GCA Lawyers successfully defended Van Leeuwen Group’s right to seek court clarification on biosecurity compensation under the Biosecurity Act 1993. The Attorney-General sought to strike out the case, arguing disputes must go to arbitration, but the High Court ruled that legal interpretation remained within the Court’s jurisdiction. This decision clarified key compensation rights under the Act, providing strategic clarity for our client.
GCA advanced a class action for former AMI policyholders, against SRESL, and organised litigation funding support. The proceedings alleged that Southern Response applied ‘a deliberate strategy to minimise policyholders claim entitlements’ in breach of the insurance policy and the law. After the Court of Appeal permitted the case to proceed the government quickly moved to settle the claims and proceedings were formally discontinued. A specialised private determination process then proceeded before retired-Justice Panckhurst to finalise quantum due to each policyholder.
The Earthquake Minister was required to reconsider and make a fresh offer to uninsured red zone owners. The Quake Outcasts group filed a fresh action to judicially review this second Ministerial decision. The group lost in the High Court but on appeal, the Court of Appeal found* Minister Brownlee’s actions to have been unfair, unreasonable and unlawful. All Crown arguments in support of the Minister’s decision, were rejected. The Crown then settled. Publicly, the National government announced that Quake Outcasts members received ‘only 80%’ of the 2007 value of their improvements, but an interest component saw clients receive about 105% with a substantial costs payment in addition.
As National would only settle the claims of those persons in the action, with a change of government GCA lobbied the new government seeking payment for all uninsured homeowners in red zones to receive their full entitlements. In August 2018 the Labour government confirmed it would pay $12M to over 100 remaining uninsured homeowners in full and final settlement of this affair.
*Quake Outcasts v The Minister for Canterbury Earthquake Recovery and Chief Executive of the Canterbury Earthquake Recovery Authority [2017] NZCA 332
The firm represented 46 owners of uninsured property in ‘red zones’ created after the February 2011 quake. The Crown sought to buy insured owner’s properties for the 2007 Rateable Value, but offered the uninsured owners, only half the value of the land alone. The action addressed the Crown’s right to acquire citizen’s land for less than fair market value and raised constitutional, property and human rights issues. The group succeeded before the High Court, Court of Appeal and the Supreme Court in a first round of judicial review*.
*Quake Outcasts v The Minister for Canterbury Earthquake Recovery and Chief Executive of the Canterbury Earthquake Recover [2016] NSSC 166
GCA acted for about 55 families who lost loved ones in the Christchurch earthquake of February 2011. Representation was arranged for the group before the Royal Commission of Inquiry, where all matters of concern as to future prevention and related issues, were resolved.
Mr Carr sought and obtained, the setting aside of an arbitration agreement and decision, on the basis of mutual mistake.
This was a defamation claim brought against the Commissioner after an Assistant Commissioner made false and defamatory comments about the officers, during a major employment dispute. Proceedings were filed and a substantial settlement was quickly secured.
