Part 2 amends the Weathertight Homes Resolution Services Act 2006.

The purpose of Part 2 is to amend the principal Act so a claim brought under it, and that is an eligible claim,—

• (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).

(1) The amendments made by Part 2 apply only to the following claims:

• (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• (b) claims brought under the principal Act, but not withdrawn, terminated, or otherwise disposed of (for example, through resolution by a settlement agreement, or by a determination by the tribunal), before the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 (in this Act called the former Act) before the transition date and that,—

  • (i) under section 149 of the principal Act must, if they are not withdrawn before they are disposed of under the former Act, be dealt with in accordance with section 148 of the principal Act by a person specified in section 149(1) of the principal Act; and

  • (ii) are not withdrawn, terminated, or otherwise disposed of before the commencement of this Act.

(2) The claims in subsection (1)(a) and (b) include claims—

• (a) brought under the former Act; and

• (b) of the kind specified in subsection (1)(c); and

• (c) that are withdrawn and adjudicated under the principal Act in accordance with section 150 or 153, and subject to the relevant modifications specified in subpart 6 of Part 2, of the principal Act.

(3) A reference in subsection (1)(b) to a claim brought under the principal Act includes a claim to which subpart 3, 4, or 5 of Part 2 of the principal Act applies, and therefore to which Part 1 of the principal Act applies—

• (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 is disposed of for the purposes of subsection (1) even if that determination is or may be subject to an appeal, a review proceeding, or both.

(5) If, under subsection (1), the amendments made by Part 2 apply or (as the case requires) do not apply to a claim, they apply or (as the case requires) do not apply to it both—

• (a) on adjudication at first instance by the tribunal, an adjudicator, or a person specified in section 149(1) of the principal Act; and

• (b) on any appeal or rehearing, and for the purposes of any review proceeding.

Section 8 is amended by inserting the following definitions in their appropriate alphabetical order:

Section 50 is repealed and the following section substituted:

Section 62(3)(c) is amended—

• (a) by omitting “relief or”; and

• (b) by inserting “(see section 50)” after “remedy”.

Section 90(1) is repealed and the following subsections are substituted:

Section 148(1) is repealed and the following subsection substituted:

The following section is inserted after section 148:

The principal Act is amended by adding the Schedule 4 set out in the Schedule.