New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
adjudication means an adjudication initiated by a claimant under section 62, or by a transfer of proceedings under section 120 or 121
approved means approved by the chief executive
arbitral tribunal has the meaning given to it by section 2(1) of the Arbitration Act 1996
arbitration has the meaning given to it by section 2(1) of the Arbitration Act 1996
assessor means an assessor appointed under section 31
assessor's report means an eligibility assessor's report or a full assessor's report
chair means the member appointed under section 103(4)
chief executive means the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act (except any justice provisions)
civil proceedings includes—
(a) arbitration; and
(b) for the purposes of sections 84 and 105, proceedings before the tribunal under this Act or a member or under the Construction Contracts Act 2002
claim means a claim by the owner of a dwellinghouse that the owner believes—
(a) has been penetrated by water because of some aspect of its design, construction, or alteration, or of materials used in its construction or alteration; and
(b) has suffered damage as a consequence of its penetration by water
claimant—
(a) means a person—
(i) who applies to the chief executive to have an assessor's report prepared in respect of a building; or
(ii) whose claim is transferred to adjudication under section 120 or 121; and
(b) includes a claimant's successor by operation of law
company-share complex means a complex containing dwellinghouses owned by a flat-owning or office-owning company that has issued 1 or more licences to occupy in relation to a specified residential flat or residential flats in it
complex means a building, complex, or group of buildings
court of competent jurisdiction means—
(a) a High Court; or
(b) a District Court, if the amount claimed or in issue does not exceed the amount to which the jurisdiction of the District Court is limited in civil cases
cross-lease complex means a complex containing dwellinghouses held under the arrangement commonly referred to as a cross-lease title
damages means any form of monetary compensation or damages (however described)
deficiency, in relation to a building, means any aspect of its design, construction, or alteration, or of materials used in its construction or alteration, that has enabled (or, as the case requires, is likely in future to enable) water to penetrate it
department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act (except any justice provisions)
Disputes Tribunal means a Disputes Tribunal established under section 4 of the Disputes Tribunals Act 1988
dwellinghouse—
(a) means a building, or an apartment, flat, or unit within a building, that is intended to have as its principal use occupation as a private residence; and
(b) in the case of a dwellinghouse that is a building, includes a gate, garage, shed, or other structure that is an integral part of the building; and
(c) in the case of a dwellinghouse that is an apartment, flat, or unit within a building, includes a door, gate, garage, shed, or other structure that—
(i) is an integral part of the building; and
(ii) is intended for the exclusive use of an owner or occupier of the dwellinghouse; but
(d) does not include a hospital, hostel, hotel, motel, rest home, or other institution
eligibility assessor's report means a report of the kind described in section 41
eligibility criteria means the criteria set out in sections 14 to 18
eligible claim means a claim by the owner of a dwellinghouse that has been evaluated under section 48 by the chief executive, or reconsidered under section 49 by the chair, as meeting the eligibility criteria
full assessor's report means a report of the kind described in section 42
general damages means damages that—
(a) cannot be objectively quantified in monetary terms; and therefore
(b) are assessed and quantified in broader terms
invasive testing—
(a) means testing—
(i) to measure the moisture content of any area, component, material, or space; or
(ii) to establish the extent (if any) to which any means have been used to try to accomplish particular outcomes relating to weathertightness; or
(iii) to establish the presence, absence, size, extent, construction, installation, composition, or adequacy of any component or material; or
(iv) to establish the presence or absence of mould or other fungal growth; or
(v) to establish the extent or nature of any mould or other fungal growth; and
(b) if undertaken for the purposes of any such testing, includes—
(i) inserting a probe into or through any material, component, area, or space; and
(ii) taking a sample of any material or component, or any substance within any area or space; and
(iii) temporarily removing a part of any cladding or part of a roof, floor, deck, verandah, ceiling, or internal or external wall, or any soil, paving, or backfilling material
justice provisions means the provisions of this Act for the administration of which the Ministry of Justice is, with the authority of the Prime Minister, responsible
leaky building means a dwellinghouse into which water has penetrated as a result of any aspect of the design, construction, or alteration of the dwellinghouse, or materials used in its construction or alteration
lower-value ceiling means the value prescribed under section 123(b)
