New Zealand Legislation: Acts

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

• The criteria are that the claimant is the representative of the owner or owners of the dwellinghouse or dwellinghouses (being a dwellinghouse or dwellinghouses in a stand-alone complex) to which the claim relates; and—

  • (a) the dwellinghouse, or each of the dwellinghouses, 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

  • (b) the dwellinghouse, or each of the dwellinghouses, is either—

    • (i) a dwellinghouse that is a separate building; or

    • (ii) a dwellinghouse that is part of a building consisting entirely of dwellinghouses all of whose owners are, or are some of, the owners bringing the claim; and

  • (c) the dwellinghouse or dwellinghouses were built (or alterations giving rise to the claim were made to it or them) before 1 January 2012 and within the period of 10 years immediately before the day on which the claim is brought; and

  • (d) water has penetrated the complex because of some aspect of its design, construction, or alteration, or of materials used in its construction or alteration; and

  • (e) the penetration of water—

    • (i) has caused damage to the dwellinghouse or dwellinghouses; but

    • (ii) has not caused damage to any common area in the complex.