Non-Executive Directors

Non-executive directors (NEDs) in New Zealand often sit on multiple boards and may not be covered adequately by a company's own D&O policy — particularly if the company becomes insolvent or cancels cover. NEDs face the same legal duties as executive directors but have less control over day-to-day operations. Having your own personal D&O coverage provides protection that is entirely independent of the company.

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Key Risks for Non-Executive Directors

⚠Claims arising after company insolvency (no company funds for defence)
⚠Conflicts between multiple board roles
⚠Regulatory actions by the FMA or Commerce Commission
⚠Shareholder class actions
⚠Reliance on inaccurate management information

Recommended Cover

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Directors & Officers (D&O)

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Professional Indemnity

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Non-Executive Directors — FAQs

You should be, but company policies can have gaps, and if the company becomes insolvent the policy may be unavailable. Personal 'Side A' D&O cover ensures you are always protected regardless of what happens to the company.

Yes. Personal D&O policies (sometimes called 'personal liability' or 'Side A only' policies) can be taken out by individual NEDs and provide cover that follows you across all your board roles.

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