A proactive package for southern responders

The government has approved a package that will be offered to eligible document holders who settled with the Southern Response before October 2014, Minister Responsible for Earthquakes Commission David Clark announced today.

“The pre-emptive package offers an additional payment to clients in a situation similar to Mr. and Mrs. Dodds, who recently won their case for further payments. The payments may include some professional fees, a contribution to legal fees, unpaid contingencies, and interest. The implementation of the package will be overseen by a supervisory committee.” Independent.

The rollout of this package aims to address the unfairness of those who settled their claims before October 2014 compared to those who settled later.

“I acknowledge the length of time the ongoing judicial process has taken and the pressure this is causing for plaintiffs.”

As the package will affect some insurance policy holders who are likely to be part of an existing lawsuit known as Ross Class Action, Southern Response today is filing a request with the court to confirm that it can communicate with these policyholders about the package.

“I appreciate that individual claimants will want to resolve this issue as quickly as possible. This package offers a way to solve the problem without lengthy and costly legal procedures.”

David Clark said: “The court cases have so far been useful in obtaining clarity on how to apply the findings fairly to policy-holders in a similar situation, and have communicated the principles of this package.”

The members of the independent oversight committee are:

David Ayers (President) Fiona Moleznina Khoury Sandra Manderson

David Clark said: “I would like to thank the members for agreeing to be part of the committee who will help ensure that it is a fair and transparent process that everyone can trust.”

Background Information:

Dodds decision

Karl and Alison Dodds sued Southern Response in the Supreme Court regarding costs that were included in the “Office Use Division” in the Internal Scope Document (administration costs, professional fees, and contingencies), which were not included in the original settlement of the private insurance claim. Their.

Judge Gendall ruled in the Supreme Court that by not providing the Dodds family with a construction cost that includes these costs, Southern Response misrepresented the Dodds in violation of Section 35 of the Contract and Commercial Law of 2017. The Supreme Court also ruled that Southern amounts to misrepresentation of the response to Deceptive behavior and deception under the Fair Trade Act 1986.

The Crown, via the Southern Response, appealed the Supreme Court’s decision in order to gain more clarity that would enable the Southern Response to respond to other affected claimants in a situation similar to the Dodds.

The Court of Appeal largely upheld the Supreme Court’s decision of 2019 and ruled on Mr. and Mrs. Dodds to pay damages based on the difference between the true value of their rights under their policy and the amount previously settled with the Southern Response. The court also held that the true cost of rebuilding the Dodds home would include contingency costs and professional fees, as well as some Arrow costs, which were excluded from the costs document filed with Dodds.

Crown and Southern Response said it will not appeal this decision again because it has gained the clarity it needs to be able to prepare a response for other policyholders in a similar situation to Mr. and Mrs. Dodds.

Ross working class

Mr. and Mrs. Ross initiated proceedings against Southern Response on similar grounds to Mr. and Mrs. Dodds. However, Mr. and Mrs. Ross presented their case as a “class action” and acted as representatives for a class of policy-holders who believed they settled with the Southern response in similar circumstances.

While any hearing on those core issues in the Ross Class lawsuit is still some time away, the Supreme Court recently ruled that this case should continue on a “non-participation” basis, which means that any member of the “chapter” as defined by The court automatically fires into the class action unless they take active steps to cancel the subscription.

Independent Supervision Committee

To provide policymakers and the public with confidence in implementing the Southern response to the process, ministers create an Independent Oversight Committee (IOC) to oversee implementation of the Settlement Package.

The purpose of the IOC is to provide independent oversight, make recommendations to the Southern Response Board of Directors, and inform the Crown about important issues. In particular, the International Olympic Committee will:

Provide independent oversight of the decision-making process in the Southern Response Program regarding implementation and provision of independent advice or peer review of the package on key issues Carry out an independent periodic review of Southern Response processes and make decision regarding implementation and provide advice and recommendations to the Southern Response Board and the Crown on matters related to the interests of the holders Southern Response Documents related to the implementation and delivery of the package direct report to the Southern Response Board and the Crown.

The four members are David Ayers (Chair), Nina Khoury, Sandra Manderson and Fiona Mules.

David Ayers served as Mayor of Weimacariere from 2010-19, and took office shortly after the September 2010 earthquake. He held various positions in earthquake recovery efforts and is currently Chairman of the Canterbury Museum, and a member of the Review Committee for the reappointment of Christ Church Cathedral.

Nina Khoury is a lawyer with experience in international mediation and studies at the University of Auckland. I’ve spent a lot of time in Christchurch for the past 6 years helping to resolve earthquake insurance disputes. She participated in the design of the claims resolution service in Greater Christchurch and served as a facilitator on her team.

Sandra Manderson served as New Zealand Police District Chief at Canterbury from 2002-2007. In 2007, Sandra was appointed International Liaison Officer for the Americas covering the United States, Canada, and South and Central America. In the aftermath of the Canterbury earthquakes in February 2011, she returned to Christchurch to assist with police work in the aftermath of the disaster, then returned to Washington to complete her mission. She served as an elected member of the Board of the University of Canterbury, and most recently as an investigative lead for the Anti-Corruption Director of the International Cricket Board.

Fiona Mules is an experienced Audit and Risk Manager currently serving on the Boards of Reserve Bank, KiwiRail, Lyttelton Port Company, and Development Christchurch. She has consulted with Christchurch City Council and Atakaru on earthquake recovery anchoring projects.

/ General release. The material in this public release comes from the original organization and may be of a specific nature on time, and is edited for clarity, style, and length. View it in full here. .

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