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 Advisor 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 Ōtākaro Limited (which delivers the Crown-led anchor projects in Christchurch), Chorus Limited (providing the country’s telecommunications infrastructure (fibre and copper) 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, including reviewing in 2015 the Accident Compensation Corporation’s dispute reduction processes.

She has also served on many 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 – 5 March 2024

Present

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

In attendance

  • Robert Vincent (Community Law Canterbury)
  • Stephen Campbell (Community Law Canterbury)
  • Darren Wright (Director, NZCRS)
  • Victoria Wood (Community Law)
  • Edward Butler (Solicitor, MBIE)
  • Susan Rolton (Team Leader Support, NZCRS)

Apologies

  • Kirsty Hamilton (Principal Advisor Insurance Claims, NZCRS)
  • Paul Kirby (General Manager Regulation and General Counsel, Engineering New Zealand)

Meeting administration

Conflicts of interest

Emily Walton declared she is representing a Homeowner at Tribunal and in High Court who is also with NZCRS.

Minutes and actions

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

Items

NZCRS operational

  1. The Director spoke to his February 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.
  2. Homeowners not returning consent forms remains high, although slightly lower than previous quarter. Agreed that these need close monitoring.
  3. A staffing update was provided with the Director advising average caseloads are now at an appropriate level.
  4. As to Canterbury Earthquakes Sequence (CES) cases, the group discussed the focus and progression of aged cases (pre-2021) and as well the increased complexity involved with current cases. Agreed that focus must remain on closing the older CES cases and working with Toka Tū Ake EQC to facilitate this.
  5. The exit survey results were noted with satisfaction remaining strong with 88% of homeowners reporting they would recommend the NZCRS to others. Wellbeing support has now been established throughout the country.
  6. The group discussed hazard notices and how these are triggered. It noted the potential risk that these may perversely discourage repair work. Agreed this matter needs to be worked through with relevant parties.
  7. The Director noted the increase in demand for services supporting homeowners in the early phases of the CEIT. This is often due to the increased legal representation homeowners are now facing with senior lawyers often engaged by Toka Tū Ake EQC.
  8. The Director advised the group of Tim Grafton’s (CEO, ICNZ) retirement and acknowledged the immense contribution he has made to the insurance industry and homeowners.

Dispute resolution service

Toka Tū Ake EQC’s procurement process for their dispute resolution scheme was discussed with NZCRS confirming they were not the successful applicant. Discussion followed.

IDRS update

  1. The IDRS Advisor discussed the necessity of moving homeowners who are experiencing issues with Toka Tū Ake EQC into formal dispute resolution.
  2. The first determination on the papers is in progress and will be reviewed by the IDRS Advisor once released.
  3. The Director committed to working through aged cases (pre- 2021).

Engineering NZ update

Gina Ronald updated the group on engineering related matters and noted the general continuing trend in reinstatement recommendation referrals.

3. Review of agenda

General business

The next Legal Advisory Group meeting date scheduled for 7th May 2024 and will be held online only.

Meeting closed: 10:03am