"WeCAN vs. Southern Response", 11 Nov 2013

Current status Rejected - Issue Damaged homes after 2011 earthquakes in New-Zealand - Summary of the case In September 2010, four major earthquakes and an estimated 13,000 aftershocks devastated the Canterbury region, which includes New Zealands second largest city, Christchurch. The earthquakes resulted in 185 deaths and injured 11,432 people. Multiple complainants have alleged that the Earthquake Commission, Southern Response, AIG New Zealand, Tower Insurance, and Vero Insurances failure to resolve insurance claims more than three years after the earthquakes has violated their rights to health and adequate housing in accordance with the International Covenant on Economic, Social, and Cultural Rights. Multiple complainants have also alleged that Fletcher Construction has not started repairs, not completed repairs, or has inadequately repaired earthquake-damaged homes and has thus violated their rights to health and adequate housing as well.- Developments/Outcome The NCP rejected the complaint against the Earthquake Commission by arguing it is not a multinational enterprise or for-profit entity (using an interpretation/reasoning different than the Korean NCP in the Dae Kwang case above). The NCP also rejected the Southern Response case by arguing it only competes in NZs domestic market (yet another interpretation of MNE). WeCAN challenged the NCPs decision in a 24 March submission. The NCP has requested more information about the other cases, which it has acknowledged are subject to the Guidelines. WeCAN is currently compiling the requested evidence.