ReSolution Issue 22, September 2019 | Page 23

If a homeowner needs a third party to resolve the claim, the decision is more difficult. As a rule of thumb:
-The GCCRS Determination process is probably still the best option if time, cost and finality are major considerations. The costs regime in which homeowners cannot normally be liable for the insurer’s costs is a major drawcard.
-The Tribunal may be a good option where the homeowner seeks an alternative to Court with a published decision.
-The High Court remains the best choice for highly complicated matters or matters with potentially precedent-setting issues of law.
In terms of which option is best for unrepresented homeowners, this will be a difficult decision between the Tribunal and the GCCRS Determination process. The Tribunal has a wide-ranging ability to investigate claims that may exceed the flexibility of even the GCCRS Determination Process. However, the costs regime in the Tribunal may be considerably less advantageous and the appeal process presents its own additional set of risks.
For parties who are already involved, but not too far advanced in Court proceedings, the Tribunal may be the best option. An insured person is able to apply for an order to transfer proceedings to the Tribunal.
By contrast, transferring proceedings to the GCCRS will normally require the consent of the other party and the Court, which will mean negotiating on how to deal with Court costs that have already been incurred as well as the costs associated with the GCCRS process.
The new Tribunal will allow homeowners an attempt to resolve the dispute in a more economical forum than the High Court even if the insurer does not agree. One important word of caution is that the appeal process to the High Court (and then Court of Appeal/ Supreme Court) could end up thwarting this approach so it is not recommended for homeowners who are already advanced in their litigation.

1. See Canterbury Earthquakes Tribunal Act 2019, s 40.
2. Canterbury Earthquakes Tribunal Act 2019, s 56.
3. Canterbury Earthquakes Tribunal Act 2019, s 30.

about the authors
miranda gray senior solicitor
matthew prendergast senior solicitor
sam hider solicitor
simpson grierson