Understand your rights
The standard of service you can expect when you make a natural hazards insurance claim is set out in the Code of Insured Persons’ Rights. If you think NHC Toka Tū Ake, or anyone working on our behalf, has not followed this Code, you have the right to make a complaint.
You’re protected by a Code of Insured Person’s Rights
The Code of Insured Persons’ Rights supports you to be treated fairly and receive a timely outcome when you make a claim. Your rights and our obligations under the Code are set out in full in the Code. The Code applies to any interactions from 1 July 2024 about new or existing natural hazards cover claims. NHC Toka Tū Ake, or anyone working on our behalf, must follow the Code.
If you believe we have not followed the Code during the claims process, you can make a complaint. We will investigate the complaint and advise you of the outcome. If there is a breach, we may take one of the actions listed in the Code.
Your rights
You have the right to:
- be treated with dignity and respect.
- effective communication.
- be fully informed.
- know expected timeframes.
- have your personal information protected and respected.
- support
- have your culture, values and beliefs respected.
- complain to us including where you think we have breached this Code.
- have a decision made about a breach of this Code independently reviewed by an external party.
- refer a dispute about a referable decision to the external dispute resolution scheme.
Why the Code was created
The Code of Insured Persons’ Rights is secondary legislation under the Natural Hazards Insurance Act 2023 (NHI Act), which came into effect on 1 July 2024.
The NHI Act addresses the lessons learnt from previous natural hazard events, as well as the recommendations of the Public Inquiry into the Earthquake Commission. These included improving the experience of insured people when they make a claim for natural hazard damage. One step towards this is clearly defining their rights in the Code.
Public feedback helped us develop the Code. Read more about the public consultation
Complaining about a Code breach
If you think that NHC Toka Tū Ake, or anyone acting on our behalf hasn’t followed the Code, you have the right to make a complaint.
The process you can expect when making a complaint about a breach of the Code is described in this section.
Contact the insurer you have been dealing with during the EQCover or NHCover claims process to make a complaint about a breach of the Code of Insured Persons’ Rights or any other matter related to your claim.
If NHC Toka Tū Ake has managed your claim directly, you can make a complaint by using the complaints form, or by calling 0800 DAMAGE.
Once you have made your complaint to the organisation managing your claim, they will assign someone to investigate it. They will be in touch within 5 working days of receiving your complaint and let you know what the next steps are. You might be asked for more information or to provide supporting documents. Once your complaint has been investigated, you will receive a letter explaining the outcome of the investigation.
If NHC Toka Tū Ake, or anyone working on our behalf, has breached the Code, there are a number of actions we may take, depending on the nature of your complaint.
You might receive:
- an apology
- an explanation of the situation
- an invitation to meet to discuss the breach and how it can be resolved
- more information about the breach, the claim or next steps
- a response to questions and requests
- or there could be another outcome, depending on the complaint.
If you disagree with the outcome of your complaint
If you've made a complaint about a Code breach with us or your insurer directly, and you're not satisfied with the outcome, you have the right to have this independently reviewed by Fair Way.
To apply for an independent review, please forward your complaint outcome letter to resolutions@naturalhazards.govt.nz.
You must apply within 3 months of receiving your complaint outcome letter. If it has been longer than 3 months since receiving your letter, contact us by emailing resolutions@naturalhazards.govt.nz and providing a contact phone number. We will get in touch with you to discuss your options.
Once we've received your request for independent review, we will pass this on to Fair Way.
Fair Way will assign a qualified reviewer to complete the independent review of your complaint. They will be in touch with you to explain how the process works and may ask you for more information. You might also be invited to a case conference.
The reviewer will assess the information available and then make a decision about your complaint. They may recommend a different outcome to the original decision made about your complaint.
The independent reviewer will produce a written report outlining their decision, the reasons for it, and their recommendations. This report will be sent to you, your insurer, and to us, so that we can act on the recommendations.
Find out more about the independent review process on the Fair Way website.