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About 3000 Cantabrians short changed on the payouts they received for their quake damaged homes are a step closer to getting their money, after the settlement of a landmark class action. After a four-year legal battle that went all the way to the Supreme Court, lead claimants Brendan and Colleen Ross have come to an agreement with government-owned insurer Southern Response. As Conan Young reports, it's an important step in the government paying out roughly $300 million in compensation.
The Exclusive Brethren Church has been using the discredited private investigators Thompson and Clark to spy on former members. A two-year investigation for RNZ has found the church, described as cult-like by some, is a major and secret client of the controversial private investigators. Investigative reporter Nicky Hager says the discredited company has dossiers on at least 20 former members of the Exclusive Brethren, based on street surveillance, monitoring of social media, checks in public records and information supplied by church leaders. Thompson and Clark was the subject of an enquiry by the State Services Commission after it was caught spying on Canterbury quake claimants and state abuse complainants. Nicky Hagar says these former exclusive brethren members have committed no crime against the church, which now calls itself the Plymouth Brethren. Doug Watt of the Plymouth Brethren Church says just like any church, we are sad if someone leaves us, but wish them all of the best in their lives, and of course, hope that one day they will change their mind. In a written statement Watt says "What our Church or leadership does not do is launch secretive, clandestine, overnight operations with hired private investigators!" And he goes on to say "While we cannot comment on the actions of every individual within our Church, it is certainly true to say that the Church leadership has absolutely no knowledge or involvement in the matters you have described. Thompson and Clark have also responded to our story saying In a written statement Gavin Clark says "Thompson & Clark has always strived to operate within the law and the rules and regulations of our industry. He says this was confirmed by the Private Security Personnel Licensing Authority and the Police following the State Services Commission inquiry. Clark says the Police advised Thompson & Clark that it found no evidence of any criminal offending by either the company or its contractor regarding work done for Southern Response. While, the licensing authority ruled that Thompson & Clark did not breach the Act or the Code of Conduct for private investigators and is not guilty of misconduct or gross negligence.
As we approach the tenth anniversary of the Christchurch earthquake there are renewed calls for an inquiry into how Southern Response dealt with Canterbury earthquake claimants. Last year the government set up a support package for those who were short changed by Southern Response for their earthquake repairs. It came after a landmark High Court case found Southern Response misled and deceived Karl and Alison Dodds. Insurance claimants advocate, Ali Jones, says ten years on, lessons haven't been learned from how people were treated by Southern Response. She told RNZ reporter Sally Murphy that dealing with them is hell.
A lawyer acting for Christchurch home-owners short changed in earthquake settlements says a new plan announced by the government is likely to run into trouble. Last year in a landmark case, the High Court found the government's claim settlement agency, Southern Response, misled and deceived Karl and Alison Dodds. It ordered the government to pay the couple nearly $180,000. The government has now set up a package for other Southern Response claimants who settled before October 2014. Its estimated about 3000 people will be eligible to benefit. But most of them are already taking part in a class action led by Brendan and Colleen Ross. Their lawyer Grant Cameron speaks to Corin Dann.
The government has announced a package which aims to pay out Christchurch home-owners who were short changed by Southern Response. It has estimated about 3000 people will be eligible for the financial package but the government won't say how much it's going to cost. Most of them are already taking part in a class action led by Brendan and Colleen Ross and their lawyer, Grant Cameron. But things are getting messy for home-owners with another law firm launching a class action on Monday. Sally Murphy reports.
There are calls for tourism to change once borders are open again, targeting high end visitors over freedom campers. AUT Professor of Tourism Michael Leubeck joins The Panel to discuss the future for the industry. The Supreme Court has ruled that a class action by Canterbury insurance holders against Southern Response can go ahead. Ali Jones, insurance claimants advocate explains to The Panel what this means for home owners who've been fighting for years to get their fair entitlements.
The Supreme Court has ruled that a class action by Canterbury insurance holders against Southern Response can go ahead. Ali Jones, insurance claimants advocate explains to The Panel what this means for home owners who've been fighting for years to get their fair entitlements.
