All cover · Statutory liability
delta-insurance vs NZI — Statutory liability
Statutory liability covers fines and defence costs for unintentional breaches of NZ statutes (HSWA, Privacy Act, RMA, Fair Trading Act). Insurability of the fine itself depends on the Act — defence costs and reparation orders are universally insurable.
delta-insurance
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Not on file — request latest wording from delta-insurance via FCIB.
NZI
IAG New Zealand Limited (NZI brand)
Wording on file: NZI Statutory Liability
Effective: 2018-03-01
Tier D (blocked) FCIB panel
Side-by-side fact comparison
Each row is a fact-key from the Statutory liability wording. "Not on file" means either the wording doesn't address that fact, or Phase C structured-facts extraction hasn't been run yet on this insurer's wording.
| Fact | delta-insurance | NZI |
|---|---|---|
| limit of indemnity options | Not on file | Not on file |
| defence costs in or outside limit | Not on file | mixed |
| fines insurable acts list | Not on file | [ "Health and Safety at Work Act 2015 (defence costs and enforceable undertakings only; fines excluded)", "Privacy Act 1993", "Human Rights Act 1993" ] |
| reparation orders covered | Not on file | You are insured for your legal liability to pay statutory damages or reparations that you become liable to pay arising out of your act or omission in New Zealand in connection with the business. 'Reparation' means the amount of money you are ordered to pay as reparation under Section 32 of the Sentencing Act 2002. |
| hswa handling | Not on file | You are not insured for any fine under the Health and Safety at Work Act 2015. However, defence costs are covered for prosecutions under the Health and Safety at Work Act 2015, and enforceable undertakings under the Health and Safety at Work Act 2015 are covered (subject to conditions including that the amount paid is no greater than the amount we would expect to pay as reparation had you been convicted, and the prosecution could result in an order for reparation if you were convicted). |
| privacy act handling | Not on file | Statutory damages recoverable under the Privacy Act 1993 for an accidental breach are covered. 'Proceeding' is defined by reference to an official complaint or civil proceeding alleging a breach (or potential breach) of the Privacy Act 1993 or the Human Rights Act 1993. |
| fair trading act handling | Not on file | Not on file |
| rma handling | Not on file | Not on file |
| key exclusions | Not on file | [ "4.1 Asbestos – liability in connection with asbestos.", "4.2 Commerce Act – liability in connection with a breach of the Commerce Act 1986 (does not apply to individual persons covered under this policy).", "4.3 Compliance costs – costs incurred in complying with or failing to comply with any abatement, compliance, enforcement or remedial notice or order.", "4.4 Continuing offences – part of fine, reparation or statutory damages relating to any period after you knew or ought to have known an offence was being committed.", "4.5 Dishonesty or fraud – wilful breach of duty or Act, dishonest, fraudulent or malicious act or omission, criminal intent, unlawful profit or advantage, insider trading.", "4.6 Excluded Acts – Arms Act 1983, Aviation Crimes Act 1972, Crimes Act 1961, Land Transport Act 1998, Misuse of Drugs Act 1975, Proceeds of Crime Act 1991, Summary Offences Act 1981, and any other Act specified in the schedule as an excluded Act.", "4.7 Health and Safety at Work Act – fines under the Health and Safety at Work Act 2015.", "4.8 Infringement fees – infringement fees of any kind.", "4.9 Intentional or reckless breach – intentional or reckless disregard of the provisions of an Act.", "4.10 Known claims and circumstances – liability in connection with any claim first known of prior to the inception of this policy.", "4.11 Legal jurisdiction – proceedings or prosecution first brought outside New Zealand, enforcement of foreign judgments, or legal liability under the proper law of a country other than New Zealand.", "4.12 Monetary amounts paid or offered before sentence – any sum paid or offered prior to sentencing without our prior written consent.", "4.13 Nuclear – nuclear reactors, radioactive materials, nuclear weapons.", "4.14 Personal grievances – liability arising out of any contract of employment or service, including personal grievance or similar action by an employee.", "4.15 Private prosecutions – investigations, defence, proceedings, inquiries or prosecutions taken by a person or entity other than the statutory authority or enforcement agency responsible for administering enforcement of an Act.", "4.16 Punitive or exemplary damages – punitive, aggravated, liquidated or exemplary damages imposed by a court for breach of any Act (does not apply to claims under extension 3.8).", "4.17 Retroactive date – claims in connection with an event that occurred prior to the retroactive date.", "4.18 Sanctions – liability that would expose us to any sanction, prohibition or restriction under UN resolutions or trade/economic sanctions of the EU, UK, USA, Australia or New Zealand.", "4.19 Taxes – events or acts or omissions in connection with a requirement to pay taxes, rates, duties, levies, charges, fees or other revenue under an Act.", "4.20 Terrorism – claims in connection with an act of terrorism.", "4.21 War – claims in connection with war, invasion, act of foreign enemy, hostilities, civil war, mutiny, rebellion, revolution, insurrection, military or usurped power." ] |
