New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 23 July 2011
| Public Act | 2006 No 84 |
| Date of assent | 18 December 2006 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Building and Housing.
Part 1
Weathertight homes resolution services
Subpart 1—Purpose, overviews, and other preliminary provisions
5 Overviews of types of claims
6 Owner claims: other relevant procedural provisions
7 Representative claims in respect of multi-unit complexes: other relevant procedural provisions
9 How claim is brought under this Act
10 How claim becomes eligible claim
12 Assistance and guidance for claimants and respondents
Subpart 2—Eligibility criteria
13 Criteria for eligibility of claims for mediation and adjudication services
15 Claim in respect of single dwellinghouse in multi-unit complex that is not stand-alone complex
18 Claim in respect of 1 or more dwellinghouses in stand-alone complex
Subpart 3—Procedure for representative claims in respect of multi-unit complexes
Types of claims in respect of multi-unit complexes
19 Representative claims in respect of dwellinghouses in multi-unit complexes
20 Representative claims in respect of common areas only in multi-unit complexes
21 Representative claims in respect of dwellinghouses in stand-alone complexes
Authorising and making decisions on claim under section 19 or 20
22 How authority to bring representative claims in respect of dwellinghouses in multi-unit complexes to be obtained
23 How administrative decisions relating to representative claims in respect of multi-unit complexes to be made
24 Act does not generally limit or affect certain matters
25 Voting provisions not to affect validity of unit title rules [Repealed]
Changes in owners involved in claim under section 19 or 21
26 Adding further owners to representative claims in respect of multi-unit complexes or stand-alone complexes
27 How addition under section 26(1) or (2) effected
29 Notifying changes of ownership after claim brought in respect of dwellinghouses in multi-unit complex or stand-alone complex
How Act applies to claims under section 19, 20, or 21
30 Application of Act to representative claims in respect of multi-unit complexes or stand-alone complexes
Subpart 4—Assessment and evaluation of claims, remedies, lower-value claims, and termination of claims
Assessment and evaluation of claims
32 Application for assessor's report
33 Restriction if assessor's report prepared for claim brought in respect of dwellinghouse by former owner
34 Requirements for application under section 32(1)(a)
35 Requirements for application under section 32(1)(b)
36 Statutory declarations required
37 Application of Limitation Act 2010 to applications for assessor's report, etc
38 Assessor's reports are eligibility reports or full reports
39 Assessor's reports not to be done in certain cases
40 Eligibility report does not generally prevent claimant applying for and obtaining full report on same claim
41 Eligibility assessor's report
43 Full report does not cover eligibility of claim if eligibility report obtained states that claim is eligible
44 Copy of assessor's report must be given to claimant
45 Claimant may make submission on assessor's report stating that claim does not meet eligibility criteria
46 Assessor who suspects claim must be terminated must advise chief executive and cease preparing report
47 Assessment may be abandoned if inspection and testing not possible
48 Chief executive to evaluate assessor's reports
49 Reconsideration of chief executive's decision
Remedies that may be sought by claimants
50 What remedies may be claimed
51 Overview of procedures for lower-value claims
52 Chief executive must terminate certain claims if situation alters
53 Tribunal must terminate claims in certain circumstances
54 Application of section 37 if claim terminated under section 52(4) or 53(4)
55 Termination of claim where ownership changes
56 Termination of claims not pursued
Subpart 5—Adjudication of claims
Nature of adjudication proceedings, and aims and procedure for lower-value claims
57 Adjudications to be managed to achieve purpose of Act
58 Aims in relation to adjudication of lower-value claims
59 Procedure for adjudication of lower-value claims
Adjudication and other dispute resolution procedures
60 Right to apply for adjudication of claims
61 Effect on other dispute resolution procedures
Procedure for, and effect of, initiating adjudication
62 How to initiate adjudication
63 Status and effect of adjudication proceedings under other enactments
Other provisions relating to adjudication
64 Assignment of member to act as tribunal
66 Response to adjudication claim
67 Withdrawal of claim from adjudication
68 Parties may be represented at adjudication proceedings
69 Adjudication proceedings usually to be in public
70 Protection and privileges of witnesses
71 Privileges and immunities of counsel
72 Matters tribunal may determine in adjudicating claim
73 Powers of tribunal in adjudication proceedings
74 Parties' failures to act do not affect tribunal's powers to determine claim
75 Tribunal may draw inferences from parties' failures to act and determine claim based on available information
76 Further provisions in Part 2 of Schedule 3
78 Independence of mediation personnel
80 Access to mediation services
81 Procedure in relation to mediation services
83 Chief executive may for certain lower-value claims allow longer maximum period of mediation
86 Use of settlements for research, education, etc
87 Enforcement of terms of settlement agreed or authorised
88 Mediation services not to be questioned as being inappropriate
Subpart 7—Determination of claims in adjudication proceedings
89 Tribunal's determination: timing
90 Tribunal's determination: substance
91 Costs of adjudication proceedings
92 Tribunal's determination: form
