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Construction Contracts Amendment Bill (Consistent) [2012] NZBORARp 67 (26 November 2012)

Last Updated: 28 April 2019

Construction Contracts Amendment Bill

Consistency with the New Zealand Bill of Rights Act 1990: Construction Contracts Amendment Bill

26 NOVEMBER 2012

1. We have considered whether the Construction Contracts Amendment Bill (PCO

15617/5.4) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 6 December 2012.

2. The purpose of the Bill is to make the existing adjudication process under the Construction Contracts Act 2002 a faster, more cost-effective, and efficient option for people with disputes regarding construction contracts.
   
3. The Bill does this by, among other things:
   
   • removing most of the distinctions between how the Act applies to residential and commercial construction contracts
   • widening the definition of construction work to include design, engineering and quantity surveying work
   • removing the distinction between enforcement of payment determinations and rights and obligations determinations
   • speeding up enforcement processes by reducing the amount of time a defendant has to oppose an application to have a determination entered as a judgment
   • requiring adjudicators to convene a pre-adjudication conference to answer questions parties have about the process, and
   • clarifying how determinations can be appealed against, contested, and reviewed.
     
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Melanie Webb

Acting Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in

relation to the Construction Contracts Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.