Sole Trader Insurance NZ: What a One-Person Business Needs
Sole trader insurance is not one product. It is a set of business covers, usually public liability, professional indemnity, tools and equipment, and a vehicle policy, chosen to suit what you do. No general law requires a sole trader to hold any of them. Clients, landlords and platforms often ask for a current certificate, and without a company between you and a claim, the loss lands on you personally.
In short
- Start with the contract or client brief. The limit and cover types it names decide what you buy first.
- Public liability is for damage to other people's property. Professional indemnity is for losses caused by your advice or work product.
- Health and safety fines can never be insured.
What clients and landlords ask sole traders for
- A minimum limit named in the contract or tender
- A certificate of currency for the lease or venue
- Cover that matches the rules of your platform or franchise
- Rules from your licensing or membership body, if you have one
Damage on a client site
With no company in between, the claim lands on you personally.
Advice that cost a client
Public liability does not respond to a bad recommendation.
Stolen or dropped gear
Your laptop or toolkit is not covered by liability insurance.
Work in a personal car
A personal policy may not respond to business use.
Work out what to raise
Tick what applies to you
- I work on client sites or in their homes
Damage to a client's property lands on you personally.
Covers to raise: Public liability, Tools and equipment
- I sell advice, design, reports or IT work
Public liability does not respond to a bad recommendation.
Covers to raise: Professional indemnity
- I carry tools, a laptop or a camera
Covers to raise: Tools and equipment
- I use a car or van for work
A personal car policy may not respond to business use.
Covers to raise: Business vehicles
- I hold client data or pay suppliers by transfer
Covers to raise: Cyber
- A client, landlord or platform has asked for proof of cover
The contract usually names the limit and the cover type.
Covers to raise: Public liability
- I sell from a market stall or hired venue
Covers to raise: Public liability
- Someone helps me now and then
Tell the adviser, as it can change how the work is described.
Covers to raise: Public liability
What these covers do not pay
- Redoing your own faulty work. Damage it causes to someone else's property may be a different matter.
- Your own laptop or toolkit under a public liability policy.
- Advice or design errors under a liability policy. That is professional indemnity territory.
- Your own time off if you are sick. ACC covers injury within limits, not illness.
- Health and safety fines, which can never be insured (Health and Safety at Work Act 2015, s 29).
General information only. Whether a cover responds depends on the policy wording.
Which clause is in your contract?
Professional standard
You agree to work with reasonable skill and care, or to a named industry standard. If the work falls short, that is the test a client may use against you.
Covers to raise: Professional indemnity
What it does not decide: It does not decide whether a claim for falling short is covered. Professional indemnity wordings differ on what is excluded, such as guarantees, fee disputes and known issues.
Own tools and plant
The contract says you bring and look after your own tools, equipment or machinery, so damage or theft of them sits with you rather than the client.
Covers to raise: Tools and equipment, Business vehicles
What it does not decide: It does not decide whether those items are insured, on site or in a vehicle, or hired in. Contract works and public liability policies usually do not pick up your own tools.
Limitation of liability
A cap on what you could owe the client if something goes wrong, often tied to your fees or a set figure. It can also exclude certain losses such as lost profit.
Covers to raise: Professional indemnity, Public liability
What it does not decide: It does not decide what your insurance pays. A cap in the contract may sit below or above your policy limit, and some claims, such as personal injury, may fall outside it.
General information, not legal advice. The full clause and the policy wording decide how it applies.
Check your certificate of currency against the contract
Check the insured name, limit and dates match the contract. The policy wording, not the certificate, decides what is covered. How a certificate of currency works
What each cover may pay, and what it usually does not
Public liability
- May respond to
- Damage to other people's property or injury to a member of the public, plus legal defence costs.
- Common trigger
- Work on a client site, a stall, or a visitor to your premises.
- Usually not covered
- Your own faulty work, your own tools, and advice errors.
Professional indemnity
- May respond to
- A claim that your advice, design or report cost a client money.
- Common trigger
- A client disputes a recommendation, error or missed deadline.
- Usually not covered
- Physical damage to property, and claims first made outside the policy period.
Tools and equipment
- May respond to
- Loss or damage to your own tools, laptop or camera.
- Common trigger
- Theft, accidental damage or fire.
- Usually not covered
- Wear and tear, and some theft from unattended vehicles unless the wording allows it.
Business vehicles
- May respond to
- Damage to a vehicle used for work, and liability to others on the road.
- Common trigger
- A crash or theft while the vehicle is on a job.
- Usually not covered
- Use outside what the policy describes, such as carrying paying passengers on a personal policy.
Cyber
- May respond to
- Costs after a data breach or fraud, depending on the wording.
- Common trigger
- A phishing email, ransomware or lost client data.
- Usually not covered
- Losses from poor security the policy excludes, and upgrades to your systems.
If something goes wrong
A hidden pipe
A sole trader drilling into a client's wall hits a concealed water pipe and floods the room below.
May respond: Public liability
Have ready
- Photos of the damage and the site
- The job quote and invoice
- Your policy schedule
- The name and contact of the client
A report that cost a client
A consultant's report contains an error, and the client says it led to a costly decision.
May respond: Professional indemnity
Have ready
- The signed brief or contract
- The report and any drafts
- Emails with the client
- The date you first heard of the complaint
Gear taken from the van
A tradesperson's toolkit is stolen from a parked van overnight.
May respond: Tools and equipment, Business vehicles
Have ready
- A police report
- Receipts or a list of the tools
- Photos of the vehicle and any forced entry
- Where the van was parked and whether it was locked
A phishing payment
A fake email changes a supplier's bank details and one payment goes to the wrong account.
