3. PHIL HEATLEY (National—Whangarei) Link to this
to the Member in charge of the Residential Tenancies (Damage Insurance) Amendment Bill
.What advice, if any, did she receive from the Insurance Council of New Zealand and the Real Estate Institute of New Zealand before introducing the Residential Tenancies (Damage Insurance) Amendment Bill?
MARYAN STREET (Member in charge of the Residential Tenancies (Damage Insurance) Amendment Bill) Link to this
None before the introduction, but I have received advice from the Insurance Council of New Zealand subsequently. The bill was not drafted on the advice of the insurance or real estate industries; it was drafted in response to concerns raised by the judiciary in the course of giving reasons for a judgment.
Would it not have been smart, professional, and diligent to have talked to those two major players—the real estate and insurance sectors—because they tell us that under her bill landlords would struggle to get insurance for their tenants and tenants with a poor insurance history would be unable to get accommodation; as sponsor, why did she not seek their advice?
I have consulted the insurance industry, but I also place significant weight on the findings of Judge MacAskill, who, when hearing the case of the students in Dunedin who were ruined by an insurance company for damage they did not cause, stated: “The outcome of this proceeding, though in accordance with the law, is unjust. In general, the pursuit of substantial claims against tenants with respect to damage caused carelessly is oppressive in effect, and I respectfully urge that the law be reformed.” That is cause enough for this bill, in my view.
I seek leave to table a released submission before the select committee from the Insurance Council of New Zealand, which states tenants will struggle to get insurance.
I seek leave to table a released submission from the Real Estate Institute of New Zealand, which states that tenants will struggle to get accommodation.