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Weathertight buildings list

Background

The court manages cases in lists where there are a significant number of cases with similar characteristics. Judges are appointed to case manage the proceedings.

The court runs a Weathertight Buildings List in the Auckland registry. The types of buildings on the weathertight buildings list include commercial premises, apartment blocks and single dwelling homes.

Weathertight buildings cases are complex. The evidence of experts is often required to identify the cause of, and responsibility for the leaks. Experts also advise on the nature of damage and what needs to be done to remedy it. There are often several defendants, including the local authority which certified the building, the building contractor, architect and sub-contractors. The cases typically require several weeks to be heard. Fixtures are allocated on that basis, and on the basis that experience shows most cases on the list are settled rather than determined by trial.

The list judges and procedures

The current list judges for the Weathertight Buildings list are Lang J, Downs J and Associate Judge Bell. One of these judges case manages every case allocated to the list.

At the first conference, a preliminary summary of issues is recorded. A more detailed list of issues is prepared once

  • Discovery is complete
  • All relevant parties have been joined
  • Expert reports have been completed.

The early provision and exchange of expert reports is seen as an essential step in promoting early settlement of the proceedings.

An issues conference may be called. Generally experts attend the issues conference to enable in depth discussion of the issues.

Cases with an estimate of hearing of 10 days or more, always have a pre-trial conference.

Weathertight buildings list statistics as at 31 December 2018

Cases on hand:
31 December 2012

 

 

 

 

 

Total 99

 

2013

2014

2015

2016

2017

2018

 

New filings to 31/12

47

25

19

15

11

8

125

Disposals to 31/12

78

42

24

12

11

9

176

Total
Cases on hand:
31 December 2018

 

 

 

 

 

 

 

48

 

Weathertight buildings disposals by trial or settlement 2018

Year

2013

2014

2015

2016

2017

2018

Total

Trial

0

2

1

1

0

1

5

Settlement

78

40

23

11

11

8

171

Total

78

42

24

12

11

9

176


Cases on hand as at 30 June 2019

TOTAL

39

CASES WITH FIXTURE DATES ALLOCATED

22

Weathertight Buildings Fixture List for cases of 4 weeks or more as at 30 June 2019