Weathertight Homes Resolution Services Act 2006 No 84 (as at 03 December 2007), Public Act

4 Overview of this Act
  • In general terms, this Act provides for the following matters:

    • Purpose, overviews, and other preliminary provisions
    • (a) subpart 1 of Part 1 sets out preliminary provisions:

    • Eligibility criteria
    • (b) subpart 2 of Part 1 specifies criteria for eligibility of claims for adjudication and mediation services:

    • Types of claims in respect of multi-unit complexes
    • (c) subpart 3 of Part 1 provides for the bringing of claims in relation to multi-unit dwellinghouse complexes (company-share complexes, cross-lease complexes, and unit title complexes) that have been penetrated by water:

    • Assessment and evaluation of claims, remedies, lower-value claims, and termination of claims
    • (d) subpart 4 of Part 1 provides a mechanism for any person who considers that his or her dwellinghouse is a leaky building to—

      • (i) bring a claim; and

      • (ii) have it, and the nature of the particular problem, assessed and evaluated; and

      • (iii) be provided with an assessor's report:

    • (e) subpart 4 of Part 1 also contains provisions on what remedies may be claimed, the procedures for lower-value claims, and termination of claims:

    • Compulsory adjudication of claims
    • (f) subparts 5, 7, and 8 of Part 1 and Schedule 3 set up a mechanism whereby dwellinghouse owners with eligible claims can apply to have them adjudicated by a Weathertight Homes Tribunal whose powers and procedures are flexible and whose determinations, subject to appeal, are binding and enforceable:

    • Mediation of claims
    • (g) subpart 6 of Part 1 provides for access to a special mediation service that is available to dwellinghouse owners with eligible claims. The claimant and any of the other parties against whom the claim is made may agree to refer the claim to mediation, with provision for binding settlements by agreement:

    • Miscellaneous provisions
    • (h) subpart 9 of Part 1 sets out various miscellaneous matters that underpin the substantive provisions of Part 1:

    • Repeals, transitional provisions, etc

    Compare: 2002 No 47 s 4