The purpose of this Act is—

In general terms, this Act provides for the following matters:

Purpose, overviews, and other preliminary provisions

Eligibility criteria

Types of claims in respect of multi-unit complexes

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

Compulsory adjudication of claims

Mediation of claims

Miscellaneous provisions

Financial assistance package

Repeals, transitional provisions, etc

A diagrammatic overview of the types of claims under this Act by owners of dwellinghouses is set out in Schedule 1.

A diagrammatic overview of the types of claims under this Act by representatives of multi-unit complexes is set out in Schedule 2.

The diagrams are intended as a guide only.

Under sections 52 and 53, the chief executive and the tribunal must terminate a claim in respect of a single dwellinghouse in a multi-unit complex when damage is discovered to another dwellinghouse, or to a common area, in the complex.

Under section 55, a change of ownership of a dwellinghouse (including a single dwellinghouse in a multi-unit complex), other than a change of that kind occurring by operation of law, terminates a claim in respect of that dwellinghouse.

Under section 56, the chief executive has power to terminate claims not pursued.

This section is intended as a guide only.

Under section 23, if the rules, constitution, or lease requires more than 80% of owners to agree to a decision that relates to bringing, managing, or resolving a claim, or to an administrative decision relating to the claim, only 80% of owners are required to agree to the decision.

Under section 26, further owners may join a multi-unit complex claim under section 19 or 21 before, or with the tribunal’s consent after, adjudication is initiated.

Under section 28, the owner of a dwellinghouse in a multi-unit complex may, at any time and by written notice to the representative, withdraw from a multi-unit complex claim under section 19 or 21. The withdrawal does not affect the ability of the representative to continue with the claim.

Under section 29, the representative in a section 19 or 21 claim must notify the chief executive or tribunal (as applicable) of any change of ownership of a dwellinghouse. The claim proceeds in respect of the remaining dwellinghouses only, but the new owner may be able to join the claim under section 26.

Under sections 52 and 53, the chief executive and the tribunal must terminate the following claims in the following circumstances:

Under section 30, for the purposes of representative claims in respect of a multi-unit complex, this Act applies, unless the context otherwise requires, as if—

Section 24 ensures that, except for the voting relief in sections 22 and 23, nothing in the Act limits any obligations of a body corporate or the obligations of any person under the Unit Titles Act 2010 or any body corporate operational rules made under that Act or under any lease.

Under section 56, the chief executive has power to terminate claims not pursued.

This section is intended as a guide only.

In this Act, unless the context otherwise requires,—

A person brings a claim under this Act in respect of a dwellinghouse by applying for an assessor’s report in respect of it.

A claim has been declared eligible under this Act if the chief executive has decided under section 48, or the chair has decided under section 49, that it meets the eligibility criteria.

This Act binds the Crown.

For all provisions of this Act, the chief executive, and for justice provisions, the Secretary, may, at whatever stage a claimant or respondent may be in the processes provided for by those provisions (or before any of those processes have begun) assist and guide him or her on those processes.

The assistance and guidance given may include assistance or guidance on—

Subsection (2) does not limit subsection (1).

To be an eligible claim, a claim must, in the chief executive’s opinion under section 48 (or in the chair’s opinion under section 49), formed on the basis of an assessor’s report, meet the criteria stated in—

The criteria are that the claimant owns the dwellinghouse to which the claim relates; and—

The criteria are that the claimant owns the dwellinghouse to which the claim relates; and—

The criteria are that the claimant is the representative of the owners of the dwellinghouses in the multi-unit complex to which the claim relates; and—

The criteria are that the claimant is the representative of the owners of the dwellinghouses in the multi-unit complex to which the claim relates; and—

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—

The representative of some or all of the owners of dwellinghouses in a multi-unit complex may bring a claim under this Act in respect of those dwellinghouses, and any common areas, as if those dwellinghouses and areas were a single dwellinghouse, and as if the representative were its owner, if—

The representative of some or all of the owners of dwellinghouses in a multi-unit complex may bring a claim under this Act in respect of any common areas as if those areas were a single dwellinghouse, and as if the representative were its owner, if—

The representative of some or all of the owners of 1 or more dwellinghouses in a stand-alone complex may bring a claim under this Act in respect of those dwellinghouses if—

A person is taken to be the representative of the owner of 1 or more dwellinghouses in a stand-alone complex for the purpose of a claim under this section (without any written authorisation under subsection (1)(c)(i) or section 27(1)(b)(i) or (2)(b)(i)) if—

This Act, with all necessary modifications, applies to a claim under subsection (1) in respect of 2 or more dwellinghouses as if those dwellinghouses were a single dwellinghouse owned by the owner or owners concerned.