lower-value claim means a claim—
(a) where the owner of the dwellinghouse concerned has obtained a full assessor's report, the claim has been declared eligible, and either—
(i) the work needed to make the dwellinghouse weathertight and repair the damage in respect of which the claim is brought has not been done, and the estimated cost (stated in the report) of that work is not above the lower-value ceiling; or
(ii) the work needed to make the dwellinghouse concerned weathertight and repair the damage in respect of which the claim is brought has been done; and—
(A) the owner holds receipts for all payments required to be made for that work; and
(B) the total of the payments for which the owner holds receipts is not above the lower-value ceiling; or
(b) where the owner of the dwellinghouse concerned has obtained an eligibility assessor's report, the claim has been declared eligible; and
(i) the owner holds receipts for all payments required to be made for the work needed to be done to make the dwellinghouse weathertight and repair the damage in respect of which the claim is brought; and
(ii) the total of the payments for which the owner holds receipts is not above the lower-value ceiling
mediation means mediation initiated under this Act
mediator means a person appointed to provide mediation services under section 77
member means a person appointed under section 103 to be a member of the tribunal
mental distress means all or any of the following:
(a) emotional or mental anxiety:
(b) distress or stress
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act (except any justice provisions)
Ministry means the Ministry of Justice
multi-unit complex means a complex (which may, but need not, be a stand-alone complex) that—
(a) contains 2 or more dwellinghouses; and
(b) contains 1 or more, or no, common areas; and
(c) is a company-share complex, cross-lease complex, or unit title complex
owner, in relation to a dwellinghouse, includes a shareholder of a company, the principal purpose of which is to own the dwellinghouse or the dwellinghouses within the company-share complex concerned
parties, in relation to a claim, means the claimant and any 1 or more respondents in relation to that claim
prescribed means prescribed by regulations under this Act
relevant mental distress, in relation to a claim, means mental distress suffered as a consequence of all or any of the damage, deficiencies, loss of value, and penetration of water specified in section 50(1)(a) to (e)
representative,—
(a) for the owners of dwellinghouses in a company-share complex, means the company; and
(b) for the owners of dwellinghouses in a cross-lease complex, means any person (whether one of those owners or not) authorised (whether to replace another person earlier so authorised or not) under section 19 or 20, to take action under this Act in respect of dwellinghouses, common areas, or both, in that complex; and
(c) for the owners of dwellinghouses in a unit title complex, means the body corporate (within the meaning of the Unit Titles Act 1972) of the units and common property shown on the unit plan whose deposit created the stratum estates under which they are held; and
(d) for the owners of dwellinghouses in a stand-alone complex, despite paragraphs (a) to (c), means any person authorised (whether to replace another person earlier so authorised or not) by or under section 21 to take action under this Act in respect of dwellinghouses in that complex
respondent means a person against whom a claim is made
Secretary means the Secretary for Justice
stand-alone complex means a multi-unit complex—
(a) each, or 1 or more, of the dwellinghouses contained in which is either—
(i) a building containing no common areas; or
(ii) part of a building consisting entirely of dwellinghouses and containing no common areas; and therefore
(b) which may, but need not, contain, in addition to the 1 or more dwellinghouses to which paragraph (a) applies, either or both of the following:
(i) 1 or more buildings consisting entirely of common areas:
(ii) 1 or more buildings consisting of 1 or more dwellinghouses and 1 or more common areas
transition date means 1 May 2007 unless an earlier date is appointed under section 2(2), in which case it means that earlier date so appointed
tribunal means the Weathertight Homes Tribunal established by section 101
unit title complex means a complex containing dwellinghouses held under stratum estates under the Unit Titles Act 1972
working day means any day other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Labour Day, and Waitangi Day; and
(b) the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
(c) a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year.
Compare: 2002 No 47 s 5
Section 8 damages: inserted, on 29 August 2007, by section 6 of the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007 (2007 No 33).
Section 8 general damages: inserted, on 29 August 2007, by section 6 of the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007 (2007 No 33).
Section 8 mental distress: inserted, on 29 August 2007, by section 6 of the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007 (2007 No 33).
Section 8 relevant mental distress: inserted, on 29 August 2007, by section 6 of the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007 (2007 No 33).