The Auckland High Court delivered an interim decision where the body corporate and a number of individual proprietors and lessees of units at Sunset Terraces sued the Council, developers and the designer in negligence and sought substantial damages. They were successful against the Council and the developers, but all their claims against the designer failed.
Kevin Kilgour has been appointed as a new Member of the Weathertight Homes Tribunal and will be based in Auckland. Kevin Kilgour will join the current Members of the Tribunal in determining issues regarding leaky homes.
The purpose of the Weathertight Homes Tribunal is to provide speedy, cost-effective and independent adjudication for leaky home claims brought under the New Zealand Weathertight Homes Resolution Services (WHRS) Act 2006.
The Tribunal was set up in 2007 after Government recognised the difficulties with resolving leaky home claims in New Zealand under the previous WHRS Act 2002. The 2006 Act provided for enhanced services, including setting up the Tribunal and giving it greater powers to resolve disputes faster.
The Tribunal provides independent adjudication services, with impartial treatment for all parties. The Chair and Members of the Tribunal act as adjudicators of leaky home disputes, and they are supported by New Zealand Ministry of Justice staff who provide registration, case management, and other administrative services.
Affected homeowners first apply to the Department of Building and Housing to have their claim assessed for eligibility under the 2006 Act. The Department provides the assessment, negotiation and mediation services for leaky home claims. If an owner's claim is found eligible and the repairs required are assessed at over $20,000 (or the repairs made cost over $20,000), the claimant may then apply to the Tribunal for adjudication. Claims for $20,000 or less follow a more streamlined process within the Department. But if a settlement is not reached this way, the claimant may apply to the Tribunal for adjudication.
The outcome of adjudication is a legally binding decision from the Tribunal as to who is responsible for the leaks, who should pay, and how much. (Note that this is the extent of the Tribunal's powers - the Tribunal cannot fix the home.)