Demolition Contract (New Zealand)
This Demolition Contract (the "Contract") is entered into on [Contract Date] between:
[Client Name], of [Client Address], [Client City], [Client Postcode] (the "Client"); and
[Contractor Name], of [Contractor Address], [Contractor City], [Contractor Postcode] (the "Contractor").
The Client and the Contractor are referred to collectively as the "Parties".
1. SCOPE OF DEMOLITION WORKS
1. SCOPE OF DEMOLITION WORKS
1.1 The Contractor agrees to carry out the following demolition works (the "Works") at the site located at [Site Address].
1.2 The structure(s) to be demolished are: [Structure Description].
1.3 The detailed scope of the Works is as follows: [Work Description].
1.4 The Contractor shall carry out all Works in a proper and workmanlike manner, in accordance with the Contract and Commercial Law Act 2017 (CCLA 2017), all applicable provisions of the Building Act 2004, the Resource Management Act 1991, and all relevant local authority bylaws and district plan rules.
1.5 The Contractor shall be responsible for the disconnection and capping of all utility services at the boundary of the site, and shall notify all relevant utility providers (electricity, gas, water, wastewater, and telecommunications) of the intended demolition in advance of commencing the Works.
3. CONSENTS AND COMPLIANCE
2. CONSENTS, REGULATORY COMPLIANCE, AND NOTIFICATIONS
2.1 [Demolition Consent].
2.2 The Contractor shall not commence the Works until all required consents have been obtained and the Contractor has received written confirmation from the Client that all consents are in place.
2.3 The Contractor shall comply with all conditions attached to any Building Consent or Resource Consent and shall give all required notifications to the territorial authority and neighbouring property owners as required by the Building Act 2004 and the Resource Management Act 1991.
2.4 The Contractor shall obtain and comply with any demolition notice requirements under section 42 of the Building Act 2004, including giving at least 10 Working Days' notice to the territorial authority before commencing demolition.
4. HEALTH AND SAFETY
3. HEALTH AND SAFETY
3.1 The Contractor shall act as the principal contractor for the Works under the Health and Safety at Work Act 2015 (HSWA 2015) and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, and shall take all reasonably practicable steps to ensure the health and safety of workers and other persons on and around the site.
3.2 The Contractor shall prepare and maintain a Site-Specific Safety Plan (SSSP) for the Works and shall ensure that all workers on site are briefed on the hazards and controls before commencing work.
3.3 The demolition site shall be fenced and secured against unauthorised access in accordance with the requirements of the territorial authority, WorkSafe New Zealand, and applicable bylaws.
3.4 The Contractor shall notify WorkSafe New Zealand of any notifiable event occurring during the Works in accordance with section 56 of the HSWA 2015, and shall notify the territorial authority of any damage to neighbouring properties or infrastructure.
5. CONTRACT PRICE AND PAYMENT
4. CONTRACT PRICE AND PAYMENT
4.1 The Client shall pay the Contractor the sum of $[Contract Price] NZD (the "Contract Price") for the Works. [Gst Status].
4.2 Payment shall be made in accordance with the following terms: [Payment Terms].
4.3 If the Client fails to make payment on the due date, the Contractor may charge interest on the overdue amount at the rate prescribed by the Interest on Money Claims Act 2016 and may (after giving 5 Working Days' written notice) suspend the Works pursuant to section 23 of the Construction Contracts Act 2002.
4.4 The Client acknowledges that if unforeseen site conditions (including the discovery of additional hazardous materials, underground tanks, or archaeological features) are encountered during the Works, the Contract Price may be varied by written agreement between the Parties.
6. PROGRAMME
5. PROGRAMME AND COMPLETION
5.1 The Contractor shall commence the Works on or about [Start Date] and shall use reasonable endeavours to complete all Works, including site cleanup, by [Completion Date].
5.2 The programme may be extended by a reasonable period to account for delays caused by discovery of hazardous materials, adverse weather, regulatory requirements, or other circumstances outside the Contractor's reasonable control.
5.3 The Contractor shall provide the Client with a written completion notice when the Works, including site cleanup, have been completed.
