Aftershock claimants have three months to lodge application

Information provided to the New Zealand Law Society by the Earthquake Commission indicates that anyone who suffers property damage as the result of an aftershock in Canterbury may lodge a claim within three months of the particular aftershock – and not by 3 December as rumoured.

The chair of the Law Society’s Property Law Section, Chris Moore, said today that there was some confusion in Canterbury about claims for aftershock damage and the Property Law Section had contacted the Earthquake Commission (EQC) for clarification.

“We have been advised that the EQC is required to consider claims for any physical loss or damage as the direct result of an earthquake – whatever its magnitude and whether it can be described as an aftershock or not,” he said.

Mr Moore said anyone lodging a claim to the EQC is required to do so within three months of the event. He said there had been some misunderstanding over whether aftershocks were seen as separate events or would be regarded as part of the first major Canterbury earthquake on 4 September.

“This could have meant that anyone suffering property damage from one of the aftershocks would still have had to lodge their claims by 3 December. However, the EQC has clarified the situation and it is clear that people have three months from the particular aftershock in which they may lodge a claim.”

Mr Moore said the EQC had advised the Property Law Section that it preferred all damage claims to be lodged as soon as possible after the event.

ENDS

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