The Weathertight Homes Resolution Service (WHRS) is a government-backed scheme that helps New Zealand homeowners who own a leaky or weathertight-defective home resolve claims for repair costs. It was established in response to the widespread leaky building crisis that affected thousands of New Zealand homes, particularly those built or altered between 1992 and 2005. If your home has suffered water ingress due to construction defects from that era, WHRS may offer you a path to compensation or mediated resolution.
Background: The Leaky Homes Crisis
New Zealand experienced a significant building failure crisis from the early 1990s through to the mid-2000s. A combination of factors — including the widespread use of untreated timber, monolithic cladding systems without adequate drainage cavities, and changes to the NZ Building Code — led to moisture becoming trapped inside wall cavities. The resulting rot and structural damage affected tens of thousands of homes nationwide. BRANZ has published extensive research on the causes and scale of this problem.
In response, the government created WHRS to give affected homeowners a more accessible and affordable way to seek resolution compared to going straight to court.
What Does WHRS Actually Do?
WHRS is administered by MBIE Building Performance and offers two main pathways:
- Assessments – A WHRS assessor inspects your home to determine whether it has a weathertightness defect and whether it qualifies for the scheme.
- Resolution processes – Once eligible, claimants can pursue adjudication (a formal, binding decision) or facilitated negotiation (a less formal process aimed at reaching a settlement between parties).
The scheme can involve multiple parties, including the original builder, the local council that issued the building consent, product manufacturers, and designers.
Who Can Use WHRS?
To be eligible, you generally need to meet these criteria:
| Eligibility Requirement | Detail |
|---|---|
| Type of building | A residential home (house or unit) |
| Construction period | Built or altered between 1 January 1992 and 31 December 2005 |
| Nature of defect | A weathertightness defect causing or likely to cause damage |
| Claim lodgement | Must have been lodged within the statutory timeframe |
Important: The eligibility rules and timeframes under WHRS are specific and have legal implications. You should contact MBIE or a legal adviser to confirm whether your situation qualifies, as claim deadlines may apply under the Weathertight Homes Resolution Services Act 2006.
Current owners of an affected property can make a claim — you do not need to have been the original owner at the time of construction. However, if the property has changed hands multiple times, establishing the chain of responsibility can become complex.
The Claims Process: Step by Step
1. Initial Enquiry and Application
Contact MBIE's WHRS team to discuss your situation and lodge a formal application. You'll need to provide details about your property, including its construction history and the nature of the defects you've observed.
2. Eligibility Assessment
A qualified WHRS assessor will inspect your home. They will look at the cladding system, flashings, joinery, roof details, and any visible or hidden moisture damage. Their report determines whether your claim proceeds.
3. Resolution Pathway
If eligible, you choose between:
- Facilitated negotiation – A neutral facilitator helps all parties reach a voluntary settlement. This is generally faster and less costly.
- Adjudication – A formal hearing where an adjudicator makes a binding decision on liability and the amount to be paid.
4. Outcome
Successful claimants may receive compensation to cover repair costs, though the amount depends on the findings and the parties found liable.
What WHRS Does Not Cover
WHRS is not a general building disputes service. It does not cover:
- Homes built outside the 1992–2005 window (unless altered during that period)
- Commercial buildings
- Defects unrelated to weathertightness
- Disputes about workmanship that don't involve moisture ingress
For broader building disputes, you may need to consider the Licensed Building Practitioners complaints process, the Disputes Tribunal, or civil litigation.
The Role of Local Councils
Local councils are often named as respondents in WHRS claims because they issued building consents and carried out inspections during the construction period. This is an important aspect of the NZ leaky homes issue — councils had a duty of care in their inspection role. The extent of council liability has been tested extensively in NZ courts.
Practical Tips for Affected Homeowners
- Get a moisture test done by a qualified building surveyor or inspector before lodging a claim — this helps establish the extent of damage.
- Gather all documentation you can find: original building consent, LIM reports, title history, and any previous inspection reports.
- Seek legal advice early. A lawyer experienced in construction law can help you understand your rights and the strength of your claim.
- Act promptly — limitation periods apply, and delays can affect your eligibility.
When to Call a Professional
If you suspect your home may be a leaky building, the first step is to engage a qualified building inspector or building surveyor with experience in weathertightness issues. Structural repairs to a leaky home are significant building work and will almost certainly require a building consent from your local council — always confirm this before any remediation begins. Structural repair work carried out under a building consent must be done by or supervised by a Licensed Building Practitioner (LBP). You can find experienced local builders and building surveyors on tradedirectory.co.nz.
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