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New Zealand Legal Questions answered by Lawyers

Browse our 9 legal questions in New Zealand and read the lawyer answers, or ask your own questions for free.

Can my builder demand immediate payment for extra variations that were never agreed in writing under our fixed-price contract?: We signed a residential building contract for a major renovation in Auckland, but the builder has added thirty-five thousand dollars in unapproved variations to the final progress claim. They are now threatening statutory adjudication under the Construction Contracts Act if we do not pay within seven working days. We never... Read more →; Lawyer answer by mohammad mehdi ghanbari

Do not treat the builder’s seven-working-day demand as determinative, but act immediately. First check whether the document is a valid payment claim under the Construction Contracts Act 2002 and the payment-schedule deadline in your contract. If it is valid, you...
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Can I enforce an arbitration clause if the building contractor refuses to participate in New Zealand?: We hired a local contractor for a major renovation, but they breached our contract and left the job unfinished. Our agreement includes a binding arbitration clause, but the builder is completely ignoring my requests to appoint an arbitrator. What legal options do I have under New Zealand law to force... Read more →; Lawyer answer by mohammad mehdi ghanbari

Under the Arbitration Act 1996, you cannot usually compel the contractor personally to participate, but you can prevent their non-cooperation from stalling the arbitration. First, follow the appointment procedure in the arbitration clause precisely: serve a written notice requiring the...
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Road collision: A person pulled in front of me when I was on a pedal bike and hit the side of the car. I’m battered, cut and bruised, my ribs are bent in from the handle bars. Witness gave statement to the police. Not my fault and ACC have accepted the claim... Read more →; Lawyer answer by Ascendance International Consulting (A-I-C)

Thank you for reaching out, and we’re very sorry to hear about your accident. We’re glad ACC has accepted your claim for medical treatment, but you may still have important rights and remedies available in New Zealand. Under NZ law,...
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New Zealand Legal Articles

Browse our 24 legal articles in New Zealand written by expert lawyers.

NZ Commerce Commission Merger Clearance for Foreign Buyers: New Zealand runs a voluntary merger notification regime under Section 47 of the Commerce Act 1986. However, completing a deal that harms competition leaves you exposed to court-ordered divestments, voided transactions, and penalties up to 10% of annual turnover. The Commerce Commission works to a statutory target of 40 working... Read more →
OIO Sensitive Land vs Business Asset Tests in New Zealand: Cross-border acquisitions in New Zealand trigger review under two distinct regimes in the Overseas Investment Act 2005: the Sensitive Land pathway or the Significant Business Asset (SBA) test. The Sensitive Land pathway applies to rural land over five hectares, residential property, and parcels adjoining reserves, foreshore, or waterways. It requires... Read more →
Resolving Construction Disputes Under the New Zealand CCA: Statutory adjudication under the Construction Contracts Act 2002 (CCA) is a fast, interim-binding dispute process that contracts cannot alter or exclude. If a principal misses the statutory deadline to issue a payment schedule, the claimed amount becomes an automatic statutory debt. The principal loses the right to raise contractual set-offs... Read more →

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