This section explains the main stages of the Tribunal process. For explanations of related procedures and requirements, see the 'Key information' page. (For more detailed information about Tribunal procedures, see the Chair's Directions.)
Note that the guiding principle of the Tribunal's proceedings is always to ensure a speedy, efficient and cost-effective adjudication process, as required under the 2006 Act. Consequently, timetables, time limits and other directions of the Tribunal need to be followed, and will generally be varied only in special circumstances.
To enable speedy and efficient adjudication of their claim, it is vital that claimants have all the evidence, costings and other documentation supporting their claim ready before they apply to the Tribunal. (The Department of Building and Housing's claims advisors can assist claimants in preparing and filing the Tribunal application.)
For the Tribunal to register the application, the claimant needs to file all of the following (in both electronic format and hard copy, where possible):
Claimants are responsible for serving all those named as respondents with the relevant documents. However, if all the details for a respondent are not known, the claimant may be able to proceed with the application if the details are likely to be identified through the claim process.
Once the claim has been registered by the Tribunal, a Member of the Tribunal and Case Manager will be assigned to the claim, and all parties will be informed. Any queries about the adjudication process can then be made to the assigned Case Manager.
Respondents must file their formal, written responses to the Tribunal and claimant within 25 working days of receiving the claim information. The response must address each cause of leaking identified in the claim (and/or other evidence), stating:
Requests for extensions to the time limit are unlikely to be granted unless there is a very good reason, such as amendment of the claim. If responses are not received in time, the Tribunal has the power to progress the claim without them.
If a respondent believes the claim does not apply to them and/or that it applies to someone else who is not listed, they need to file separate "removal" and/or "joinder" applications with the Tribunal and serve them to the claimant and the other respondents.
When a respondent believes that other people or companies not named by the claimant are liable under the claim, they can apply to the Tribunal to have that person/company joined as a respondent. The application must be filed in writing using the Tribunal's joinder/removal application form and should include:
A joinder application should be made prior to the preliminary conference, and must be served to the new party and all other parties at the same time as it is filed with the Tribunal.
If a respondent believes they have no liability under the claim, they can apply to be removed from the claim. Such removal applications must be filed in writing using the Tribunal's joinder/removal application form, and served to the claimant and other respondents at the same time.
Removal applications will generally be considered during the preliminary conference. If the removal is disputed and cannot be decided without hearing evidence from witnesses, then the decision must wait for the formal hearing.
The preliminary conference will occur between 15 - 25 working days after the respondents have been served with the claim. The purpose of this conference is to ensure all the parties will be prepared correctly for the hearing.
Specifically, the conference will:
To facilitate this, the claimant and all respondents must attend the conference, along with any legal representatives or advisers. If any party does not attend, the assigned Member of the Tribunal may proceed with the conference regardless.
The venue for the conference will generally be in the region of the building concerned, and in Auckland or Wellington it will be held in the Tribunal's hearing rooms. If there is difficulty bringing the parties together in the same place, the preliminary conference may be held by teleconference.
The assigned Member of the Tribunal may refer the claim for mediation if they consider a settlement may be reached. Mediation is a private meeting of the parties outside of the judicial process in which they attempt to settle the dispute, facilitated by a professional mediator. (A mediator provided by the Department of Building and Housing is available at no cost.) The outcome is confidential and, if a settlement is reached, the claimant must apply to the Tribunal to withdraw the claim.
If mediation fails or if it takes longer than the period allowed by the Tribunal, the Tribunal may proceed to a formal hearing.
Further information on mediation is provided in the Department of Building and Housing's mediation booklet (available from the Department and the Tribunal) or on the Department's website. www.dbh.govt.nz
If aspects of expert reports are disputed, the assigned Member of the Tribunal may order an independent conference of experts. The purpose is for the experts to reach agreement on the:
The outcome will be a joint, signed statement from the expert witnesses stating what they agree on and what they disagree on, and the reasons for disagreement.
To ensure impartiality, no parties or legal representatives/advisers will be involved in either the conference or preparation of the statement. The facilitator will be a Tribunal representative who is not involved with the case and, apart from the joint statement, the discussions at the conference cannot be used as evidence unless all parties agree.
The hearing is a formal, judicial proceeding that is open to the public and is led by the Member of the Tribunal assigned to the claim. The purpose is for the Member to clarify and test the evidence and witness statements/reports, all of which will have been presented to the Tribunal prior to the hearing. The focus of the hearing is an inquiry by the Member, who will use an inquisitorial (questioning) process. The outcome is a decision by the Member that is binding on all parties.
Each party will first be invited to give a brief opening statement, then will answer questions from the Member, followed by questions from other parties (if permitted by the Member). The claimant will present their case first, then the respondent/s.
Witnesses are expected to be available for the hearing, and must attend the hearing if summoned to answer questions. The Member will generally allow relevant questioning of a witness by another party, but the Member has powers to stop questioning that they consider unnecessary or time-wasting.
The assigned Member may decide to view the claimant's dwelling in order to clarify the disputed issues and/or to better understand the evidence. If so, all parties will be given notice of the site visit and are entitled to attend.
Within a month of the hearing, the Member of the Tribunal assigned to the claim will produce a written decision that is legally binding on all parties. It sets out who is responsible for the leaks, who should pay the claimant, and how much they should pay. It will be sent to all the parties before being published in the 'Decisions' section of this website.
The information about the Tribunal's processes that is provided on this website is also available in the form of a printed brochure entitled 'Introduction to Weathertight Homes Tribunal'. Copies of the printed brochure (in English only) are available from the Tribunal's offices, the Department of Building and Housing, and from District Courts.
The text of the brochure can also be downloaded from this website by clicking one of the following links. It is available three languages in English, in simplified Chinese and in Korean:
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