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Liability
What is statutory liability insurance?
Statutory liability insurance protects you, your business and your employees, including directors, trustees and managers, against certain unintentional breaches of New Zealand acts of parliament resulting in prosecution.
Statutory liability policy provides access to specialist legal assistance and expert advice if you or your business is being prosecuted for breaching an Act. Any company, business or organization operating in New Zealand needs statutory liability cover.
What statutory liability insurance covers
Statutory liability insurance covers the organisation, any owner, director, officer, trustee manager or secretary, for fines and penalties and the cost to defend prosecutions.
It can cover prosecutions under many laws, including:
- Health and Safety at Work Act 2015
- Food Act 2014
- Resource Management Act 1991
- Building Act 2004
- Consumer Guarantees Act 1993
- Fair Trading Act 1986
- Privacy Act 1993
It can also cover:
- Investigations by the Commerce Commission
- Investigations of workplace injuries
The policy does not cover:
- Health & Safety at Work Act fines, though reparations are covered (eg the amounts paid to the victim or their family for emotional harm, property damage or consequential losses.)
- employee contract claims
- police prosecutions or IRD proceedings
- Criminal allegations or liability arising from deliberate, willful or reckless acts or omissions.
Crombie Lockwood can advise you on the best business insurance solutions to protect you against unintentional breaches of New Zealand statutes. Our experts can work with you to create a tailored, cost-effective insurance liability package that safeguards your business. Find a broker near you
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CLAIM EXAMPLES
Health and Safety at Work Act
While cleaning out a boiler an employee’s leg was caught in a conveyor and had to be amputated below the knee. WorkSafe investigated the accident and prosecuted the company under the Health & Safety at Work Act.
There were mitigating factors and through the company’s Statutory Liability policy they secured access to specialist lawyers who built a strong defence case.
The court awarded a small fine of $5,000 (not insurable) and ordered reparations of $50,000. The company’s statutory liability policy was able to pay both legal defence costs and the reparations.
Resource Management Act
A local bus operator had a diesel fuel facility in its yard. The tank was owned by the fuel supplier, but the bus operator was responsible for its upkeep. The fenced and gated yard was broken into at night and an unsecured valve on the tank was maliciously opened and fuel with allowed to run into a bunded area surrounding the tank. Unfortunately, the drain hole in the bund had been left open the previous day and8,000 litres of fuel ran into a nearby stream.
A massive clean-up operation was undertaken. However, the local Council brought an action against the bus operator and its supplier under the Resource Management Act.
The insured was convicted and fined $with substantial defence costs coverable by the policy .
Liability solutions
Public liability
Public And Product Liability Insurance minimises the potentially huge financial impact on a business should the unexpected happen.
Product liability
Product liability protects against claims of personal injury or property damage caused by a business's products
Directors and officers liability
Directors and officers insurance protects your executives and board from personal financial risk.
Statutory liability
Statutory liability insurance can protect business's against certain unintentional breaches of New Zealand law.
Employers liability
An employers liability policy protects employers against claims brought by their employees who have sustained an injury in the course of their employment where the...
Employment disputes
Employment disputes insurance protects employers against personal grievance claims brought by past or present employees.
Crime insurance
Crime and fidelity insurance protect organisations from losses which could arise from dishonest or fraudulent acts committed by employees.
Professional indemnity
Professional indemnity insurance is designed for professionals who provide advice or a service to their clients.
Trustees liability
Trustees Liability Insurance protects trustees from personal liability while carrying out duties performed for the trust.