Legal Advisory Group
The Legal Advisory Group provides advice to the New Zealand Claims Resolution Service (NZCRS) on legal issues, recommends system improvements and supports engagement with stakeholders and interest groups within the legal community. It also oversees the mediation and determination services available to Canterbury earthquake claimants.
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 – 7 May 2024
Present
- Miriam Dean (Chair)
- Vanessa Howell (Crown Law)
- Emily Walton (Independent Lawyer)
- Gina Ronald (Engineering NZ)
In attendance
- Chris Boys (Chair, Canterbury Earthquake Insurance Tribunal)
- Robert Vincent and Stephen Campbell (Community Law Canterbury)
- Victoria Wood (Community Law)
- Edward Butler (Solicitor, MBIE)
- Darren Wright (Director, NZCRS)
- Kirsty Hamilton (Principal Advisor Insurance Claims, NZCRS)
- Susan Rolton (Team Leader Support, NZCRS)
Apologies
- John Hardie (Advisor, Internal Disputes Resolution)
- Paul Kirby (General Manager Regulation and General Counsel, Engineering New Zealand)
Meeting Administration
Conflicts of Interest
- No conflicts of interest declared.
Minutes and Actions
- The minutes were taken as read and updates provided on the outstanding actions.
Items
NZCRS Operational
- The Director spoke to his April 2024 Report. Discussion followed and the group noted the demand for services has been trending downwards; pleasingly there has been an increase in cases closing.
- The Director highlighted the achievement opening more than 6000 cases and closing of more than 5000 cases since the inception of RAS.
- A staffing update was provided with the Director advising average caseloads are now at an appropriate level.
- As to Canterbury Earthquakes Sequence (CES) cases, the group discussed progression of aged cases (pre-2021) and the increased complexity and vulnerability involved with current cases. Focus remains on closing the older CES cases and working with EQC Toka Tū Ake EQC on how to progress these.
- The exit survey results noted satisfaction remaining strong with 85% of homeowners reporting they would recommend NZCRS to others. Although this percentage is down slightly from 88% in the previous quarter, the result is above performance target of 75%.
- The Director noted the QMS model has been launched within the team and the continued work that is being undertaken towards gaining ISO9001 accreditation.
- The group discussed the level of information required by homeowners to engage an expert and the benefit of standardised guidelines. Advice to be sought from MBIE counterparts.
- The Director spoke to systemic insurance issues that he has escalated to ICNZ as part of the Consumer Advisory Committee’s work.
- The Director advised a meeting is scheduled with Minister Bayly. The group recommended, the RAS, GCCRS, NZCRS journey be highlighted at this meeting with a focus on the value these services have provided to homeowners.
On Sold Programme
- The Director informed the group that NZCRS has responded to EQC Toka Tū Ake notification requesting NZCRS stop supporting on-sold homeowners not in the Treasury Programme.
- Update provided on the Director’s discussion with EQC Toka Tū Ake on the attendance of legal counsel at the initial conference and NZCRS’ commitment to providing case manager support for the homeowners in these conferences, but not legal representation. The group supported this approach.
- The group noted the benefit of the recent homeowner meetings hosted by NZCRS to enable homeowner to share their experiences with the CEO of EQC Toka Tū Ake. The homeowners thanked the NZCRS for the chance to share their stories in this way.
CEIT Update
- The chair updated the group on cases in the Canterbury Earthquakes Insurance Tribunal. There are currently 23 live applications with settlements now quicker as parties become familiar with the process.
- Work is to be undertaken on the size of document management bundles provided at the Tribunal. CEIT is now focusing on this at pre-hearing conferences.
- Memoranda provided by insurers counsel the night prior to hearings was discussed as a concern, with the chair providing guidance on how Community Law could address this practice. The group recommended that parties make the decision maker aware of the late filing of memoranda so it can be addressed appropriately and not necessarily have homeowners trying to respond on the day.
- The group discussed surveying homeowners on their experience with CEIT. The group agreed NZCRS would undertake this work with the homeowners in their service. Findings to be shared with the group.
IDRS Update
- The Director advised the group he has received advice from the Minister that NZCRS are not to provide dispute resolution services outside of Christchurch.
- Timeframes were discussed with NZCRS noting parties are unavailable for months for hearings due to their Counsels’ and experts’ availability. The IDRS Advisor is aware of, and is addressing, this problem.
Engineering NZ Update
- Gina Ronald updated the group on engineering related matters and noted the general continuing increase in reinstatement recommendation referrals.
- NZCRS updated the group on work being undertaken with ENZ on engineering rapid appraisals to assist homeowners impacted by the North Island weather events.
Review of Agenda
General Business
- It was noted that the High Court test case on limitations should provide clarity around property insurance claims.
- On behalf of the NZCRS team, Kirsty noted the amount of effort put in towards the implementation of QMS system and the success of the presentation by the Director to staff. The Group noted their appreciation for the work NZCRS have done in making this a success.
- The next Legal Advisory Group online meeting date scheduled for 13th August 2024.
Meeting closed: 11.23am
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Previous meeting minutes
View all previous meeting minutes from the Legal Advisory Group.