Weathertight Homes Resolution Services Act 2006

Reprint as at 15 March 2016

Coat of Arms of New Zealand

Weathertight Homes Resolution Services Act 2006

Public Act
 
2006 No 84
Date of assent
 
18 December 2006
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purpose of this Act
4Overview of this Act
5Overviews of types of claims
6Owner claims: other relevant procedural provisions
7Representative claims in respect of multi-unit complexes: other relevant procedural provisions
8Interpretation
9How claim is brought under this Act
10How claim becomes eligible claim
11Act binds the Crown
12Assistance and guidance for claimants and respondents
13Criteria for eligibility of claims for mediation and adjudication services
14Dwellinghouse claim
15Claim in respect of single dwellinghouse in multi-unit complex that is not stand-alone complex
16Multi-unit complex claim
17Common areas only claim
18Claim in respect of 1 or more dwellinghouses in stand-alone complex
19Representative claims in respect of dwellinghouses in multi-unit complexes
20Representative claims in respect of common areas only in multi-unit complexes
21Representative claims in respect of dwellinghouses in stand-alone complexes
22How authority to bring representative claims in respect of dwellinghouses in multi-unit complexes to be obtained
23How administrative decisions relating to representative claims in respect of multi-unit complexes to be made
24Act does not generally limit or affect certain matters
25Voting provisions not to affect validity of unit title rules [Repealed]
26Adding further owners to representative claims in respect of multi-unit complexes or stand-alone complexes
27How addition under section 26(1) or (2) effected
28Withdrawal of authority
29Notifying changes of ownership after claim brought in respect of dwellinghouses in multi-unit complex or stand-alone complex
30Application of Act to representative claims in respect of multi-unit complexes or stand-alone complexes
31Assessors
32Application for assessor’s report
33Restriction if assessor’s report prepared for claim brought in respect of dwellinghouse by former owner
34Requirements for application under section 32(1)(a)
35Requirements for application under section 32(1)(b)
36Statutory declarations required
37Application of Limitation Act 2010 to applications for assessor’s report, etc
38Assessor’s reports are eligibility reports or full reports
39Assessor’s reports not to be done in certain cases
40Eligibility report does not generally prevent claimant applying for and obtaining full report on same claim
41Eligibility assessor’s report
42Full assessor’s report
43Full report does not cover eligibility of claim if eligibility report obtained states that claim is eligible
44Copy of assessor’s report must be given to claimant
45Claimant may make submission on assessor’s report stating that claim does not meet eligibility criteria
46Assessor who suspects claim must be terminated must advise chief executive and cease preparing report
47Assessment may be abandoned if inspection and testing not possible
48Chief executive to evaluate assessor’s reports
49Reconsideration of chief executive’s decision
50What remedies may be claimed
51Overview of procedures for lower-value claims
52Chief executive must terminate certain claims if situation alters
53Tribunal must terminate claims in certain circumstances
54Application of section 37 if claim terminated under section 52(4) or 53(4)
55Termination of claim where ownership changes
56Termination of claims not pursued
57Adjudications to be managed to achieve purpose of Act
58Aims in relation to adjudication of lower-value claims
59Procedure for adjudication of lower-value claims
60Right to apply for adjudication of claims
61Effect on other dispute resolution procedures
62How to initiate adjudication
63Status and effect of adjudication proceedings under other enactments
64Assignment of member to act as tribunal
65Preliminary conferences
66Response to adjudication claim
67Withdrawal of claim from adjudication
68Parties may be represented at adjudication proceedings
69Adjudication proceedings usually to be in public
70Protection and privileges of witnesses
71Privileges and immunities of counsel
72Matters tribunal may determine in adjudicating claim
73Powers of tribunal in adjudication proceedings
74Parties’ failures to act do not affect tribunal’s powers to determine claim
75Tribunal may draw inferences from parties’ failures to act and determine claim based on available information
76Further provisions in Part 2 of Schedule 3
77Mediation services
78Independence of mediation personnel
79Other mediation services
80Access to mediation services
81Procedure in relation to mediation services
82Time-frames for mediation
83Chief executive may for certain lower-value claims allow longer maximum period of mediation
84Confidentiality
85Settlements
86Use of settlements for research, education, etc
87Enforcement of terms of settlement agreed or authorised
