Weathertight Homes Resolution Services Act 2006

Procedure for, and effect of, initiating adjudication

62 How to initiate adjudication
  • (1) A claimant initiates the adjudication of a claim by applying to the tribunal, in writing and in a form (if any) approved for the purpose by the chair, to have the claim adjudicated, and serving a copy of the application for adjudication on—

    • (a) the other party or parties to the adjudication; and

    • (b) the department.

    (2) The application to the tribunal must be accompanied by—

    • (a) a copy of the decision of the chief executive under section 48 (or the decision of the chair under section 49) on the eligibility of the claim; and

    • (b) the prescribed fee (if any).

    (3) The application in writing in the approved form (if any) must state—

    • (a) the date of the application; and

    • (b) the nature and a brief description of the claim and of the parties involved; and

    • (c) the remedy (see section 50) that is sought; and

    • (d) the names and addresses of the parties to the adjudication; and

    • (e) if available, the addresses that the parties have specified for the service of notices.

    (4) Every copy of the application that is served on another party to the adjudication must be accompanied by a copy of the assessor's report that relates to the claim, and may be accompanied by any other documents.

    (5) Until the commencement of the first regulations prescribing a fee for the purposes of subsection (2)(b), this Act has effect as if a fee of $400 is prescribed.

    Compare: 2002 No 47 s 26

    Section 62(3)(c): amended, on 29 August 2007, by section 8(a) of the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007 (2007 No 33).

    Section 62(3)(c): amended, on 29 August 2007, by section 8(b) of the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007 (2007 No 33).