Construction Contracts Amendment Act 2015

Coat of Arms of New Zealand

Construction Contracts Amendment Act 2015

Public Act
 
2015 No 92
Date of assent
 
22 October 2015
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 4 amended (Overview)
5Section 5 amended (Interpretation)
6Section 6 amended (Meaning of construction work)
7Section 9 amended (When Act applies: general)
8Section 10 repealed (When Act applies: residential construction contracts)
9Section 11 amended (When Act does not apply)
10New section 11A inserted (Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015)
11AApplication of this Act: savings provisions relating to Construction Contracts Amendment Act 2015
11Section 11A amended (Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015)
12Section 13 amended (Conditional payment provisions ineffective)
13Subpart 2 heading in Part 2 replaced
14Cross-heading above section 14 amended
15Section 14 amended (Parties free to agree on progress payment provisions in construction contract)
16Cross-heading above section 15 amended
17Section 18 amended (Due date for payment)
18New subpart 2A of Part 2 inserted
18AInterpretation
18BApplication of this subpart
18CTrust over retention money
18DAccounting
18EUse of retention money
18FInvestment of retention money
18GInterest on late payment
18HProtection of retention money
18IProhibited provisions
19Section 19 amended (Interpretation)
20Section 20 amended (Payment claims)
21Section 21 amended (Payment schedules)
22Section 22 amended (Liability for paying claimed amount)
23Section 23 amended (Consequences of not paying claimed amount where no payment schedule provided)
24Section 24 amended (Consequences of not paying scheduled amount in manner indicated by payment schedule)
25New subpart 4 of Part 2 inserted
24ASuspension of construction work
26Section 25 amended (Right to refer disputes to adjudication)
27Section 26 amended (Relationship between Part and other dispute resolution procedures)
28Section 27 amended (Effect of Part on civil proceedings)
29Section 28 amended (How to initiate adjudication)
30Section 31 replaced (When claimant may not seek approval for issue of charging order)
31When claimant may not seek approval for issue of charging order
31ACompliance with requirements of Act relating to supply of certain information
31Section 32 amended (Owner who is not respondent is party to adjudication proceedings)
32Section 33 amended (Selection of adjudicator)
33Section 35 amended (Appointment of adjudicator)
34New section 35A inserted (Notice of acceptance)
35ANotice of acceptance
35Section 37 amended (Response to adjudication claim)
36New section 37A inserted (Reply to response to adjudication claim)
37AReply to response to adjudication claim
37New sections 38A and 38B inserted
38ASpecial provisions for adjudication if approval for charging order sought by claimant
38BParties may be represented at adjudication proceedings
38Section 45 amended (Adjudicator’s determination: matters to be considered)
39Section 47 amended (Adjudicator’s determination: form)
40Sections 52 to 55 repealed
41Section 58 amended (Enforceability of adjudicator’s determination)
42New section 59A inserted (Consequence of not complying with adjudicator’s determination under section 48(1)(b) or (2))
59AConsequence of not complying with adjudicator’s determination under section 48(1)(b) or (2)
43Section 60 amended (Effect of review or other proceeding on adjudicator’s determination under section 48(1)(a))
44Section 61 repealed (Consequence of not complying with adjudicator’s determination under section 48(1)(b) or (2))
45Sections 62 to 64 and 67 repealed
46Section 71 amended (Application of other enactments to adjudications)
47Part 4 heading replaced
48New subpart 1AA of Part 4 inserted
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
49Subpart 1 of Part 4 repealed
50Section 73 amended (Enforcement of adjudicator’s determination)
51Section 74 amended (Defendant may oppose entry as judgment)
52Section 75 amended (Entry as judgment if defendant takes no steps)
53Section 80 amended (Service of notices)
54Section 82 amended (Regulations)
55New section 83 inserted (Chief executive may require adjudication information)
83Chief executive may require adjudication information
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: