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The Code of Insured Persons' Rights

The Code of Insured Persons’ Rights is secondary legislation and is published under the Legislation (Publication) Regulations 2021 and section 90 of the Natural Hazards Insurance Act 2023.

Part 1: Introduction

This Code of Insured Persons’ Rights (this Code) has been established under sections 88 and 89 of the Natural Hazards Insurance Act 2023 (the Act).

The purpose of this Code, as reflected in section 88 of the Act, is to set out rights of insured persons, and corresponding obligations of the Natural Hazards Commission (the Commission), to have their claims managed and settled in a fair and timely manner.

This Code:

  1. confers rights on insured persons, and imposes obligations on the Commission, in relation to how the Commission should deal with insured persons, particularly in relation to the
    timeliness of managing claims and the fair treatment of insured persons; and
  2. provides remedies for a breach of the Code; and
  3. explains an insured person’s rights -
    1. to have complaints to which the complaint procedure applies dealt with in accordance with that procedure
    2. to have decisions made by the Commission under the complaint procedure in relation to breaches of the Code dealt with in accordance with the review procedure and
    3. to refer disputes about referable decisions to the dispute scheme.

1.2 Commencement

This Code comes into force on 1 July 2024.

1.3 Definitions

Act means the Natural Hazards Insurance Act 2023

Affected person means an affected person as defined in section 104(6) of the Act.

Code means the Code of Insured Persons’ Rights

Commission means Toka Tū Ake – Natural Hazards Commission as defined in section 125 of the Act and for the purposes this Code, unless the context requires otherwise, includes persons acting as agents of the Commission.

External party means a reviewer engaged in accordance with section 98 of the Act.

Insured persons means the person who is, or all of the persons who are, entitled to the benefit of the fire insurance contract as defined in section 22 of the Act.

Referable decision means a decision as defined in section 104(6) of the Act

We and us means the Commission.

You means insured persons.

1.4 Application of this Code

This Code applies to anything that is done by the Commission or occurs after 1 July 2024 in relation to claims made under either the Act and/or under the Earthquake Commission Act 1993.

The rights conferred on an insured person by this Code are in addition to an insured persons’ rights, obligations, responsibilities, and entitlements as set out in the Act. One example of an obligation under the Act an insured person has is to provide information that is up to date.

The rights conferred on an insured person by this Code are also in addition to any rights, obligations and responsibilities under any other enactment or the general law, including but not limited to the Privacy Act 2020, the Ombudsman Act 1975, the Human Rights Act 1993 and Public Service Act 2020.

1.5 Code complaints and dispute resolution

A complaint about a breach of this Code will be addressed in accordance with this Code and the requirements of the Act or any other relevant legislation.

Any dispute about a referable decision may be referred to the dispute resolution scheme as explained in Part 7 of this Code.

Part 2: Rights of insured persons and obligations of the Commission

The ten rights of insured persons, and the Commission’s corresponding obligations, are as follows:

1. You have the right to be treated with dignity and respect.

  1. We will treat you with honesty and courtesy.
  2. We will act transparently and with integrity.

2. You have the right to effective communication.

  1. We will communicate with you openly, honestly, and effectively.
  2. We will respond to your questions in a timely manner.
  3. We will use appropriate forms of communication to meet your needs when requested and to the extent it is reasonably practicable.

3. You have the right to be fully informed.

  1. We will provide information about our processes, your claim and cover, your entitlements, in accordance with all relevant legislation.
  2. We will provide information on how to make a natural hazard damage claim.
  3. We will provide information about your options if you do not agree with our decisions, in accordance with all relevant legislation.
  4. We will listen to you and explain the decisions we make and tell you why we have made them.
  5. We will provide information on your rights under this Code.

4. You have the right to know expected timeframes.

  1. We will communicate the expected timeframes for managing and settling claims with you.
  2. We will adhere to any communicated timeframes as far as reasonably practicable.
  3. We will communicate with you if we are not able to meet these timeframes.

