Reprint as at 1 September 2016

Coat of Arms of New Zealand

Construction Contracts Act 2002

Public Act
 
2002 No 46
Date of assent
 
26 November 2002
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purpose
4Overview
5Interpretation
6Meaning of construction work
7Meaning of associate
8Act binds the Crown
9When Act applies: general
10When Act applies: residential construction contracts [Repealed]
11When Act does not apply
11AApplication of this Act: savings provisions relating to Construction Contracts Amendment Act 2015
12No contracting out of Act
13Conditional payment provisions ineffective
14Parties free to agree on payment provisions in construction contract
15Application of sections 16 to 18
16Right to progress payments
17Amount of progress payment
18Due date for payment
19Interpretation
20Payment claims
21Payment schedules
22Liability for paying claimed amount
23Consequences of not paying claimed amount where no payment schedule provided
24Consequences of not paying scheduled amount in manner indicated by payment schedule
24ASuspension of construction work
25Right to refer disputes to adjudication
26Relationship between Part and other dispute resolution procedures
27Effect of Part on civil proceedings
28How to initiate adjudication
29Claimant may seek approval for issue of charging order in respect of construction site owned by respondent
30Claimant may seek determination of liability of owner who is not respondent
31When claimant may not seek approval for issue of charging order
31ACompliance with requirements of Act relating to supply of certain information
32Owner who is not respondent is party to adjudication proceedings
33Selection of adjudicator
34Eligibility criteria for adjudicators
35Appointment of adjudicator
35ANotice of acceptance
36Referral of dispute to adjudicator
37Response to adjudication claim
37AReply to response to adjudication claim
38Jurisdiction of adjudicators
38ASpecial provisions for adjudication if approval for charging order sought by claimant
38BParties may be represented at adjudication proceedings
39Withdrawal of adjudication proceedings
40Consolidation of adjudication proceedings
41Duties of adjudicator
42Powers of adjudicator
43When adjudicator’s powers not affected
44Adjudicator may draw inferences and determine dispute based on available information
45Adjudicator’s determination: matters to be considered
46Adjudicator’s determination: timing
47Adjudicator’s determination: form
48Adjudicator’s determination: substance
49Approval for issue of charging order over construction site owned by respondent
50Determination of liability of owner who is not respondent and approval of charging order over construction site owned by that owner
51Owner who is not respondent may discharge liability and recover amount from respondent
[Repealed]
52Owner who is not respondent may apply to District Court for review of adjudicator’s determination [Repealed]
53Procedure for seeking review [Repealed]
54Powers of District Court on review [Repealed]
55Effect of review on adjudicator’s determination [Repealed]
56Costs of adjudication proceedings
57Adjudicator’s fees
58Enforceability of adjudicator’s determination
59Consequences of not complying with adjudicator’s determination under section 48(1)(a)
59AConsequence of not complying with adjudicator’s determination under section 48(1)(b) or (2)
60Effect of review or other proceeding on adjudicator’s determination
61Consequence of not complying with adjudicator’s determination under section 48(1)(b) or (2) [Repealed]
62Special provisions for residential construction contracts [Repealed]
63Special provisions for adjudication if approval for charging order is sought by claimant [Repealed]
64Compliance with requirements of Act relating to supply of certain information [Repealed]
65Nominating authorities
66Claimant may seek fresh adjudication if no adjudicator’s notice of acceptance received or dispute not determined
67Parties may be represented at adjudication proceedings [Repealed]
68Confidentiality of adjudication proceedings
69Adjudicators not compellable witnesses
70Exclusion of liability
71Application of other enactments to adjudications
71AOwner who is not respondent may apply to District Court for review of adjudicator’s determination
71BProcedure for seeking review
71CPowers of District Court on review
71DEffect of review on adjudicator’s determination
[Repealed]
72Suspension of construction work [Repealed]
73Enforcement of adjudicator’s determination
74Defendant may oppose entry as judgment
75Entry as judgment if defendant takes no steps
76Enforcement of adjudicator’s determination involving charging order in respect of construction site
77Effect of entry of judgment
78Application of rules relating to charging orders
79Proceedings for recovery of debt not affected by counterclaim, set-off, or cross-demand
80Service of notices
81Rules of court
82Regulations
83Chief executive may require adjudication information
Reprint notes