Weathertight Homes Resolution Services Act 2006 - Key points
6 Owner claims: other relevant procedural provisions
(1) Under sections 52 and 53, the chief executive and the tribunal must terminate a claim in respect of a single dwellinghouse in a multiunit complex when damage is discovered to another
dwellinghouse, or to a common area, in the complex.
(2) Under section 55, a change of ownership of a dwellinghouse (including a single dwellinghouse in a multiunit complex), other than a change of that kind occurring by operation of law, terminates a claim in respect of that dwellinghouse.
9 How claim is brought under this Act
A person brings a claim under this Act in respect of a dwellinghouse by applying for an assessor’s report in respect of it.
14 Dwellinghouse claim
The criteria are that the claimant owns the dwellinghouse to which the claim relates; and—
(a) it was built (or alterations giving rise to the claim were made to it) before 1 January 2012 and within the period of 10 years immediately before the day on which the claim is brought; and
(b) it is not part of a multiunit complex; and
(c) water has penetrated it because of some aspect of its design, construction, or alteration, or of materials used in its construction or alteration; and
(d) the penetration of water has caused damage to it.
(2) 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—
(a) the claim may proceed in respect of the other dwellinghouses
to which it relates; and
(b) the new owner may be added to the claim under section 26.
56 Termination of claims not pursued
(1) 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—
(a) satisfies the chief executive that enough effort to resolve it is being made; or
(b) applies to the tribunal to have it adjudicated.
Known leaky buildings:
- Hobson Gardens, 2 towers, 97 units, Hobson St, Auckland: $32 million claim
- Nautilus, 12-level Orewa apartment tower:around $19 million to fix.
- Farnham Terrace, 41 units, Parnell:$18-19 million to fix.
- Sacramento, 153 units, Botany Downs, Manukau City: costing $18 million to fix.
- Blake Central, 63-unit Blake St, Ponsonby: $11 million court claim.
- Spencer on Byron, 250 units, Takapuna: $10 million claim estimate.
- 7 Andersons road, oteha vally, albany
- 21-unit Sunset Terraces in Mairangi Bay
- 14-unit Byron Ave apartments in Takapuna
- 18-36 Wakefield st (Embassy Apartment)
- Farnham Terraces in Parnell