# CL-H-09: The repairs paid for by my insurer are finished, but the house still has damp patches. Who has to put this right?

Collected 11 October 2026

[Home and contents insurance study](https://nzbrands.ai/research/insurance/home-contents-insurance)

## ChatGPT

Answer ID: efb5b010-28a3-46bf-96a8-2cb70f0b1584

In New Zealand, if your insurer arranged and paid for the repairs, your insurer is generally the first party you should contact if damp patches remain after the work is finished. You shouldn't have to work out on your own whether the problem is the insurer's responsibility or the builder's.

Consumer Protection New Zealand says that when an insurance company organises repairs and you're unhappy with the result, it is the insurer's responsibility to coordinate with the tradespeople to ensure the work meets a professional standard. [Insurance](https://www.consumerprotection.govt.nz/help-product-service/managing-money/insurance)

## Who is responsible for putting it right?

It depends on what is causing the dampness.

- The repairs were inadequate: If water is still getting in because the insured repairs were incomplete or defective, contact your insurer and ask them to arrange an inspection and put the problem right.
- The builder or repairer did defective work: The insurer should generally coordinate with the repairer if it arranged the work. Building law also provides protections for defective residential building work, including a 12-month defect repair period after completion. [Once building work finishes](https://www.building.govt.nz/getting-started/your-rights-and-obligations/homeowner-rights-and-obligations/know-your-rights-consumers/once-building-work-finishes)
- There is a separate or previously unidentified source of moisture: For example, a leaking pipe, roof leak, faulty drainage or rising damp. Responsibility will depend on the cause, your policy and whether the problem is covered by the original claim or a new claim.

Importantly, the fact that the repair job has been signed off does not, by itself, establish that the dampness has been properly resolved.

## What I recommend you do now

1. Photograph the damp patches and record when you first noticed them. Keep copies of the repair documents, reports and correspondence.
2. Write to your insurer, explaining that the repairs are complete but the house remains damp. Ask them to arrange a prompt inspection to identify the moisture source and confirm in writing who will remedy it.
3. Ask for a moisture assessment, not just repainting or treating the visible patches. The underlying source needs to be identified and fixed.
4. Keep the affected areas ventilated where possible and avoid covering up the damp before it has been assessed. If the dampness is spreading or there is a risk of further damage, tell your insurer immediately.

You could write:

Email

Subject
:   Request for inspection and rectification of ongoing dampness after insurance repairs

Kia ora,

The insurance-funded repairs to my home have been completed, but damp patches remain. I am concerned that the underlying moisture problem has not been resolved.

Please arrange an inspection to establish the cause of the dampness and confirm what further work is required to put it right. I would also like written confirmation of who is responsible for carrying out and paying for any necessary remedial work.

Please treat this as an ongoing concern with the outcome of my insurance claim and advise me of the next steps and expected timeframe.

I have photographs of the affected areas and can provide these if required.

Ngā mihi, [Your name]

## What if the insurer refuses to help?

- If your insurer does not resolve the issue, make a formal complaint through its complaints process. You can then approach its independent dispute resolution scheme. [Making a complaint about your financial service provider](https://www.consumerprotection.govt.nz/help-product-service/managing-money/how-to-complain-about-your-financial-service-provider)[Complain about your financial services provider](https://www.govt.nz/browse/consumer-rights-and-credit-record/how-to-complain/complain-about-your-financial-services-provider/)
- If the original claim relates to flooding, an earthquake or another natural disaster, the government-funded [New Zealand Claims Resolution Service](https://www.nzcrs.govt.nz/) provides free independent support, including access to legal and technical advice. Call 0508 624 327. [Who we are](https://www.nzcrs.govt.nz/about-us/who-we-are/)[Who can access the NZCRS](https://www.nzcrs.govt.nz/how-we-work/who-can-access-the-nzcrs/)

## One important question

What caused the original insurance repairs?

For example, was it flooding or storm damage, a leaking roof or pipe, or something else? That will help me explain more precisely whether the insurer, the builder or another party is likely to be responsible for the remaining dampness.

## Gemini

Answer ID: af391d07-7dd9-4376-977d-95213623953e

If insurance-funded repairs have just been completed and you are still seeing damp patches, **your insurance company is ultimately responsible** for ensuring the issue is put right. 

### Why Your Insurer is Responsible
* **The Contract is with the Insurer:** When an insurance company manages and pays for repairs, the legal contract for those services is between the **insurer and the repairer/builder**, not you. You do not have a direct commercial contract with the sub-contracted builders, which means the responsibility sits squarely back with the insurer who engaged them.
* **The Duty to Reinstate:** Under standard New Zealand insurance policies, the insurer’s obligation is to fully reinstate the property to the condition it was in before the insured event occurred. If damp patches remain, the damage has not been successfully or fully repaired.

---

### Recommended Next Steps

1. **Contact Your Insurer Immediately:** Log a formal complaint or warranty claim with your insurance claims manager. Advise them that the completed repairs have failed and that moisture or dampness is still present. 
2. **Provide Evidence:** Take clear photographs and, if possible, keep a log of the damp patches. If you can, note whether they worsen after rain, which can help pinpoint if it is a weathertightness or plumbing failure.
3. **Request an Independent Inspection:** If the insurer or their original builder claims the dampness is unrelated or "normal," you have the right to challenge this. You can request that an independent, qualified building surveyor or waterproofing specialist inspect the home.
4. **Escalate the Dispute (if necessary):** If your insurer refuses to fix the issue or drags their feet, you can take the matter to **Financial Services Complaints Limited (FSCL)** or the **Insurance & Financial Services Ombudsman (IFSO) Scheme**. Both are free, independent dispute resolution services available to New Zealand consumers for insurance-related complaints. 

