Home' Northern Outlook : September 19th 2012 Contents 4 NORTHERN OUTLOOK, SEPTEMBER 19, 2012
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Since September 2010
in order for a Purchaser
to get the benefit of a claim
with EQC or the insurance
company the Vendor and
Purchaser sign a Deed of
Assignment of EQC and/or
Insurance Claim assigning
the benefit of the Claim to the
Purchaser. This is given to
the Purchaser on settlement.
The Deeds are usually in
a standard form recording
the particulars eg: that the
parties have entered into a
contract to sell the property,
claim numbers etc. Without
one, EQC will not discuss the
Claim with the Purchaser.
That's the easy part. The
difficult part has been
evolving over some time.
Since September 2010
there are varying stages of
Claims with EQC and for
a conveyancing solicitor
the challenge is assessing
exactly what stage the claims
are at. In some cases claims
have still not been assessed,
some are settled and the
Vendor paid out. Repairs
have been made, some not.
For the Purchaser they need
to work through the Scope
of Works and/or building
report to see what has and
has not been completed.
Some insurance companies
are requiring a Deed to be
signed prior to providing
insurance to the Purchaser.
Some dig deeper and want
to know that the EQC payout
has been used to repair the
damage and not used for
It all begins at the Agreement
stage and one standard
clause does not fit all
situations. The Vendor
should take care what
they are contracting to
assign to the Purchaser.
The Purchaser will want to
ensure the Vendor assigns
all their rights in any claim
including where the work
has been completed by EQC
themselves to deal with any
workmanship issues later.
There are many forms of EQC
assignment clauses used in
Agreements. Take a minute
to read them and check
what your obligations are or
what you are getting. Make
full enquiries with the Vendor
or their agent as to the state
of the EQC/Insurance claim.
In all cases, where you are
unsure, seek Legal Advice.
Mon-Fri 8.30am-5pm, Sat 10am-12pm
7 Ashley Street,
PO Box 627 Rangiora
Phone: 310 6464 Fax: 310 6462
ONE SIZE DOESN'T
ASSIGNING THE EQC CLAIM
TO THE PURCHASER
QUESTIONABLE VALUE: Pokies as a form of entertainment are not a huge drawcard
for tourists, according to the Problem Gambling Foundation.
policy seen as
We've established they
are harmful -- why keep
them? Sara Epperson
HURUNUI DISTRICT Council has
come under fire from the Problem
Gambling Foundation for failing to
support a sinking lid policy in its
three-year gambling policy review.
Councillors voted to stick with a
laissez-faire approach to gambling
and send out a largely unchanged
draft gambling policy for community
consultation at a strategy and policy
meeting last week.
The unchanged policy position was
backed by a staff report citing the
low numbers of pokies, the limited
social impacts from them, the need
to cater for tourists to the region and
the positive role of generating
Problem Gambling Foundation
health promoter Sara Epperson said
the organisation would have
preferred to see the council change to
a sinking lid policy, with a view to
reduce the numbers of electronic
gaming machines (EGMs) from the
total of 69.
Frankly I found it uninspiring
and underwhelming -- specifically
with the Hurunui there is quite a
focus in the annual plans on tourism.
Pokies as a form of entertainment
is not a huge drawcard for tourists at
all, and so the idea of keeping pokies
. . . I m not sure I see the rationale.
We ve established they are harmful --
why keep them?
According to the council s social
impacts report, about 220 people
from the district have a gambling
problem and two people received
problem gambling intervention in
the year to July 2011.
However, the report also acknow-
ledges the difficulty in accurately
assessing the level of problem gam-
bling, despite access to this data.
The indicators are that problem
gambling prevalence in the Hurunui
is probably quite low, however, many
problem gamblers often do not seek
help, the report said.
Ms Epperson said it would be a
mistake to underestimate the harm
caused by problem gambling.
The effects of gambling on children
and families were also often a hidden
Leaving the market to regulate
pokie machines would be giving up
on an important opportunity to
reduce gambling-related harm.
We re pleased the demand for
pokies is not increasing in the Huru-
nui, but it is important to realise
pokies aren t an ordinary
Pokie machines are designed to
be addictive, Ms Epperson said.
The council report also highlighted
the importance of funds from
gambling for community organis-
ations, with more than $3 million
spent on pokies alone in the region
between July 2010 and July 2011.
The main change in the new policy
sees stand-alone TAB venues
prohibited. The staff report said the
move would send a message that the
council was committed to reducing
the harmful effects of gambling in
Axeman chased down
A NORTH CANTERBURY police
officer faced a test of fitness at the
weekend after a suspect he arrested
escaped, sparking a kilometre-long
chase on foot. Senior Sergeant Mike
McRandle said police were called to
Cheviot about 10.30pm on Saturday
to reports of a man with an axe chal-
lenging members of the public to a
fight. Police found the man on a bike,
but he ran off after they went to
arrest him. A police officer made
chase, and nabbed the man about a
kilometre down the road. A 23-year-
old was charged with failing to stop
for police, escaping police custody,
disorderly behaviour and having a
weapon in a public place.
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