In the case of a company-share complex, a claim cannot be brought under section 19 or 20 unless, at a general meeting of the company concerned, a resolution authorising the company to take the actions stated in subsection (4) has been passed by the affirmative vote of at least the lower of the following:

In the case of a cross-lease complex, a claim cannot be brought under section 19 or 20 unless the representative concerned has been given a written notice authorising the representative to take the actions stated in subsection (4) by—

In the case of a unit title complex, a claim cannot be brought under section 19 or 20 unless a resolution has been passed in accordance with the Unit Titles Act 2010 authorising the body corporate to take the actions stated in subsection (4).

The actions referred to in subsections (1) to (3) are—

The taking of the actions stated in subsection (1), (2), or (3) is authority enough for the representative concerned to take the actions stated in subsection (4).

Subsection (5) overrides anything to the contrary in—

In this section, administrative decision means a decision relating to a claim under section 19 or 20 made after the claim has been brought.

If the representative bringing a claim under section 19 or 20 is a body corporate, every administrative decision relating to the claim must be made in accordance with the Unit Titles Act 2010 or any body corporate operational rules made under that Act.

To the extent (if any) that an administrative decision must be made by a representative in accordance with any lease or licence, it must be made in accordance with the lease or licence as modified by subsections (6) and (7).

A body of persons acting under a lease or licence can make an administrative decision by the affirmative vote of at least the lower of the following:

Subsection (6) overrides anything to the contrary in—

The provisions of this Act (other than those of sections 22(6) and 23(7)) do not limit or affect—

Before adjudication of a claim under section 19 or 21 has been initiated, the representative can, in the way stated in section 27(1), add the owner of a dwellinghouse in the multi-unit complex or stand-alone complex concerned to the claim.

After adjudication of a claim under section 19 or 21 has been initiated, a further owner of a dwellinghouse in the multi-unit complex or stand-alone complex concerned can, in the way stated in section 27(2), be added to the claim by the representative, but only with the tribunal’s consent.

The owner of a dwellinghouse in the stand-alone complex concerned must not be added under subsection (1) or (2) to a claim under section 21 unless section 21(1)(b)(i) or (ii) applies to the dwellinghouse.

If an assessor’s report relating to the multi-unit complex or stand-alone complex concerned has already been completed when the owner is added then, having regard to the claim concerned and any evidence already obtained, the chief executive may do, or the tribunal may request the chief executive to do, one of the following:

To add the owner of a dwellinghouse in a multi-unit complex or stand-alone complex to a claim in respect of the complex under section 26(1), the representative must give the chief executive—

To add the owner of a dwellinghouse in a multi-unit complex or stand-alone complex to a claim in respect of the complex under section 26(2), the representative must—

The owner of a dwellinghouse in a multi-unit complex may at any time, by written notice to the representative concerned, withdraw the owner’s authority under subparagraphs (i) and (ii) of section 19(a).

The owner of a dwellinghouse in a stand-alone complex may at any time, by written notice to the representative concerned, withdraw the owner’s authority under subparagraphs (i) and (ii) of section 21(1)(c) or, if applicable, the owner’s authority as representative under section 21(1)(c)(ii) and (2).

The withdrawal of the authority does not affect the ability of the representative to proceed with the claim concerned.

The effect of the withdrawal of the authority is that the claim—

Within 5 working days of being notified of the withdrawal of an owner’s authority, a representative must give written notice of the withdrawal—

Within 5 working days of becoming aware of a change in the ownership of a dwellinghouse to which a claim under section 19 or 21 relates, the representative concerned must give written notice of the change—

The effect of a change in the ownership of a dwellinghouse to which a claim under section 19 or 21 relates is that the claim ceases to relate to that dwellinghouse; but—

Subsection (2)(b) is subject to subsections (1) to (3) of section 26.

For the purposes of this section, a change in the ownership of a dwellinghouse arising out of an agreement for its sale and purchase occurs on the day on which the sale and purchase is settled.

Change in the ownership of a dwellinghouse, in this section,—

For the purposes of a claim under section 19 or 20 or 21, this Act applies, unless the context otherwise requires, as if—

The chief executive must employ or engage persons to prepare reports on claims.

The chief executive must employ or engage only persons that, in the chief executive’s opinion, are suitable to be appointed as assessors, having regard to their knowledge, skills, and experience.