5. You have the right to have your personal information protected and respected.

  1. We will comply with all relevant legislation relating to personal information and privacy.
    This includes, but is not limited to:
    1. We will tell you when and why your personal information is being collected.
    2. We will use your personal information only for the purposes we have told you or
      otherwise in accordance with relevant law.
    3. We will give you access to the personal information we hold about you if you ask for it. This includes information we’ve relied on to manage and settle your claim.
    4. We will take reasonable steps to keep your personal information safe and secure.

6. You have the right to support.

  1. We will respond to requests to make reasonable accommodations to fit your needs.
  2. We will provide you with an interpreter when necessary and reasonably practicable.
  3. We will welcome you and your support person(s) to engage with us provided that the
    safety of all can be assured.

7. You have the right to have your culture, values and beliefs respected.

  1. We will be respectful of your culture, values, and beliefs.

8. You have the right to complain to us including where you think we have breached this Code.

  1. We will inform you about the complaint procedure, and the expected timeframes in
    which your complaint will be considered.
  2. We will inform you about the outcome of your complaint.
  3. We will act in accordance with the complaint procedure.

9. You have the right to have a decision made about a breach of this Code independently
reviewed by an external party.

  1. We will inform you about the independent review procedure, and the expected
    timeframes for the review.
  2. We will act in accordance with the independent review procedure.

10. You have the right to refer a dispute about a referable decision to the external dispute
resolution scheme.

  1. We will inform you about the dispute resolution scheme process.

Part 3: Complaint procedure

The complaint procedure is for all complaints, including complaints made about breaches of this Code. The procedure is published on the Commission’s website and is otherwise available upon request. The Commission will manage complaints in accordance with the procedure.

If, while investigating a complaint made against the Commission, issues of performance or conduct of an employee or employees of the Commission or its agent arise, these will be dealt with under the normal human resources policy and processes of the Commission or its agent, having due regard to employment law.

The Commission may, at its discretion, refer a complaint to another process or body if it considers that it is more appropriately considered under that process or by another body.

Part 4: Remedies available under this Code

Upon a finding that there has been a breach of this Code, where appropriate, the Commission will do one or more of the following -

  1. provide a written or oral apology
  2. provide a written or oral explanation of the situation
  3. meet with the insured person (and their support person(s) provided the safety of all can be assured), to discuss the finding of the breach and seek to resolve their complaint
  4. provide information to the insured person, in an appropriate form, which explains –
    1. any appropriate process, services and the expected timeframes
    2. any appropriate information about the insured person’s claim
    3. the process to apply for an independent review of the decision made by the Commission under the complaint procedure in relation to an alleged breach of the Code
    4. the process to refer a dispute about a referable decision to the dispute resolution scheme
    5. any other information that the Commission considers relevant to resolve the complaint
  5. provide the insured person with access to information that is relevant to their claim, in
    accordance with applicable legislation
  6. ensure a response is given to questions and requests. In addition, the Commission may, at its discretion, provide other remedial actions as required.

Part 5: Identifying and addressing issues

Where appropriate the Commission may address issues by -

  1. analysing and monitoring the issues raised by insured persons
  2. identifying, reviewing and remedying concerns associated with operational policies and processes as appropriate; and
  3. informing the insured person how the situation has been addressed.

Part 6: Insured person’s right of review

A person who is dissatisfied by, or disagrees with, a decision made by the Commission under the complaint procedure in relation to a breach of this Code may apply for an independent review of that decision. The Commission will provide information about the review procedure to the insured person when it communicates a decision made under the complaint procedure. The review procedure is set out in sections 92 to 100 of the Act and any associated regulations.

Part 7: Dispute resolution

The Commission must be a member of a dispute resolution scheme for resolving disputes about the Commission’s decisions on the validity or settlement of claims.

If the Commission has made a referable decision under the Act about a claim, an affected person who disputes the decision may refer the dispute to the dispute scheme. The Commission is a party to dispute resolution proceedings and must participate in the resolution of the dispute.

The terms ‘referable decision’ and ‘affected person’ are defined in section 104(6) of the Act. Referable decisions are not decisions relating to breaches of this Code.

Made under section 89(1) of the Natural Hazards Insurance Act 2023. The Code of Insured Persons’ Rights is administered by the Treasury.