How does construction adjudication work in New Zealand?
Under New Zealand's Construction Contracts Act 2002 a party serves an adjudication notice, and the parties agree an adjudicator within 5 working days of it. The response to the adjudication claim is due within 5 working days, and the adjudicator issues the determination within 20 working days after the response period.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Give the adjudication notice the Act requires | none sets 28; Regs r 5 | no penalty statedDisputes |
| Agree on an adjudicator within 5 working days of the adjudication notice | 5 working dayss 33(2), 35(1) | no penalty statedDisputes |
| Respond to an adjudication claim within 5 working days | 5 working dayss 36(1), 37(1), 37A, 46(1)(b) | the claim is barredDisputes |
| Issue the adjudicator's determination within 20 working days | 20 working dayss 46(2) | a breach of contractDisputes |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Give the adjudication notice the Act requires
s 28; Regs r 5 · none set · no penalty stated
- No time limit found in ss 25-28 for starting adjudication (the Limitation Act was not checked); content requirements at s28(2); respondent's rights are in Form 2.
Agree on an adjudicator within 5 working days of the adjudication notice
s 33(2), 35(1) · 5 working days · no penalty stated
- Request within 5 WD of the adjudication notice (2-5 WD via an authorised nominating authority); the adjudicator must answer within 2 WD.
Respond to an adjudication claim within 5 working days
s 36(1), 37(1), 37A, 46(1)(b) · 5 working days · the claim is barred
- Claim within 5 WD of the adjudicator's acceptance (recorded here); response within 5 WD (extendable); reply 5 WD; rejoinder 2 WD.
Issue the adjudicator's determination within 20 working days
s 46(2) · 20 working days · a breach of contract
- 20 WD after the response period (30 WD if reasonably required, longer by agreement).
What this page is, and is not
It is the section text this library holds for New Zealand's Construction Contracts Act 2002 (NZ), NZS 3910:2013 and Health and Safety at Work Act 2015, with the window and the consequence. The NZS 3910:2023 rows are read from secondary summaries of the draft, not the published text. It is not legal advice, and it is not a substitute for reading the Acts, the contract you signed and any special conditions.
These pages set out the duties the library holds for a New Zealand job.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.