7. WASTE MANAGEMENT AND ENVIRONMENT
6. WASTE MANAGEMENT AND ENVIRONMENTAL OBLIGATIONS
6.1 The Contractor shall manage all demolition waste in accordance with the Waste Minimisation Act 2008 and the Resource Management Act 1991, and shall maximise diversion of reusable and recyclable materials from landfill where reasonably practicable.
6.2 All demolition waste shall be removed from the site and disposed of at a licensed waste facility. The Contractor shall provide the Client with waste disposal receipts on request.
6.3 The Contractor shall take all reasonable steps to prevent dust, noise, and vibration from the Works causing a nuisance to neighbouring properties, including by watering down exposed materials during demolition in dry or windy conditions.
8. GENERAL PROVISIONS
7. GENERAL PROVISIONS
7.1 This Contract constitutes the entire agreement between the Parties in relation to the Works and supersedes all prior agreements, representations, and understandings.
7.2 No amendment or variation of this Contract shall be effective unless made in writing and signed by both Parties.
7.3 Any dispute or claim arising out of or relating to this Contract shall be resolved first by negotiation in good faith. If unresolved within 20 Working Days, either Party may refer the matter to adjudication under the Construction Contracts Act 2002 or to mediation administered by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ).
7.4 This Contract is governed by the laws of New Zealand, including the Construction Contracts Act 2002, the Building Act 2004, the Health and Safety at Work Act 2015, and the Contract and Commercial Law Act 2017.
IN WITNESS WHEREOF, the Parties have executed this Demolition Contract as of the date first written above.
THE CLIENT
Full name: [Client Name]
Address: [Client Address], [Client City], [Client Postcode]
THE CONTRACTOR
Full name / Company name: [Contractor Name]
Address: [Contractor Address], [Contractor City], [Contractor Postcode]
Client
________________
Signature
Date: ________________
Contractor
________________
Signature
Date: ________________
What Is a Demolition Contract (New Zealand)?
A Demolition Contract in New Zealand sets the scope of works, price, timeframe, and variation and completion procedures between the principal and the builder or contractor under the Companies Act 1993.
The Building Act 2004 governs the regulatory framework for building work, including demolition. Under section 42 of the Building Act 2004, a territorial authority must be given at least 10 Working Days' notice before demolition commences, and in some cases a Building Consent is required. The Resource Management Act 1991 may also require a Resource Consent for demolition, particularly where the building is in a heritage area or has a heritage designation, or where the district plan has specific rules about demolition. The Heritage New Zealand Pouhere Taonga Act 2014 protects archaeological sites and Maori cultural heritage and imposes obligations on contractors who discover such features during demolition work.
Health and safety in demolition is governed primarily by the Health and Safety at Work Act 2015, which makes the demolition contractor the principal contractor responsible for managing health and safety on the demolition site. Demolition work is classified as notifiable work under the HSWA 2015, meaning WorkSafe New Zealand must be notified before work commences. The Health and Safety at Work (Asbestos) Regulations 2016 impose strict requirements for the identification, management, and removal of asbestos-containing materials (ACM), which are commonly found in older buildings, particularly those built before the late 1980s when asbestos was widely used in building products.
The Construction Contracts Act 2002 applies to demolition contracts and provides mandatory protections for both clients and contractors, including the right to make payment claims, the obligation to respond to payment claims with a payment schedule, the right to suspend work for non-payment, and access to rapid adjudication for payment disputes.
A well-drafted demolition contract is essential to define the scope of works, manage the significant health and safety and environmental risks of demolition, establish clear payment terms, and provide mechanisms for dealing with unforeseen events such as the discovery of additional hazardous materials or archaeological features. A Demolition Contract in New Zealand must address the significant regulatory requirements that apply to demolition work, including resource consent requirements under the Resource Management Act 1991 (RMA), building consent requirements under the Building Act 2004, WorkSafe New Zealand requirements under the Health and Safety at Work Act 2015 (HSWA 2015), and asbestos removal requirements under the Health and Safety at Work (Asbestos) Regulations 2016.
When Do You Need a Demolition Contract (New Zealand)?
A written Demolition Contract should be put in place before any demolition work commences in New Zealand. There are numerous situations in which a formal demolition contract is particularly important.
