A market shaped by natural hazards
Few developed countries face such a concentration of natural perils. The Canterbury earthquakes of 2010 and 2011, the Kaikōura earthquake of 2016 and the 2023 North Island floods and cyclone generated very large numbers of claims and lasting debates about how claims are assessed and settled.
These events encouraged the growth of independent claims advocacy, highlighted the importance of engineering evidence and led many insurers to move house policies towards a sum insured basis rather than open-ended replacement cover.
The Natural Hazards Commission
The Natural Hazards Commission Toka Tū Ake, known as EQC until 2024, provides natural hazard cover for residential buildings and land where the home is privately insured against fire. It covers specified hazards such as earthquake, landslip, volcanic eruption, hydrothermal activity and tsunami, along with certain storm and flood damage to residential land, up to set limits. For most homeowners, claims are lodged through their private insurer.
Who assesses a claim
Several professionals may be involved, and it helps to know whose interests each represents.
- Loss adjuster: appointed and paid by the insurer to investigate and recommend a settlement
- Insurer-appointed specialists: builders, engineers, quantity surveyors, forensic accountants, fire investigators
- Claims advocate or public loss assessor: engaged and paid by the policyholder to present and negotiate the claim
- Insurance broker: arranges cover and may assist with claims, depending on the service agreed
- Independent experts: engineers or surveyors commissioned by the policyholder to challenge a technical assessment
- Expert witness: a qualified specialist giving evidence to a court or tribunal, with an overriding duty to assist the court rather than either party
Expert evidence in proceedings
When an insurance dispute reaches court, each side often calls expert witnesses on engineering, construction cost or financial loss. In New Zealand courts, experts are expected to be impartial and to follow the applicable code of conduct for expert witnesses. A claims advocate who negotiated the claim is not usually the right person to act as an independent expert witness in the same matter.
Regulation and industry standards
The Reserve Bank of New Zealand supervises insurers' financial soundness, while the Financial Markets Authority oversees conduct in financial services, including how insurers treat customers. Many insurers are members of the Insurance Council of New Zealand and commit to its Fair Insurance Code.
Claims advocates are not, as far as we are aware, subject to a dedicated licensing regime of their own, so policyholders should check experience, professional memberships, references and professional indemnity insurance before engaging one.
When to bring in an independent expert
Independent help is most useful when the amount at stake is significant, the damage is technical or hidden, the insurer is questioning cover or the claim is dragging on. Typical examples include earthquake foundation damage, fire with widespread smoke contamination, flood damage where drying is disputed and business interruption with complex financials.
For smaller, straightforward claims, a second opinion on the insurer's scope or offer, at a fixed price, can be enough. Whatever the arrangement, the terms of engagement and fee basis should be agreed in writing.
When choosing between options, consider the size of the claim, the time you can devote to it and the evidence you already hold. An expert who explains the weaknesses of your position as clearly as its strengths is usually a better choice than one who promises an outcome.
Routes for resolving disputes
Policyholders should first use the insurer's internal complaints process. If that fails, insurers must belong to an approved dispute resolution scheme; the two most relevant to insurance are the Insurance and Financial Services Ombudsman Scheme and Financial Services Complaints Limited. These schemes are free for consumers and subject to limits. Natural hazard decisions also have their own review route through the Commission. Higher-value disputes may go to mediation, arbitration where the policy provides for it, or the courts.
Practical notes for international readers
Claims are settled in New Zealand dollars and professional fees typically attract GST at 15 percent. Building work must meet the Building Code and often requires council consent, which affects repair costs and timing. Overseas owners of New Zealand property should ensure a local contact can provide access, collect documents and respond quickly to the insurer.
Policy wording in New Zealand varies considerably between insurers, and extensions for temporary accommodation, demolition, professional fees or loss of rent can be generous in one policy and absent in another. International owners and investors should read the full wording rather than relying on a summary, and keep a copy of the schedule that was in force at the date of loss.
- Building damage claims in New Zealand: working with an independent advocate
- Earthquake damage claims in New Zealand and the role of an independent advocate
- Fees for independent business interruption claim support in New Zealand
- Fire damage claims in New Zealand: how an independent advocate supports you
- Flood damage claims in New Zealand and the value of independent support
- How much an independent advocate charges for a fire claim in New Zealand
- Independent advocate fees for flood damage claims in New Zealand
- Independent help with a business interruption claim in New Zealand
- The cost of independent help with an earthquake claim in New Zealand
- What an independent claims advocate costs for a building damage claim in New Zealand
Organisations offering this service
- New Zealand Claims Resolution Service (NZCRS): Free New Zealand government service helping homeowners resolve insurance claim disputes after natural disasters through advice, facilitation and dispute resolution.
- Australasian Institute of Chartered Loss Adjusters (AICLA): Professional institute bringing together loss adjusters in Australia and New Zealand, overseeing their qualifications and continuing professional training.
- The Expert Witness Institute (EWI): UK body representing expert witnesses, offering training, membership and professional resources to experts who give evidence in court.
- The Academy of Experts: British professional body for expert witnesses, which has notably issued guidance for experts giving evidence remotely in court proceedings.
External links provided for information only; check the terms directly with each organisation.
Frequently asked questions
What is the difference between a loss adjuster and a loss assessor in New Zealand?
A loss adjuster acts for the insurer. A loss assessor or claims advocate is engaged by the policyholder to present and negotiate the claim on their behalf.
Is natural hazard cover automatic?
For residential property, it generally applies where the home is privately insured against fire, subject to the scheme's rules and limits.
Can I complain to an ombudsman about my insurer?
Yes. After the insurer's internal process, you can usually go to the dispute resolution scheme the insurer belongs to, such as the Insurance and Financial Services Ombudsman Scheme or Financial Services Complaints Limited.
Do I need an expert witness for my claim?
Only if the dispute goes to court or a formal tribunal. Most claims are resolved through negotiation, supported by independent reports rather than formal expert evidence.
Understanding the roles of the insurer's adjuster, your own advocate and independent experts makes a New Zealand claim far easier to navigate. expertdassure.com covers each peril in more detail in its dedicated guides.
