Dispute resolution is a formal process, where a decision that has been made about your claim is challenged and reviewed by an independent dispute resolution service.
There are different options for how disputes are managed, depending on whether you have an NHCover claim or an EQCover claim, and the type of decision you are challenging.
At any point you can also take your dispute to court.
On this page
Dispute options for:
NHCover claim dispute options
Before starting a dispute resolution process, we encourage you to make a complaint with the organisation who managed your claim to try and resolve the issue.
If you have made a complaint and you are not satisfied with the outcome, using a dispute resolution service is usually the next step.
Dispute resolution process
Most decisions made about your claim can be disputed through the NHCover Dispute Resolution Service.(external link) This service is operated by Fair Way, and was approved by the Associate Minister of Finance in May 2024.
The decisions made about your claim that can be disputed through to this service are called referable decisions. Some examples of referable decisions are:
- whether your claim is valid, for example whether or not the damage has been caused by a natural hazard event
- the amount of the claim settlement, for example the cost to repair the damage or the scope of rebuilding
- declined claims, for example if the claim is found to be fraudulent or the damage was due to substandard construction.
Some decisions made about your claim can’t be disputed through the NHCover Dispute Resolution Service. These include:
- the method of settlement, for example the decision to cash settle your claim
- the cover that is provided under the Natural Hazards Insurance Act. (external link)
If you want to dispute one of these decisions, you should:
- first make a complaint with the organisation who managed your claim
- then consider approaching the Office of the Ombudsman(external link), who may open an investigation.
If you’re unsure whether the decisions about your claim are referrable or not, you can talk to your insurer, or contact Fair Way.(external link)
Mediation and adjudication services
Fair Way provides dispute resolution services to homeowners in two ways - through mediation and adjudication. Both options are free and impartial.
The first step is often mediation. Fair Way will appoint a mediator, who will support both parties to reach an agreement. Before the mediation, the mediator will meet you to better understand your views and your needs. At the mediation, all parties meet with the mediator to explore options for resolving the dispute. If both parties agree on a way to resolve the dispute they will sign a binding agreement.
If mediation is not suitable, or you can’t reach an agreement through mediation, you may wish for the dispute to be adjudicated.
In adjudication, each party is asked to prepare a submission that outlines the issues, background, their views on the dispute, and includes supporting documents. This information is shared with everyone. An adjudicator will look at all the information that has been provided by both parties and make a decision.
The decision that is made by the adjudicator is final, and binding. However, if either party does not agree with the decision made by the adjudicator they can appeal it in court.
The cost of dispute resolution
Mediation and adjudication services are free, but if you decide to get expert reports or advice (such as an engineer’s report or advice from a builder) to support your case, you’ll usually need to pay for those yourself.
Contact Fair Way
Call: 0800 266 588
EQCover claim dispute options
First, make a complaint
The first step in raising an issue about an EQCover claim is to make a complaint with the organisation managing your claim.
If your claim has been managed by your insurer, you should make a complaint with your insurer. They will manage your complaint according to their complaints process.
Your insurer will aim to resolve your complaint within 2 months. If you don’t agree with the outcome of your complaint, you should let your insurer know and they will issue you with a deadlock letter. If you have not received an outcome of your complaint within 2 months, you can escalate the issue to of the dispute resolution options outlined below.
You should make a complaint with NHC Toka Tū Ake if we managed your claim directly. We’ll be in touch within 5 working days and aim to resolve your complaint within 2 months. We will contact you to discuss the outcome of our investigation and confirm it in writing.
Next steps: Dispute resolution
You may be able to escalate an issue about your claim by using a dispute resolution service. You can access this service after:
- you have been issued a deadlock letter because you made a complaint, and don’t agree with the outcome
- more than 2 months has passed since you made a complaint, and you haven’t received an outcome.
Dispute services for claims managed by insurers
If your claim was managed by your insurer, it will state on the deadlock letter from your insurer which dispute resolution provider they belong to. This will be either:
- the Insurance and Financial Service Ombudsman(external link)
- or Financial Services Complaints Ltd. (external link)
You can also contact the Ombudsman(external link), who may open an investigation.
Dispute services for claims managed by NHC Toka Tū Ake
If your claim was managed by NHC Toka Tū Ake you should consider contacting the office of the Ombudsman(external link), who may open an investigation.
Canterbury claim dispute options
There are dispute resolution options specifically for claims related to the Canterbury earthquake sequence. Please contact:
- New Zealand Claims Resolution Service(external link)
- Canterbury Earthquakes Insurance Tribunal (external link)(available for original homeowners only).