First, the responding policy is the Chubb ForeFront New Zealand Policy Wording Policy Number: NZDAOA09893 Friday, 23 February 2024.
Secondly, the concept of the safe harbour for volunteers is founded in the definition of Volunteer and Volunteer workers - this protection is extensive. In short volunteers should not be at risk at all provided it is clear that they have not stepped over that invisible boundary of being a volunteer.
Thirdly , volunteer associations, such as Rotary, also have safe harbour protection under Section 17(2, provided the organisation does not fall within the PCBU definition provided there are no persons employed (either by employment contract or contractor agreement ) by the volunteer organisation or remains a volunteer as define. Please use the systems provided to register your volunteers.
"....volunteer means a person who is acting on a voluntary basis (whether or not the person receives out-of-pocket expenses)"
Finally, apart from the provisions in Section 29 of the Health and Safety at Work Act 2015 (which I have reproduced in full below) the policy wording does provide cover for fines for "Insured Persons" as defined in the general conditions under clause 7 and Insured Persons does include volunteers under Clause 60 up to the limit which is $1,000,000.
29. Insurance against fines unlawful
(1) To the extent that an insurance policy or a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine or infringement fee under this Act,—
(a) the policy or contract is of no effect; and
(b) no court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under sections 75 to 82 of the Contract and Commercial Law Act 2017 or otherwise.
(2)A person must not—
(a) enter into, or offer to enter into, a policy or contract described in subsection (1); or
(b) indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or
(c) be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an infringement fee under this Act; or
(d) pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
(3)A person who contravenes subsection (2) commits an offence and is liable on conviction,—