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EQC further clarifies Limitation Act position

08 August 2016

The Earthquake Commission (EQC) says it has further clarified its position about the length of time EQC customers have to legally challenge a settlement for a claim made under the Earthquake Commission Act 1993.

It says it is aware of concern among some lawyers and their clients that the six year limitation period under the Limitation Act will close on 4 September 2016 and any legal proceedings will need to be filed before then.

"EQC wants to be clear that this is not its position and we consider the six-year limitation period to start from the date when an individual claim was settled or declined, as we stated in December 2015," says EQC Chief Executive Ian Simpson.

"It is from this point that the six-year time limit for bringing legal proceedings commences and not from the date of when an earthquake event occurred. This also means that the limitation period will vary from claim to claim.

"For example, there is no 4 September 2016 deadline to bring Court proceedings challenging an EQC claim settlement for damage caused by the September 2010 earthquake," Mr Simpson says.

EQC says it has updated its website with a more detailed explanation of how it calculates limitation periods under the Act. It says customers can rely on that statement if they decide to bring legal proceeedings after 4 September 2016.

Last updated on the 16th September 2019