The absence of insurable cover means that liability sits with the Crown.

To: The Treasury of New Zealand

Attn: Crown Risk, Insurance and Assurance

This email is provided as formal notice of uninsured Crown risk arising from enforcement conduct by Crown agencies.

We write to clarify that insurance cover has not been available in relation to the matters now under escalation, not because claims lacked substance, but because insurance placement has failed at a structural level.

Specifically:

– Brokers have been unable to place cover due to the inability to identify applicable syndicates or indemnity arrangements for the enforcement conduct in question.

– Lloyd’s has confirmed that it does not provide cover for these matters in New Zealand.

– As a result, losses arising from enforcement activity involving Police and transport enforcement are not insured through the market.

Despite this, enforcement activity has continued, including:

– interference with insured vehicles,

– coercive collection activity,

– escalation of fines without proof of claim,

– and Police attendance in circumstances giving rise to foreseeable harm.

The absence of insurable cover means that liability arising from this conduct necessarily sits with the Crown.

This notice is provided so Treasury is aware that:

– market insurance has declined,

– indemnity pathways are unclear or absent,

– and enforcement conduct is continuing in a manner that creates direct fiscal exposure.

We are preserving all rights and remedies.

This notice is issued for risk awareness and record purposes.

Regards,

T.L.

For the Private Trust (record-only)

Date: [today]