FAQs

Natural hazard events are stressful and can be a difficult time for you and your whānau. You may need some help to stay safe and recover. You can find general advice from trusted sources such as Civil Defence, and your local council. If your safety is at risk, you should evacuate or contact emergency services if you need urgent assistance.

If your property has been damaged, you should contact your home insurer directly. They can advise you on your cover and support you to manage any immediate needs, for example arranging urgent repairs or temporary accommodation. Many insurers provide important information and updates on their websites following a major natural hazard event.

You can find some general information about Natural Hazards Cover (NHCover) and making a claim on the NHC Toka Tū Ake website.

The Natural Hazards Insurance Act 2023 defines natural hazards as earthquakes, hydrothermal activity, landslides, tsunami, volcanic activity, floods, storms, and fires that result from one of these natural hazards.

The normal action of the wind or water causing gradual erosion (for example, coastal erosion, bank erosion, and sheet erosion) is not a natural hazard.

The Natural Hazards Commission (NHC) Toka Tū Ake is a Crown Entity that provides natural hazards insurance cover for homes and residential land within the financial limits prescribed by the Natural Hazards Insurance Act 2023 .

Natural Hazards Cover (NHCover) provides the first layer of insurance for your insured home and cover for certain areas of land under and around it, in the event your property is damaged by a natural hazard such as an earthquake, landslide, volcanic activity, hydrothermal activity, or tsunami and fires resulting from these natural hazards.

It also covers damage to your insured land from storms and floods and damage from fire that occurs because of any of the above natural hazards. For more detail on cover, see the NHC Toka Tū Ake website.

A quick way to tell which pathway might be right for you is by looking at your correspondence.

Disputes about referable decisions

When you make an NHCover claim, you will receive claim outcome letters from your insurer or NHC Toka Tū Ake to let you know their relevant claim decisions. Most decisions about natural hazards claims are ‘referable decisions’ which means you may have the option to refer your claim to the independent NHCover Dispute Resolution service. You can read more about referable decisions on our FAQ page.

Complaints under the Code of Insured Persons’ Rights

If you are not satisfied with the service or conduct of your insurer or NHC Toka Tū Ake while managing your natural hazards cover claim, and you believe there has been a breach of the Code of Insured Persons’ Rights, you can make a complaint to the organisation managing your claim. When you make a complaint to NHC Toka Tū Ake or your insurer about a breach, they will follow their internal complaint management process and 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.

If you are not sure, you can always chat with our friendly team on 0800 266 588 to find out more about your options.

You can find information about making a complaint and options for raising a dispute for all natural hazards claims on the NHC Toka Tū Ake website.

If the natural hazard event occurred on or after 1 July 2024, and you have made a NHCover claim, the NHCover Dispute Resolution service may be available to you.

It is an independent dispute resolution service that has been introduced to support homeowners to resolve disputes about their natural hazards insurance claims. If you disagree with a referable decision made on your NHCover claim, you can contact Fair Way for free and impartial support to resolve it. We can help in two ways – through mediation and/or adjudication.

Insured New Zealanders can make a Natural Hazards Cover (NHCover) claim for damage caused by a natural hazard event such as an earthquake, flood, or landslide. If you have a dispute about a referable decision made on your NHCover claim, you may be able to access free and independent support from Fair Way's NHCover Dispute Resolution service to resolve it.

When you make an NHCover claim, you will receive claim outcome letters from your insurer or NHC Toka Tū Ake to let you know their relevant claim decisions. Most decisions about natural hazards claims are ‘referable decisions’ which means you may have the option to refer your claim to the independent NHCover Dispute Resolution service. 

Examples of referable decisions include:

• Validity – whether your claim is valid, eg. if it found that damage is not from a natural hazard
• Decline – if your claim is declined, eg. if it is found to be fraudulent or the damage is due to substandard construction
• Settlement extent – decisions about the extent or value of your settlement, eg. the costs of land or work, and/or the scope of work to be undertaken.

Decisions about the approach or method of settlement – eg. whether to pay, repair, rebuild or relocate – are not referable decisions and are generally outside of our service.

If you are not sure, you can contact us and our friendly team will let you know if you might be eligible for NHCover Dispute Resolution.