For total demolition of residential properties — whether to make way for a new dwelling, subdivision, or other development — a written contract is essential. The contract should address all aspects of the demolition including utility disconnections, hazardous material surveys and removal, building demolition, foundation removal, and site reinstatement. It should also address the consenting process with the territorial authority.
For partial demolition or strip-out works — such as the removal of interior linings, structural elements, or building services in preparation for a major renovation — a written contract is needed to clearly define what is to be demolished and what is to be retained. This is particularly important where the building will remain partly occupied during the works.
For commercial and industrial demolition projects, a written contract is essential to manage the significant risks associated with larger and more complex structures. Commercial buildings may contain more extensive hazardous materials (including asbestos, lead paint, PCBs in transformers, and refrigerant gases) and may involve more complex utility disconnections and site remediation requirements.
A demolition contract is also needed where the demolition forms part of a larger development project. In this case, the demolition contract must integrate with the overall project programme and must clearly define the interfaces between the demolition works and subsequent construction works.
In all cases, a written demolition contract provides clarity about the scope of works, the price and payment terms, the programme, and the management of health and safety and environmental risks, and provides a framework for resolving disputes under the CCA 2002.
What to Include in Your Demolition Contract (New Zealand)
A thorough Demolition Contract for New Zealand should include the following key provisions.
The parties clause should identify the client and the demolition contractor by their full legal names and addresses. The scope of works clause should provide a detailed description of all structures to be demolished, all associated works (including utility disconnections, hazardous material removal, foundation removal, and site reinstatement), and any materials to be retained or salvaged by the client.
The hazardous materials clause is one of the most important provisions in a demolition contract. It should address the pre-demolition asbestos survey, the classification of any ACM identified, the requirement for licensed asbestos removal before general demolition, the requirement for a WorkSafe New Zealand notification for notifiable asbestos removal, and the disposal of hazardous waste at licensed facilities. The clause should also address other hazardous materials that may be present, such as lead paint, PCBs, and refrigerant gases.
The consents and compliance clause should address the territorial authority notification requirements under section 42 of the Building Act 2004, any Building Consent or Resource Consent requirements, and the obligation to notify WorkSafe New Zealand of the notifiable work. The health and safety clause should confirm the contractor's obligations under the HSWA 2015 as principal contractor, including the requirement for a Site-Specific Safety Plan and site fencing.
The price and payment clause should state the total contract price in NZD, specify the GST treatment, and set out the payment milestones in compliance with the CCA 2002. The programme clause should specify the start and completion dates and address extensions of time for unforeseen events. The waste management clause should confirm the contractor's obligations under the Waste Minimisation Act 2008 and the RMA 1991. Finally, the dispute resolution clause should provide for CCA 2002 adjudication for payment disputes. The forms-legal.com Demolition Contract (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements. Additional key provisions for New Zealand demolition contracts include: a clause addressing asbestos management under the Health and Safety at Work (Asbestos) Regulations 2016, including confirmation of whether an asbestos survey has been conducted, the asbestos management plan, and the licensed asbestos removalist to be engaged; a clause addressing hazardous substance disposal under the Hazardous Substances and New Organisms Act 1996 (HSNO Act); WorkSafe notification requirements for notifiable work under section 47 of the HSWA 2015; and demolition waste management under the relevant district plan and Waste Minimisation Act 2008.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Demolition Contract (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/construction/demolition-contract-new-zealand
"Demolition Contract (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/construction/demolition-contract-new-zealand.
@misc{formslegal-demolition-contract-new-zealand,
author = {{Forms Legal}},
title = {Demolition Contract (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/construction/demolition-contract-new-zealand}},
note = {Free legal document template. Based on Companies Act 1993}
}Also available for these jurisdictions:
Frequently Asked Questions
Before demolishing a building in New Zealand, several consents and notifications may be required. Under section 42 of the Building Act 2004, the territorial authority (council) must be given at least 10 Working Days' notice of an intention to demolish or remove a building, unless the territorial authority waives this requirement. In some cases a Building Consent is required for demolition, particularly where the demolition involves a complex or large structure, or where the site or neighbourhood plan designation requires consent. A Resource Consent under the Resource Management Act 1991 (RMA 1991) may also be required where the demolition affects heritage buildings, notable trees, or areas with specific zoning rules. The district plan of the relevant territorial authority should be checked carefully before commencing demolition. Where the building is listed as a heritage building or is in a heritage area, Heritage New Zealand Pouhere Taonga (Heritage NZ) should be consulted under the Heritage New Zealand Pouhere Taonga Act 2014. The Contractor should not commence demolition until all required consents are in place and all required notifications have been given.
