Legal Advisory Group

Terms of Reference

Member

The Legal Advisory Group is chaired by Miriam Dean KC and convened on an adhoc basis as required.

Chair – Miriam Dean CNZM KC

Miriam’s many years of experience in dispute resolution, review work and governance allow her to take on the most difficult and diverse issues. She is a King’s Counsel; a director of  Rau Paenga Limited (which supports the delivery of infrastructure for Crown agencies), Chorus Limited (providing the country’s telecommunications infrastructure nationwide), REINZ – Real Estate Institute of New Zealand (a membership organisation representing real estate professionals nationwide) and chair of the Banking Ombudsman Scheme (an approved body to resolve complaints between banks and customers); and has led many government and private reviews.

She also serves on other governing advisory boards or committees including as a member of the Department of Internal Affairs Advisory Board. Miriam played a leading role in setting up the internal dispute resolution processes of the Greater Christchurch Earthquakes Claims Resolution Service and those of the now wider and national New Zealand Claims Resolution Service.

Latest meeting minutes – 13 August 2024

Meeting Administration

Conflicts of Interest

1. No conflicts of interest declared.

Minutes and Actions

1. The minutes were taken as read and updates provided on the outstanding actions.

Items

NZCRS Operational

1. The Director spoke to his July 2024 NZCRS Director’s Report which had been circulated with the group.
2. The group noted the demand for services continues to reduce across the country with the number of closed cases exceeding the number opened.
3. The increased closure rate can be attributed to a number of factors, such as manageable caseloads, focus on aged cases for Canterbury Earthquake Sequence (CES) and reduction in significant events in New Zealand.
4. The group discussed engagement with ICNZ and any systemic issues NZCRS is experiencing. NZCRS will in future report on any such issues in the Director’s report especially given the MOU with FMA.
5. The Director noted an increase in the proportion of CES claims and referrals from the Insurer. The group recommended this be monitored.
6. The group discussed average caseloads per Case Manager and management tools utilised to measure workload demand.
7. The Director reported he met with the Natural Hazards Commission Toka Tū Ake (NHC) to work through CES aged cases and the different reporting approaches taken in identifying these. The group requested NZCRS report in more detail on these to track progression of these cases.
8. The Director advised that NHC and NZCRS had agreed that NZCRS will continue to support homeowners who are not the original owners of their properties and are not in the Treasury On Sold Programme.
9. The group recommended implementation of key metrics on the timeliness, effectiveness, and efficiency of services provided to the Homeowner.
10. NZCRS noted the decline in the number of homeowners who would recommend NZCRS to others. Exit survey results were 78% for this quarter which is down from 85% in the previous quarter. Investigation noted this was being driven by an increase in the number of homeowners reporting “neutral.” NZCRS is taking a multidisciplined approach to identifying and dealing with this trend. The Chair noted that the 78% rating was still an excellent rating.

Quality Management System

1. The Director presented NZCRS Quality Assurance model and the focus of ensuring the homeowner is at the centre of our decisions, and key deliverables. A group discussion took place with feedback provided on the model and opportunities identified for new key performance indicator’s (KPI’s) that could be introduced. 
2. The Homeowner Charter was discussed with the Director confirming work was underway with the Homeowner Advisory Group on wording changes. The group suggested efficiency and timeliness also be captured in this charter.

Advisory Groups' Contract and Tenure

1. The Director advised a review is to be undertaken of the various advisory groups’ contract period and tenure. Discussions to take place with the Chair and Director to consider options and advise the group.

IDRS Update

1. John Hardie updated the group on a matter raised with NHC regarding dispute resolution schemes for homeowners in the Treasury On Sold Programme, administered by NHC. Discussion followed.
2. The group noted the importance of understanding the different ‘on sold’ categories / schemes and committed to NZCRS continuing to provide education and case management services to assist the homeowner in working through the different schemes. 
3. The group discussed FairWay Resolution’s process as NHC’s appointed dispute resolution scheme. The group requested the Director meet with Fairway Resolution to discuss their process. The Chair may also attend if possible. 
4. IFSO was discussed with the group requesting confirmation of why NHC is excluded from its jurisdiction. 

Engineering NZ Update

1. No update provided. 

Review of Agenda

General Business

1. The next Legal Advisory Group online meeting date scheduled for 19th November 2024.

Meeting closed: 11.33am