Pipiwharauroa

Tairāwhiti Community Law Centre

Severe Weather Events Create Great Need – A Resource for Homeowners

Firstly, on behalf of our trustees and staff, Tairāwhiti Community Law Centre extends our sincere best wishes to everyone who has been impacted by the recent frequent severe weather events. These events, together with infrastructure failures, are taking a toll, especially on those who are being impacted time and time again and have created great need for so many people in so many ways.

The damage to infrastructure, communications and our wellbeing is devastating and the trauma will be with us for some time. Unfortunately the rain will keep coming and its severity will continue to increase. We cannot move from response to recovery until the weather improves and things can be repaired or replaced, this will take considerable time. The ongoing nature of these events and the fallout from them will mean fatigue and mental strain are being added to the physical tiredness leading to other negative outcomes for whānau that can be hard to deal with.

Our Gisborne office has reopened and we can assist whānau with free legal advice over the phone and face to face appointments depending on your need and circumstances. Our office will be open Monday to Friday between 9am and 3pm but please note, we close for lunch between 12-1pm.

Our service is free for those who cannot afford a lawyer, who do not qualify for legal aid and who otherwise cannot get access to justice. Like other businesses, not-for-profits and community groups, we have reduced staffing levels due to the impact of the cyclone so we will not be taking on new wills or enduring powers of attorney for whānau until further notice. Our Wairoa office is not yet up and running after the cyclone because of communication issues but we hope to open soon. However this is dependent on things beyond our control.

Tairāwhiti Community Law Centre has received a great deal of information related to Cyclone Gabrielle. Understanding that too much information can be overwhelming, I am going to focus on homeowners in this article.

1) Homeowners who have house insurance

If you have house insurance and you have suffered damage to, and loss of property, contact your insurer in the first instance. You automatically purchase EQCover if you have house insurance.

Natural Disasters that are covered: EQCover insures residential buildings and land against physical loss or damage from earthquakes, natural landslips, volcanic eruptions, hydrothermal activities and tsunami.

WHAT IS EQCOVER?

Storm (residential land cover only), flood (residential land cover only) and natural disaster fires that may occur as a consequence of any of the listed natural disasters. Storm and flood damage only covers your residential land under EQCover. If your residential property is not immediately damaged following a natural disaster, but damage is imminent as a direct result of it, EQCover might also apply.

New Zealand Claims Resolution Service (NZCRS) NZCRS is available to residential homeowners if they are having difficulty with their insurance claims after a natural disaster, to avoid disputes, resolve issues and ensure claims are settled in a timely manner.

2) Homeowners

who do not have House Insurance

If you are not insured and have suffered damage to and loss of property you cannot make a claim to EQCover. However there are other ways to access assistance of which you may not be aware.

Civil Defence Payments: Civil Defence Payments may be able to provide you with support and assistance if you have been affected by Cyclone Gabrielle.

You do not have to be on a benefit to qualify for a Civil Defence Payment and non-residents may be eligible. In most cases it does not matter what your income is or what assets you have.

Civil Defence Payments can help with:

• Emergency food, clothing and bedding if yours have been damaged or destroyed

• Loss of income due to an inability to work caused by Cyclone Gabrielle

• Costs if you had to leave your home

• A payment if you have evacuees staying with you in places such as a private home, marae or community centres

You must be in one of these situations because of the emergency:

• You had to leave your home having been evacuated or you are on stand-by

• You were away from your home at the time of the emergency and cannot return

• You need help with food, bedding or clothing and / or

• You cannot go to work

You must also not be able to cover your costs from insurance or you have not been paid yet and you do not have access to any other help such as public donations and relief funds.

If you are not sure whether insurance will cover your costs, you may still qualify for a Civil Defence Payment. However, if you get a Civil Defence Payment and then your insurance pays for any costs you will need to pay Civil Defense back.

Mayor Relief Fund:

As the financial amount available is limited, priority for support will be given to:

• Provision of essentials for daily life, transport needs and household contents.

• Rebuild or recovery costs of building damaged by water or storm damage.

• Essential items not covered by insurance or other funds.

Personal Temporary Bank Overdraft:

The Government has provided an exemption that makes it easier for customers affected by the recent severe weather to apply for a personal overdraft up until 31st March 2023.

Hardship Withdrawal from your Kiwi Saver Provider:

You may apply for a significant financial hardship withdrawal if you cannot pay for food, accommodation, transport, power, water or gas.

Work and Income Emergency Grants: Work and Income may help with emergency costs for things such as: Medical costs, bedding, food, power bills, repairs and replacements of appliances, and loss of income because you cannot work.

Deferred Gisborne District Council Rates: Gisborne District Council are allowing homeowners to defer rates payments for up to six months. You may even be eligible for a rates rebate.

Helpful links from Heritage Lifecare below: Flood recovery | Gisborne District Council (gdc. govt.nz) includes support available and helpful links. If you need help finding somewhere to live while your home is repaired or rebuilt, coordinators can connect you to services and resources to help you get back on your feet www.tas.mbie.govt.nz/cyclone-flooding

Farmers, growers, and whenua Māori landowners significantly affected by Cyclone Gabrielle can apply for recovery grants. This is to help people undertake urgent work, including fencing, and clearing silt to save fruit trees and vines https://mpi.govt.nz/funding-rural-support/ adverse-events/cyclone-gabrielle-recoveryadvice-support-and-funding-available/cyclonegabrielle-recovery-grants-and-funding/

Local Marae, community groups and contracted social sector providers of food and other supports, including services for disable people, can apply to the community support package fund https://www.msd.govt.nz/about-msdand-our-work/work-programmes/community/ community-support-package-north-islandfloods-and-cyclone-gabrielle.html

References:

EQC Insurance Overview :: Toka Tū Ake EQC New Zealand Claims Resolution Service (nzcrs. govt.nz)

Civil Defence Payment - Work and Income Tairāwhiti Mayoral Relief Fund | Gisborne District Council (gdc.govt.nz)

Getting my KiwiSaver savings for significant financial hardship (ird.govt.nz)

Emergencies - Work and Income Rates relief options | Gisborne District Council (gdc.govt.nz)

Ngā mihi

Gillian Creach General Manager