If you disagree with a referable decision, we recommend raising the dispute as early as possible.

Yes. Our service can resolve disputes under the Natural Hazards Insurance Act 2023 (the Act) and follows the Dispute Resolution Scheme Rules under the Act. For mediations, the Mediation Protocols apply and for adjudications, the Adjudication Protocols apply.

No. Our role is to be neutral. We provide mediation and aim to help you reach a mutual agreement. If you cannot reach an agreement, we will make an independent decision based on the information provided and from a legal standpoint.

You are encouraged to use the internal complaints processes that are available through your private insurer and/or NHC Toka Tū Ake first, however this is not mandatory.

The NHCover Dispute Resolution service is free for homeowners, so there is no charge for mediation or adjudication.  

However, you are responsible for meeting your own costs of engaging experts, such as getting legal or engineering advice. 

If technical advice is needed during the adjudication process, the adjudicator can consider this as part of their decision. They can award reasonable costs to be paid by NHC Toka Tū Ake.

No, but you may choose to have a lawyer or support person to assist you if you wish.

We do recommend that you get some independent legal advice before and during the process. If you engage a lawyer, you will need to cover these costs.

You can contact a lawyer privately or contact Community Law who provide legal advice nationally to homeowners affected by natural hazards. 

Yes. Let us know as soon as possible if your plans change.

You can withdraw from the process by giving written notice. A minimum of two working days’ notice must be given for both mediation and adjudication. You cannot withdraw after a mediated agreement has been signed or after an adjudicator’s decision has been issued.

We can only assist with the natural hazards cover portion of your insurance claim.

You will need to work through your insurer’s own internal process if you disagree with their decisions on your home, land or contents. You can also raise the complaint with your insurer’s dispute resolution scheme, for example the Insurance and Financial Services Ombudsman.

Yes. If you have a dispute about a further referable decision on your claim, please get in touch with your Resolution Coordinator.

For example, if the adjudicator finds in your favour after a declined decision, they will direct NHC Toka Tū Ake to relook at the decision so they can take the next steps within the natural hazard cover claims process. You could then later disagree with a decision by NHC Toka Tū Ake about the extent of the settlement. You can contact Fair Way's NHCover Dispute Resolution service about any referable decisions that you wish to dispute.

If you disagree with a non-referable decision, for example the decision to repair rather than replace a building structure, you should raise it with your insurer in the first instance. They will have an internal complaints process that you can work through. You may also be able to raise it with the Ombudsman or through the courts.

You can get independent advice and support from Citizens Advice Bureau and Community Law who provide legal advice nationally to homeowners affected by natural hazards.

Depending on the nature of your claim and event, some other dispute pathways include the:

• Insurance and Financial Services Ombudsman
• Canterbury Earthquakes Insurance Tribunal
• The Ombudsman
• Courts

In general, our primary contact will be with NHC Toka Tū Ake. If you would like us to advise your insurer, please let us know.

Here are some examples of disputes about referable decisions:

Claim is invalid – for example if:

• you and the insurer disagree about the cause of damage – was it from a natural hazard or another cause such as erosion?
• there was a misunderstanding about whether you had a current policy and cover for the property at the time of the natural hazard event
• there was a question about whether the claim was made within the correct claim date (e.g. within three months (standard claim date) or two years from the earliest damage (extended claim date).

Claim is declined – for example if:

• it is alleged to be fraudulent, but you disagree with this
• a retaining wall had not been built to the appropriate standard which led to the damage occurring, but you believe it complied with standards
• If there is a natural hazard notification on the land title.

Settlement extent – for example if:

• you disagree with decisions about the extent or value of your settlement, such as the:
  • price of land - valuations or market value assessments
  • costs involved to undertake the repair or reinstatement work
  • plans for the type of repairs and how these will be carried out
  • the scope of work – what is or isn’t covered by the repair work.

NHCover Dispute Resolution can only assist with NHCover claims, that is, claims for damage caused by a natural hazard that happened after 1 July 2024. We cannot assist with other types of insurance – for example contents or home insurance. Check your correspondence, which will let you know the type of claim you’ve made.