An owner of a dwellinghouse who wishes to bring a claim in respect of it may apply to the chief executive—

On receiving an application under subsection (1)(a) or (b) that complies with all applicable requirements in sections 34 to 36, the chief executive must make an initial assessment as to whether the information in the application indicates that the claim meets or is capable of meeting the eligibility criteria.

If the chief executive considers that the information does indicate that the claim meets or is capable of meeting those criteria, the chief executive must arrange for an assessor’s report to be prepared on the claim.

If the chief executive does not consider that the information indicates that the claim meets or is capable of meeting those criteria, the chief executive must—

An owner of a dwellinghouse in respect of which an assessor’s report has already been prepared in relation to a claim brought in respect of the dwellinghouse by a former owner must not apply to the chief executive under section 32(1)(a) unless—

This section overrides section 32(1)(a).

An application under section 32(1)(a) to have an assessor’s report prepared must be accompanied by the prescribed fee (if any); and

Paragraphs (a) to (e) of subsection (1) apply, subject to subsection (3), to both—

Paragraphs (c) to (e) of subsection (1) do not apply to a full assessor’s report in respect of a claim if an eligibility assessor’s report in respect of the claim has already been prepared.

An application under section 32(1)(b) to have an assessor’s report approved as suitable—

Sections 34(1)(c) to (e) and 35(c) to (e) require the following statutory declarations:

For the purposes of the Limitation Act 2010 (and any other enactment that imposes a limitation period), the making of an application under section 32(1) has effect as if it were the filing of proceedings in a court.

This section is subject to sections 54, 133, 141, 146, 152, and 155.

An assessor’s report may be an eligibility assessor’s report or a full assessor’s report.

No full assessor’s report may be done in respect of a claim if all damage to the dwellinghouse concerned has been repaired and it has been made weathertight.

No eligibility assessor’s report may be done in respect of a claim if a full assessor’s report has previously been applied for (or, before the transition date, an assessor’s report has been applied for) in respect of the same claim.

This section overrides section 32(3).

Obtaining an eligibility assessor’s report stating that, in the assessor’s opinion, the claim to which it relates meets the eligibility criteria does not prevent a claimant from later applying for and obtaining a full assessor’s report in respect of the same claim.

This section is subject to section 39.

An eligibility assessor’s report is a report stating only—

An eligibility assessor’s report for a claim that satisfies the criteria in section 15 must also state—

An eligibility assessor’s report for a claim that satisfies the criteria in section 17 must also state—

An eligibility assessor’s report for a claim that satisfies the criteria in section 18 must also state—

A full assessor’s report is a report stating—

If the report states that the claim meets the criteria in section 14 or 15 or 18, the report must also state the assessor’s view on—

If the report states that the claim meets the criteria in section 16, the report must also state the assessor’s view on—

If the report states that the claim meets the criteria in section 17, the report must also state the assessor’s view on—

If a claimant has already obtained an eligibility assessor’s report stating that, in the assessor’s opinion, the claim to which it relates meets the eligibility criteria, a full assessor’s report in respect of the same claim—

When an assessor’s report is completed, the chief executive must give a copy to the claimant.

Within 20 working days after receiving the copy of an assessor’s report stating that, in the assessor’s opinion, the claim to which it relates does not meet the eligibility criteria, the claimant may make a submission on it to the chief executive so the chief executive can make his or her evaluation decision under section 48.

This section applies to an assessor preparing a full assessor’s report in respect of a claim for which an eligibility assessor’s report has already been prepared if the assessor suspects that—

The assessor must advise the chief executive of the assessor’s suspicions, and not complete the full assessor’s report unless the chief executive advises that section 52 does not require the claim to be terminated.

If an assessor has been unable to inspect the inside and outside of the dwellinghouse or building concerned, and to conduct any testing (invasive or not) he or she considers necessary, at a time reasonably convenient to him or her (whether because the permissions provided are inadequate or have been withdrawn, or for any other reason), the chief executive may authorise him or her—

An authorisation under subsection (1)(b) has the effect that the claim concerned—

The chief executive must evaluate every assessor’s report (other than a full assessor’s report made in respect of a claim that was held to meet the eligibility criteria when an eligibility assessor’s report was evaluated), and decide whether the claim to which it relates meets the eligibility criteria.

In evaluating the report, the chief executive must consider only the report itself and any submission made by the claimant under section 45.

The chief executive must give the claimant written notice stating—

Within 20 working days of receiving notice under section 48(3) of a decision that his or her claim does not comply with the eligibility criteria, the claimant may write to the chair—

If the claimant writes to the chair asking for the decision to be reconsidered, the chair must decide whether or not the claim meets the eligibility criteria.

