Leaky home owners get boost

Rodney’s 92 leaky home owners got a lift this week when the High Court doubled the $173,801 awarded to Paul and Wilna White of Army Bay by the Watertight Homes Tribunal to $346,002.68.

The decision by Justice Peter Woodhouse on November 19 was critical of conclusions by tribunal adjudicator Kevin Kilgour, saying he "reached conclusions of fact which were not reasonably open to him" with regard to the Whites’ responsibility to mitigate the damage caused to their home in their eight-year fight to get compensation.

"In some ways I am angry for my family, because the adjudicators’ shortcomings cost us another year, and for other leaky home owners who have perhaps lost faith or hope in a tribunal system that clearly has flaws," says Mrs White.

"I am still totally stunned. I never knew until I read the judgement just how important it was to be right – for someone to say in black and white that yes, we were right to keep on fighting," she says.

Justice Woodhouse called the action brought by the Whites against the Rodney District Council and the previous owner of the property, Lorelle Kerkin, "a general appeal by way of a rehearing".

Mr and Mrs White waited months for payment after the first award, and they are hoping they may be able to get paid, get the work done and get on with their lives much sooner this time round.

The Rodney District Council is a member of a mutual liability fund called Riskpool, to provide cover for public liability and professional indemnity, which would otherwise be provided by an insurance company.

Council customer service director Lloyd Barton says the Whites’ claim is being dealt with by the council’s insurers, "including actions to implement the court’s decision".

Claims on weathertightness, which fall under this type of cover, can be broken down into three categories depending on when they were notified to Riskpool, says corporate affairs director Kevin Ramsay.

"Claims lodged before February 1, 2006, were limited for council’s exposure to an excess of $20,000. However, this has since been amended to an excess of $50,000," he says.

Claims lodged between February 1, 2006, and June 30, 2009, limit the council’s exposure to an excess of $50,000. "There is also an aggregate limit of $500,000, so any payouts over this amount for a year will need to be met by the council.

"An additional exception to this was multi-units, which are basically where there are 10 units sharing common walls, floors, etc. Multi-units were no longer covered at all from this date," he says.

Claims lodged after June 30, 2009, are no longer covered by Riskpool.