Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Leaky Buildings Dispute Resolution Service a trap

Leaky Buildings Dispute Resolution Service a trap for homeowners, says United Future MP

“The Government’s new leaky buildings dispute resolution process is very dangerous for homeowners, ” United Future MP Murray Smith has told Parliament “and it is absolutely imperative that home owners get legal advice before using the new mediation and adjudication service, as well as advice while they are using it.”

“The new service is likely to engender the same false sense of protection by the Government that homeowners thought they had under the Building Act but which has now proved to have been totally unreliable.”

Mr Smith said that the new process would encourage homeowners to settle with builders without all the documentation that they needed in order to assess the strength of their claim and for a sum far less than the value of their repairs.

“The danger of doing that,” he said “was that settlement could take away their contractual rights to sue other people such as sub-tradesmen, architects and local authorities and also leave them in a position where, if they discovered substantially more problems a few months down the track, they would have no right to make another claim.

“Good lawyers,” Mr Smith said, “would be able to advise people;

· Whether the new disputes process was the best process for their circumstances or whether the courts, arbitration or the Disputes Tribunal was likely to achieve a better overall outcome,

· Who they should bring into the claim,

· The likely costs, time factors and prospects of success of each option,

· Whether a “class action” was a possibility and how to join that,

· The documentary information that was needed and the legal processes available to obtain that information from other parties, and

· Whether a settlement offer from another party ought to be accepted including investigating a party’s financial ability to pay and whether the homeowner needed to safeguard the right to make a future claim.”

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

KiwiBailed: KiwiBuild Head Officially Resigns

The head of Kiwibuild, Stephen Barclay has officially resigned from the role. In a statement issued on his behalf, it was announced that he would step down from today [Friday].

Housing Minister Phil Twyford's office said he would not be commenting on Mr Barclay's resignation as it was an employment matter. Last month, Mr Twyford confirmed that Mr Barclay had not been at work for a number of weeks. More>>


Welfare Stats: Rise In Hardship Numbers Shows Income Inadequacy

The latest Ministry of Social Development quarterly report show that a record number of people have received hardship assistance from work and income, with an additional 40,000 hardship payments made between September and December 2018, compared to the previous quarter of the same year... More>>


DHBs "Prepared": Junior Doctors Strike Again

The needs of acute patients will be met during tomorrow's junior doctor strike, a DHB spokesperson says... Almost 3000 junior doctors are expected to walk off the job, which will affect all DHBs apart from West Coast District Health Board. More>>


Gordon Campbell: On MBIE’s Social Media Scam

Given the ambit of MBIE’s work, almost any form of social activity could qualify as being part of MBIE’s brief, so the privacy threats posed by this training programme are extensive. The current oversight safeguards seem threadbare to non-existent. More>>


JusTrade: New Campaign For A 21th Century Trade Agenda

‘Critique is no longer enough. If anything is to really change, we need to step away from the existing framework and take a first-principles approach to rethinking what will work for the 21st century.’ More>>


Gordon Campbell: Thompson + Clark Are The Tip Of The Iceberg

How can we tell where and how any lines are being drawn? Oversight is not exactly robust. If it were, Thompson + Clark would have been out of contention for state security work ten years ago. More>>

Trainers: Taratahi Institute of Agriculture In Interim Liquidation

Taratahi employ 250 staff and this year has provided education to over 2500 students. Taratahi owns and manages 8 farms throughout the country. More>>


IPCA Report: Complaints About Deputy Commissioner Wallace Haumaha

The Authority has found that DC Haumaha acted improperly by approaching staff and others to provide information to support him to refute the allegations about his 2016 conduct, or solicited other staff to do so on his behalf... More>>





InfoPages News Channels