*ARCHIVE* - Housing industry and homeowners input sought - 8 Oct 2002

The expert panel convened by the Department of Internal Affairs to help establish the new mediation service for people seeking redress over ‘weathertightness’ issues is seeking advice from homeowners and the building industry.

The mediation service will

• receive applications for mediation from residential property owners
• determine whether applications meet established criteria for mediation
• use independent assessors to determine the nature and cause of the problem, possible remedies and their likely cost
• encourage the parties to come together to seek a resolution before an expert mediator

In a letter to key stakeholders mailed today the panel has asked for comment on any aspect of the terms of reference for the expert group.

Time is short if we are to meet the deadlines necessary to get the mediation service running before Christmas,” said expert panel member Don Hunn, “so we’ve asked for responses to be made this week. The panel will assess the responses next week, as we continue to work towards establishing the new service”.

Copies of the letter requesting advice can be viewed below.

Media contact: Colin Feslier, Manager, Communications, Department of Internal Affairs
ph 495 9460, 025 575 676


Attachment: DIA news release 8 October 2002; Housing industry and homeowners input sought

8 October 2002

Dear

The Expert Panel, convened by the Department of Internal Affairs to help establish an assessment mediation service for people seeking redress over ‘weathertightness’ issues, would value your comment on the ‘Terms of Reference’ for the mediation service (attached as Annex A).

It is envisaged that the assessment mediation service will:

• Receive applications for mediation from residential property owners
• Determine if application meets established criteria for mediation
• Use independent assessors to determine the nature and cause of the problem, possible remedies and their likely cost
• Encourage the parties to come together to seek a resolution before an expert mediator

Any comments you wish to make will be treated in confidence, and can be forwarded direct to:

Weathertightness Expert Panel
C/- Jane Paterson
Strategy and Performance, Policy Group
Department of Internal Affairs
P O Box 805
WELLINGTON

Alternatively, you can email your advice to jane.paterson@dia.govt.nz or fax direct to 04 495 9314. Due to the tight timeframe the panel has in forming their advice on the mediation service, any comments you wish to make are required by the end of this week, Friday 11 October.

The Overview Group on the Weathertightness of Buildings greatly appreciated your assistance and contribution to their report, and the Expert Panel looks forward to further communication with you on the weathertightness issue.


Yours sincerely


Don Hunn
On behalf of Weathertightness Expert Panel


Attachment: DIA news release 8 October 2002; Housing industry and homeowners input sought

Expert Panel: Weathertightness of Buildings

Terms of Reference

On 2 October 2002, the Government announced its intention to establish a Mediation Service (the service) to assist parties find solutions to issues being faced by homeowners as identified in the Report of the Overview Group on the Weathertightness of Buildings published on 17 September 2002.

Ministers wish to receive proposals for the detailed design and funding of the service they can approve the immediate establishment of the service, with a view to it being operational by late November if possible, certainly before Christmas 2002.

Currently, it is envisaged that the service will:

• log complaints and then assess whether they meet the criteria for support from the mediation service”
• once eligibility has been established, provide for an independent assessment of the specific issues of the case , the probable principal causes as well as an assessment of remedial strategies
• provide a mediation service whereby the affected parties can convene, evaluate options and potentially agree on a course of action.

The Department of Internal Affairs is convening an Expert Panel to provide advice on the overall design of the service. Without limiting the scope of this advice, the Expert Panel will:

• Establish key criteria that will be used to establish eligibility for support from the service. This criteria will be based on the Overview Panel’s findings.
• (possibly) set a minimum level of damage as part of the criteria definition;
• provide advice on fees to be charged by the service to parties to the mediation;
• Provide advice on the how the assessments will be conducted, who could conduct them and what standards are to be applied;
• Develop detailed guidelines for the mediation process, and where it is to be located;
• Estimate the cost of the service;
• Negotiate with other participants in the sector to determine the nature and extent of their contribution to the service.

The Expert Panel will also advise on issues such as:

• Efficacy of the proposed service, including any options for improving service delivery;
• Identification of parties for mediation
• Ways and means to incentivise these parties to participate in the mediation process;
• Dealing with conflicts of interest;
• Estimating the cost of the service;
• Estimating the possible length of time that the service would be required;
• Funding sources and mechanisms to meet the cost of the service;
• Collection of standardised data.

The Expert Panel is to also provide a project plan for establishment of the service as a division of the Department of Internal Affairs and a communication plan for the service.

Reporting

The Expert Panel will submit a report to the Chief Executive of the Department of Internal Affairs on the above matters and any other issues associated with the design and establishment of the service by Friday 18 October or earlier, to enable recommendation to be prepared for Ministers by 23 October, seeking approval of the details of the scheme, such that it can be implemented immediately. I have to report to the Minister on 23 October 2002 or earlier, if possible.

Establishment

The Expert Panel will be invited to provide advice to the Department of Internal Affairs as and when required on the establishment and the operation of the service.