All cover · Statutory liability
QBE vs dual-nz — 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.
QBE
QBE Insurance (Australia) Limited (NZ branch)
Wording on file: QBE Statutory Liability
Effective: 2022-11-01
Tier D (blocked) FCIB panel
dual-nz
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Not on file — request latest wording from dual-nz via FCIB.
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 | QBE | dual-nz |
|---|---|---|
| limit of indemnity options | Not on file | Not on file |
| defence costs in or outside limit | mixed | Not on file |
| fines insurable acts list | [ "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" ] | Not on file |
| reparation orders covered | The definition of 'Fine' is extended to include a sentence of reparation imposed following a conviction under the Health and Safety at Work Act 2015. Exclusion 2.5 excludes any court order in the nature of damages or compensation, except a sentence of reparation following a Health and Safety at Work Act 2015 prosecution. | Not on file |
| hswa handling | Fines imposed pursuant to the Health and Safety at Work Act 2015 are excluded from the definition of 'Fine', but the definition is extended to include a sentence of reparation imposed following a conviction under that Act. The Enforceable Undertakings extension covers: (a) payments of amends in reparations paid to victims up to NZD 250,000 any one Period of Insurance (included in, not in addition to, the Limit of Indemnity), and (b) reasonable Defence Costs in drafting and preparing the enforceable undertaking up to NZD 250,000 any one Period of Insurance (included in, not in addition to, the Defence Costs limit of indemnity), where a charging document has been filed under the Health and Safety at Work Act 2015. The Personal Grievances exclusion does not apply to any investigation, inquiry or prosecution by WorkSafe pursuant to the Health and Safety at Work Act 2015. The Private Prosecutions exclusion does not apply to any private prosecution brought under the Health and Safety at Work Act 2015. | Not on file |
| privacy act handling | Defence Costs include costs for proceedings before a Human Rights or Privacy Complaints Review Tribunal. The Excluded Acts list does not include the Privacy Act. Private prosecutions exclusion applies except as carved out. Investigations by a legally empowered authority that allege an Event are covered under the Investigation definition. | Not on file |
| fair trading act handling | Not on file | Not on file |
| rma handling | Not on file | Not on file |
| key exclusions | [ "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." ] | Not on file |
| territory | Any act or omission occurring in the course of the Business that gives rise, or may give rise, to an action under an Act of Parliament. (Act of Parliament means any Act of the New Zealand Parliament other than an Excluded Act.) | Not on file |
| jurisdiction | This Policy shall be governed by the laws of New Zealand whose courts shall have jurisdiction in relation to any dispute. | Not on file |
| excess default | The Excess specified in the Policy Schedule shall be borne by the Insured in respect of each and every Event. | Not on file |
| aggregation basis | QBE's maximum liability during any one Period of Insurance for all claims under Insuring Clause 1.1 is limited to the Limit of Indemnity specified in the Policy Schedule applicable for the Period of Insurance within which the Insured has or should have first notified QBE of the Event. Where an Event is alleged to have taken place on, over or between a number of specified dates, which fall within more than one Period of Insurance, the Event will be treated as if it occurred in the Period of Insurance in which the Insured has, or should have, first notified QBE of the Event. | Not on file |
| claims made trigger | is first notified in writing to QBE by the Insured during the Period of Insurance, or within twenty-one (21) days after its expiry. | Not on file |
| automatic extensions | [ "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." ] | Not on file |
| run off availability | If QBE refuses to renew this Policy, the Insured may, upon payment of an additional premium not exceeding one hundred per cent (100%) of the full annual premium payable for the expiring Period of Insurance, extend the cover under this Policy for a further twelve (12) months from the date of expiry, provided that this option to extend the Policy must be notified in writing to QBE within thirty (30) days of the date of expiry; and the extension shall only apply in respect of an Event before the expiry date; and an offer by QBE of any renewal terms or premiums different from expiring terms or premiums shall not constitute a refusal to renew; and the indemnity under this extension is included in and not in addition to the Limit of Indemnity specified in the Policy Schedule. | Not on file |
| retroactive date handling | The Event must have happened on or after the Retroactive Date. Any Event after the Retroactive Date but before the Inception Date is excluded if the Insured knew, or ought reasonably to have known, of the Event and failed to notify the Event to QBE before the Inception Date. The Retroactive Date is the date specified in the Policy Schedule. | Not on file |
| investigation costs covered | Defence Costs include 'Investigation', defined as any official inquiry, investigation, public examination or commission into the affairs of the Business: (i) instigated by a person or government authority legally empowered to conduct such investigation; (ii) which an Insured is legally compelled to attend; (iii) which alleges an Event by that Insured; and (iv) that is not of a general nature which affects the industry of the Business as a whole. | Not on file |
| occurrence basis vs claims made | mixed | Not on file |