Most decisions made on a NHCover claim can be referred to the dispute resolution service, for example whether it is valid or the costs and extent of the settlement. However generally the method chosen to settle the claim is for NHC Toka Tū Ake to decide. For example, they could decide to pay out the claim or they could opt to manage the repairs.

Yes. If there are multiple people with disputes about the same residential land or property their disputes be considered together if everyone agrees to take part in the mediation or adjudication process. 

Yes, if more than one referable decision has been made about the same residential land or property these can be part of the same mediation or adjudication.

Mediation is a way to resolve a dispute collaboratively. An independent mediator helps you navigate challenging conversations. They create a safe environment to explore issues, to understand each other’s perspectives and develop options together. The mediator does not make decisions for you. Rather, their role is to keep you working work together to find a solution and reach an agreement everyone can agree to.

The mediation usually involves the insured person, a representative from NHC Toka Tū Ake and the Fair Way mediator.

At the case conference you can discuss who might need to attend the mediation. This could include a legal representative, support person, an expert or someone else that is necessary for the resolution of a dispute.

The mediation process is confidential, so anyone attending is asked to sign a confidentiality agreement.

The mediation itself would normally be up to 8 hours, however the entire mediation process usually takes a few weeks to complete, but up to four months can be allowed.

When you contact us, we will engage NHC Toka Tū Ake and any other parties involved, appoint a mediator, and agree a mediation time, date and venue. It usually takes around one to two weeks to complete these steps and come together for a case conference.

Depending on what’s agreed at the case conference, you might meet for mediation one to two weeks later. It can happen more quickly if everyone is ready to fully participate or can take longer if more information is needed before the joint mediation meeting.

Mediation sessions are usually scheduled for a half-day (four hours) or full day (eight hours), depending on the complexity of the issue and the number of parties involved.

Before mediation, we recommend taking some time to think about the issue, how to explain it and why you disagree with the decision that has been made.

It can be useful to provide a summary in writing to make sure the mediator has all the details and to help them understand the issue. The mediator may ask you to outline the issues, background, and your views on the dispute.

We also recommend that you share any useful information that you can. Depending on the nature of your dispute, technical advice from experts about the cause of damage or what the damage is can be useful. Experts may include assessors, estimators, surveyors, valuers, engineers, builders or drainage specialists. If you engage experts for advice or to produce a report, you will need to cover this cost.

Our team of mediators are experienced and accredited by a professional body, including the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the Resolution Institute and the NZ Law Society. Many also have legal qualifications or specialist experience in areas such as insurance and construction. Depending on your needs and situation, Fair Way will appoint a mediator who is the best fit for the matter.

Yes. Your mediator will be in touch before the mediation to introduce themselves. They will arrange a one-to-one meeting with you before the mediation. The mediator may also arrange a case conference for all people involved.

A mediator is appointed by Fair Way based on your needs. You can change mediator only in special circumstances – for example, if you or the mediator becomes aware of a conflict of interest. Please notify us as soon as possible if you believe this is the case.

The mediator will discuss and agree a location with all parties where you can all meet together for the mediation. If other options need to be considered, such as another location or an online mediation, you can discuss with the mediator or directly with Fair Way.

Yes. The mediator will work with all parties to prepare a written summary of any agreements reached. Once signed, it becomes a binding agreement. This agreement can be enforced by a court.  

Adjudication is a good choice if you need someone independent to make a decision. An adjudicator is a trained expert who weighs up all the evidence in a dispute and makes a legally binding decision on the matter. They will review all the information and submissions provided and consider the law. It’s their role to make a decision from a neutral perspective.

During this process, the adjudicator can make a determination that may result in one or more of the following outcomes:

• Uphold or disagree with the decision - the adjudicator takes a fresh look at the referable decision. They can agree that the original decision is fair and reasonable under the law and so the decision stands, or they can disagree with the original decision and so the decision is overturned.
• Refer you to NHC Toka Tū Ake – the adjudicator can ask NHC Toka Tū Ake to reconsider your claim.
• Costs for expert advice – if technical advice is needed during the process, the adjudicator can award reasonable costs to be paid by NHC Toka Tū Ake.
• Order to settle – the adjudicator may direct NHC Toka Tū Ake to settle the claim.