Quake-hit homeowners in Christchurch are a step closer to legal action that could cost the government hundreds of millions of dollars. A Supreme Court ruling has paved the way for a massive legal action against insurers Southern Response. Earlier this year Christchurch couple, Colleen and Brendan Ross won their case that the government-owned insurer tricked them into accepting a lower offer to repair their quake damaged home. Now up to 3000 others also have the chance for a bigger payout after the Supreme Court upheld an Appeal Court decision allowing a class action. The Ross's lawyer Grant Cameron speaks to Susie Ferguson.
There is hope that a precedent-setting Canterbury Earthquake court case will teach the public not to trust what they're being told by insurers.The Crown's announced it won't appeal a court decision - ordering state-owned insurer Southern Response to pay out a Christchurch couple.Earlier this month the Court of Appeal found the agency deceived Karl and Alison Dodds - by keeping secret a higher estimate to rebuild their quake-damaged home.Dodds family lawyer Peter Woods told Mike Hosking private insurers will probably try to distance themselves from the decision."It will also open the window on how insurance companies act generally, which will be good for the public to know."Woods says at the original High Court case there were about 1600 families in a similar position.LISTEN ABOVE
A landmark case against insurer Southern Response may open the gates for up to 3000 claimants.The Crown's announced it won't appeal a court decision ordering state-owned insurer Southern Response to pay out a Christchurch couple. Earlier this month, the Court of Appeal found the agency deceived Karl and Alison Dodds by keeping secret a higher estimate to rebuild their quake-damaged home.Insurance claimant advocate Ali Jones told Chris Lynch this could leave the government open to hundreds of millions of dollars in pay outs to other homeowners in a similar position.Listen above.
Chris Lynch was joined by Minister for Greater Christchurch Regeneration Megan Woods and Waimakariri MP Matt Doocey to discuss the week in politics.Listen above.
Three thousand claimants, who allege state-owned Southern Response misled customers by withholding the true cost of rebuilding their quake damaged Christchurch homes, are continuing to prepare their class action.
A lawyer leading a class action against state-owned insurer Southern Response says the Government could be facing costs of $700 million in quake insurance payments. The Court of Appeal yesterday upheld an earlier ruling that found Southern Response was guilty of misleading and deceptive behaviour when it short-changed a Christchurch couple tens of thousands of dollars. Grant Cameron is representing another 3000 claimants, who also allege Southern Response misled customers by withholding the true cost of rebuilding their quake-damaged homes. Cameron speaks to Susie Ferguson.
A Christchurch couple locked in an ongoing legal battle with state-owned quake insurer Southern Response says it is sobering for a Court of Appeal decision to go their way, one decade on from the harrowing earthquakes. An earlier High Court decision found Southern Response guilty of misleading and deceptive behaviour when it short-changed Karl and Alison Dodds tens of thousands of dollars after their quake damaged house was written off. The Dodds say they were tricked into accepting a lower offer from Southern Response only to later discover the insurer had kept secret from them a second higher estimate to rebuild their damaged house, a so-called second secret detailed repair and rebuild analysis (DRA). The High Court ordered Southern Response to pay the Dodds almost $180,000 in damages, plus costs. But the government appealed the decision, saying it needed clarity, because of the thousands of similar cases it could be liable for. The Court of Appeal reduced the damages Southern Response has to pay $10,656.44 due to an earlier error in calculations. The Minister responsible Grant Robertson has declined to be interviewed. Southern Response also declined to be interviewed. Neither have ruled out appealing the decision in the Supreme Court.
The government could be liable for hundreds of millions of dollars in quake insurance payments following a potentially precedent setting Court of Appeal decision out today. The court upheld an earlier ruling that found state-owned insurer Southern Response was guilty of misleading and deceptive behaviour when it short-changed Karl and Alison Dodds tens of thousands of dollars after their quake damaged house was written off. The Dodds say they were tricked into accepting a lower offer from Southern Response only to later discover the insurer had kept secret from them a second higher estimate to rebuild their damaged house. The High Court ordered Southern Response to pay the Dodds almost $180,000 in damages, plus costs. But the government supported the appeal saying it needed clarity around similar cases. Lawyer for the Dodds, Peter Woods, tells Lisa Owen this decision delivers "clarity" in spades. Southern Response and Minister responsible Grant Robertson declined to comment but issued this statement: "We have received the Court of Appeal's decision for the Karl Dodds v Southern Response case, and we will now be taking some time to assess the Court's findings. "We will be making no further comment until all parties have had an opportunity to consider the findings and to determine their next steps." They have not ruled out a further appeal.
