Code of Insured Persons’ Rights Review

Frequently asked questions about the Code of Insured Persons’ Rights Review service

About the review service

  • What are my rights under the Code?

    The Code of Insured Persons’ Rights (the Code) outlines your rights when you have a natural hazard claim as well as NHC Toka Tū Ake’s obligations. These obligations also apply to the private insurers acting on behalf NHC Toka Tū Ake to manage EQCover and NHCover claims.

    You can find information about your rights and the Code here.

  • Am I eligible?

    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.

  • What can and can’t you accept?

    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.

  • Can you review complaints about events prior to 1 July 2024?

    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.

  • Are disputes and reviews managed separately?

  • Can I change reviewer?

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

  • How long is it?

    The full process, from initial contact to final decision, can take up to four months.

  • What outcomes are possible?

    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.

  • Do I need a lawyer?

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

Your needs

  • Can support people be involved?

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

  • Can my accessibility and disability needs be accommodated?

    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.

  • Can you support cultural needs?

    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 dispute resolution.

  • Can you arrange language support?

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

  • Who else can support me through this process?