Impact of the WHRS Act 2006 on existing claims

The new Weathertight Homes Resolution Services Act 2006 (the WHRS Act) came fully into force on 1 April 2007 following its enactment on 18 December 2006. The WHRS Act 2006 replaces the WHRS Act 2002.

The changes in the WHRS Act are focused on getting leaky homes fixed as early as possible, settling disputes faster and enhancing consumer protection.

For claims accepted under the 2002 Act, the impact of the new legislation depends on where in the process a claim is at on 1 April, and how a claimant decides to proceed.

Details about the transition process and options for claimants are summarised in information sheets for stand-alone properties and properties within a multi-unit complex. The sheets outline the WHRS Act’s new provisions and how an existing WHRS claim will proceed after 1 April.

As detailed in the information sheets, new provisions affecting existing claims include:

• a new Weathertight Homes Tribunal
• the possibility for claimants to claim for wider remedies (both actual and potential damage)
• Land Information Memorandum (LIM) notifications
• the provision for Weathertight Services to close claims where the claimant is not making enough effort to resolve the claim.

In addition, properties within a multi-unit complex can now take a “class action” (they only need to make one claim for the whole complex and can proceed through resolution together).

Claims received after 1 March 2007 are being dealt with under the provisions of the new Act and will not be affected by this transition.

The Act is available at Public Access to Legislation Project  under “W”, you can download it here WHRS Act 2006 or you can buy it from Bennetts Bookshop.

Information on the Weathertight Home Tribunal is avaliable http://www.justice.govt.nz/tribunals/wht/

Contact us on 0800 324 477 if you have any queries