Appeal from tribunal's determination
94 Procedure for commencing appeal
96 Effect of appeal on tribunal's determination
Enforcement of tribunal's determination
97 Duty to comply with tribunal's determination
98 Enforcement of tribunal's determination
100 Adjudication determinations to be made available
Subpart 8—Weathertight Homes Tribunal
Establishment, exercise of powers, and members and officers
101 Weathertight Homes Tribunal established
102 Exercise of powers of tribunal
103 Appointment of members of tribunal
105 Members not compellable witnesses
106 Manner of provision of adjudication services
108 Registrar and other staff of tribunal
Tribunal's powers, etc, relating to adjudication proceedings
109 Termination of proceedings by tribunal
110 Consolidation of adjudication proceedings
112 Removal of party from proceedings
113 Questions of law may be referred to High Court
Offences, and contempt of tribunal
116 Person in contempt of tribunal may be excluded from proceedings
Subpart 9—Miscellaneous provisions
118 Mediator or tribunal may decline to deal with claim
119 Transfer of claim to court
120 Transfer of proceedings from court
121 Transfer of proceedings from arbitration
124 Notifications to territorial authorities for land information memorandum purposes
125 Rules of Court: District Courts
Part 1A
Financial assistance package
Applications for financial assistance measures
125C Application for financial assistance measures
125D Deadline for application for financial assistance measures
Assessments relating to applications for financial assistance measures
125E Assessors may prepare concise assessor's report relating to application for financial assistance measures and provide other advice or recommendation
Restrictions on civil proceedings relating to financial assistance measures
125F Protection from liability
125G Restriction 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
Effect of contribution agreement on civil proceedings relating to dwellinghouse
125H Effect of contribution agreement on civil proceedings relating to dwellinghouse
Guarantees or indemnities may be given by Minister
125I Minister may give guarantee or indemnity
125J Minister of Finance may specify types of financial institutions and criteria
125K Minister of Finance may specify terms and conditions of guarantees or indemnities
125L Recovery of money paid under guarantee or indemnity
125M Payments in respect of guarantee or indemnity
Part 2
Repeal, consequential amendments, and transitional provisions
Subpart 1—Repeal and consequential amendments
Subpart 2—Overview of transitional provisions for claims under former Act that are not disposed of before transition date
128 Categories of claims under former Act
Subpart 3—Claims whose eligibility undecided before transition date
129 Claims to which this subpart applies
130 How Part 1 applies to claim
131 Making submission to chief executive if assessor thinks claim does not meet eligibility criteria
132 Lower-value claims provisions apply to claim
133 Provisions that apply instead or as well if claim relates to dwellinghouse, etc, in multi-unit complex
Subpart 4—Claims that it has been decided are eligible, but that are not in mediation or adjudication, before transition date
134 Claims to which this subpart applies
135 How Part 1 applies to claim
136 Mediation fee paid may be applied to adjudication fee
137 Lower-value claims provisions do not apply to claim
138 Consolidation of adjudication of claims relating to multi-unit complexes
139 Availability of wider remedies in adjudication
140 Claim history must be notified to territorial authorities for land information memorandum purposes
141 New claim in respect of same dwellinghouse, etc, in multi-unit complex
Subpart 5—Claims that it has been decided are eligible, and that are in mediation, before transition date
142 Claims to which this subpart applies
143 How Part 1 applies to claim
144 Consolidation of mediation of claims relating to multi-unit complexes
145 Availability of wider remedies in mediation
146 Sections 136 to 141 apply to claim
Subpart 6—Claims that it has been decided are eligible, and that are in adjudication, before transition date
Application of subpart and whether claim under former Act
147 Claims to which this subpart applies
148 Claim may continue under former Act or be withdrawn
148A How former Act modified for section 148(1)
149 Who deals with claims to which section 148 applies
How matters may proceed if claim under former Act withdrawn
150 Owner of dwellinghouse not in multi-unit complex may apply to have withdrawn claim adjudicated by tribunal
151 How Part 1 applies to adjudication of withdrawn claim in respect of dwellinghouse not in multi-unit complex
152 Exceptions to sections 151 and 154
153 Dwellinghouse or common areas in multi-unit complex
154 How Part 1 applies to adjudication of withdrawn claim under former Act in respect of multi-unit complex
155 How Part 1 applies to new claim in respect of same dwellinghouse, etc, in multi-unit complex
Subpart 7—Transitional provisions relating to appointments, etc
156 Chief adjudicator to be taken to have been appointed as chair on day after assent
157 Chair's role before transition date
158 Chief adjudicator before and after transition
159 Powers of appointment not limited or affected
160 Appointment of tribunal members and officers, etc, after enactment but before transition date
Schedule 1
Overview of types of claims by owners of dwellinghouses
Schedule 2
Overview of types of claims by representatives of multi-unit complexes
Schedule 3
Members and adjudications
Schedule 4
Modifications to former Act for section 148(1)
Weathertight Homes Resolution Services (Remedies) Amendment Act 2007
Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Act 2011
