Weathertight Homes Resolution Services (Remedies) Amendment Act 2007

1: Title
This Act is the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Purpose and application of Part 2
3: Principal Act amended
Part 2 Weathertight Homes Resolution Services Act 2006 2007-08-29 Weathertight Homes Resolution Services Act 2006
4: Purpose of Part 2
The purpose of Part 2
a: may be for general damages (for example, for relevant mental distress), or for any other remedy, that could be claimed in a court of law in relation to, or for consequences of, all or any of specified damage, deficiencies, loss of value, and penetration of water; and
b: may be resolved by a determination that is made under it by the tribunal and that is or includes an order requiring the payment of general damages (for example, for relevant mental distress).
5: Claims affected by amendments made by Part 2
1: The amendments made by Part 2
a: claims brought under the principal Act after the commencement of this Act; and
b: claims brought under the principal Act, but not withdrawn, terminated, or otherwise disposed of (for example, through resolution by a settlement agreement, or by a determination by the tribunal), before the commencement of this Act; and
c: claims adjudication of which was initiated under the Weathertight Homes Resolution Services Act 2002
i: under section 149 of the principal Act section 148 of the principal Act section 149(1) of the principal Act
ii: are not withdrawn, terminated, or otherwise disposed of before the commencement of this Act.
2: The claims in subsection (1)(a) (b)
a: brought under the former Act; and
b: of the kind specified in subsection (1)(c)
c: that are withdrawn and adjudicated under the principal Act in accordance with section 150 or 153 subpart 6 of Part 2, of the principal Act
3: A reference in subsection (1)(b) subpart 3, 4, or 5 of Part 2 of the principal Act Part 1 of the principal Act
a: as if it were a claim brought under the principal Act; and
b: subject to the relevant modifications specified in subpart 3, 4, or 5 of Part 2 of the principal Act
4: A claim disposed of through resolution by a determination of the tribunal, an adjudicator, or a person specified in section 149(1) of the principal Act subsection (1)
5: If, under subsection (1) Part 2
a: on adjudication at first instance by the tribunal, an adjudicator, or a person specified in section 149(1) of the principal Act
b: on any appeal or rehearing, and for the purposes of any review proceeding.
2: Amendments to principal Act
6: Interpretation
Section 8 damages general damages
a: cannot be objectively quantified in monetary terms; and therefore
b: are assessed and quantified in broader terms mental distress
a: emotional or mental anxiety:
b: distress or stress relevant mental distress section 50(1)(a) to (e) .
7: New section 50 substituted
Section 50
50: What remedies may be claimed
1: As long as it is an eligible claim, a claim under this Act may be for any remedy that could be claimed in a court of law in relation to, or for consequences of, all or any of the following:
a: deficiencies that enabled the penetration of water into the building concerned:
b: the penetration of water into the building concerned:
c: damage or loss of value caused by the penetration of water into the building concerned:
d: loss of value caused by the fact that there are deficiencies in the building concerned:
e: deficiencies that are likely in future to enable the penetration of water into the building concerned.
2: Remedy subsection (1)
3: Subsections (1) and (2)
a: are not limited or affected by subsection (2)(d), (3)(d), or (4)(d) of section 42
b: are subject to section 91
8: How to initiate adjudication
Section 62(3)(c)
a: by omitting relief or
b: by inserting ( see section 50 remedy
9: Tribunal's determination: substance
Section 90(1)
1: The tribunal may make any order that a court of competent jurisdiction could make in relation to a claim in accordance with principles of law.
1A: An order under subsection (1)
1B: Subsection (1A) subsection (1)
10: Claim may continue under former Act or be withdrawn
Section 148(1)
1: The claim must be dealt with—
a: as if Part 1
b: under the former Act as modified by section 148A
11: New section 148A inserted
The following section is inserted after section 148
148A: How former Act modified for section 148(1)
The former Act must for the purposes of section 148(1) Schedule 4
12: New Schedule 4 added
The principal Act is amended by adding the Schedule 4 set out in the Schedule