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Building Act 2004

Consumer rights and remedies in relation to residential building work - Preliminary provisions

362B: Meaning of building work and residential building contract

You could also call this:

"What 'building work' and 'residential building contracts' mean in the law"

When you read this part of the law, it talks about what building work and residential building contracts mean. Building work does not include design work, and you can find more about what building work means in section 7. You should look at the whole law to understand it properly.

A residential building contract is when someone agrees to do building work for you on your home. This contract is between you, the client, and the building contractor who will do the work. It does not include when a building contractor hires a subcontractor to help with the work.

It also does not include when you buy a modular home from a registered seller if you plan to sell it again. There are some changes to this law that happened when the Building Amendment Act 2012 came into effect. These changes affected what building work means and how this part of the law is written.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6371109.

Topics:
Housing and property > Home safety and repairs
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362A: Outline of this Part, or

"This part explains how the law keeps people safe when they're getting building work done on their homes."

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362C: Consumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part, or

"This part doesn't change your rights as a shopper under other laws that protect you."

Part 4AConsumer rights and remedies in relation to residential building work
Preliminary provisions

362BMeaning of building work and residential building contract

  1. In this Part, unless the context otherwise requires,—

    building work does not include design work, and paragraph (c) of the definition of building work in section 7 does not apply to this Part

      residential building contract—

      1. means a contract under which one person (the building contractor) agrees with another person (the client) to do building work for the client in relation to a household unit; but
        1. does not include a subcontracting agreement between a building contractor and a building subcontractor; and
          1. does not include an agreement that relates to the purchase from a registered MCM of a modular component that is a household unit where the purchaser of the modular component intends to on-sell it.

          2. On section 6(8) of the Building Amendment Act 2012 coming into force, and in the following order,—

          3. first, the definition of building work in subsection (1) is repealed and the following definition substituted:
            1. second, this subsection is repealed.

              Notes
              • Section 362B: inserted, on , by section 56 of the Building Amendment Act 2013 (2013 No 100).
              • Section 362B(1) residential building contract paragraph (b): replaced, on , by section 76 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
              • Section 362B(1) residential building contract paragraph (c): inserted, on , by section 76 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).