Hon Mark Burton
Minister of Justice
Hon Rick Barker
Minister for Courts
Hon Clayton Cosgrove
Minister for Building and Construction

19 March 2007 Media Statement

Appointments made to Weathertight Homes Tribunal

The appointment of four Members to the new Weathertight Homes Tribunal heralds another milestone as the Government moves to get better outcomes for those affected by leaky homes, Ministers Mark Burton, Rick Barker and Clayton Cosgrove said today.

The four new members appointed by the Governor-General The Honourable Anand Satyanand are: Murray Carter, Judge Simon Lockhart, Susan Pezaro and Roger Pitchforth. They will join Patricia McConnell – currently Chief Adjudicator of the Weathertight Homes Resolution Service at the Department of Building and Housing – who will become Chair of the new Tribunal when it commences on 2 April 2007.

The establishment of the new Tribunal is one of the key reforms arising from the Weathertight Homes Resolution Services Act 2006 that was passed last December.

"The Weathertight Homes Tribunal will provide prompt, cost-effective and more independent adjudication for leaky home claims. The extensive knowledge and experience of the Tribunal members will be of great benefit to claimants," Justice Minister Mark Burton said.

Building and Construction Minister Clayton Cosgrove said the claims resolution process under the previous Weathertight Homes Resolution Services Act 2002 was often too slow, being unnecessarily drawn out by lawyers and experts.

"The new Act introduces tough new measures to get liable parties around the table. These include a preliminary conference where the adjudicator will set the ground rules, enhanced investigative powers and authority for the new Tribunal, and new offence provisions when parties fail to appear when summoned or disobey an order of the Tribunal."

Mr Cosgrove said the new Tribunal is part of the Act's package of reforms aimed at speeding up the dispute resolution process so owners of leaky homes can get compensation from the liable parties and fix their homes faster."

Courts Minister Rick Barker said that the Tribunal's establishment would provide for a fair and effective way of addressing leaky home disputes.

“The administration of Courts and Tribunals is a core function of the Ministry of Justice and those appearing before the Weathertight Homes Tribunal will benefit from the Ministry's independence and expertise.”

Affected homeowners first apply to the Department of Building and Housing to have their home assessed and claim eligibility decided under the 2006 Act. The Department provides the assessment, negotiation and mediation services for leaky home claims. If an owner’s claim is decided eligible and the repairs required are assessed at over $20,000 (or the repairs already made cost over $20,000), the claimant may then apply to the Tribunal for adjudication. Claims for $20,000 or less follow a more streamlined process within the Department. If a settlement is not reached this way, a claimant with a lower-value claim may apply to the Tribunal.

Existing claimants currently in adjudication will have the choice of staying with the existing WHRS adjudication process (and completing the adjudication under the terms of the 2002 Act) or withdrawing from that process and applying to the new Tribunal for adjudication under the 2006 Act.

The outcome of adjudication is a legally binding decision from the Tribunal as to who is responsible for the leaks, who should pay, and how much.

The Tribunal will have offices in Auckland and Wellington, which are the regions with the most affected homes. Most of the members will be based in Auckland, though hearings will be held around the country when required.

Biographical Information

Murray Carter has 15 years adjudication experience, completing nearly 3000 cases for the Accident Compensation Corporation and Dispute Resolution Services. He is legally qualified (LLB), and has also worked for the Broadcasting Tribunal, of which he was co-opted as a Member for a year.

Judge Simon Lockhart retired as a District Court Judge in January 2007 after a distinguished 10-year career on the Bench, in both civil and criminal jurisdictions. He is a former partner in the Auckland law firm Jackson-Russell, and then a Barrister. He was appointed Queen’s Counsel in 1982, and has held a number of Law Society offices. Judge Lockhart’s experience will be particularly valuable to the work of the Tribunal.

Susan Pezaro has been a Disputes Referee since 1992 and a Tenancy Adjudicator for the past 6 years. She is due to complete an LLM later this year (from Monash University in Melbourne), specialising in tribunal adjudication. Her previous career included working as a mediator and a Family Court Counsellor.

Roger Pitchforth was the Director of the Disputes Resolution Centre at Massey University from 1995 to 2004. He works as an arbitrator, mediator and adjudicator, and has been a Fellow of the Arbitrators and Mediators Institute of New Zealand since 1992. Between 1969 and 1984 he practiced as a barrister and solicitor.

ENDS

See... Flowchart giving an overview of the claim process and the Tribunal’s role (PDF)

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