Harmans Lawyers

Canterbury Earthquake Articles

Guide for commercial and residential property transactions

We appreciate that all of our clients have been affected in some way by the earthquake of 4 September. The effects will continue to be felt for some time, particularly for clients currently involved in a property transaction whether as buyers or sellers, or those clients thinking about buying or selling.

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Employment and staff issues

At Harmans we appreciate that many of our clients will be struggling with the consequences of damage to their homes or their businesses. For those who are employers, particularly small to medium enterprise operators, practical issues may already be arising as to dealing with employees where, due to the effects of the earthquake, work is either not available or work premises are inaccessible. We are happy to assist our clients with advice on general matters of this nature. Issues could well include:

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Insurance

The Canterbury earthquake (also known as the Christchurch earthquake) is likely to raise a number of insurance issues over the coming months.

The initial earthquake and the subsequent aftershocks have caused widespread property damage and business interruption throughout the Canterbury region.

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Settlements

If you think the house you are buying or selling has been damaged as a result of the September 4th Earthquake then you will need to immediately deal with the other party to the contract. Your legal advisors, should be involved in that. Other parties including builders, engineers and insurers may also need to be involved.

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The Effect Of The Earthquake On Commercial Leases

Effects of Earthquake

The earthquakes in Canterbury, particularly the earthquake on 22 February 2011, raise a number of issues in relation to commercial leases in Christchurch. 

 
The effects of the earthquakes on commercial leases generally fall into three broad categories:
 
  • The premises have been damaged and cannot be used and occupied by the tenant.
 
  • The premises are undamaged but cannot be accessed by the tenant due to central or local government regulation.
 
  • The premises are undamaged and access is available, but the premises have no services available such as power, telephone, water and sewerage disposal. 


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