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Insurance (Prompt Settlement of Claims for Uninhabitable Residential Property) Bill (Consistent) [2020] NZBORARp 7 (4 February 2020)

Last Updated: 25 March 2020

4 February 2020

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Insurance (Prompt Settlement of Claims for Uninhabitable Residential Property) Bill

Please find attached our advice about the consistency of this Bill with the New Zealand Bill of Rights Act 1990. We have concluded that the Bill appears to be consistent with that Act.


Details of the Bill

Member:
Stuart Smith
Bill Type:
Member's Bill
Committee:
Not Applicable (Non-Government Bill)
Meeting Date:
11/02/2020

Recommendations

Note the attached advice about the consistency of the Bill with the New Zealand Bill of Rights Act 1990.
YES / DISCUSS
Direct the Ministry of Justice to publish the advice on its website.
YES / NO
Refer a copy of the advice to the Minister of Commerce and Consumer Affairs.
YES / NO
Refer a copy of the advice to the Minister of Justice.
YES / NO
Refer a copy of the advice to Stuart Smith.
YES / NO

Contacts for telephone discussion (if required)


Name

Position
Telephone
1st contact
(work)
(a/h)
Jeff Orr
Chief Legal Counsel
04 494 9877
027 403 6096

Jason Frick
Vetting Co-ordinator
04 466 0312

Caitlin Melhuish
Policy Advisor
04 466 3423



Jason Frick
Vetting Co-ordinator Policy Group

Hon David Parker
Attorney-General
/ / 2020

4 February 2020

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Insurance (Prompt Settlement of Claims for Uninhabitable Residential Property) Bill

  1. We have considered whether the Insurance (Prompt Settlement of Claims for Uninhabitable Residential Property) Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).
  2. The Bill proposes to facilitate swift resolution of uninhabitable property claims lodged with insurance companies. The Bill aims to provide:
    1. a legal framework and parameters for when insurance companies must act by;
    2. an opportunity for the timeframe to be extended in extreme circumstances at the Minister’s discretion;
    1. a faster response and resolution for claimants;
    1. less stress and emotional burden for claimants affected by drawn out insurance claims; and
    2. clarity surrounding the claim process regarding targets and deadlines.
  3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel Office of Legal Counsel


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