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NHCover Dispute Resolution service

If you don’t agree with the outcome of your NHCover claim, you may be able to access the NHCover Dispute Resolution service. This free, independent service is provided by Fair Way, and is designed to support homeowners to resolve disputes about NHCover claims.

The NHCover Dispute Resolution service is only available for NHCover claims, where the damage first occurred on or after 1 July 2024. The correspondence you get from the person managing your claim will let you know that most decisions about NHCover claims are eligible for this service.

To dispute a decision made about your EQCover claim, where the damage first occurred before 1 July 2024, please see our Make a complaint page for your options.

If you don’t agree with the outcome of your NHCover claim, we encourage you to make a complaint to your insurer or NHC Toka Tū Ake first, to see if the issue can be resolved. You also have the option to contact Fair Way and use the NHCover Dispute Resolution service.

The NHCover Dispute Resolution service is designed to be accessible, independent, fair, accountable, efficient, and effective. It was approved by the Associate Minister of Finance in May 2024.

What you can dispute

You can take most decisions about natural hazards claims to the NHCover Dispute Resolution service, such as:

  • Whether the claim is valid, for example if we decide your claim is invalid because the damage was not caused by a natural hazard event such as an earthquake or landslide, but you think it was. 
  • the extent of the claim settlement, for example if you think the cost to repair the damage is more than the settlement amount and you don’t agree with this.
  • a decision to decline your claim, for example if your property has a section 72 notice on the title that specifies falling debris risk, and your claim for damage from a landslide is fully or partially declined, but you don’t agree with this.

These are examples of referable decisions.

If you don’t agree with a referable decision and wish to dispute it, you have the option to contact Fair Way’s NHCover Dispute Resolution service(external link).

A decision about how the claim will be settled is not a decision that can be referred to Fair Way’s NHCover Dispute Resolution service. For example, we may decide to settle the claim with a payment to you (cash settlement) so that you can manage the repair yourself, rather than managing the repair for you.

How NHCover Dispute Resolution works

The NHCover Dispute Resolution service is designed to help resolve your claim dispute through mediation or adjudication.

To access the service, you will need to contact Fair Way and provide:

  • your contact details
  • the claim number
  • the correspondence telling you about the referable decision, and
  • a summary of what you don’t agree with and wish to dispute.

Fair Way will contact you directly to let you know they have received your application and may ask for more detailed information. They will coordinate the dispute resolution process and guide you through it.

Read more about how the service works on the Fair Way website(external link).
Read the NHCover Dispute Resolution service rules on the Fair Way website.(external link)

Mediation

The first step is usually mediation. A mediator will be appointed by Fair Way, who will support the parties to work together to reach an agreement. They will meet with the parties separately before the mediation to help understand your views on the dispute and your needs.

The mediation itself is where all parties meet with the mediator to explore options for resolving the dispute. If the parties reach agreement through mediation and sign an agreement, this becomes a binding agreement.

Adjudication

If agreement can’t be reached through mediation, or mediation is not suitable, (e.g. the disputing parties do not agree to mediation) the next step is adjudication.

In adjudication, each party is asked to prepare a submission outlining the issues, background, and their views on the dispute, and include any relevant supporting documents. This information is shared with everyone involved in the process, including the adjudicator. An adjudicator is a trained expert who is independent from the parties and will make a decision based on all of the information provided.

The adjudicator’s decision is binding but can be appealed in court.

Costs

There is no charge for mediation or adjudication services but you may incur some costs you’ll have to cover, such as the costs of a builder or estimator’s advice or report to support your case.

Contact Fair Way

Additional dispute resolution options

In addition to the NHCover Dispute Resolution service, homeowners may have other options for resolution, and always have the right to take their dispute about a NHCover claim to court.