NEW ZEALAND GAZETTE, No. 113

28 JULY 2011

Lower Hutt, Nelson, Blenheim, Greymouth, Timaru, Dunedin and Invercargill.

To make an appointment at one of these locations to inspect or purchase material incorporated by reference, call freephone 0800 242 243.

Dated at Wellington this 28th day of July 2011.

DAVID KELLY, Deputy Chief Executive, Building Quality, Department of Building and Housing.

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Weathertight Homes Resolution Services Act 2006

Contribution Criteria: Financial Assistance Package

To be a qualifying claimant under the Weathertight Homes Resolution Services Act 2006 (“the Act”), and eligible for a Crown contribution to their agreed repair costs for repairing a dwellinghouse, a homeowner must:

(a) have an eligible claim as defined in section 10 of the Act*; and

(b) meet the criteria set out in Clause 1 of this notice.

To be eligible for a contribution to their agreed repair costs for repairing the dwellinghouse from a Participating Territorial Authority, the homeowner must also meet the criteria in Clause 2 of this notice.

Definitions

In this notice:

Act means the Weathertight Homes Resolution Services Act 2006.

Agreed Repair Plan means a repair plan agreed in accordance with criterion 1E below.

Existing claimants means claimants who have lodged a claim under the Act prior to the date of this notice.

Financial Assistance Package means the package of financial assistance measures being offered by the Crown and any Participating Territorial Authority to qualifying claimants.

Participating Territorial Authority means a territorial authority which has agreed to participate in the Financial Assistance Package.

Other terms in italics in this notice are defined in the Act*.

The headings in this notice are for convenience only and do not affect the interpretation of the clauses of this notice.

Clause 1: Crown Contribution Criteria

To qualify for a contribution from the Crown, all of the criteria in this clause 1 must be met:

A. No prior settlement: The dwellinghouse must not have been the subject of a settled weathertight claim with a Participating Territorial Authority, whether that settlement was reached by agreement, mediation, through adjudication or any other civil proceedings.

B. WHRS Mediation and Adjudication: If the claimant has applied for adjudication under the Act (regardless of whether the claimant has commenced mediation or adjudication) and the relevant Participating Territorial Authority was either named as a party in the application or later joined to the application, then:

(i) the Participating Territorial Authority must agree to the claimant receiving a financial contribution under the Financial Assistance Package; and

(ii) the claimant must withdraw from adjudication in accordance with section 67 of the Act.

To avoid doubt, a claimant will not be required to withdraw an application for adjudication until all other applicable criteria are met.

C. Other civil proceedings: If the claimant has applied for or is involved in any other civil proceedings relating to the weathertightness of the dwellinghouse where the relevant Participating Territorial Authority is named as a party, or has been joined as a party:

(i) the Participating Territorial Authority must agree to the claimant receiving a financial contribution under the Financial Assistance Package; and

(ii) the claimant must discontinue the civil proceedings entirely.

(iii) if the claimant has applied for mediation or adjudication under the Act in respect of the same dwellinghouse, the claimant must also comply with clause 1B(ii).

To avoid doubt, a claimant will not be required to discontinue civil proceedings until all other applicable criteria are met.

D. Assessor’s report: Subject to the criteria in clause 1I, the claimant has obtained a full assessor’s report or a concise assessor’s report (but only if offered by the Department of Building and Housing (“the Department”)) under the Act.*

E. Agreed Repair Plan: Subject to the criteria in clauses 1H and 1I, a repair plan has been agreed to between the claimant and the Department.

F. Financial means: Subject to the criteria in clauses 1H and 1I, the claimant must demonstrate to the Department’s satisfaction that they can pay their share of the cost of the works shown in their Agreed Repair Plan (taking into account the amount which will be contributed by the Crown and any Participating Territorial Authority and any contingency amount required by the Department).

G. Existing claimants to decide in 3 months: Existing claimants who have not yet applied for adjudication under the Act must advise the Department in writing that they wish to be assessed to determine whether they meet the criteria set out in this notice by no later than the date which is three months after the date of this notice.

H. Existing claimants with full assessor’s report who have undertaken repairs: Claimants who:

(i) have an eligible claim as at the date of this notice; and

(ii) have carried out or physically commenced weathertight repairs to the relevant dwellinghouse (whether or not the repairs have been completed) before the date of this notice which the claimant wishes to have included in the agreed repair costs; and

(iii) have a full assessor’s report that encompasses all weathertight repairs they wish to include in their claim; and

(iv) had building consent granted for the repairs on or after 1 November 2009,

are eligible for a contribution provided that:

(v) criteria 1E and 1F will only apply to the extent that the repairs have not been completed; and

(vi) all other applicable criteria are met; and

(vii) the repairs have been carried out in accordance with all applicable laws and are satisfactory to the Department.