Questions and answers from CERA

 Questions asked 17 February via email to CERA.

  1. Who is liable for the land damage underneath the property.
  2. Who is liable for the land remediation required for foundations up to the standard of the Building Code. AS/NZS 1170.5
  3. Why are residents denied access to the Orbit Database which contains all the details of their land damage? 
  4. Where can residents look up information about their land damage including land settlement?
  5. CERA published this statement. Undersigned by the Government “Home owners should note the fact that most insurance policies in place at the time of the earthquakes will cover the cost of building consent requirements to raise finished floor levels to meet standards set in the Building Act.
    Insurers will continue to work productively with the Council, EQC and other agencies to provide best outcomes for policy holders.

    Pg 17
    http://cera.govt.nz/sites/cera.govt.nz/files/common/tc3-residential-rebuild-booklet-A4-20121204.pdf
    It is the groundwater that is the main problem in the Eastern Suburbs. If Houses are not raised they are at total loss.
    See attached photos.
    What is CERA and other agencies doing to ensure the best outcome for these policy holders as stated?
  6. Where no and remediation is possible such as for Category 8 and Category 9 land, why is the land and property not categorized as total loss.
    It is known that subsidence/settlement takes place down to 20 m despite what is on the surface (Eastern suburbs). Many properties have groundwater at less than a meter.
    No remediation can address this where there is lateral spreading.

Answers received 14 March.

  1. Who is liable for the land damage underneath the property.
    Information is available at: http://www.eqc.govt.nz/what-we-do/land. Please refer to EQC for more information.
  2. Who is liable for the land remediation required for foundations up to the standard of the Building Code. AS/NZS 1170.5
    Information is available at: http://www.eqc.govt.nz/what-we-do/land. Please refer to EQC for more information.
  3. Why are residents denied access to the Orbit Database which contains all the details of their land damage? 
    The Orbit Database does not contain details of land damage. It is a settlement database that has legal documents and insurance information related to red zoned properties. Residents are not denied access to this information. They can request a copy of what is on the database in relation to their own property.
  4. Where can residents look up information about their land damage including land settlement?
    Information is available at: http://www.eqc.govt.nz/canterbury-earthquakes/progress-updates/canterbury-faqs Please refer to EQC for more information.
  5. What is CERA and other agencies doing to ensure the best outcome for these policy holders as stated?
    EQC has agreed a joint approach to talk to flood prone communities which will include CERA and other agencies. Information is available at:http://www.eqc.govt.nz/canterbury-earthquakes/land-claims/flat-land/increased-risk-of-flooding. Please refer to EQC for more information
  6. Where no and remediation is possible such as for Category 8 and Category 9 land, why is the land and property not categorized as total loss.
    Information is available at: http://www.eqc.govt.nz/canterbury-earthquakes/progress-updates/canterbury-faqs Please refer to EQC for more information.These answers resulted in further questions regarding answer no 3.
    Who do residents call to get the detailed land damage, settlement information for their property from the Orbit database?
    Answer received.
    My apologies, I should have been clearer … Orbit contains “settlement” information in relation to settlement of an Agreement for Sale and Purchase of properties in the Residential Red Zone between the owner (or former owner once they have settled) and the Crown.

    It does not include settlement information in relation to land damage (i.e. how much the land has settled vertically). 

Conclusion:
I have seen land displacement information on the Orbit Geotechnical database.
There is no intention to give residents information about their own land damage, nor land settlement information.
To settle a land claim without claimant having information about the subsidence is unjust in my opinion.

We are looking at options for the residents to get access to these vital information.
Watch this space.

Floor Area of your property

The term floor area has a legal definition as per the New Zealand building code.

“floor area, in relation to a building, means the floor area (expressed in square metres) of all interior spaces used for activities normally associated with domestic living”

This is in harmony with how calculations of “floor area” are on architectural drawings for building work. Commonly information from building plans is used when insurance is arranged. Floor Area is the term used in insurance contracts.

If you have legal plans of your property, (available from Council) you can rely on those figures.

Houses are insured on “Floor Area” not to be confused with area of house. Check your policy.
Having a 100m2 groundfloor and 10m2 room in roof cavity does not require insurance of 230m2 “Floor Area”. 
But 110m2 as per building plans.
House area is something that has appeared after the earthquakes. Check out the ANZ site here, second reference is to the building plans that is the correct one.
Then they offer you a guide to measure the outside.
What is the purpose of a Code of Conduct if they practice in this way.

https://comms.anz.co.nz/insurance/detail/article/15033/0/0/how-to-measure-the-floor-area-of-your-house.html