ESNZ has an insurance policy with AON which covers the activities of the national organisation, its officials, members and disciplines. The cover provided is as follows:
- Public Liability
Cover against your Legal liability against claims for compensation in respect of unexpected and unintended personal injury or property damage arising out of their business activities within New Zealand only.
Business Activities
Equestrian Events
Sum Insured
$10,000,000
Extensions
Forest & Rural Fires Act – $1,000,000
Excess
$1,000 each and every claim (with excess to be paid by the area group/club or OC)
- Statutory Liability
Statutory Liability Insurance is designed to provide cover to the society and its trustees, officers and employees for defence costs and fines/penalties* in respect of unintentional breaches of almost all Acts of New Zealand Parliament, with the exception of the Health & Safety at Work Act where the policy covers defence costs and reparation orders (this Act expressly prohibits insurance for fines and penalties).
* No cover is provided in respect of civil proceedings (defence costs or civil penalties (pecuniary penalties)). Note, depending on the circumstances and subject to policy terms and conditions cover may apply to official investigations.
Business Activities
Equestrian Events
Sum Insured
$1,000,000 per event and in the annual aggregate
Excess
$500 each and every claim (with excess to be paid by the area group/club or OC)
Simply complete the Vero Liability proposal and e-mail it to [email protected] and we will organise details including certificates to be e-mailed back.
You cannot insure against fines if you get prosecuted. So, for example if ESNZ was prosecuted for a breach of the health and safety laws, the organisation cannot claim insurance for the amount of the fine. It can claim for the legal fees and settlements but not the fines.
Area groups that are incorporated societies are also not covered – more on this later in the FAQ.
The area group/club or OC who is lodging the insurance claim is liable for paying the excess.
Not specifically, most disciplines have an annual calendar of events which sets out the “official” events for the season.
Over the past few years, New Zealand’s legislation has undergone numerous changes particularly relating to the operations of societies (for example – Trustees Act, Health & Safety in Employment Act). Insurance companies are not prepared to offer any level of cover to a separate legal entity they are unaware of and which hasn’t disclosed what activities they are actually undertaking. This will only lead to frustration and disappointment in the event of an issue occurring for both the individual society and ESNZ.
If your group is an incorporated society, please contact Danielle at AON [email protected]
AON and ESNZ are looking to put together a group policy to offer cover to separate legal groups that want to run equestrian events.
Yes, equestrian organising committees can sign up to the group policy by filling in the forms and liasing with AON. The forms can be found on the ESNZ website under the following link: Group-Policy-Proposal-Form.pdf (nzequestrian.org.nz)
The forms look daunting but you don’t need to worry, just fill in as much as you can and get in touch with the friendly staff at AON and they will assist with the rest and send the details to us for invoicing.
Aon New Zealand, Hastings 313 Karamu Road North, Hastings 4122
t: +64 6 873 0430 E: [email protected] | www.aon.com
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It would be reasonable to accept that by taking advantage of this initiative your group or entity agrees to abide by ESNZ rules and general regulations as well as any discipline rules and expectations. This might include collection and payment of ESNZ and discipline levies where applicable.
If you have any questions about the rules they can all be found on the ESNZ website here.
But you can check with ESNZ staff at any time for clarification.
ESNZ is of the view that all events should have public and statutory liability cover as if something happens at one of your events ESNZ may also be implicated as we provide the officials, the rules and the general operating environment.
If you choose not to have insurance it will be for ESNZ and your discipline board to determine if your competition will be “unsanctioned” under Article 105 of the ESNZ General Regulations. This is not something we would do lightly but ESNZ has an obligation to its members to protect them from financial and reputational risk.
If your event was unsanctioned ESNZ officials and rules would not be able to be used, riders’ results would not be recorded and no FEI qualifications could be awarded. Any ESNZ or FEI Official officiating at an unsanctioned event may be liable for penalty as has recently happened in Europe with Jumping Officials. We do not want to go down this path.
You would also need to advise your competitors, volunteers and officials that your event has no insurance cover.
If you have a question that is not answered here please contact ESNZ Finance.