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.