The chair must give the claimant and the chief executive written notice stating—

If the chair decides that the claim meets the eligibility criteria, his or her decision replaces that of the chief executive.

As long as it is an eligible claim, a claim under this Act may be for any remedy that could be claimed in a court of law in relation to, or for consequences of, all or any of the following:

Remedy, in subsection (1), includes (without limitation) general damages (for example, for relevant mental distress).

Subsections (1) and (2)—

Under section 80(2), a claimant with a lower-value claim may, with the consent of any of the other parties, refer it directly to mediation under this Act if—

Under section 60(7), if a claim is a lower-value claim, a claimant who would otherwise have the right under section 60(1) to apply to the tribunal to have the claim adjudicated must not apply to have the claim adjudicated unless the claimant has—

Under section 83, if, in any particular case, no application has yet been made to the tribunal to have a lower-value claim adjudicated, the chief executive may, if satisfied that the parties are near resolution of, and likely to resolve, the dispute, if allowed more time, allow for the claim a maximum period of mediation longer than the period stated in section 82.

Section 58 states aims that the tribunal must try to achieve in relation to the adjudication of a lower-value claim.

Under section 59, the following apply to the adjudication of a lower-value claim:

Under section 90(5), the fact that a claim is a lower-value claim does not prevent the value of the tribunal’s determination from exceeding the lower-value ceiling.

This section is intended as a guide only.

This subsection applies to a claim brought in respect of a dwellinghouse in a multi-unit complex if—

This subsection applies to a claim brought in respect of a multi-unit complex if—

This subsection applies to a claim brought in respect of a dwellinghouse or dwellinghouses in a stand-alone complex if—

If subsection (1), (2), or (3) applies to a claim, the chief executive must terminate it.

The termination of a claim under subsection (4) does not prevent—

This subsection applies to a claim brought in respect of a dwellinghouse in a multi-unit complex if—

This subsection applies to a claim brought in respect of a multi-unit complex if—

This subsection applies to a claim brought in respect of a dwellinghouse or dwellinghouses in a stand-alone complex if—

If subsection (1), (2), or (3) applies to a claim, the tribunal—

The termination of a claim under subsection (4) does not prevent the bringing of any claim under section 19 or the adding of the owner of a dwellinghouse to some other claim under section 26.

This section applies if, within 1 year after the termination under section 52(4) or 53(4) of a claim to which section 52(1) or (2) or (3) or 53(1) or (2) or (3) applies,—

Section 37 applies to the claim under section 19 as if it were brought when the terminated claim was brought.

A change in the ownership of a dwellinghouse on or after the transition date terminates any claim made in respect of that dwellinghouse alone by its former owner.

For the purposes of this section, a change in the ownership of a dwellinghouse arising out of an agreement for its sale and purchase occurs on the day on which the sale and purchase is settled.

Change in the ownership of a dwellinghouse, in this section,—

The chief executive may, if he or she believes that a claimant who has not yet applied to the tribunal to have a claim adjudicated is not making enough effort to resolve it, give the claimant written notice that the chief executive will terminate it unless within 20 working days (or any longer period stated in the notice) the claimant either—

The chief executive may terminate a claim unless within 20 working days (or any longer period stated in the notice) after receiving a notice under subsection (1), the claimant either—

If a claim is terminated under subsection (2), no further claim may be brought under this Act in respect of the dwellinghouse (or common areas or multi-unit complex) concerned by the claimant or by his or her successor by operation of law.

However, if a claim is terminated under subsection (2) in respect of a dwellinghouse in a multi-unit complex, subsection (3) does not prevent—

The tribunal must manage adjudication proceedings in a manner that tends best to ensure that they are speedy, flexible, and cost-effective; and, in particular, must—

In managing adjudication proceedings, the tribunal must comply with the principles of natural justice.

Subsection (2) does not require the tribunal to permit the cross-examination of a party or person; but the tribunal may in its absolute discretion do so.

The tribunal must try to achieve the following aims in relation to the adjudication of a lower-value claim:

Subsection (1) is subject to sections 57(2) and 68, but overrides anything to the contrary in subparts 5, 7, 8, and 9 of this Part and Part 2 of Schedule 3.

The following provisions apply to the adjudication of a lower-value claim:

Subsection (1) overrides anything to the contrary in subparts 5, 7, 8, and 9 of this Part and Part 2 of Schedule 3.

The owner of a dwellinghouse has the right to apply to the tribunal to have the claim adjudicated if it is an eligible claim.

Subsection (1) has effect despite any provision of any existing agreement or contract that requires or provides for—

Existing agreement or contract, in subsection (2), means one entered into before 27 November 2002.

