Chief of leaky-homes panel defends rulings

The head of the state's leaky-home court has defended its decisions after a major High Court ruling which overturned its findings.

Paul and Wilna White of Whangaparaoa were awarded $173,801 from the Weathertight Homes Tribunal this year.

However, that was doubled when the High Court ruled they deserved $346,002.

The court also found mistakes in the tribunal's decision, particularly over the Whites' reaction to discovering leaks at their house at 6 Castaway Place.

Trish McConnell, the tribunal chairwoman, acknowledged the criticism, particularly on damages.

As part of the $346,002, the Whites each got $25,000 for the pain and suffering caused by their leaky-home case, a big step up on the $10,000 tribunal adjudicator Kevin Kilgour awarded them each.

But Ms McConnell said the tribunal's findings were upheld in many other respects.

Wilna White disagreed strongly with the tribunal, saying it was wrong on many points and the High Court had made the right decision.

John Gray, the president of the Homeowners & Buyers Association, also criticised the tribunal.

"We have been disappointed and in some cases deeply disturbed by some of the tribunal decisions," he said, adding that he was concerned with the tribunal's ability to deal with some of the more complex legal issues surrounding some of the cases.

"Of the 17 decisions handed down by the tribunal this year, 13 are under appeal or about to be appealed which is a less than satisfactory performance from a judicial process.

"In most cases, the decisions have simply exposed the claimants to more stress and anxiety than is necessary by creating the opportunity for appeal," Mr Gray said.

"It is imperative that these decisions are tidied up by the courts."

Grant Shand, the Grimshaw & Co solicitor who took the Whites' High Court case, also criticised the tribunal for awarding low sums for pain and suffering.

Ms McConnell said the tribunal did not award less than the High Court for pain and suffering.

"There are several tribunal decisions where general damages of $20,000 to $25,000 have been awarded to each claimant. We are guided by the amounts being set in High Court cases," she said.

"A comparison of cases that have proceeded through the courts does not show any significant difference in terms of quantum awarded."

However, there are probably insufficient claims that have gone through the courts to provide a valid statistical analysis.

The tribunal was much faster when delivering rulings, Ms McConnell said.

"A comparison of tribunal and court claims shows that the tribunal deals with claims a lot quicker," Ms McConnell said.

"The average time from filing to resolution is approximately six months whereas in the courts it is approximately three years, and our processes are more streamlined."

The tribunal is holding an introduction to its workings at 6pm tomorrow at its Auckland offices, level 8 of the AA Centre, 99 Albert St.

WEATHERTIGHT HOMES TRIBUNAL

*Specialises in hearing leaky-building cases.

*Run by Ministry of Justice, established in 2007.

*Has offices in Auckland and Wellington.