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Under the Code of Insured Persons’ Rights, you have a right to a review.
If you have made a complaint about an alleged breach of the Code and you are not satisfied with the decision NHC Toka Tū Ake or your insurer have made on your complaint, you can ask for an independent review.
The Code of Insured Persons’ Rights (the Code) outlines your rights when you have a natural hazard claim and the obligations of NHC Toka Tū Ake (or an insurer working on their behalf) in managing your claim.
If you are not satisfied with the service and conduct of your insurer or NHC Toka Tū Ake while managing your natural hazards claim, you can complain to NHC Toka Tū Ake or to your insurer directly.
They will follow their internal complaint management process to investigate if there has been a breach of the Code. They will write to you confirming the outcome of this process.
You can apply for an independent review if you don’t agree with the decision made about your Code complaint. That review will be undertaken by an external reviewer from Fair Way.
Other types of issues
There is another pathway for disputes about the decision on your claim. If you have a dispute about your NHCover claim which is referable decision, you can access our NHCover Dispute Resolution service.
If you are unhappy with the outcome of the internal complaint process, you can apply to your insurer or NHC Toka Tū Ake and ask for an independent review by Fair Way.
You will find details about applying for a review in the letter you receive about the investigation of your complaint. Applications must be submitted within three months from the date the complaint decision was notified to you.
After you apply, they will send us your details and we’ll then get in touch with you to explain the process.
The reviewer takes a fresh look using the information that the homeowner, insurer and NHC Toka Tū Ake share with us. They consider the complaint, evidence, and any submissions against the legislation and Code to make a decision on whether there has been a breach of the Code.
If you are dissatisfied by or disagree with the decision made on your complaint, ask for a review. Our role is to decide whether there has been a breach of the Code.
You can apply to NHC Toka Tū Ake or your insurer and ask for an independent review by Fair Way.
They will send us your application, contact details and complaint details.
Fair Way’s Resolution Coordinator contacts you to talk about the review process, answer any questions and make arrangements for the independent review to take place. Let us know if you have any disability, cultural or language needs so we can accommodate them.
A case conference is a short meeting with the Fair Way reviewer who will decide your application. Understanding the process and being prepared is important, so this case conference helps define the issues, agree next steps and confirm timeframes.
To get ready for the review, the reviewer may ask you to share information to support your complaint and to make a submission about why you think there has been a breach of the Code.
The reviewer considers the statements, information and evidence provided by both parties.
They make a fresh decision on the complaint.
The reviewer usually makes their decision ‘on the papers’, so based on the information provided.
The reviewer will issue a written decision. The decision outlines whether they agree or disagree that there has been a breach of the Code. They will also explain their reasons why in this decision. The reviewer’s decision will be shared with you, and also with NHC Toka Tū Ake and your insurer (if applicable) so they can act on any recommendations.
We do our best to make the process as easy as possible for everyone to participate. If you have any special requirements, or if we can provide cultural or language support, please let us know as soon as possible so we can make suitable arrangements.
You can contact our friendly team on 0800 266 588 to talk to us about you needs.
If you have any questions or would like more information, please get in touch by:
If you have made a complaint about a breach of the Code of Insured Persons’ Rights and that complaint has been investigated by your insurer or NHC Toka Tū Ake, you are eligible to apply for an independent review.
You can apply for an independent Code of Insured Persons’ Rights Review if you don’t agree with the decision made about your complaint.
The Code comes into effect and applies to any interactions with your insurer about new or existing natural hazards claims from 1 July 2024 onwards. Under the Code you can make a complaint to NHC Toka Tū Ake or your insurer from 1 July 2024 and our service can review any complaint decisions issued under the Code.
When an application is made, we will assess whether we can carry out a review of it. We check to see if a complaint has first been made to NHC Toka Tū Ake or your insurer, that a decision has been made on the complaint, and that it relates to a complaint about the Code.
If the complaint has not been raised with NHC Toka Tū Ake or your insurer, we will refer you to their internal complaint process as a first step.
If the complaint is about something outside the Code, for example a dispute about decisions made on your claim, we will refer you to your insurer, NHC Toka Tū Ake or NHCover Dispute Resolution.
The reviewer will write a decision that outlines whether they agree or disagree that there has been a breach of the Code. They will explain their reasons in this decision.
If they find there has been a breach of the Code, they may make a direction about what should happen to set it right. Remedies available under the Code include making an apology and providing information, or the reviewer can direct other actions as required.