If the adjudicator finds in your favour, they will direct NHC Toka Tū Ake to relook at the decision so they can take the next steps in the claims process.

Before adjudication, we recommend taking some time to think about the issue, how to explain it and why you disagree with the decision that has been made.

The adjudicator will ask you to provide a summary in writing to make sure they have all the details and to help them understand the issue. They will ask you to outline the issues, background, and your views on the dispute.

We also recommend that you share any useful information that you can. Depending on the nature of your dispute, technical advice from experts about the cause of damage or what the damage is can be useful. Experts may include assessors, estimators, surveyors, valuers, engineers, builders or drainage specialists. If you engage technical experts for advice or to produce a report, you will need to cover this cost.

The full process, from initial contact to final decision, usually takes around six to eight weeks but up to four months can be allowed.

Our team of adjudicators are experienced and accredited by a professional body, including the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the Resolution Institute and the NZ Law Society. Many also have legal qualifications or specialist experience in areas such as insurance and construction. Depending on your needs and situation, Fair Way will appoint an adjudicator who is the best fit for the matter.

An adjudicator is appointed by Fair Way based on your needs. You can change adjudicator only in special circumstances – for example, if you or the adjudicator becomes aware of a conflict of interest. Please notify us as soon as possible if you believe this is the case.

Yes. The adjudicator’s decision is legally binding on the parties. It can be enforced by the courts.

If you disagree with the decision, you have a right to appeal it in court. In most cases, the appeal must be made to the court within 20 working days.

Yes. Either party can appeal the decision in court. In most cases the appeal must be brought within 20 working days of the decision to a court of competent jurisdiction.

Yes, you are welcome to have a support person. You can discuss this with your mediator or adjudicator directly, or at the case conference.

Yes. If you have any special requirements (for example, mobility, vision or hearing needs) let us know as soon as possible so we can make suitable arrangements.

Yes. Our process is flexible and fits each person. If you have any cultural needs, please let us know. We have a team of skilled practitioners available who are experienced in working with people from a range of backgrounds and cultures, including practitioners trained in tikanga-based mediation.

Yes. We can arrange an interpreter. Please let us know and we will arrange this for you.

Yes, you can request information and contact our Privacy Officer in the following ways:

• By email - privacy@fairwayresolution.com
• By phone - 0800 00 66 75
• By post - The Privacy Officer, FairWay Resolution Limited, PO Box 12790, Penrose, Auckland 1642

You can find out more about our privacy policy here.

The NHCover Dispute Resolution process is confidential and personal details about the dispute will not be made available publicly.

Under the Scheme Rules, we can publish anonymised summaries of decisions made through adjudication.  When we create a summary, any identifying information is removed to protect privacy. The applicant will be consulted as part of this process. 

There are some circumstances where the applicant, NHC Toka Tū Ake or Fair Way can disclose confidential information. For example, if a mandatory disclosure is required by law or is required as part of the mediation process. You can find further information on this in section 9.5 of the Scheme Rules.

We are committed to managing your privacy in accordance with the principles of the Privacy Act 2020. As part of our customer service charter, your information will be kept private and confidential, and we will only collect the information we need to manage your complaint. Your information is held securely, and we will look after and protect your information for as long as we need it.  You can review our privacy policy here.

Mediation is a confidential process. Before the mediation takes place, the mediator will meet with each party separately. The mediator will not share any information or disclosures made at these meetings unless the party consents to this.

The mediation meeting is confidential to applicant, NHC Toka Tū Ake, and anyone who attends the mediation, including the mediator, support people and others involved (such as experts or interpreters).

Everyone must keep confidential:

1. Any agreements reached at mediation – unless it is being used for enforcement purposes
2. Any statement, admission or document created for the purpose of the mediation
3. Any information disclosed during the mediation.

The role of the adjudicator is to make a binding decision based on the information submitted by all parties. All information received from one party will be made available to the other party. All parties will be given time to comment on the information that is exchanged.

Only insured homeowners who have a NHCover claim can refer a dispute.

People are encouraged to use the internal complaints processes that are available through their private insurer and/or NHC Toka Tū Ake first, however this is not mandatory.