New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 January 2011
| Public Act | 2002 No 46 |
| Date of assent | 26 November 2002 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Building and Housing.
6 Meaning of construction work
10 When Act applies: residential construction contracts
Subpart 1—Prohibition of conditional payment provisions of construction contracts
13 Conditional payment provisions ineffective
Parties may agree on express terms for progress payments
14 Parties free to agree on progress payment provisions in construction contract
Default provisions for progress payments in absence of express terms
15 Application of sections 16 to 18
Subpart 3—Procedure for making and responding to payment claims
22 Liability for paying claimed amount
23 Consequences of not paying claimed amount where no payment schedule provided
24 Consequences of not paying scheduled amount in manner indicated by payment schedule
Part 3
Adjudication of disputes
25 Right to refer disputes to adjudication
26 Relationship between Part and other dispute resolution procedures
27 Effect of Part on civil proceedings
Subpart 2—Procedure for initiating adjudication and appointing adjudicator
28 How to initiate adjudication
29 Claimant may seek approval for issue of charging order in respect of construction site owned by respondent
30 Claimant may seek determination of liability of owner who is not respondent
31 When claimant may not seek approval for issue of charging order
32 Owner who is not respondent is party to adjudication proceedings
34 Eligibility criteria for adjudicators
36 Referral of dispute to adjudicator
37 Response to adjudication claim
Subpart 3—Conduct of adjudication proceedings
38 Jurisdiction of adjudicators
39 Withdrawal of adjudication proceedings
40 Consolidation of adjudication proceedings
43 When adjudicator's powers not affected
44 Adjudicator may draw inferences and determine dispute based on available information
Subpart 4—Adjudicator's determination
45 Adjudicator's determination: matters to be considered
46 Adjudicator's determination: timing
47 Adjudicator's determination: form
48 Adjudicator's determination: substance
49 Approval for issue of charging order over construction site owned by respondent
50 Determination of liability of owner who is not respondent and approval of charging order over construction site owned by that owner
51 Owner who is not respondent may discharge liability and recover amount from respondent
Review of adjudicator's determination in respect of owner who is not respondent
52 Owner who is not respondent may apply to District Court for review of adjudicator's determination
53 Procedure for seeking review
54 Powers of District Court on review
55 Effect of review on adjudicator's determination
Costs of adjudication proceedings
56 Costs of adjudication proceedings
Subpart 5—Effect of adjudicator's determination
58 Enforceability of adjudicator's determination
59 Consequences of not complying with adjudicator's determination under section 48(1)(a)
60 Effect of review or other proceeding on adjudicator's determination under section 48(1)(a)
61 Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2)
Subpart 6—Miscellaneous matters relating to adjudication
62 Special provisions for residential construction contracts
63 Special provisions for adjudication if approval for charging order is sought by claimant
64 Compliance with requirements of Act relating to supply of certain information
66 Claimant may seek fresh adjudication if no adjudicator's notice of acceptance received or dispute not determined
67 Parties may be represented at adjudication proceedings
68 Confidentiality of adjudication proceedings
69 Adjudicators not compellable witnesses
71 Application of other enactments to adjudications
Part 4
Other measures for securing payment under this Act
72 Suspension of construction work
Subpart 2—Enforcement of adjudicator's determination
Enforcement of adjudicator's determination generally
73 Enforcement of adjudicator's determination
74 Defendant may oppose entry as judgment
75 Entry as judgment if defendant takes no steps
Enforcement of adjudicator's determination involving charging order in respect of construction site
76 Enforcement of adjudicator's determination involving charging order in respect of construction site
77 Effect of entry of judgment
78 Application of rules relating to charging orders
Part 5
Miscellaneous provisions
79 Proceedings for recovery of debt not affected by counterclaim, set-off, or cross-demand
