited number of houses which for specific safety reasons have a Consent Notice specifying floor levels registered on the title. Southern Response does not intend to change its current approach to re-levelling floors in any other situation,” said Peter Rose.

“It is clear from this case that rebuild costs are to be based on the cost of foundations actually built, which will generally not be as expensive as foundations notionally assessed for Red Zone sites. There is a clear confirmation of the principle that claimants cannot receive a windfall from their insurer. Claimants will not be entitled to be paid their rebuild costs unless they have incurred them,” he said.

ENDS

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Inequality: Top 10% Of Housholds Have Half Of Total Net Worth

The average New Zealand household was worth $289,000 in the year to June 2015, Statistics New Zealand said today. However wealth was not evenly distributed, with the top 10 percent accounting for around half of total wealth. In contrast, the bottom 40 percent held 3 percent of total wealth. More>>

ALSO:

What Winter? Temperature Records Set For June 20-22

The days around the winter soltice produced a number of notably warm tempertaures. More>>

Conservation Deal: New Kākāpō Recovery Partnership Welcomed

Conservation Minister Maggie Barry says the new kakapo recovery partnership between DOC and Meridian Energy is great news for efforts to save one of New Zealand’s most beloved birds. More>>

ALSO:

Tech Sector Report: Joyce Warns Asian Tech Investors View NZ As Hobbits And Food

Speaking in Wellington at the launch of a report showcasing the value of the technology sector to the New Zealand economy, Joyce said more had to be done to tell the country's technology stories overseas. More>>

ALSO:

Mediaglommeration: APN Gets OIO Approval For Demerger Plan

APN News & Media has received Overseas Investment Office approval for its plan to split out its NZME unit ahead of a potential merger with rival Fairfax Media's New Zealand operations. More>>

New Paper: Ninety-Day Trial Period Has No Impact On Firms' Hiring

The introduction of a 90-day trial period has had no impact on hiring by New Zealand companies although they are now in widespread use, according to researchers at Motu Economic and Public Policy Research. More>>

ALSO:

Corrections: Serco Exits Equity Stake, Remains As Operator

Serco has sold its equity stake in the company that holds the contract to design, build and run Wiri Prison in South Auckland but continues as sub-contractor to operate the facility. More>>

GDP: NZ Economy Grows Faster-Than-Forecast 0.7%

New Zealand's economy grew at a faster pace than expected in the first quarter of 2016 as construction expanded at the quickest rate in two years. The kiwi dollar jumped after the data was released. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news