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How to File a Claim

All claims relating to leaky homes involve a two-stage process: assessment and resolution. The Department of Building and Housing deals with the assessment stage of the claim, whereas the Weathertight Homes Tribunal handles the resolution stage of the claim. That means then that in order to get to the resolution stage of the claim, a claimant must first apply for an assessment of the leaky home under the Department of Building and Housing (www.dbh.govt.nz/bringing-a-whrs-claim or phone 0800 324 477).

Applying to the Tribunal

To be able to file for adjudication with the Tribunal:

• A Claimant must be the owner of the dwellinghouse;
• A Claimant must have an eligible claim; and
• A Claimant must have quantified their claim and be ready to proceed with their case having obtained the necessary evidence, costing, and any relevant documents.

The purpose of the Weathertight Homes Resolution Services Act 2006 is to provide owners of leaky homes with speedy and efficient measures of resolving their claim. In order to achieve that purpose it is vital for claimants to prepare their claim as if it is the last chance they have to say anything about it.

A claims advisor at the Department of Building and Housing can assist a claimant in preparing and filing a claim in the Tribunal. The Tribunal suggests that you take full advantage of the Department's advice in order to prevent delays to your claim being registered by the Tribunal. A claim in the Tribunal will NOT be registered if the application is incomplete or has not been filled out properly.

Application Form

All claimants wishing to pursue their claim in the Tribunal must fill out the required application form. An Instruction Sheet is provided to assist in the filling out of the application form.

• 'Application to Weathertight Homes Tribunal' [ PDF 119KB ]
• 'Application to Weathertight Homes Tribunal' [ MS Word 154KB ] - (NOTE: When downloading this form to fill out on a computer, go to 'File' then 'Save as'.)
• 'Application to Weathertight Homes Tribunal - Instruction Sheet' [ PDF 19KB ]

However before filling out the application form ALL claimants, respondents, expert witnesses and legal representatives are strongly advised to familiarise themselves with the Chair's Directions when preparing for adjudication. In the Chair's Directions the Chair outlines the necessary procedures and legal requirements on how to proceed with the claim in the Tribunal. Failing to follow these directions can result to delays in resolving the claim.

There are two versions of the Chair's Directions, one for standard claims (where the amount claimed is over $20,000) and the other for lower-value claims (where the amount claimed is $20,000 or less)

In order for the Tribunal to register the application, the claimant must file all of the following (electronically and hard copy, where possible):

• Completed Tribunal application form (which includes the claim details)
• Copy of the Department of Building and Housing's full assessment report, or (if the home has been repaired) a copy of the Department's eligibility assessment report with the receipts from the repairs
• Copy of the notification from the Department that the claim is eligible
• If the claim is for $20,000 or less, a copy of the Department's lower-value claim dispute resolution certificate
• Correct names and current addresses (if possible) for the respondents (people/companies/entities) against whom the claim is being made
• List of relevant documents that maybe required (so that copies can be supplied upon request)
• Any other report or information that will be used to support the claim
• Application fee ($400)

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