ABSTRACT

New Zealand has had a system of contractor's liens over the employer's land for many years, from an Act introduced in 1892 to the Workers' Protection and Contractors' Lien Act 1939. The 2006 Act repealed and replaced the 2002 Act and provides a mechanism for any person who considers that their dwelling house is a leaky building to bring a claim; assessed and evaluated; and be provided with an assessor's report. The 2006 Act was amended by the Weathertight Homes Resolution Services Amendment Act 2007, confirming the Tribunal's power to award general damages. For the purposes of statutory adjudication in the Weathertight Homes Tribunal, generally speaking contractor's "act or omission" occurs when the construction work is actually completed. The Construction Contracts Act 2002 attempts to provide a speedy mechanism by which a person providing construction services can obtain payment and ensure some cash flow before final resolution of all issues between the parties.