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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:

“This explains what counts as building work and house building contracts in simple words.”

In this part of the law, ‘building work’ doesn’t include design work. The definition of ‘building work’ in section 7 doesn’t apply here.

A ‘residential building contract’ is when a building contractor agrees to do building work for a client on a household unit. This doesn’t include agreements between a building contractor and a subcontractor. It also doesn’t include buying a modular component that’s a household unit from a registered MCM if you plan to sell it to someone else.

There’s a note about changes to this law that will happen in the future. When section 6(8) of the Building Amendment Act 2012 comes into effect, the definition of ‘building work’ will change. After that happens, this note about the changes will be removed from the law.

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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
Business > Industry rules
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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 4A Consumer 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).