88Mediation services not to be questioned as being inappropriate
89Tribunal’s determination: timing
90Tribunal’s determination: substance
91Costs of adjudication proceedings
92Tribunal’s determination: form
93Right of appeal
94Procedure for commencing appeal
95Determination of appeal
96Effect of appeal on tribunal’s determination
97Duty to comply with tribunal’s determination
98Enforcement of tribunal’s determination
99Records of adjudication
100Adjudication determinations to be made available
101Weathertight Homes Tribunal established
102Exercise of powers of tribunal
103Appointment of members of tribunal
104Conflicts of interest
105Members not compellable witnesses
106Manner of provision of adjudication services
107Chair may delegate duties
108Registrar and other staff of tribunal
109Termination of proceedings by tribunal
110Consolidation of adjudication proceedings
111Joinder of parties
112Removal of party from proceedings
113Questions of law may be referred to High Court
114Practice directions
115Offences
116Person in contempt of tribunal may be excluded from proceedings
117Service of notices
118Mediator or tribunal may decline to deal with claim
119Transfer of claim to court
120Transfer of proceedings from court
121Transfer of proceedings from arbitration
122Exclusion of liability
123Regulations
124Notifications to territorial authorities for land information memorandum purposes
125Rules of Court: District Courts
125APurpose of this Part
125BInterpretation
125BAMeaning of qualifying claimant
125BBEligibility for financial assistance measures
125CApplication for financial assistance measures
125DDeadline for application for financial assistance measures
125EAssessors may prepare concise assessor’s report relating to application for financial assistance measures and provide other advice or recommendation
125FProtection from liability
125GRestriction on naming or joining contributing party or additional contributing party as defendant or third or subsequent party in certain civil proceedings, or otherwise seeking remedy or relief from them
125HEffect of contribution agreement on civil proceedings relating to dwellinghouse
125IMinister may give guarantee or indemnity
125JMinister of Finance may specify types of financial institutions and criteria
125KMinister of Finance may specify terms and conditions of guarantees or indemnities
125LRecovery of money paid under guarantee or indemnity
125MPayments in respect of guarantee or indemnity
126Repeal of former Act
127Consequential amendments
128Categories of claims under former Act
129Claims to which this subpart applies
130How Part 1 applies to claim
131Making submission to chief executive if assessor thinks claim does not meet eligibility criteria
132Lower-value claims provisions apply to claim
133Provisions that apply instead or as well if claim relates to dwellinghouse, etc, in multi-unit complex
134Claims to which this subpart applies
135How Part 1 applies to claim
136Mediation fee paid may be applied to adjudication fee
137Lower-value claims provisions do not apply to claim
138Consolidation of adjudication of claims relating to multi-unit complexes
139Availability of wider remedies in adjudication
140Claim history must be notified to territorial authorities for land information memorandum purposes
141New claim in respect of same dwellinghouse, etc, in multi-unit complex
142Claims to which this subpart applies
143How Part 1 applies to claim
144Consolidation of mediation of claims relating to multi-unit complexes
145Availability of wider remedies in mediation
146Sections 136 to 141 apply to claim
147Claims to which this subpart applies
148Claim may continue under former Act or be withdrawn
148AHow former Act modified for section 148(1)
149Who deals with claims to which section 148 applies
150Owner of dwellinghouse not in multi-unit complex may apply to have withdrawn claim adjudicated by tribunal
151How Part 1 applies to adjudication of withdrawn claim in respect of dwellinghouse not in multi-unit complex
152Exceptions to sections 151 and 154
153Dwellinghouse or common areas in multi-unit complex
154How Part 1 applies to adjudication of withdrawn claim under former Act in respect of multi-unit complex
155How Part 1 applies to new claim in respect of same dwellinghouse, etc, in multi-unit complex
156Chief adjudicator to be taken to have been appointed as chair on day after assent
157Chair’s role before transition date
158Chief adjudicator before and after transition
159Powers of appointment not limited or affected
160Appointment of tribunal members and officers, etc, after enactment but before transition date
161Validation of clauses 1B and 1C of 2011 Gazette notice
162Certain decisions not invalid because of lack of agreement by participating territorial authority
163Certain applications continue on basis of law as amended
164Amendments to 2011 Gazette notice
165Meaning of affected claimant
166Affected claimants deemed to have eligible claims
Reprint notes