Weathertightness - Chief Adjudicator Appointed
Hon Clayton Cosgrove
Minister for Building and
Construction
4 December 2006 Media Statement
Weathertightness - Chief Adjudicator Appointed
Building and Construction Minister Clayton Cosgrove today announced the appointment of Patricia McConnell as Chief Adjudicator of the Weathertight Homes Resolution Service (WHRS) for a three-year term starting this month.
Ms McConnell is a barrister based in Rotorua. She has an established reputation as an adjudicator and manager of adjudication services through her role as Principal Tenancy Adjudicator with the Tenancy Tribunal. She also has extensive experience in tribunal, District Court and High Court civil and criminal litigation.
The Chief Adjudicator is primarily responsible for delivering an efficient WHRS adjudication service, and for providing leadership to the current four adjudicators. Their key role is to determine the liability of parties and remedies in relation to eligible claims referred to the WHRS for adjudication.
“Ms McConnell has a great deal to offer and brings extensive experience and an in-depth knowledge of dispute resolution issues. She is well placed to lead the WHRS adjudication process, and I am delighted to have her onboard,” said Mr Cosgrove.
Mr Cosgrove said he would also like to take the opportunity to acknowledge the work of Paul Skinner – the first WHRS Chief Adjudicator – and thank him for his service to the community.
Under the Weathertight Homes Resolution Services Amendment Bill currently before Parliament, it is proposed that the Chief Adjudicator become the chair of a new Weathertight Homes Tribunal. The Bill proposes new enhanced investigative powers and authority for the Tribunal, including new offence provisions when parties fail to appear when summoned or disobey an order of the Tribunal.
Mr Cosgrove said establishing the new Tribunal is part of the Bill's package of reforms aimed at speeding up the dispute resolution process so owners of leaky homes can get compensation from the liable parties and get their homes fixed faster.
Other key proposals in the Bill include: more comprehensive assessment reports so people can claim for potential as well as actual weathertightness-related damage; changing the voting thresholds to make it easier to resolve multi-unit claims; a new streamlined process for lower value claims; requiring territorial authorities to place WHRS notices on Land Information Memorandum (LIM) reports and time limited mediation.
Mr Cosgrove said he hopes to have the legislation passed before Christmas, and to have the reforms in place for 1 April 2007.
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Background Information
What is the role of WRHS adjudicators?
The
function of adjudicators is to determine the liability of
respondents to a claim and remedies in relation to eligible
claims referred to the WHRS for adjudication.
What is the
role of the newly appointed Chief Adjudicator?
The Chief
Adjudicator will be primarily responsible for delivering an
efficient WHRS adjudication service, and for providing
leadership to the current four adjudicators.
What are the
key proposals in the Weathertight Homes Resolution Services
Amendment Bill, including those related to adjudication
services?
The key proposals to amend the Weathertight
Homes Resolution Services Act 2002 are;
- A new
streamlined process involving pre-hearing conferencing and
time-limited mediation before claims move to
adjudication
- Beefed up assessment reports for all WHRS
claimants so people can claim for potential as well as
actual weathertightness-related damage
- The
establishment of a new Weathertight Homes Tribunal to
provide independent adjudication services
- Changing the
voting thresholds to make it easier for a class action
approach to be taken by owners of units within apartment
blocks
- Requiring territorial authorities to place WHRS
notices regarding affected property files on Land
Information Memorandum (LIM) reports
- Clear objectives
for adjudicators to take a more investigative approach
-
Enhancing the power and authority of adjudicators, including
new offence provisions when parties fail to appear when
summoned or disobey an order of the Tribunal
What do the
proposed WHRS enhancements mean for owners of
non-weathertight homes?
The main anticipated benefits of
the changes are:
- Home-owners will receive an accurate
and comprehensive assessment of the damage to their house
and what work is needed to repair it
- Improved
information and case management
- The average time for
claims to be resolved will be reduced
- Legal and
evidential costs incurred by claimants and other parties
should reduce
- Barriers to making claims by bodies
corporate and apartment owners will be reduced, assisting
these home-owners to resolve their disputes. Those living in
apartments form around 70% of WHRS claims
- Homeowners
will be able to claim for a wider scope of damage
What
happens now?
The Bill has been reported back by the
Social Services Select Committee and is before Parliament.
The Government hopes to pass the legislation this
year.
How do the WRHS reforms fit into the bigger
picture?
The WHRS enhancements are part of a package of
Government reforms aimed at ensuring homes are built right
the first time. These include the licensing of those who
design and build while protecting the Do-It-Yourself (DIY)
culture, the review of the Building Code, an accreditation
and auditing scheme for Building Consent Authorities, sector
and consumer education, building product certification, a
financial assistance scheme pilot to help owners of leaky
homes in the worst of circumstances, and investigation into
a home warranty insurance.
ENDS