24 April 2024

Meeting administration

Conflicts of interest

No new conflicts of interest were declared.

Minutes and actions

The minutes were taken as read and updates provided on the outstanding actions. The group noted that a response has not been received from the Real Estate Authority.

Toka Tū Ake EQC – Canterbury claims update

On-sold claims update

1. An update on Treasury on-sold claims was provided to the group. 726 claims are currently active and 737 are complete.
2. The group discussed timeframes and the Treasury variation letter sent to homeowners.
3. The group expressed support for implementation of timeframes/deadlines that assist homeowners in moving forward.
4. Examples were discussed where extensions requested by homeowners had not been agreed to by EQC Toka Tū Ake. EQC Toka Tū Ake clarified these include homeowners that may have lodged expressions of interest which were subsequently closed for lack of information, no engagement from homeowners, or deemed to be ineligible. Pip Andrews requested examples to be provided to her directly to investigate.
5. Dispute resolution was discussed with the group requesting copy of the process utilised for the Treasury Programme.

Out of on-sold programme claims

1. An update on the out of on-sold programme claims and process for reviewing these was provided to the group. 30 claims are currently in progress and 1100 claims have been reviewed.
2. The group requested an update on the number of claims settled and the timeframe for resolution of these claims.
3. Briefings to the Minister were discussed with the group requesting any subsequent briefings provided to Minister Seymour post November 2023.
4. The group discussed due diligence required when purchasing a property and the support information available.
5. EQC Toka Tū Ake committed to reviewing the current website information available to home buyers and the due diligence that needs to take place.

Burden of proof - evidence

1. The group discussed level of evidence required by EQC Toka Tū Ake as burden of proof from homeowners.
2. The Director advised NZCRS is currently working with insurers on triggers for burden of proof and the type of evidence homeowner need to provide. 

Deed of assignment 

1. The group discussed EQC Toka Tū Ake/Southern Response processes for a Deed of Assignment plus the Memorandum of Understanding in place to manage these.
2. The group noted the benefit NZCRS provide to homeowners navigating issues with Deed of Assignments.  

NZCRS

On-sold programme

1. The Director received notification from EQC Toka Tū Ake requesting NZCRS stop supporting on-sold homeowners that are not in the Treasury Programme.
2. The group strongly disagree with EQC Toka Tū Ake request and take the position that NZCRS should continue to support these claims. Advice is being sought from MBIE Legal and Crown Law.
3. The group advised they would provide support for NZCRS by writing to EQC Toka Tū Ake. 

NZCRS operations update

1. The April directors report to be emailed to the Group once complete. 
2. The Director provided the Group with an update on MBIE changes taking place.

CHOAG

General business

No update provided.

Next meeting

1. NZCRS and EQC Toka Tū Ake will present their QMS to the group on 29th May 2024.
2. The next bi-monthly CHOAG meeting is scheduled for 26th June 2024. Following 1 July 2024, these meetings will move to being quarterly.

Meeting closed: 11.30am