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

 

Budget Policy Statement: Spending Wins Over Tax Cuts; Big Ticket Items Get Boost

Income tax cuts are on hold as the government says “responding to the earthquakes and reducing debt are currently of higher priority”, although election year tax sweeteners remain possible. More>>

ALSO:

Fishy: Is Whitebaiting Sustainable?

The whitebait fry - considered a delicacy by many - are the juveniles of five species of galaxiid, four of which are considered threatened or declining. The SMC asked freshwater experts for their views on the sustainability of the whitebait fishery and whether we're doing enough to monitor the five species of galaxiid that make up whitebait. More>>

ALSO:

Crown Accounts: Smaller-Than-Expected Four-Month Deficit

The New Zealand government's accounts recorded a smaller-than-forecast deficit in the first four months of the fiscal year on a higher-than-expected inflow of corporate and goods and services tax. More>>

ALSO:

On For Christmas: KiwiRail Ferries Back In Full Operation After Quake

KiwiRail’s Interislander ferries are back in full operation for the first time since the Kaikoura earthquake, with the railspan that allows rail wagons to be loaded on the Aratere now restored. More>>

ALSO:

Comerce Commission Investigation: Prosecutions Over Steel Mesh Labelling

Steel & Tube Holdings, along with two other companies, will be prosecuted by the Commerce Commission following the regulator's investigation into seismic steel mesh, while Fletcher Building's steel division has been given a warning. More>>

ALSO:

Wine: 20% Of Marlborough Storage Tanks Damaged By Quake

An estimated 20 percent of wine storage tanks in the Marlborough region, the country’s largest wine producing area, have been damaged by the impact of the recent Kaikoura earthquake. More>>

ALSO:

ACC: Levy Recommendations For 2017 – 2019 Period

• For car owners, a 13% reduction in the average Motor Vehicle levy • For businesses, a 10% reduction in the average Work levy, and changes to workplace safety incentive products • For employees, due to an increase in claims volumes and costs, a 3% increase in the Earners’ levy. More>>

Get More From Scoop

 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news