Duynhoven Harry: Weathertight Homes Resolution Services (Remedies) Amendment Bill Building (Consent Authorities) Amendment Bill — Third Readings 
Duynhoven Harry: Weathertight Homes Resolution Services (Remedies) Amendment Bill Building (Consent Authorities) Amendment Bill — Third Readings 
[Volume:641;Page:11298] 
Hon HARRY DUYNHOVEN (Minister for Transport Safety) 
: 
 Before the debate was interrupted on Thursday my colleague the Hon Judith Tizard on behalf of the Minister for Building and Construction was reminding the House that the Weathertight Homes Resolution Services (Remedies) Amendment Bill does not require that general damages must be awarded. Indeed prior to the High Court judgment such damages had been awarded in only a minority of determinations—just 21 percent. Moreover when there has been an award the amounts have been modest averaging just $9450. The bill clarifies and confirms Parliament’s original intent. It restores to the adjudicators and the tribunal deciding these claims the ability to award general damages for mental anxiety or distress in the same way as do the courts. 
The Minister wishes to thank John Gray and other Leaky Homes Action Group members for their strong support for this amendment. Also thanks are due to the New Zealand Law Society for its active and expert guidance which has been of great value and to the Social Services Committee for the efficiency and focus with which it has dealt with this legislation within a very short time frame. 
The Building (Consent Authorities) Amendment Bill amends the Building Act 2004 by extending the date by which territorial and regional authorities have to be accredited and registered as building consent authorities or by which they have to transfer their building consent functions to an accredited and registered building consent authority—for example a neighbouring council—to perform from 30 November 2007 to 30 June 2008. The legislation also allows more time for territorial authorities to transfer to regional councils the responsibility for issuing building consents for new dams built in their areas. A fail-safe provision allows for the extended deadline to be extended by regulation rather than legislation having to come back to the House in the unlikely event that an extension becomes necessary. 
The amendment to the Building Act 2004 establishes an accreditation and registration scheme for building consent authorities. The scheme will strengthen New Zealand’s building controls system. The aim is to ensure that building consent authorities have the resources and the systems in place to deliver high-quality building consents in a timely manner. Guidance and support is being provided to councils and the Government has provided a $3 million accreditation assistance package. Councils have a strong commitment to achieving accreditation by November or making alternative arrangements. Local Government New Zealand is also providing strong leadership to the sector on this issue. I am advised that so far 72 out of 73 territorial authorities have applied to become accredited and one the Palmerston North City Council has achieved accreditation. Nine regional councils are arranging to transfer their building consent functions to a registered building consent authority and the remaining three are preparing to apply for accreditation. 
Although the vast majority of local authorities are on target for meeting their original deadlines some councils particularly small rural councils with capacity or capability limitations may not complete accreditation or transfer their functions to a registered building consent authority on time. Making the leap to the higher standards that the Government has set for building consenting inspection and approval so as to protect prospective homeowners is proving to be a challenge for some. A few councils simply need more time to come up to speed and make the necessary changes. The Government is making no criticism of those councils; they are working hard to get across the line. Extending the date simply reflects that councils are committed and working hard towards achieving accreditation or transferring their building consent functions but that some are unlikely to be able to complete the process by November 2007. Allowing these councils an additional 7 months ensures the certainty continuity and confidence of building consent activities the building industry and people building and renovating. This is a prudent and common-sense action to take as is using an existing bill before the House to give effect to this action. I commend these bills to the House.