Community Patrols of New Zealand - Liability and Insurance

Vehicle Insurance

Patrollers in smaller communities, where there may be no police working late or during the night, mostly patrol in their own vehicles and remain covert. CPNZ has advice that there are no insurance issues with patrollers using private vehicles in this way, however CPNZ advises vehicle owners to let their individual insurer know and have it noted on their vehicle policy.

In larger centres patrollers usually drive sign written vehicles intended to help deter offending. Vehicles are either sponsored or owned by the patrol. It is the responsibility of the patrol to maintain up to date insurance of their vehicles.

There are insurance implications for under 25s driving any vehicle. Patrols allowing under 25s to drive must arrange insurance coverage.

CPNZ's trainer, C4 Group, cover "Health & Safety" in the "Certificate in Community Patrolling Level 1". It is useful for community patrols to have a member responsible for OSH (Occupational Safety and Health) to keep up to date and provide training on health and safety issues for the patrol.

CPNZ provides guidance for community patrols on including insurance in their Patrol Rules.

Generic Patrol Rule 4j

When using a vehicle - other than the Group’s vehicle - on patrol, members must ensure that it has a current warrant of fitness and registration certificate; and that they have a minimum of Third Party insurance. NAME Community Patrol will not accept any liability for damage to a private vehicle while used on patrol, and insurance of a Member’s private vehicle is the sole responsibility of the member.

Public Liability Insurance

CPNZ has negotiated an Association Liability policy and a Management Liability policy for itself and for affiliated member patrols. The policies have Public liability of $5 million and Professional liability of $2 million. Patrollers belonging to affiliated community patrols are covered if engaged in CPNZ activities and complying with guidelines.

Insurance covers:

• Public liability - provides protection against claims for compensation in respect of unexpected and unintended personal injury or property damage (not covered by ACC) for which there may be legal liability arising out of business activities.
• Professional liability - provides protection in respect of all civil liability arising from claims of negligence.

If community patrollers stay within guidelines, act voluntarily and in their own volition, they are unlikely to ever face a claim of negligence; however there are always unforeseen events that are impossible to anticipate and must be protected against.

Claims can be made by contacting the National Council in the first instance.

If a community patrol were to act outside guidelines, for instance, accept payment for protecting premises, its status in law and liability would change and the negotiated insurance cover may not apply, leaving the patrol on their own to face injury, damage, or negligence claims.

Working with Police

Police have a general responsibility for the safety of community patrollers but when patrollers are under the direction of police their safety becomes a police responsibility for the duration of that direction.

Police instructions require that police wanting to utilise a community patrol satisfy themselves the community patrol will be safe performing the particular task requested.

Community patrollers can, like all citizens, be called upon to assist police in an emergency and must assist within their ability.

Working for Police

Community patrollers are not police volunteers. A Police volunteer who suffers loss or damage to personal property as a result of personal injury or accident, not covered by the accident compensation scheme, may be compensated by police by way of an ex gratia payment in accordance with the merits of each case.

A community patrol that works exclusively under the control or direction of police may be affiliated to CPNZ but the safety of its members and any liability arising from members actions are the responsibility of police and would not be covered by CPNZ insurance.

Some community patrollers are in two kindred organisations, for example being both a community patroller and a Mäori Warden. While patrolling, the patroller may need to step out of the vehicle and perform the role of a Mäori Warden and while being a warden would no longer be covered as a community patroller.

Community patrollers are covered by the CPNZ insurance only while officially on duty, that is signed in with a Communications Centre.