Resolution options for eligible WHRS claims

If a WHRS claim is found to be eligible, the claimant can:

• start or continue repairs
• proceed to resolution.

Resolution is the process of settling a WHRS claim. The claimant’s options under the WHRS Act will depend on their estimated or actual repair costs. The Act offers two separate resolution paths.

1. Lower-value WHRS claims process

Claimants with WHRS claims for which the estimate or actual repair costs total $20,000 or less can apply for Weathertight Services’ lower-value WHRS claims dispute resolution assistance (see lower-value WHRS claims process).

This process offers access to negotiation and mediation.

• Negotiation is an informal discussion about the claim where parties try to reach a solution by themselves. Although Weathertight Services assists in arranging the negotiation, the claimant chairs and runs the negotiations.
• Mediation is a meeting where a mediator provided by Weathertight Services helps parties to a claim to agree on a solution. The mediator is neutral and does not make any decisions about the claim.

If mediation is unsuccessful, claimants can apply to the Weathertight Homes Tribunal for adjudication based on papers relating to the claim. For more information see the relevant lower-value WHRS claims process section.

2. Standard WHRS claims process

Claimants with WHRS claims for which estimated or actual repair costs total $20,000 or more can apply to the Weathertight Homes Tribunal for resolution by adjudication. There is a fee of $400 for this.

A Ministry of Justice case manager will administer the claim from this point and a Tribunal member will be appointed.

Adjudication has the following stages.  

• Pre-hearing: A preliminary conference will be held to consider matters such as joining and/or removing applications, and setting out a timetable for the adjudication and a mediation date if applicable.
• Mediation opportunity: The Tribunal may refer the claim to a time-limited mediation.
• Adjudication hearing: The hearing is a judicial proceeding where the Tribunal clarifies and tests evidence presented to them.
• Decision: After a hearing the Tribunal produces a legally binding decision.

If the claim is settled during the mediation, the hearing will not be needed. A binding and legally enforceable agreement will have been signed by the parties and witnessed by the mediator.

The Tribunal has further information on the adjudication process on its website and in their brochure. Copies are available from Weathertight Services.

For more information on homeowner resolution options see Eligible lower-value WHRS claims: homeowner options or Eligible standard WHRS claims: homeowner options.

Enforcement

Resolutions under the Act are enforceable in the District Court, as follows.

Negotiated agreements can be enforced in the District Court only if a Weathertight Services mediator signs a statutory declaration after a written agreement is reached.

Any agreed settlement reached at mediation is binding on those agreeing to it and can be enforced in the District Court.

A Tribunal decision following an adjudication is the equivalent of an order of a District Court. It may be enforced in the same way as a court order.

The Ministry of Justice can provide more information on enforcement. See their website .

Other resolution options

There is no obligation on a claimant to use the Weathertight Services resolution process or the Weathertight Homes Tribunal. Claimants can also use:

• the court system
• the Disputes Tribunal (if your claim is for an amount less than $7,500 or less than $12,000 if everyone involved agrees to participate)
• private negotiation
• private mediation or arbitration.

Claimants do not have to close their WHRS claim while they try these other options. However, a claimant cannot undertake adjudication with the Weathertight Homes Tribunal while they are undertaking proceedings through the courts or the Disputes Tribunal.