Auchinvole Chris: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
Text is incorporated into the Bound Volume 
Auchinvole Chris: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19924. Text is incorporated into the Bound Volume.] 
CHRIS AUCHINVOLE (National—West Coast - Tasman) 
: 
 It is a pleasure to speak on the Weathertight Homes Resolution Services (Financial Assistance Package) Bill. I share the views that were expressed by my parliamentary colleague Darien Fenton the last speaker from the other side. I think everyone would acknowledge that the Minister for Building and Construction has done a tremendous job on this bill. In fact for those of us who came into Parliament in 2005 the issue has been an enduring concern. I am sure it has had consideration on both sides of the House as to how it should be resolved. 
It is being resolved on a no-blame basis and that is a significant part of its success. It is the same sort of success we have had with the accident compensation legislation. The solution otherwise was riven with legal difficulties as people sought to allocate responsibility blame people fold companies and start up other companies and dodge the issue. The councils were left in the position of being the last person standing and felt aggrieved about that. 
This solution as well as being of the no-blame variety is also a shared solution. The Government has stepped up with a financial assistance package to help people have their leaky homes not just fixed faster but fixed. I share the Minister’s concern at being told that he had not looked people in the eye. The members of the Local Government and Environment Committee had people come before us with heart-rending stories of feeling completely isolated in their position of not being able to do things. Many came to us to say they had engaged in litigation and had had what they thought was success. They had been awarded several millions of dollars only to find that the actual cost would be several million dollars more and that they were not covered. They were often elderly people who were in the position of not being able to borrow because they had used up their assets in their initial borrowing. As I said our hearts went out to them and we would have loved to help them but the opportunity is not always there. 
The priority of this legislation is to get the homes fixed. It is really nice to be associated with a little piece—well it is a large piece—of legislation that has a very clear purpose of getting the job done. That I would suggest is typical of this Minister as those of us who have had the pleasure of knowing Minister Williamson for many many years would know. I have known him for about 35 years probably. I remember when he was the kid from the electorate where they did things by computer. Technology has always been a major feature of his role in Parliament I am aware. But his capacity to get on with the job is another well-known feature of his profile and this bill will do that. We are moving beyond the current state of endless disputes litigation and disappointment. 
The financial assistance package is about spreading the cost as evenly and fairly as possible to get action. It ain’t a free ride for anybody. It has been really interesting to have the councils come to the select committee to express their views. They are not looking for a free ride and they are not looking for a cheap deal but they are interested in certainty of costs. This bill offers that. They are also aware of course of the contribution that is being made. The people making application are similarly interested in certainty and assurance. 
Several key changes are being made. The bill caps the participating territorial authority’s liability in accordance with the contribution agreement and any other contributing party’s liability—for instance other solvent defendants—for claims being addressed through the financial assistance package. It draws a bit of a line across the page. It removes the Crown’s liability for the failure of repairs made under the financial assistance package and any losses suffered as a result of actions of the Department of Building and Housing Treasury or the Crown under the financial assistance package processes. It provides a power for the appropriate Minister to prescribe a loan guarantee or indemnity for repairs made under the financial assistance package. It limits the time in which homeowners can apply to enter the financial assistance package to a period of 5 years from the time the package becomes operational. We asked the officials about that and they said that with the improvement in building procedures and with the improvement particularly in materials they felt that 5 years would cover the risk time of the continuation. 
The changes are necessary to facilitate the delivery of a financial assistance package to the owners of leaky homes.