Supplementary Order Paper No 125

Explanatory note

This Supplementary Order Paper makes 3 amendments to the Weathertight Homes Resolution Services Amendment Bill, which in turn amends the Weathertight Homes Resolution Services Act 2006 (the principal Act).

Clause 2, the commencement clause, is amended so that only the amendments made by clause 7 are brought into force on 23 February 2015 (being the date on which the Bill was introduced into the House of Representatives). The rest of the Bill will now come into force on the day after the date on which it receives the Royal assent.

Clause 7 is amended solely to remove those provisions in the clause relating to the insertion of new subpart 9 of Part 2 into the principal Act. Those amendments are moved into new clause 8. This is necessary to avoid new subpart 9 coming into force on the date on which the Bill was introduced.

New clause 8 is inserted into the Bill to house the amendments to the principal Act that are moved from clause 7. The amendments are unchanged, except as follows:

  • a new paragraph is added to the definition of affected claimant in new section 165 to clarify that the claimant’s claim must have been brought under the principal Act within 10 years of the date of the issue of the code compliance certificate for the building work in question (or, if more than 1 certificate was issued, the day on which the final certificate was issued):

  • the requirement in new section 165 for a claimant to still own the dwellinghouse immediately before 23 February 2015 is amended so that the critical date is now that on which the section comes into force. This is to avoid catching into the definition in that clause claimants who dispose of a dwellinghouse between the date on which the Bill was introduced and the date on which new section 165 comes into force (being the day after the date on which Royal assent is given).

Departmental disclosure statement

The Ministry of Business, Innovation, and Employment considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.

The Honourable Dr Nick Smith, in Committee, to propose the amendments shown in the following document.