However, the right referred to in subsection (1), and its exercise, are restricted by subsections (5), (7), and (8).

An owner of a dwellinghouse may not, however, apply to have an eligible claim adjudicated, or continue adjudication proceedings, if, and to the extent that, the subject matter of the claim is the subject of—

Subsection (5) does not limit the power of any party to apply for proceedings to be transferred to adjudication under section 120 or agree that they be transferred under section 121.

If a claim is a lower-value claim, a claimant who would otherwise have the right to apply to the tribunal to have it adjudicated must not apply to have it adjudicated unless the claimant has—

A claimant who would otherwise have the right to apply to the tribunal to have a claim adjudicated must not apply to have it adjudicated unless—

If a claimant who has applied to the tribunal to have a claim adjudicated under this Act initiates proceedings of a kind referred to in section 60(5)(a) or (b) during the course of the adjudication,—

Nothing in this Act prevents the other parties to an adjudication from submitting any matter in relation to a claim to another dispute resolution procedure (for example, to the courts, to arbitration, or to mediation).

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 chief executive of the Ministry after consultation with the chair, to have the claim adjudicated, and serving a copy of the application for adjudication on—

The application to the tribunal must be accompanied by—

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

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.

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.

Adjudication proceedings—

The chair—

As soon as the tribunal thinks practicable after a member has been assigned to act as the tribunal in relation to a claim (and whether or not a response has been received under section 66), it must call a preliminary conference of the parties to consider making, and (if possible) make, procedural and other decisions under this Act to try to ensure that the claim is dealt with in the manner best suited to—

A respondent may serve on the tribunal a written response to the adjudication claim—

The response may be accompanied by any other documents.

The respondent must serve a copy of the response and any accompanying documents on the claimant and every other party to the adjudication, either before or immediately after they are served on the tribunal.

A claim may be withdrawn from adjudication—

The tribunal does not have to determine a claim withdrawn in accordance with subsection (1).

A party to a claim that is being adjudicated by the tribunal may be represented by the representatives (whether legally qualified or not) that the party considers appropriate.

Subsection (1) is subject to the tribunal’s power to direct that the number of representatives present at a conference of the parties is to be limited to allow for the efficient conduct of proceedings.

The proceedings of the tribunal must, except as provided in subsection (2), be conducted in public.

The tribunal may, on the application of any party to the proceedings, and after having due regard to the interests of the parties and to the public interest, order that the whole or any part of the proceedings be held in private.

The tribunal may, on the application of any party to the proceedings, and after having due regard to the interests of the parties and to the public interest, make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings at any hearing before the tribunal (whether held in public or in private), but no such order may prohibit the publication of any decision of the tribunal.

Despite any order made under subsection (3), the tribunal may permit a report or description of the proceedings or of any part of the proceedings to be included in any publication that is genuinely of a professional or technical nature.

Every person has the same privileges as witnesses have in a court of law, in relation to—

Every counsel appearing before the tribunal has the same privileges and immunities as counsel in a court of law.

In relation to any claim in respect of which an application has been made to the tribunal to have it adjudicated, the tribunal can determine—

In relation to any liability determined, the tribunal can also determine—

The tribunal may do any or all of the following things in relation to adjudication proceedings or the parties to them:

The parties to adjudication proceedings must comply with any request or direction of the tribunal made or given under this section.

If the owner or occupier referred to in subsection (1)(h) is a party to the proceedings concerned, his or her consent must not be unreasonably withheld.

The tribunal also has the powers specified in Part 2 of Schedule 3.

The tribunal’s powers to determine a claim are not affected by—

If any failure of the kind referred to in section 74 occurs in adjudication proceedings, the tribunal may—

Part 2 of Schedule 3 applies to adjudication proceedings.

The chief executive must employ or engage persons to provide mediation services to assist persons to resolve, promptly and effectively, eligible claims.

The chief executive decides how the mediation services are to be provided.

Any of the mediation services may be provided, for example,—

Subsection (3) does not limit subsection (2).

The chief executive must ensure that any person employed or engaged to provide mediation services under section 77—

The chief executive, in managing the overall provision of mediation services, is not prevented by subsection (1) from giving general instructions about the manner in which, and the times and places at which, mediation services are to be provided.

Any such general instructions may include general instructions about the manner in which mediation services are to be provided in relation to particular types of matters or particular types of situations or both.

Nothing in this Act prevents any person seeking and using mediation services other than those provided by the chief executive under this Act.

With the consent of the tribunal, the claimant and any of the other parties to a claim in respect of which an application has been made to the tribunal to have it adjudicated may jointly refer the claim to mediation under this Act.

A claimant with a lower-value claim may, with the consent of any of the other parties, refer it directly to mediation under this Act if—

A claim cannot be referred to mediation under this Act except under subsection (1) or (2).

A referral to mediation must be in the approved form (if any).

The form must be signed by all parties to the mediation and, in the case of a claim referred under subsection (1), the tribunal.

If mediation services are provided, the mediator who provides the services decides what services are appropriate to the particular case.

The mediator, in providing those services,—

A mediator does not have power to determine any matter, even if the mediator is required to do so by the parties.

A mediation process—

Subsection (4) is subject to sections 73(1)(k) and 83.

The following maximum periods apply to mediation:

If, in any particular case, no application has yet been made to the tribunal to have a lower-value claim adjudicated, the chief executive may, if satisfied that the parties are near resolution of, and likely to resolve, the dispute, if allowed more time, allow for the claim a maximum period of mediation longer than the period stated in section 82.

A person to whom subsection (2) applies must, unless he or she is authorised to do otherwise by the parties or the relevant party, keep confidential—

This subsection applies to a person who—

No person who provides mediation services may give evidence in any civil proceedings, whether under this Act or any other Act, about—

No evidence is admissible in any court, or before any person acting judicially, of any statement, admission, document, or information that, by subsection (1), is required to be kept confidential.

Nothing in the Official Information Act 1982 applies to any statement, admission, document, or information disclosed or made in the course of the provision of mediation services to the person providing those services.

Nothing in this section—

If a claim is resolved, in whole or in part, by agreement, whether through the provision of mediation services or otherwise, any person to whom subsection (2) applies and who holds a general authority referred to in subsection (2) may, at the request of the parties to the claim, and under that general authority, sign the agreed terms of settlement.

This subsection applies to a person—

A person who receives a request under subsection (1) must, before signing the agreed terms of settlement,—

A person who signs the agreed terms of settlement must give a statutory declaration in the approved form (if any) that the requirements of this section have been complied with.

If, following the affirmation referred to in subsection (3) of a request made under subsection (1), the agreed terms of settlement to which the request relates are signed by the person empowered to do so,—

A mediator who signs agreed terms of settlement under section 85(1) must, within 10 working days of doing so, copy those agreed terms to the chief executive.

Agreed terms of settlement copied to the chief executive under this section—

Any agreed terms of settlement that are, under section 85, enforceable by the parties, may be enforced by the District Court in the same manner as an order made or judgment given by the District Court.

The terms of settlement referred to in subsection (1) must be filed in the District Court before they can be enforced.

If any agreed terms of settlement include a requirement that a party to the claim pay money to the claimant, sections 97 and 98 apply to that requirement as if it were imposed by a determination of the tribunal.

This section applies, despite section 74 of the District Court Act 2016, even if the amount at issue (whether on balance of account or otherwise) is more than $350,000.

No mediation services may be challenged or called into question in any proceedings on the ground—

Nothing in subsection (1) or in section 85 prevents any agreed terms of settlement signed under section 85 from being challenged or called into question on the ground that the provisions of subsection (3) of that section (which relate to knowledge about the effect of a settlement) were not complied with.

The tribunal must determine a claim—

The tribunal must give a copy of the determination to every party to the adjudication as soon as practicable after making a determination.

The tribunal may make any order that a court of competent jurisdiction could make in relation to a claim in accordance with principles of law.

An order under subsection (1) may require the payment of general damages (for example, for relevant mental distress).

Subsection (1A) does not limit subsection (1).

However, if the tribunal makes an order under subsection (1) that requires a person to take any action other than the payment of money, the tribunal must also determine an amount of money that is payable by the person required to take the action, and a date by which that amount is payable if that person fails or refuses to take the action before that date.

If the tribunal determines that a party to the adjudication is liable to make a payment to another party, the tribunal may make that determination subject to any conditions that the tribunal thinks fit.

The tribunal may determine that the liability of a party to the adjudication depends on another party to that adjudication meeting any conditions that the tribunal may impose.

The fact that a claim is a lower-value claim does not prevent the value of the tribunal’s determination from exceeding the lower-value ceiling.

If a claim is settled by agreement between the parties before the tribunal’s determination is given, the tribunal—

The tribunal may determine that costs and expenses must be met by any of the parties to the adjudication (whether those parties are or are not, on the whole, successful in the adjudication) if it considers that the party has caused those costs and expenses to be incurred unnecessarily by—

If the tribunal does not make a determination under subsection (1), the parties to the adjudication must meet their own costs and expenses.

The tribunal’s determination of an adjudication—

After a copy of the determination is given to the parties to an adjudication under section 89(2), the tribunal may, on its own initiative, correct any errors in it that are—

A party to a claim that has been determined by the tribunal may appeal on a question of law or fact that arises from the determination.

An appeal must be filed in—

For the purposes of subsection (2), the amount at issue in relation to a determination is—

A claimant may abandon so much of a claim to which an appeal relates as exceeds $350,000 in order to bring the appeal within the jurisdiction of the District Court.

If an appeal is commenced by a person who is required to pay money to a party to a claim, the person may bring the appeal within the jurisdiction of the District Court by paying the other person the difference between the amount required to be paid under the determination and $350,000.

Section 182 of the Building Act 2004 does not apply to an appeal under this section.

An appeal under section 93 must be made by filing a notice of appeal, in accordance with the rules of the relevant court, in the court nearest to the location of the dwellinghouse (or any of the dwellinghouses) to which the appeal relates.

The notice of appeal must be filed—

In its determination of any appeal, the court may do any 1 or more of the following things:

A determination under subsection (1)—

Subsection (2)(b) does not prevent any proceedings between the claimant and respondent to the adjudication to which the appeal relates from being heard and determined at the same time as the appeal.

An appeal under section 93 does not operate as a stay of the tribunal’s determination unless a District Court Judge or, as the case may be, a High Court Judge on application so determines.

A party to the adjudication must comply with a determination of the tribunal.

Every determination of the tribunal must be treated as an order of the District Court, and, subject to this section, may be enforced accordingly.

If application is made to the District Court for the issue of any process to enforce a determination of the tribunal provided for by section 90(2) (determining an amount of money that is payable by a person required to take any action other than the payment of money), the Registrar must give written notice of the application to the party against whom enforcement is sought.

If that party does not file in the court, within 10 working days after receiving notice of the application, a notice of objection, the order may, after the expiry of that period, be enforced under subsection (1).

The notice referred to in subsection (3) may be given only on the ground that it is the belief of the party giving it that the order of the tribunal has been fully complied with and that the party therefore disputes the entitlement of the applicant to enforce it.

If the party against whom enforcement is sought files the notice referred to in subsection (3) within the 10-working-day period specified in subsection (3), the District Court must determine the matter.

This section applies, despite section 74 of the District Court Act 2016, even if the amount at issue (whether on balance of account or otherwise) is more than $350,000.

The tribunal is responsible for ensuring the safe custody of the records and papers relating to adjudications conducted under this Act.

The records and papers must be available for public inspection, on payment of the relevant fee (if any), at all reasonable times, unless an order of the tribunal under section 69 or under clause 14 of Schedule 3 requires otherwise.

Any person may, on application to the tribunal and payment of the relevant fee (if any), require the tribunal to supply to that person a true copy of any record or paper for the time being in the custody or under the control of the tribunal and available for public inspection under subsection (2).

A certificate signed by a member and to the effect that a copy of that kind is a true copy of the record or paper to which the certificate relates is, in the absence of proof to the contrary, sufficient evidence that the copy is a true copy of that record or paper.

Relevant fee, in relation to the public inspection, or to the supply of a true copy, of a record or paper, under this section, means the fee (if any) prescribed by regulations made under the District Court Act 2016 as payable in respect of civil proceedings under that Act or other Acts for the search of a document, or for a copy of any notes, judgment, or order, or of any other document, respectively.

The tribunal—

Copies of each determination of the tribunal, which must include the tribunal’s reasons for each determination, must be available by purchase from the Ministry at a reasonable price.

Every notice published under subsection (1) must, for the purposes of clause 6 of Part 1 of Schedule 1 of the Defamation Act 1992, be treated as a fair and accurate report of the proceedings of a court in New Zealand.

This section establishes the Weathertight Homes Tribunal.

The tribunal comprises all members.

The chair presides over the tribunal.

The duties, functions, and powers of the tribunal are performed and exercised by its members.

Each member is appointed by the Governor-General on the recommendation of the Minister of Justice.

The recommendation of the Minister of Justice must be made after consultation with the Minister (as defined in section 8).

The Minister of Justice must recommend for appointment only people who, in the opinion of that Minister, are suitable to be appointed as members, having regard to their knowledge, skills, and experience.

One member must be appointed by the Governor-General as the chair of the tribunal.

The provisions of Part 1 of Schedule 3 apply to members.

If the chair or a member of the tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chair or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister of Justice made after consultation with the Minister, may appoint a suitable person as an acting chair or acting member for the period or purpose stated in the appointment.

Before making a recommendation, the Minister of Justice must consult with the Minister.

No person may be appointed as an acting chair or acting member unless he or she is eligible for appointment to the relevant position.

An acting chair or acting member is, while acting in the position, to be treated as the chair or a member of the tribunal.

No appointment of an acting chair or acting member, no act done by an acting chair or acting member, and no act done by the tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

A member who, in performing and exercising the duties, functions, and powers of the tribunal, has a conflict of interest, must—

A party who under subsection (1)(b) agrees to a member’s continuing to act forfeits any right to object to the member’s acting on the basis of any conflict of interest disclosed by the member under subsection (1)(a) before the party agreed.

A member may not be required to give evidence in any civil proceedings on anything connected with an adjudication that has come to his or her knowledge in the course of adjudication proceedings.

The chair decides how the adjudication services under this Act are to be provided.

Adjudication services may be provided, for example,—

Subsection (2) does not limit subsection (1).

The chair of the tribunal is responsible for making such arrangements as are practicable to ensure that he or she and each member performs his or her functions—

The chair may delegate to another member all or any of the chair’s duties under the following sections:

The delegation—

A delegate—

A Registrar of the tribunal may be appointed under the Public Service Act 2020 to enable it to perform its functions, and exercise its jurisdiction, effectively.

The Secretary may designate as many employees of the Ministry to act as other officers of the tribunal as may be required for that purpose.

The officers designated must act under the general direction of the Secretary.

The Secretary must provide all other employees required to give the tribunal the services and resources necessary for that purpose.

Any person appointed as Registrar under subsection (1) may hold that position either separately or in conjunction with any other office or position in the Ministry.

An employee designated under subsection (2) or provided under subsection (4) may also hold any other office or position in the Ministry.

The tribunal may regulate its procedures as it sees fit, subject to this Act and any regulations made under it and any practice directions made under section 114.

The tribunal must terminate adjudication proceedings if it considers, on reasonable grounds, that they should not have been commenced, or should not be continued, in terms of section 60(5) or 61(1).

The tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

If a party is neither present nor represented at the hearing of a proceeding, the tribunal may,—

If 2 or more adjudication proceedings are pending, the tribunal may, with the written consent of all of the parties to them, determine them at the same time.

The tribunal may order that a person be joined as a respondent in adjudication proceedings if it considers that—

The tribunal may make an order under subsection (1) on the application of any party or on its own initiative.

If the tribunal makes an order under subsection (1),—

Subsection (3)(a) does not require a claimant to give a copy of the assessor’s report to any person other than the newly joined respondent, or to pay a further fee under section 62(2)(b).

The tribunal may, on the application of any party or on its own initiative, order that a person be struck out as a party to adjudication proceedings if the tribunal considers it fair and appropriate in all the circumstances to do so.

This section is subject to section 57(2).

If a question of law arises during adjudication proceedings, the tribunal—

The High Court must give the tribunal its opinion on the question; and the tribunal must then continue the adjudication in accordance with the opinion.

For the purpose of guiding the members and officers of the tribunal, and parties before the tribunal, the chair may issue practice directions, not inconsistent with this Act, relating to the making of applications to the tribunal or the hearing and determination of adjudication proceedings by the tribunal.

The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

Every final written decision of the tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

A final written decision may be published in part if there is good reason for not publishing the full decision.

Subsections (1) and (2) are subject to section 69(3) and clause 14 of Schedule 3.

Good reason not to publish a decision, or part of it, includes the following:

In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the tribunal and is either of the following:

Every person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who—

A person who breaches an order made under section 69(3) or clause 14 of Schedule 3 is liable on conviction to a fine not exceeding $3,000.

The tribunal may order the exclusion from a sitting of the tribunal of any person whose behaviour, in the tribunal’s opinion, constitutes an offence against paragraph (a), (b), or (c) of section 115; and any member of the police or an officer of the tribunal may take any steps reasonably necessary to enforce the person’s exclusion.

Subsection (1) applies whether or not the person whose exclusion is ordered is charged with the offence.

Any notice or any other document required to be served on, or given to, any person under this Act, or under any regulation made under this Act, is sufficiently served or given if—

The notice or other document is treated as having been served, under subsection (1)(c), 5 working days after it was posted if it is proved that it was addressed to the recipient at the recipient’s address for service and dispatched by post.

If a notice or any other document is served in electronic form under subsection (1)(ca), then, unless the contrary is shown,—

In this section, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.