Southern Response is back in court today - this time having a final go at arguing that a class action against it should not be an 'opt-out'. Christchurch residents Brendan and Colleen Ross say the state insurer deliberately withheld the true cost of repairing their home which was damaged in the Canterbury earthquakes. They are now among 3000 people represented in a class action led by Christchurch lawyer Grant Cameron. In September last year the Court of Appeal decided the class action could proceed on an 'opt-out' basis - which means it would cover more people and potentially cost the state-owned insurer more money if it loses. Southern Response is challenging that decision in the Supreme Court, a two day hearing wrapped up on Tuesday. Checkpoint reporter Logan Church was there.
There is disappointment at the Crown's decision to appeal a High Court decision over a quake-damaged house.The Dodds were awarded more than $170,000 dollars last month after the High Court ruled Southern Response wrongly represented the total rebuild cost for their home.Insurance advocate Ali Jones says she's not surprised.She told Kate Hawkesby she thinks the Crown should've accepted the court's decision.Jones says no one questioned the Judge's findings that Southern Response's behaviour was misrepresentative, misleading and deceitful.LISTEN TO THE INTERVIEW ABOVE
I’m surprised that more people aren’t up in arms after a report yesterday found an investigation firm have been spying on New Zealanders and invading their privacy on the behest of State agencies.Security company Thompson and Clark has been barred from doing any more work for the government after the investigation by the State Services Commission found it used an unlicensed private investigator and produced electronic recordings of closed meetings without the consent or knowledge of attendees.To me the report is eye opening.Two brothers who claimed they were physically, sexually and psychologically abused in state care were seeking legal redress and damages from the Government. But rather than taking responsibility the Ministry of Social Development (MSD) and Crown Law hired private investigators to dig up dirt on witnesses.An entire government department, MBIE, has been found to have abandoned impartiality and become politicised.The report reveals Thompson and Clark also invaded the privacy of political parties like the Greens and Mana and various iwi groups around the country. And it had a peer into Greenpeace. The report says it was concerned that Thompson and Clark investigated so called “issue motivated groups” under the excuse that they raised security concerns. But then they stepped over the mark into information mining.And most disturbingly they invaded closed meetings of Christchurch earthquake victims to mine information for Southern Response, the government's insurance agency. This had led to the immediate resignation of the agency’s chairman Ross Butler.Now while we can call it spying it’s at the lower end of the scale but not in the eyes of some. Kim Dotcom was all over Twitter last night saying that New Zealanders pride themselves on being the least corrupt nation on earth but that’s a delusion. Of course he reckons the rot goes deep. After all the GCSB was found to have illegally spied on him. And on the face of it state agencies hiring private investigators to spy on New Zealand citizens going about their lawful business just sounds awful.My concern is how it demonstrates the deep polarity that exists in our society these days. The contest of ideas has grown so vicious that if we not for something we’re against it. And we’ll do anything to defeat our so called enemies and in doing so we lose all perspective.We saw it in Jami Lee Ross’s leaks of banal information. The rise of political strategists like Simon Lusk and the co-operation of bloggers to spread dirt. The whisper campaign against Clarke Gayford that caused the police to issue an extraordinary statement refuting the rumours. The way this morning when Russell Norman raised his concerns at being spied on most texts just waved them away because they just don’t like what Greenpeace stands for.It seems to me that some New Zealanders fervour in their own beliefs have caused them to lose their soul. So step back, take a chill pill and stand up for yourself, but do it honestly and openly.
There are calls for visibility around on-sold homes as the Government sets up a tribunal to settle unresolved earthquake claims.It's budgeted 6.5 million dollars for the Earthquake Tribunal.More than three and a half thousand quake claims have yet to be settled through EQC while Southern Response has an additional four thousand claims on its books.Insurance advocate Ali Jones wants to know what's happening with the declaratory judgement for on-sold homes.
Insurance companies and claimants have been purposely left out of the consultation process of a new tribunal.It's estimated eight years on from the first Christchurch Earthquake, more than four thousand claims are yet to be settled - with EQC, Southern Response and Private insurers.EQC Minister Megan Woods told Chris Lynch the tribunal will have legal powers much like a court.She says she considered what she's heard from claimants, while setting it up - but stopped short of consulting with the Insurance sector, EQC or claimants..The Minister says those parties will get a chance to comment when the bill goes through the select committee stage