Public/General Liability insurance
The Consent Holder shall ensure that, at least three months prior to the construction of the ponds it has in place and taking effect from when construction commences and on an ongoing basis, general/public liability insurance that provides a sufficient sum insured (as determined through conditions 83 to 89 below), to indemnify the Consent Holder in respect of all sums which the Consent Holder becomes legally liable to pay by way of compensation to third parties consequent upon:
(a) Loss of or destruction or physical damage to any tangible property including resulting
loss of use; and
(b) Loss of use of any tangible property not otherwise physically lost or damaged or destroyed.
To assist determining the form and extent of required public/general liability insurance cover, the Consent Holder shall engage a suitably qualified and experienced insurance expert with at least 10 years' experience in determining insurance cover, including the provision of public/general liability insurance policies, approved by the Manager Monitoring and
Compliance CRC (Insurance Expert).
The Insurance Expert shall determine the appropriate sum insured for the purposes of meeting potential legal liability to third parties as required by condition 82, using recognised
and standard insurance assessment methodologies. In determining that sum, the Insurance Person shall assess and advise on:
(a) The maximum potential sum which the Consent Holder may become legally liable to pay by way of compensation to third parties, including that relating to (b)
(i) Infrastructure, including but not limited to houses, buildings, tracks/access routes a nd fences;
(ii) Possessions that may be damaged, including but not limited to chattels and motor vehicles;
(iii) The repair and/or replacement of household, farm, and business contents, supplies and stock (including animals);

(iv) The repair and/or replacement of landscaping, including and allowing for costs of cleanup, restoration of land, structures and natural environment;
(vii) Provision for the payment of any costs incurred by third parties associated with the event or evacuation and recovery, including but not limited to temporary accommodation;
(viii) Any damage to, and repair of, the assets and infrastructure of the Waimakariri District Council;
33 Loss of use (including business interruption); and Personal injury. The timeframes within which a review of the limits of indemnity and coverage (and terms of the policy) should occur, with at a minimum review taking place:
85
(i) at the end of the construction period; and
(ii) at three yearly intervals thereafter.
Following the completion of the assessment required by condition 84(a) and any review as undertaken in accordance with condition 84(b), the Consent Holder shall provide a certificate to the Manager RMA, Monitoring and Compliance, Canterbury Regional Council (as well as the WDC Planning Manager) from the Insurance Expert certifying that the recommended sum insured has been determined in accordance with condition 84. The Insurance Expert shall include an overview of how the extent of required cover has been determined.
Without limiting condition 85, the Consent Holder shall further ensure that:
(a)the Councils have, at all times after construction commences, written confirmationthat the insurance required by these conditions is in place and covers all matters set out within condition 84 in the form of an insurer's annual certificate of
currency;
(b) that a copy of the certificate and an overview of the extent of cover and how it has
been derived is publicly available on a website maintained by the Consent Holder;
(c) it provides all relevant information regarding the insurance to the Councils. This obligation includes an express term that the Consent Holder immediately notify the Councils of any non-performance of the terms of insurance;

(d) and in the event of non-performance of any term of the insurance:
(i)it immediately notifies the Councils of the non-performance and the steps taken and to be taken to rectify the non-performance; and in the case of any non-performance that may adversely impact on the extent of cover in relation to dam breach or dam safety, it immediately dewaters the dam.
(ii) The insurance provided under these conditions must:
(a) be on the basis that that the storage ponds are a 'non-natural' use of land; and
(b) be sufficient to cover all sums which the Consent Holder may become legally liable to pay by way of compensation to third parties as required by condition 82 and shall not be confined to any particular geographic area, including offsite impacts to third
party property and persons as described in condition 84including but not limited to any assets and infrastructure of the WDC, associated with any failure of any part of the proposed ponds, together with reasonable provision for reconstruction and
reinstatement of the WDC assets and infrastructure. Holder shall ensure that the sum insured and the timeframes for its review less than that recommended in the assessment undertaken in accordance with condition 84. A copy of the assessment undertaken will be provided to the woe District Plan Manager for review and comment prior to obtaining the insurance cover.
The limits of indemnity and coverage and terms of the policy are to be reviewed by the
Consent Holder, as a minimum, at the intervals recommended by the Insurance Expert in
accordance with the process contemplated by condition 84.
Review
The Canterbury Regional Council may, once per year, on any of the last five working days of May or November, serve notice of its intention to review the conditions of this consent forthe purposes of dealing with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage.