If a section 73 hazard notice is placed on a property;
• Will EQC exclude this property from future land cover for flood?
• Can the notices be removed if a homeowner remediates their land or rebuilds their house in accordance with council floor level requirements?
• Can the notices be removed from individual properties if the council does area wide remediation to remove the flood risk eg. stop banks?
Asked: 27 June 2014
EQC does not place section 72 to 74 entries on the Certificate of Title and has no power to remove them. Most of this question needs to be answered by your local council.
If you have standard home insurance including fire, you generally have EQC Cover. http://www.eqc.govt.nz/what-we-do/eqc-insurance.
EQC may decline a claim where the certificate of title for the residential land contains a section 73. This is set out in Clause 3(d) of Schedule 3 of the Earthquake Commission Act<http://www.legislation.govt.nz/act/public/1993/0084/latest/DLM307146.html?search=ts_act%40bill%40regulation%40deemedreg_Earthquake+Commission+Act+1993+_resel_25_h&p=1> 1993.
If your property has a Section 72 to 74 entry on its land title and you put in a claim to EQC for damage that is caused by the type of natural hazard that caused the entry to be made, EQC has the discretion to meet your claim in full, partly meet your claim, or decline your claim. EQC will look at the particular circumstances of your property, the details of the notification, and your claim.
If you have a section 72 to 74 entry on your Certificate of Title and would like to find out how it may affect your EQCover:
first, contact your council and ask for information about the nature of the hazard specified in the entry;
then call EQC on 0800 DAMAGE (0800 326 243).
Christchurch City Council advises:
The notice can only be removed under the provision in the Building Act to remove a notice from a CT if the BCA determines that it no longer applies. In particular sections 74 (3) and (4) in red below:
The finish floor level may not mean that the hazard has been removed.
74 Steps after notification
• (1) On receiving a notification under section 73,—
(a) the Surveyor-General or the Registrar of the Maori Land Court, as the case may be, must enter in his or her records the particulars of the notification together with a copy of any project information memorandum that accompanied the notification:
(b) the Registrar-General of Land must record, as an entry on the certificate of title to the land on which the building work is carried out,—
(i) that a building consent has been granted under section 72; and
(ii) particulars that identify the natural hazard concerned.
(2) If an entry has been recorded on a duplicate of the certificate of title referred to in subsection (1)(b) under section 641A of the Local Government Act 1974 or section 36 of the former Act, the Registrar-General of Land does not need to record another entry on the duplicate.(3) Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:
(a) an entry referred to in subsection (1)(b):
(b) an entry under section 641A of the Local Government Act 1974:
(c) an entry under section 36 of the former Act.
(4) The building consent authority must notify the Surveyor-General, the Registrar of the Maori Land Court, or the Registrar-General of Land, as the case may be, who must amend his or her records or remove the entry from the certificate of title.