Are the damp patches appearing in the exact same area that was originally damaged, or is this a new location?

## AI Overviews

Answer ID: 705cd387-0238-4292-b508-761cfeb38894

**Who is responsible for putting this right depends entirely on how your insurance repairs were managed and what is causing the dampness.** Under New Zealand insurance standards, responsibility typically falls into one of three categories:

1\. If the Insurer Managed the Repairs

If your insurance company chose, contracted, and paid the project managers or builders directly, **the insurer is responsible** for resolving the issue.

 * **Why:** When insurers run a managed repair program, they take on the legal responsibility to ensure the work is completed safely, complies with the Building Code, and effectively reinstates the property to its policy-defined standard.

 * **The issue:** The dampness could mean the builders failed to thoroughly dry out the framing cavity before putting up new wall linings, which can lead to structural deterioration and dangerous mould.

 * **What to do:** Do not contact the builder directly. File a formal complaint through your insurer’s **internal complaints process** and state that the remediation was inadequate.

2\. If You Opted for a Cash Settlement

If you accepted a cash payout from the insurer and hired your own tradespeople to complete the work, **you and your contractor are responsible**.

 * **Why:** A cash payout generally acts as a "full and final" settlement of the claim, transferring the project risk to you.

 * **What to do:** You must address this directly with the builder you hired. You are legally protected under the **Consumer Guarantees Act (CGA)** , which mandates that building services must be carried out with reasonable care and skill. If they failed to dry the home properly before finishing, they must remedy the substandard work.

3\. If It is a New, Unrelated, or Gradual Issue

If the damp patches are completely unrelated to the original event that triggered your claim—or if they are caused by a separate, slow-leaking pipe—**you may have to cover it yourself, or lodge a separate claim**.

 * **Why:** Standard New Zealand home policies cover "sudden and accidental" damage. They explicitly exclude gradual damage, wear and tear, or systemic maintenance issues like mould and rot.

 * **Exception:** If the dampness is a newly discovered hidden leak from an internal pipe, check if your policy includes a **"Hidden Gradual Damage" extension** , which typically provides limited coverage between $2,000 and $10,000 to fix the resulting damage.

* * *

📋 Recommended Next Steps

 1. **Review your paperwork:** Check your policy wording and settlement documents to confirm if the repairs were officially classified as an insurer-managed build or a cash settlement.

 2. **Document everything:** Take clear photos of the damp patches and note down when they appeared.

 3. **Escalate if needed:** If the insurer managed the build and refuses to fix the issue, you can escalate your dispute to a free independent resolution service like the Insurance & Financial Services Ombudsman Scheme (IFSO) or Financial Services Complaints Ltd (FSCL), depending on which scheme your provider belongs to.

To help point you in the exact right direction, **how was your repair managed** (did the insurer pay the builder directly, or did you receive a cash settlement)? Also, do you know **what is causing the dampness** (e.g., leftover moisture from a flood, or a leaking pipe)?

## Google AI Mode

Answer ID: 22ab1b4b-519d-456f-b5bb-a166a7bd776b

If your insurer managed and paid for the repairs (i.e., they chose and contracted the builders or tradespeople), **your insurer is generally responsible** for making sure the job is completed properly and to a standard that meets your policy terms and the New Zealand Building Code.

How responsibility breaks down and what steps you should take depends on how the repair was structured:

 * * **Insurer-Managed Repairs:** If the insurer contracted the builder/repairer directly, your contract is with the insurer to deliver indemnified/repaired property. If damp patches remain, the work is incomplete or defective. You should go back to your insurer rather than chasing the subcontractor yourself. [Insurance & Financial Services Ombudsman Scheme]

 * **Cash Settlement:** If your insurer gave you a cash payout and you chose and managed the contractors yourself, the responsibility falls on you and the specific tradespeople you hired. In this case, recourse for poor workmanship is handled directly with the builder or via the Disputes Tribunal under the Consumer Guarantees Act.

 *

Recommended Steps to Put It Right

 1. **Contact Your Insurer Immediately:** Notify them that the repairs are unsatisfactory and that damp patches persist. Request a re-inspection. [Insurance & Financial Services Ombudsman Scheme]
 2. **Review Your Policy and Scope of Works:** Check the original "scope of works" agreed upon with the insurer to verify if the underlying cause of the dampness (such as an unresolved leak or inadequate waterproofing) was supposed to be fixed.
 3. **Use the Insurer’s Internal Complaints Process:** If they claim the job is finished or try to reject responsibility, lodge a formal complaint with your insurer's internal dispute resolution service. [Insurance & Financial Services Ombudsman Scheme]
 4. **Escalate to an Ombudsman Scheme:** If the insurer refuses to fix the issue and you reach a deadlock, you can take the complaint to the free independent dispute resolution scheme your insurer belongs to, such as the [Insurance & Financial Services Ombudsman (IFSO)](https://www.ifso.nz) or Financial Services Complaints Ltd (FSCL).

To help narrow down the next move, do you know if:

 * The insurer **arranged and paid the builders directly** , or did they **give you a cash payout**?
 * Have you already **signed a final sign-off or release form** for the repairs?