Weathertight Homes Resolution Services Act 2006

• Jurisdiction: New Zealand
• Reference: 2006 No 84
• Citation: 2006 No 84
• Record Number: DLM403529
• Act Number: 84
• Type of Document: Act

Contenidos

• Weathertight Homes Resolution Services Act 2006
• Contents
• 1 Title
• 2 Commencement
• Part 1
• Part 1
• 3 Purpose of this Act
• 4 Overview of this Act
• 5 Overviews of types of claims
• 6 Owner claims: other relevant procedural provisions
• 7 Representative claims in respect of multi-unit complexes: other relevant procedural provisions
• 8 Interpretation
• 9 How claim is brought under this Act
• 10 How claim becomes eligible claim
• 11 Act binds the Crown
• 12 Assistance and guidance for claimants and respondents
• Part 2
• 13 Criteria for eligibility of claims for mediation and adjudication services
• 14 Dwellinghouse claim
• 15 Claim in respect of single dwellinghouse in multi-unit complex that is not stand-alone complex
• 16 Multi-unit complex claim
• 17 Common areas only claim
• 18 Claim in respect of 1 or more dwellinghouses in stand-alone complex
• Part 3
• 19 Representative claims in respect of dwellinghouses in multi-unit complexes
• 20 Representative claims in respect of common areas only in multi-unit complexes
• 21 Representative claims in respect of dwellinghouses in stand-alone complexes
• 22 How authority to bring representative claims in respect of dwellinghouses in multi-unit complexes to be obtained
• 23 How administrative decisions relating to representative claims in respect of multi-unit complexes to be made
• 24 Act does not generally limit or affect certain matters
• 25 Voting provisions not to affect validity of unit title rules
• 26 Adding further owners to representative claims in respect of multi-unit complexes or stand-alone complexes
• 27 How addition under section 26(1) or (2) effected
• 28 Withdrawal of authority
• 29 Notifying changes of ownership after claim brought in respect of dwellinghouses in multi-unit complex or stand-alone complex
• 30 Application of Act to representative claims in respect of multi-unit complexes or stand-alone complexes
• Part 4
• 31 Assessors
• 32 Application for assessor's report
• 33 Restriction if assessor's report prepared for claim brought in respect of dwellinghouse by former owner
• 34 Requirements for application under section 32(1) (a)
• 35 Requirements for application under section 32(1) (b)
• 36 Statutory declarations required
• 37 Application of Limitation Act 2010 to applications for assessor's report, etc
• 38 Assessor's reports are eligibility reports or full reports
• 39 Assessor's reports not to be done in certain cases
• 40 Eligibility report does not generally prevent claimant applying for and obtaining full report on same claim
• 41 Eligibility assessor's report
• 42 Full assessor's report
• 43 Full report does not cover eligibility of claim if eligibility report obtained states that claim is eligible
• 44 Copy of assessor's report must be given to claimant
• 45 Claimant may make submission on assessor's report stating that claim does not meet eligibility criteria
• 46 Assessor who suspects claim must be terminated must advise chief executive and cease preparing report
• 47 Assessment may be abandoned if inspection and testing not possible
• 48 Chief executive to evaluate assessor's reports
• 49 Reconsideration of chief executive's decision
• 50 What remedies may be claimed
• 51 Overview of procedures for lower-value claims
• 52 Chief executive must terminate certain claims if situation alters
• 53 Tribunal must terminate claims in certain circumstances
• 54 Application of section 37 if claim terminated under section 52(4) or 53(4)
• 55 Termination of claim where ownership changes
• 56 Termination of claims not pursued
• Part 5
• 57 Adjudications to be managed to achieve purpose of Act
• 58 Aims in relation to adjudication of lower-value claims
• 59 Procedure for adjudication of lower-value claims
• 60 Right to apply for adjudication of claims
• 61 Effect on other dispute resolution procedures
• 62 How to initiate adjudication
• 63 Status and effect of adjudication proceedings under other enactments
• 64 Assignment of member to act as tribunal
• 65 Preliminary conferences
• 66 Response to adjudication claim
• 67 Withdrawal of claim from adjudication
• 68 Parties may be represented at adjudication proceedings
• 69 Adjudication proceedings usually to be in public
• 70 Protection and privileges of witnesses
• 71 Privileges and immunities of...