Terms of Reference for the NZCRS Advisory Committee

November 2025

A. Background

  1. On 29 August 2022, Cabinet agreed to the establishment of the New Zealand Claims Resolution Service (the NZCRS) in response to a recommendation from the 2020 report of the Inquiry into the Earthquake Commission.
  2. The NZCRS was established as a standing national mechanism to support homeowners with a Natural Hazards Commission Toka Tū Ake and/or private insurance claim concerning a residential property that has been damaged by any natural disaster event (a residential insurance claim), with no limit on the value of a claim.
  3. These are the Terms of Reference (ToR) for the NZCRS Advisory Committee (the Committee).

B. Objectives of the NZCRS

  1. The objectives of the NZCRS are to:
    1. support homeowners where required with a residential insurance claim;
    2. assist homeowners to achieve fair, just, timely, and enduring resolution of their residential insurance claim; and
    3. assist with the psychosocial recovery and support the wellbeing of the homeowner during the resolution of their residential insurance claim.
  2. In addition, the broader aims of the NZCRS include contributing to consumer protection and education around residential insurance claims (including options for dispute resolution).

C. Principles of the NZCRS

  1. The following principles underpin the functioning of the NZCRS:
    1. Independent and fair: NZCRS supports homeowners to progress their cases and disputes in accordance with applicable law and natural justice. All cases resolution and dispute functions are, and are seen to be, carried out in an objective, fair, and unbiased way. The NZCRS is independent from Natural Hazards Commission Toka Tū Ake and all insurance companies,
    2. Consumer-centricity: The homeowner is at the centre of all aspects of the NZCRS service and will be supported by the NZCRS in the assessment, management, and resolution of their insurance claim. NZCRS is easy for homeowners to find, enter, and use, regardless of their capability and resources,
    3. Efficient and effective: NZCRS processes are tailored to achieve the prompt and cost-effective settlement of outstanding insurance claims and disputes wherever reasonably possible. NZCRS provides value for money through appropriate, proportionate, and timely responses to issues,
    4. Wellbeing: The successful resolution of an insurance case and/or dispute includes the facilitation of the psychosocial recovery and wellbeing of the owner where necessary, and
    5. Accountable: Subject to obligations around privacy and confidentiality, the NZCRS will be open with processes, decision making, and communication with homeowners and insurers, so as to instil public confidence in the service. Regular monitoring, assessment, and reporting will encourage ongoing improvement and better outcomes for homeowners.

D. Role of the NZCRS Advisory Committee

  1. The Committee has been established to provide advice to assist the Ministry of Business, Innovation and Employment (MBIE) including the Head of Accommodation and Insurance Response to discharge their responsibilities in terms of management and governance of the NZCRS.
  2. The Committee provides a forum to discuss NZCRS-related matters and issues, and for solutions to be suggested and facilitated where possible. The role of the Committee includes providing advice and observations on matters relating to:
    1. the strategic direction of the NZCRS and progress towards achieving its objectives;
    2. risks, systemic issues and emerging developments in the natural hazards, insurance, and dispute resolution landscape;
    3. the quality, efficiency, and effectiveness of the NZCRS; and
    4. service improvements and ways to enhance the experience of homeowners and other stakeholders who use the NZCRS.
  3. The Committee members will be expected to work with other professionals in their respective fields to ensure a national perspective of insurance issues in relation to natural disaster events is given to the Committee, excluding the IDRS Advisor and Southern Response Earthquake Services Limited due to the remit of their roles.
  4. The Committee is not a statutory board, has no legal standing, and is not a decision-making body. MBIE is responsible for the operation and oversight of the NZCRS, service performance and improvements, progress against objectives, and reporting to the Responsible Minister.

E. Meeting frequency

  1. The Committee will meet quarterly. Out-of-cycle or more frequent meetings may be convened as required, including depending on the nature, magnitude, or number of natural hazard events the NZCRS is responding to. Reports on current event responses may be shared by correspondence with the Committee on a more frequent basis to provide updates.

F. Membership

  1. The Committee will be made up of the following members:
    1. A senior representative from MBIE (Chair);
    2. the Head of Accommodation and Insurance Response;
    3. A senior representative from Natural Hazards Commission Toka Tū Ake;
    4. A senior representative from the Insurance Council of New Zealand (ICNZ);
    5. A national consumer or homeowner representative;
    6. A national independent legal representative;
    7. A Māori representative from an affected area - either an MBIE Māori expert, or external representative when appropriate;
    8. The Engineering New Zealand Engineering Advisory Group Chair; and
    9. A senior representative from Southern Response Earthquake Services Limited (while it remains in operation).
  2. Each member will be appointed for a duration of two years, or shorter if circumstances dictate. Appointments can be renewed after the duration of two years.
  3. This ToR does not bind any member or individual organisation. Participating agencies will retain their own accountability and decision rights. Nothing in this ToR shall make any member liable for the actions of any other member or constitute any legal relationship between the members or their respective organisations.

G. Protocols

  1. Members of the Committee agree that in dealing with each other they will at all times discuss matters in an open and collaborative manner and work together constructively in the interests of homeowners and the NZCRS scheme.

H. Conflict

  1. The members of the Committee will disclose any real or potential conflict of interest to the Chair, and the Chair of the group will decide the best way to manage any such conflict. If the conflict of interest relates to the Chair, the Head of Accommodation and Insurance Response will decide the best way to manage the conflict.

I. Confidentiality

  1. Members have a responsibility to keep all information provided in relation to membership of the Committee strictly confidential, including matters tabled or discussed at the Committee meetings, as well as any information provided, or any discussion that takes place, outside of these meetings.
  2. Where a member reasonable believes it is necessary to share confidential MBIE information shared with the Committee with professionals in their respective fields (refer para 9), then they will:
    1. Ensure the sharing is conducted on a confidential basis, and in particular the MBIE information is only used by the Recipient for the purposes of assisting the member/Committee; and
    2. Record the information that is shared, who it is shared with, and the terms on which it is shared – and provide that information to MBIE on request.
  3. Members may not make public comments regarding the Committee, including representing the Committee or the NZCRS in the media without prior approval from the Chair of the Committee and the Head of Accommodation and Insurance Response. Members can share information that is not confidential through media channels if they choose, but this should be as individuals and not represented as the views of MBIE, NZCRS, or the Committee.

J. Administration

  1. If the Chair is unable to attend a meeting, they will nominate an alternative Chair for the meeting.
  2. A quorum will be half the number of members, plus the Chair.
  3. The Chair is responsible for approving and circulating a written agenda at least two working days before the meeting.
  4. Draft minutes of meetings will be circulated to all members present at the meeting for their approval within 10 working days of the meeting.
  5. Minutes will be published on the NZCRS website within 20 working days of the meeting.
  6. Secretariat support will be provided by the NZCRS.
  7. The ToR will be reviewed annually. Unforeseen issues may emerge, or the nature of events may change, as NZCRS operations continue. Therefore, there may be a need to update the ToR to ensure they are still fit for purpose. This ToR can only be amended with a majority agreement by the Committee.

K. Funding and remuneration

  1. MBIE will enter into separate remuneration agreements with each member where required.