Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Act 2011

1: Title
This Act is the Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Weathertight Homes Resolution Services Act 2006 2011-07-23 Weathertight Homes Resolution Services Act 2006
1: Amendments to principal Act
4: New section 3 substituted
Section 3
3: Purpose of this Act
The purpose of this Act is—
a: to provide owners of dwellinghouses that are leaky buildings with access to speedy, flexible, and cost-effective procedures for the assessment and resolution of claims relating to those buildings; and
b: to provide for certain matters relating to the provision of a package of financial assistance measures to facilitate the repair of those buildings.
5: Overview of this Act
Section 4 Financial assistance package
ha: Part 1A .
6: Interpretation
Paragraph (b) of the definition of civil proceedings section 8 sections 84 and 105 sections 84, 105, 125G, and 125H
7: New Part 1A inserted
The following Part is inserted after Part 1
1A: Financial assistance package
Preliminary
125A: Purpose of this Part
The purpose of this Part is to facilitate the repair of leaky buildings by providing for certain matters relating to the provision of a package of financial assistance measures to qualifying claimants.
125B: Interpretation
1: In this Part, unless the context otherwise requires,— additional contributing party
a: means either or both of the following:
i: the relevant territorial authority, if it agrees to—
A: participate in the provision of the package of financial assistance measures to qualifying claimants; and
B: make, under a contribution agreement, a financial contribution towards the agreed repair costs of the dwellinghouse concerned:
ii: any other party (if any) who agrees to make a contribution (whether financial or otherwise) towards the agreed repair costs of the dwellinghouse concerned; but
b: does not include a claimant or a lender agreed repair costs
a: means the costs or expenses that—
i: a claimant may incur, or has incurred, to effect any repair agreed in a contribution agreement; and
ii: are agreed with the claimant; and
b: includes—
i: any associated costs:
ii: the agreed value of any non-financial contribution made by any additional contributing party that is not a relevant territorial authority; but
c: does not include any legal costs or expenses associated costs
a: a valuer's report on the valuation of a dwellinghouse before the repair is commenced:
b: design work in relation to or in connection with any repair:
c: project management in relation to or in connection with any repair:
d: building consent in relation to or in connection with any repair:
e: resource consent under the Resource Management Act 1991 in relation to or in connection with any repair:
f: alternative accommodation for the claimant in connection with or as a result of any repair:
g: storage for the claimant's furniture, household appliances, and other household effects in connection with or as a result of any repair if the furniture, household appliances, and other household effects were in the dwellinghouse at the time of commencement of the repair contributing party contribution agreement
a: is entered into between—
i: a claimant and the contributing party; or
ii: a claimant, the contributing party, and any additional contributing party; and
b: sets out the terms and conditions for the provision of financial assistance measures to the claimant financial assistance measures
a: a financial support facility that is in the form of,—
i: in the case of the contributing party and, if applicable, any additional contributing party that is a relevant territorial authority, a financial contribution towards the agreed repair costs of a dwellinghouse; and
ii: if applicable, in the case of any other additional contributing party, any or all of the following contributions towards the agreed repair costs of a dwellinghouse:
A: a financial contribution:
B: the provision of a service:
C: the supply of goods:
b: a credit support facility that is in the form of a guarantee or indemnity given to a lender under section 125I(2)
i: any loan advanced by the lender to a claimant for the sole purpose of meeting the balance of the agreed repair costs of a dwellinghouse that are not otherwise covered by the financial contributions referred to in paragraph (a)
ii: any loan advanced by the lender to a claimant as a result of the restructuring or refinancing of the loan described in subparagraph (i) lender section 125J(1)(a) section 125J(1)(b) qualifying claimant
a: has an eligible claim in respect of a dwellinghouse; and
b: meets the contribution criteria that are specified by the chief executive by notice in the Gazette relevant territorial authority repair
a: means any repair to a dwellinghouse that is the subject of a contribution agreement that the parties to the agreement have agreed is directly necessary to—
i: rectify any damage to the dwellinghouse as a consequence of its penetration by water because of some aspect of its design, construction, or alteration, or of materials used in its construction or alteration; and
ii: make the dwellinghouse weathertight; and
b: includes demolishing the dwellinghouse and rebuilding or re-erecting it, if provided for under the contribution agreement territorial authority
2: In this Part, unless the context otherwise requires, approved chief executive civil proceedings claim claimant court of competent jurisdiction damages department dwellinghouse eligible claim leaky building Minister Applications for financial assistance measures
125C: Application for financial assistance measures
A qualifying claimant who wishes to obtain any financial assistance measures in relation to a dwellinghouse may apply to the chief executive in the approved manner.
125D: Deadline for application for financial assistance measures
An application under section 125C Assessments relating to applications for financial assistance measures
125E: Assessors may prepare concise assessor's report relating to application for financial assistance measures and provide other advice or recommendation
1: In addition to any functions, duties, or powers of an assessor under Part 1, an assessor may carry out either or both of the following functions if requested to do so by the chief executive:
a: prepare a concise assessor's report in relation to a dwellinghouse for which an application under section 125C
b: provide any other advice or recommendation in relation to the repair of the dwellinghouse concerned (including, for example, a reassessment of the damage to a dwellinghouse after the repair has commenced).
2: To avoid doubt, section 122 applies to an assessor in the performance of any of the functions under subsection (1)
3: A concise assessor's report
a: the work needed to make a dwellinghouse weathertight; and
b: the estimated cost of that work.
4: A concise assessor's report may (but is not required to) contain information about—
a: the nature and extent of the damage caused by water penetrating a dwellinghouse; and
b: what caused that damage. Restrictions on civil proceedings relating to financial assistance measures
125F: Protection from liability
1: No civil proceedings may be brought against the Crown, the department, the Treasury, or any of the persons specified in subsection (2)
2: The persons referred to in subsection (1)
a: a Minister of the Crown:
b: the chief executive:
c: the Secretary to the Treasury:
d: an employee, agent, or contractor of the Crown.