May respond: Cyber
Have ready
- The original and fake emails
- Your bank's records of the transfer
- Screenshots of anything unusual
- A note of who had access to the account
Typical examples, not real claims. ACC deals with most injuries, so an injury claim is mostly about property and legal costs. Whether a claim is paid depends on the policy wording and the facts.
Why working alone changes the question
A sole trader and the business are the same legal person. If a client claims against the business, they are claiming against you. Our business insurance guide covers how structure affects it.
So the question is "what could one bad job cost me, and who pays?" A bookkeeper in a spare room and a mobile mechanic with a van are very different answers.
Working from home does not make the risk smaller. A home and contents policy usually excludes business equipment and client liability, so tell your insurer, and see home business insurance.
Do sole traders have to be insured?
Not by a general rule. Check these instead:
- Your contract or tender. Main contractors, councils and corporate clients often name a minimum limit.
- Your lease or venue hire. Landlords and market organisers commonly ask for a certificate.
- Your platform or franchise agreement. Some set their own requirements.
- Your licensing or membership body. Read its rules rather than assuming.
Being self-employed does not remove your health and safety duties. The Health and Safety at Work Act 2015 covers a person conducting a business "alone or with others" (section 17), and fines under the Act cannot be insured (section 29).
The covers a sole trader usually looks at
Public liability
Pays when you are legally liable for damage to someone else's property, or injury to a member of the public, plus legal defence costs. Because ACC bars most compensation claims for personal injury, NZ claims are mostly about property. See the public liability guide.
Professional indemnity
Responds when a client says your advice, design, report or error cost them money. Check the claims-made wording. See the professional indemnity guide.
Tools and equipment
Liability insurance does not cover your own laptop, camera or toolkit. See tool insurance, and ask about theft from an unattended vehicle.
Vehicle, cyber and the rest
A personal car policy may not respond to business use: business vehicle insurance. If you hold client data or pay by bank transfer, see cyber insurance. Statutory liability can contribute to defence costs but not health and safety fines, and business interruption has a narrow trigger.
What is usually not covered
Policies vary, so read the wording. Common exclusions:
- Your own faulty work. Redoing a job is generally excluded. Damage it causes to someone else's property may be covered.
- Advice under a liability policy. That is professional indemnity territory.
- Your own injury or time off. ACC covers injury, within limits. It does not pay for illness or a client's claim. See the ACC levy guide for the self-employed.
- Work outside the described business. Tell your insurer when you add a service.
- Liability you accepted by contract. Policies can exclude it.
Your income if you are sick or hurt is a separate decision: income protection for the self-employed, contractor insurance and business protection.
Starting points by type of sole trader
| If you are | Questions to start with |
|---|---|
| A tradesperson on client premises | Public liability limit in the subcontract, tools, van. See tradie insurance |
| A consultant, designer or IT contractor | Professional indemnity wording and limit, cyber, laptop cover |
| A mobile service such as cleaning or grooming | Public liability at client sites, equipment, vehicle |
| A stallholder or market seller | Venue certificate, stock and stall equipment |
| A gig or platform worker | What the platform covers. See gig economy insurance |
Getting a certificate your client will accept
Clients want a certificate of currency showing the policy type, limit and period. Have ready the insurance clause from the contract, a plain description of what you do, your turnover estimate, whether you use subcontractors, and any previous claims. Send the clause early, because underwriting time depends on the insurer.
How we help
A Smiths adviser will phone you to talk through which covers to look at. Some business covers we refer to another licensed Financial Advice Provider, and we will tell you who, and how they are paid, before your details go to that firm. That firm may charge fees. Smiths Insurance & KiwiSaver may receive a commission or referral payment if you buy. Cover and price depend on insurer underwriting and the policy wording. Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931).
Use the form at the top of this page and choose your business type. The adviser starts from what your contract asks for.
Frequently Asked Questions
Do I need insurance as a sole trader in NZ?
No general law says so. Contracts, landlords, venues and some professional bodies often do, and a claim would fall on you personally.
Is public liability or professional indemnity better for a sole trader?
They cover different claims. Public liability is for property damage and injury to others. Professional indemnity is for financial loss from your advice or errors. Some businesses need both.
Can I insure myself as a sole trader if I work from home?
Home-based work can still need liability and equipment cover, especially if clients visit or you hold their data. Your home and contents policy may not cover business use, so ask your insurer.
Can I claim sole trader insurance as an expense?
Generally, liability and property covers are treated as business running costs, but life-type cover is treated differently. Check with your accountant or Inland Revenue.
References
- Health and Safety at Work Act 2015, ss 17, 29, 36 (legislation.govt.nz)
- Accident Compensation Act 2001, s 317 (legislation.govt.nz)
- ACC, What we cover
- WorkSafe New Zealand, Health and safety law
- Business.govt.nz, Types of insurance
- Business.govt.nz, Insurance cover for contractors
- Insurance Council of New Zealand (ICNZ)
Related industries
Protect the people behind the business
Liability cover protects the business from claims. If you or a business partner could not work, or died, key person and shareholder cover can help keep the business, and your family, going.
- Key person cover, if the business relies on you
- Shareholder cover, so partners can buy each other out
- Income protection for owners and the self-employed
Start from what your contract asks for
A licensed Smiths adviser phones you and asks what you do, who you work for and what the contract asks you to carry. If we refer you to another licensed firm, we tell you who first. Smiths Insurance & KiwiSaver may receive a commission or referral payment if you buy.
A licensed Smiths adviser phones you. If we refer you to another licensed firm we tell you who first and how they are paid.
Read the full insurance guides
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