| territory | Not on file | an event that occurs in New Zealand in connection with the business |
| jurisdiction | Not on file | The law of New Zealand applies to disputes about this policy and the New Zealand Courts have exclusive jurisdiction. |
| excess default | Not on file | The excess shown in the schedule will be deducted from the amount we pay for fines, reparations, statutory damages or defence costs. If a claim arises from separate events, acts or omissions then an excess will apply to each event, act or omission. We will deduct only one excess for a series of related events, acts or omissions arising from one source or cause, the highest excess will apply. |
| aggregation basis | Not on file | The most we will pay in total for all fines, reparations, or statutory damages in the aggregate during the annual period is the sum insured. The most we will pay in total for all defence costs incurred during the annual period is the sum insured. The limits under 5.1 A – 'Liability' and 5.1 B – 'Defence costs' are separate. |
| claims made trigger | Not on file | you first knew, or ought to have known, of the prosecution in relation to that event, during the period of insurance, and you have advised us of the prosecution as soon as possible, but no later than 30 days after the period of insurance ends. |
| automatic extensions | Not on file | [ "3.1 Defence costs if acquitted – reimbursement of reasonable defence costs where you are subsequently acquitted in a proceeding or prosecution alleging knowing, wilful or intentional act or omission.", "3.2 Enforceable undertakings – amounts agreed to be paid as part of an enforceable undertaking under the Health and Safety at Work Act 2015 and associated defence costs, subject to conditions.", "3.3 Extended reporting period – 12-month extension available on cancellation or non-renewal by insurer at 90% of last premium, within 30 days of effective cancellation/non-renewal date.", "3.4 Mergers and consolidations – cover extended to new company following merger, amalgamation, consolidation or asset sale, subject to conditions and notification within 30 days.", "3.5 New subsidiary companies – cover extended to subsidiary companies created or acquired during the period of insurance, subject to conditions and notification within 30 days.", "3.6 Official investigations cover – defence costs for official investigations involving you arising out of an event or potential event or act or omission in New Zealand in connection with the business.", "3.7 Previous subsidiary companies – definition of you extended to include entities that ceased to be subsidiaries before or during the period of insurance.", "3.8 Statutory damages / reparations – insured for legal liability to pay statutory damages or reparations arising out of your act or omission in New Zealand in connection with the business; exclusion 4.16 does not apply to claims under this extension." ] |
| run off availability | Not on file | If we elect to cancel or refuse to offer a renewal of this policy, then you may pay us an additional premium (being 90% of the last premium), to extend your cover under this policy for another 12 months. However, this will only cover you for events or acts or omissions that happened before the expiry of the effective date of such cancellation or non-renewal. This right of extension will lapse unless written notice of such election, together with payment of the additional premium due, is given to us within 30 days following the effective date of cancellation or non-renewal. |
| retroactive date handling | Not on file | You are not insured for any claim of any type in connection with an event that occurred prior to the retroactive date. |
| investigation costs covered | Not on file | You are insured for defence costs necessarily and reasonably incurred by you in connection with an official investigation involving you, provided the investigation arises out of an event, or potential event in New Zealand in connection with the business, or an act or omission in New Zealand in connection with the business that may result in you being liable to pay statutory damages, and you first knew, or ought to have known, of the prosecution or proceeding during the period of insurance. |
| occurrence basis vs claims made | Not on file | claims_made |