EQC inquiry unlikely to identify failures without investigative approach, group warns

Sunday, 14 July 2019

A highly critical report of EQC suggests it is hamstrung by disorder and dysfunction and calls for ministerial intervention to resolve outstanding claims. (Video first published in June 2018)

An 'inquisitorial' Earthquake Commission (EQC) inquiry risks failing to protect Kiwis against 'ongoing, limitless damage' by the agency in future natural disasters.

Advocacy group Wider Earthquake Community Action Group (WeCan) does not believe the inquiry led by former Governor-General Dame Silvia Cartwright will find solutions to the causes of EQC's post-quake shortcomings.

Cartwright is hearing submissions from individuals and groups who can request confidentiality, with a focus on the victims. She has described the process as non-adversarial.

The inquiry hopes to have a final report ready by the end of the year, but thought it could require a few months longer.

Prominent lawyer Brian Henry, who represented WeCan in a meeting with Cartwright in Christchurch last week, said the group had concerns about the informal process she had decided on.

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He was concerned that Cartwright was not keeping transcripts from interviews, only notes, and had not subpoenaed records from EQC.

Prominent lawyer Brian Henry has raised concerns with the EQC inquiry on behalf of earthquake insurance advocacy group WeCan.

'She trusts … I don't,' he said.

WeCan spokeswoman Sarah O'Brien said the causes of EQC's failures could not be identified through just hearing victims' stories, as that could only identify the long-term effect it had on them.

'Therefore an open, investigative inquiry is required to properly identify the conduits which caused such ongoing damage, to ensure that New Zealanders are protected in the future against ongoing, limitless damage after natural disasters.'

In a submission to the inquiry, WeCan claimed EQC had breached the human rights of many claimants, based on responses to an online survey the group ran in 2014.

It said the reasons for 'an apparent failure by EQC to act with human decency' could not be found without examination and cross examination of witnesses, and wanted the ability to examine witnesses to be part of the inquiry.

'WeCan is not seeking to attribute fault. Rather, it contends that any recommendations by the inquiry on operational shortcomings will not prevent a recurrence of the widespread harm reported, unless causal factors are identified.'

WeCan was told the inquiry did not plan to hold public hearings, require people to give evidence or permit cross examination.

Cartwright said she had decided the best approach was an inquisitorial one, where she talked through issues and concerns with people and organisations, as opposed to formal hearings, where 'it is often more about the process than letting affected people be heard'.

'People should have confidence that although EQC's leaders are not being questioned in formal public hearings, I am asking the hard questions of them on a regular basis.

'I have also sought and received a range of documents and material from EQC that are being carefully analysed. If I don't feel I am getting all that I need from EQC in our ongoing discussions, I have the powers under the Inquiries Act to require it.'

Cartwright said she had not yet needed to use those powers.

She is aiming to finish the report by the end of the year, but thought it would realistically take a couple of months longer. She said the volume and complexity of material she had received was greater than expected.

Henry has represented deputy Prime Minister Winston Peters several times, including during the winebox inquiry in the 1990s. His work for WeCan has been pro bono so far.