Asbestos management in demolition projects in New Zealand is governed by the Health and Safety at Work (Asbestos) Regulations 2016, made under the Health and Safety at Work Act 2015. Before demolition commences, an asbestos survey must be carried out by a competent person to identify and characterise any asbestos-containing materials (ACM) in the structure. Where ACM is identified, an asbestos management plan or asbestos removal control plan must be prepared. Friable ACM (such as insulation, sprayed coatings, and super-six corrugated roofing sheets) must be removed by a licensed asbestos removalist holding a Class A licence from WorkSafe New Zealand. Non-friable ACM (such as vinyl floor tiles and some fibre cement products) may be removed by a Class B licensed removalist. The removal work must be notified to WorkSafe New Zealand at least five Working Days before commencement if the removal involves more than 10 square metres or 10 metres of ACM. Air monitoring may be required before, during, and after removal. All asbestos waste must be disposed of at a facility licensed to accept it, and waste transfer documentation must be retained.
Demolition work is a high-risk construction work activity under the Health and Safety at Work Act 2015 (HSWA 2015). The demolition contractor will typically be the principal contractor for the project under the HSWA 2015, with primary responsibility for managing health and safety on the demolition site. The principal contractor must prepare a Site-Specific Safety Plan (SSSP) covering the main hazards and risks of the demolition and the controls to be applied. The site must be fenced and secured against unauthorised access. A Pre-Start Health and Safety Review (PSSR) may be required for high-risk demolition work. The contractor must notify WorkSafe New Zealand of notifiable work (demolition work is generally notifiable) at least 24 hours before commencing work, and must notify WorkSafe immediately of any notifiable event (serious injury, illness, or incident, or incident that poses a serious risk to persons). Workers must be provided with appropriate personal protective equipment (PPE) and must be briefed on site-specific hazards before starting work. WorkSafe New Zealand has published specific guidance on demolition safety, available on its website.
The Construction Contracts Act 2002 (CCA 2002) applies to contracts for construction work, and demolition is expressly included in the definition of construction work in section 6 of the CCA 2002. This means that demolition contracts are subject to the CCA 2002's mandatory provisions on payment claims, payment schedules, and adjudication. A demolition contractor may make a payment claim under the CCA 2002 for work carried out, and the client must respond with a payment schedule within the time specified in the contract (or 20 Working Days if not specified). If the client fails to respond to a payment claim with a payment schedule, the full claimed amount becomes immediately due. The CCA 2002 also gives the contractor the right to suspend work if payment is not made after giving five Working Days' notice. Rapid adjudication is available for payment disputes under the CCA 2002, with an adjudicator required to determine the dispute within 25 Working Days of acceptance. All these rights exist regardless of any contractual provision to the contrary.
If archaeological features or Maori artefacts are discovered during demolition work in New Zealand, the contractor must stop work in the area of the discovery immediately. This obligation arises under the Heritage New Zealand Pouhere Taonga Act 2014 (HNZPTA 2014), which makes it an offence to damage, destroy, or modify an archaeological site without an authority from Heritage New Zealand Pouhere Taonga. An archaeological site is defined in the HNZPTA 2014 as any place in New Zealand that was associated with human activity that occurred before 1900 or is a place associated with Maori activity and is or may be able to provide evidence relating to the history of New Zealand. If an archaeological discovery is made, the contractor must notify Heritage NZ immediately. Heritage NZ will investigate the discovery and may grant an authority for work to continue, require archaeological recording, or require the site to be preserved. The discovery of an archaeological site is likely to cause delay to the demolition programme and may affect the Contract Price. A demolition contract should address this scenario and provide for an extension of time and a variation to the Contract Price if an archaeological discovery is made.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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