NZI vs QBE — Statutory liability

[
  "Health and Safety at Work Act 2015 (defence costs and enforceable undertakings only; fines excluded)",
  "Privacy Act 1993",
  "Human Rights Act 1993"
]

[
  "Health and Safety at Work Act 2015",
  "Commerce Act 1986",
  "Human Rights legislation (Human Rights or Privacy Complaints Review Tribunal proceedings covered under Defence Costs)",
  "Privacy Act (Human Rights or Privacy Complaints Review Tribunal proceedings covered under Defence Costs)",
  "Sentencing Act 2002"
]

[
  "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."
]

[
  "Asbestos: any actual or alleged liability whatsoever for any claim or claims in respect of losses directly or indirectly arising out of, resulting from, or in consequence of, or in any way involving asbestos or any materials containing asbestos in whatever form or quantity.",
  "Daily Continuing Offences/Orders and Costs: cost or payment of any enforcement order, remedial order or compliance order; any Fine imposed in relation to a daily continuing offence after notice of intention to commence action; any pecuniary penalty, restitution, compensation or order under sections 78, 80, 83 or 89(3)(b) of the Commerce Act 1986; any order for payment of costs under the Commissions of Inquiry Act 1908; any court order in the nature of damages or compensation (except reparation under HSWA 2015); any action or prosecution by the Inland Revenue Department or any other revenue collecting authority.",
  "Deliberate Disregard: Defence Costs (unless Acquitted) arising from deliberate disregard of any Act of Parliament; instructing another person to discharge obligations and failing to take all reasonable steps; failure to comply with any lawful abatement notice, enforcement order, improvement notice, prohibition notice, suspension notice, building consent, Notice to Rectify, Compliance Schedule, Gazetted Notice, or order made by a Human Rights or Privacy Review Tribunal.",
  "Dishonest Acts: any Event actually or allegedly brought about or contributed to by any dishonest, fraudulent or malicious act or omission by or on behalf of the Insured.",
  "Personal Grievances: any contract of service or intended contract of service with any current, former or prospective employee, including any personal grievance or like action by an employee (except HSWA 2015 investigations/prosecutions by WorkSafe).",
  "Private Prosecutions: defence of any action taken against the Insured by a person other than the statutory authority or enforcement agency given that responsibility under the relevant Act of Parliament (except private prosecutions under HSWA 2015).",
  "Radioactivity: ionising radiations or contamination by radioactivity from any nuclear fuel or nuclear waste or any self-sustaining process of nuclear fusion.",
  "Retroactive Date: any Event after the Retroactive Date but before the Inception Date if the Insured knew or ought reasonably to have known of the Event and failed to notify QBE before the Inception Date.",
  "Sanctions: no cover where a claim payment would breach any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulation of any country.",
  "Terrorism: any loss directly or indirectly caused by, resulting from or in connection with any Act of Terrorism.",
  "War: any consequence of war, invasion, act of foreign hostilities, civil war, rebellion, revolution, insurrection, military or usurped power.",
  "Excluded Acts: Anti-Money Laundering and Countering Financing of Terrorism Act 2009, Arms Act 1983, Aviation Crimes Act 1972, Crimes Act 1961, Criminal Proceeds (Recovery) Act 2009, Land Transport (Road Safety and Other Matters) Amendment Act 2011, Real Estate Agents Act 2008, Summary Offences Act 1981, and any other Act of Parliament specified in the Policy Schedule as an Excluded Act."
]

[
  "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."
]

[
  "Consolidation or Merger: cover extended to merged or acquired entities subject to written notice, underwriting information, and additional premium.",
  "Newly Created or Acquired Subsidiary Company: subsidiary companies created or acquired after commencement of Period of Insurance included as Insured subject to written notice, underwriting information, additional premium, and cover limited to Events discovered after acquisition date and after the Retroactive Date.",
  "Extended Reporting Period: if QBE refuses to renew, Insured may purchase 12-month extended reporting period upon payment of additional premium not exceeding 100% of expiring annual premium, notified in writing within 30 days of expiry, for Events before expiry date; indemnity included in and not in addition to the Limit of Indemnity.",
  "Enforceable Undertakings: covers payments of amends in reparations to victims (up to NZD 250,000, included in Limit of Indemnity) and reasonable Defence Costs for drafting enforceable undertaking (up to NZD 250,000, included in Defence Costs limit) under Section 123 of HSWA 2015, subject to QBE's written consent and specified conditions and sub-exclusions."
]