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

Terms of Reference for the NZCRS Legal Advisory Group

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 – 19 November 2024

Present

  • Miriam Dean (Chair)
  • Vanessa Howell (Crown Law)
  • Emily Walton (Independent Lawyer)
  • John Hardie (Advisor Internal Disputes Resolution)

In attendance

  • Darren Wright (Director, NZCRS)
  • Edward Butler (Solicitor, MBIE)
  • Kirsty Hamilton (Principal Advisor Insurance Claims, NZCRS)
  • Susan Rolton (Team Leader Support, NZCRS)

Apologies

  • Paul Kirby (General Manager Regulation and General Counsel, Engineering New Zealand)
  • Lawrence Kimberley (Community law Canterbury)
  • Rober Vincent (Community Law Canterbury)
  • Melanie Douglas (Community Law Canterbury)

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 October 2024 NZCRS Director’s Report which had been circulated with the group.
  2. The group noted although demand for service had increased slightly from previous quarter, the number of closed cases exceeded number opened.
  3. The increased closure rate can be attributed to a number of factors, such as manageable caseloads, reduction in significant events in New Zealand and NZCRS focus on closing older cases. The Director thanked the group for their guidance and direction in managing older cases.
  4. The group requested a continued focus on Canterbury Earthquake Sequence (CES) cases with NZCRS implementing a timeline for their completion.
  5. NZCRS noted the percentage increase in number of homeowners who would recommend NZCRS to others. Exit survey result for this quarter was 91%, which is up from 78% in previous quarter. The increase can be attributed to the multidisciplined approach NZCRS has taken in identifying and dealing with the downward trend.
  6. The group discussed average caseloads per Case Manager and actions taken to manage workload demand.
  7. The group noted IDRS matters transferred to Canterbury Earthquake Insurance Tribunal with the Director noting only a small number of these have access to the tribunal or IDRS since many of these are on -sold cases.
  8. The Director noted that pleasingly NZCRS and Toka Tū Ake (NHC) are using Engineering NZ’s panel for technical services. From 1 January 2024, NHC and NZCRS will equally share the costs associated in maintaining the panel.
  9. The group discussed NHC’s response to group’s concerns on how Section 72 notices applied by NHC to homeowners repairing their properties. The Director advised he would seek further clarification when he presents to the Territorial Authority clusters in 2025.
  10. The group discussed timeliness, effectiveness, and efficiency measures of services provided to the homeowner implemented by NZCRS. Homeowner value add case study discussed with the group.

IDRS Update

  1. The IDRS Advisor raised the apparent lack of dispute resolution services for cases in the on-sold programme administered by NHC. Update to be provided to the group following further discussion on this with NHC.
  2. An update on timeframes for on-sold programme introduced by NHC following Ministerial direction was provided and discussed.

Engineering NZ Update

  1. No update provided.

Review of Agenda

General Business

  1. The next Legal Advisory Group online meeting date scheduled for 5th March 2025.

Meeting closed: 11.45am