Official Information Request - 31 December 2019 (Insurance)

Sent: Wednesday, 22 January 2020 1:38 pm

Subject: Official Information request - Council public liability insurance

I refer to your online Official Information request of 31 December 2019 requesting copies of Council's public liability insurance policy certificates, in particular regarding 'pollution liability', 'policy enhancement' and 'schedules of exclusions'.

Please find attached a copy of Rotorua District Council's Combined General & Products Liability Certificate.

Council's Public Liability policy provides cover (subject to the terms and conditions of the policy) for amounts which the Council is found legally liable to pay to other parties in respect of property damage or personal injury.

The policy includes the following exclusion in relation to pollution:

"The Insurer(s) shall not indemnify the Insured for any claim in respect of or alleging:

Pollution

Personal Injury or Property Damage, including Costs and Expenses incurred in the prevention, removing, nullifying or clean-up, arising out of the discharge, dispersal, release or escape of Pollutants into or on land, the atmosphere, or any watercourse or body of water, unless the discharge, dispersal, release or escape is sudden, identifiable, unexpected and unintended from the standpoint of the Insured and takes place in its entirety at a specific time and place."

For clarification, the policy also defines 'Pollutants'

"Pollutants means:

Any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to smoke, vapour, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed."

The policy makes no mention of electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment.

You have the right to seek an investigation and review by the Ombudsman of this decision. Complaints can be sent by email to info@ombudsman.parliament.nz, by fax to (04) 471 2254, or by post to The Ombudsman, PO Box 10152, Wellington 6143.

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters' personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz .

Regards