Weathertight Homes Resolution Services Act 2006

Reprint as at 1 January 2014

Weathertight Homes Resolution Services Act 2006

Public Act2006 No 84
Date of assent18 December 2006
Commencementsee section 2

Note

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

1 Title

2 Commencement

Part 1
Weathertight homes resolution services

Subpart 1Purpose, overviews, and other preliminary provisions

3 Purpose of this Act

4 Overview of this Act

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

8 Interpretation

9 How claim is brought under this Act

10 How claim becomes eligible claim

11 Act binds the Crown

12 Assistance and guidance for claimants and respondents

Subpart 2Eligibility criteria

13 Criteria for eligibility of claims for mediation and adjudication services

14 Dwellinghouse claim

15 Claim in respect of single dwellinghouse in multi-unit complex that is not stand-alone complex

16 Multi-unit complex claim

17 Common areas only claim

18 Claim in respect of 1 or more dwellinghouses in stand-alone complex

Subpart 3Procedure 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25 Voting provisions not to affect validity of unit title rules [Repealed]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

28 Withdrawal of authority

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 4Assessment and evaluation of claims, remedies, lower-value claims, and termination of claims

Assessment and evaluation of claims

31 Assessors

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

42 Full 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

Lower-value claims

51 Overview of procedures for lower-value claims

Termination of 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 5Adjudication 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

65 Preliminary conferences

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

Subpart 6Mediation of claims

77 Mediation services

78 Independence of mediation personnel

79 Other mediation services

80 Access to mediation services

81 Procedure in relation to mediation services

82 Time-frames for mediation

83 Chief executive may for certain lower-value claims allow longer maximum period of mediation

84 Confidentiality

85 Settlements

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 7Determination of claims in adjudication proceedings

Tribunal's determination

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

93 Right of appeal

94 Procedure for commencing appeal

95 Determination of 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

99 Records of adjudication

100 Adjudication determinations to be made available

Subpart 8Weathertight 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

104 Conflicts of interest

105 Members not compellable witnesses

106 Manner of provision of adjudication services

107 Chair may delegate duties

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

111 Joinder of parties

112 Removal of party from proceedings

113 Questions of law may be referred to High Court

114 Practice directions

Offences, and contempt of tribunal

115 Offences

116 Person in contempt of tribunal may be excluded from proceedings

Subpart 9Miscellaneous provisions

117 Service of notices

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

122 Exclusion of liability

123 Regulations

124 Notifications to territorial authorities for land information memorandum purposes

125 Rules of Court: District Courts

Part 1A
Financial assistance package

Preliminary

125A Purpose of this Part

125B Interpretation

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 1Repeal and consequential amendments

126 Repeal of former Act

127 Consequential amendments

Subpart 2Overview of transitional provisions for claims under former Act that are not disposed of before transition date

128 Categories of claims under former Act

Subpart 3Claims 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 4Claims 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 5Claims 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 6Claims 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 7Transitional 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

Reprint notes