"For a class action you have to generally get the court's permission to do it...we are asking the court to approve the class action and grant an opt-in period which enables anyone who considers they are eligible to opt into the class action," said lawyer Dan Parker.
The firm said a second class of plaintiffs, comprising of properties clad in James Hardie's Titanboard product, was also being assembled to be added to the claim.
James Hardie has been involved in a number of leaky building cases in New Zealand, and as at March 31, held a US$2 million provision, net of third-party recoveries, against potential weather-tightness claims, and flagged it could face an extra US$500,000 of losses due to the uncertainties over the claims.
It reported a US$4.3 million income benefit on its weather-tightness claims in the 2015 financial year due to a lower provision, increased rate of claim resolution, fewer claims at the end of the period, and a reduction in the number of claims received.
The building materials maker was initially named as a defendant by the education ministry in its suit against cladding manufacturers, and later reached a deal with the government agency, which the parties said would support the remediation of weather-tightness issues in existing school property and support future developments across the country.