3: Subsection (1)
4: A person is not exempted from liability under subsection (1)
125G: Restriction on naming or joining contributing party or additional contributing party as defendant or third or subsequent party in certain civil proceedings, or otherwise seeking remedy or relief from them
1: Neither a claimant nor any other person may name, join, or seek to name or join the contributing party and, if applicable, any additional contributing party as a defendant or a third or subsequent party in any civil proceedings relating to a dwellinghouse if—
a: the dwellinghouse is or was the subject of a contribution agreement; and
b: the civil proceedings relate to the circumstances that gave rise to the need to repair the dwellinghouse in accordance with the contribution agreement.
2: Neither a claimant nor any other person may apply in any civil proceedings for any remedy or relief from the contributing party and, if applicable, any additional contributing party relating to a dwellinghouse if—
a: the dwellinghouse is or was the subject of a contribution agreement; and
b: the civil proceedings relate to the circumstances that gave rise to the need to repair the dwellinghouse in accordance with the contribution agreement.
3: A restriction under subsection (1) or (2)
4: A restriction under subsection (1) or (2)
a: the claimant receives the first payment from the additional contributing party under the contribution agreement, if the contribution from that additional contributing party under the agreement is in the form of a financial contribution:
b: the provision of a service by the additional contributing party under the contribution agreement is completed, if the contribution from that additional contributing party under the agreement is in the form of the provision of a service to the claimant:
c: the supply of goods by the additional contributing party under the contribution agreement is completed, if the contribution from that additional contributing party under the agreement is in the form of the supply of goods to the claimant.
5: If the contribution from an additional contributing party under a contribution agreement is a combination of the forms described in subsection (4) subsection (1) or (2) subsection (4)(a) to (c) Effect of contribution agreement on civil proceedings relating to dwellinghouse
125H: Effect of contribution agreement on civil proceedings relating to dwellinghouse
1: This section applies to civil proceedings that—
a: are not restricted under section 125G
b: relate to a dwellinghouse that is or was the subject of a contribution agreement.
2: In assessing damages in any civil proceedings to which this section applies, the court or tribunal must, to the extent that it is relevant, take into account any contributions made under the contribution agreement. Guarantees or indemnities may be given by Minister
125I: Minister may give guarantee or indemnity
1: The purpose of this section is to facilitate the provision of financial assistance measures that are in the form of a credit support facility to lenders.
2: For the purpose of this section, the Minister may, on behalf of the Crown, give a written guarantee or indemnity in respect of—
a: any loan advanced by a lender to a claimant if the sole purpose of the loan is to meet the balance of the agreed repair costs of a dwellinghouse that are not otherwise covered by the financial contributions provided to the claimant by the contributing party and, if applicable, any additional contributing party under a contribution agreement:
b: any loan advanced by a lender to a claimant as a result of the restructuring or refinancing of the loan described in paragraph (a)
3: The Minister must give the guarantee or indemnity on any terms and conditions specified by the Minister of Finance under section 125K
4: If the contingent liability of the Crown under the guarantees or indemnities given under subsection (2)
a: publish in the Gazette
b: present the statement to the House of Representatives.
5: The statement may contain any details about the guarantees or indemnities that the Minister considers appropriate.
125J: Minister of Finance may specify types of financial institutions and criteria
1: The Minister of Finance may, by notice, specify—
a: types of financial institutions in respect of which guarantees or indemnities may be given under section 125I(2)
b: criteria for financial institutions to satisfy before those guarantees or indemnities may be given.
2: Different criteria may be specified for different types of financial institutions.
3: The Minister of Finance—
a: must publish the notice in the Gazette
b: may withhold from the notice information that he or she considers to be commercially sensitive.
125K: Minister of Finance may specify terms and conditions of guarantees or indemnities
1: The Minister of Finance may specify the terms and conditions on which guarantees or indemnities may be given under section 125I(2)
a: the monetary limits of the guarantees or indemnities; and
b: the form and content of the guarantees or indemnities; and
c: the maximum limit of the Crown's contingent liability under the guarantees or indemnities; and
d: the period during which the guarantees or indemnities may be given.
2: If the Minister of Finance specifies the terms and conditions on which guarantees or indemnities may be given under section 125I(2) Gazette
3: The statement may contain any details about the terms and conditions that the Minister considers appropriate.
125L: Recovery of money paid under guarantee or indemnity
1: Any money paid by the Crown under a guarantee or indemnity given under section 125I(2)
2: A debt referred to in subsection (1)
a: is recoverable in any court of competent jurisdiction:
b: may be paid over any period of time and on any terms and conditions that the Minister of Finance thinks fit:
c: may be written down by the Minister of Finance (except that the debt must not be written down below its market value other than in accordance with an appropriation, or other authority, by or under an Act).
3: This section does not limit or affect any other rights that the Crown may have as guarantor or indemnifier.
125M: Payments in respect of guarantee or indemnity
Any money paid by the Crown under a guarantee or indemnity given under section 125I(2)
2: Consequential amendment to, and relationship with, Public Finance Act 1989
8: Consequential amendment to Public Finance Act 1989
1: This section amends the Public Finance Act 1989
2: The definition of public security section 65D(2) or the Crown Retail Deposit Guarantee Scheme Act 2009 , the Crown Retail Deposit Guarantee Scheme Act 2009, or section 125I 2011-07-23 Public Finance Act 1989
9: Act does not limit Public Finance Act 1989
Except as provided in section 8 Public Finance Act 1989