Landscaping Agreement (New Zealand)

A Landscaping Agreement in New Zealand records the landscaping work to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Companies Act 1993.

In New Zealand, landscaping agreements are governed by the Contract and Commercial Law Act 2017 (CCLA 2017) and, where services are provided to a consumer, the Consumer Guarantees Act 1993 (CGA). The CGA guarantees that landscaping services will be provided with reasonable care and skill, and that plants and materials supplied will be of acceptable quality and fit for their intended purpose. The Fair Trading Act 1986 prohibits misleading representations about the scope or expected results of landscaping work. The Resource Management Act 1991 (RMA 1991) is relevant to landscaping activities that involve earthworks, vegetation clearance, or works near waterways, all of which may require a resource consent from the territorial local authority. The Health and Safety at Work Act 2015 (HSWA 2015) applies to all on-site landscaping activities.

Landscaping agreements in New Zealand cover a diverse range of projects — from small residential garden redesigns and planting projects to major commercial landscape installations including irrigation systems, outdoor lighting, native plantings, hardscape elements (paving, retaining walls, decks, water features), and large-scale erosion control and revegetation projects. New Zealand's unique climate, diverse soils, and biosecurity requirements (under the Biosecurity Act 1993) mean that landscaping in New Zealand requires specific knowledge of native and introduced species, regional pest plant restrictions, and the New Zealand Building Code requirements for structures such as retaining walls.

The New Zealand landscaping industry includes members of Registered Master Landscapers (RML) and Horticulture New Zealand, who adhere to industry codes of practice and quality standards. However, anyone can offer landscaping services in New Zealand without holding a formal licence, which makes a clear written agreement with defined service standards all the more important.

A well-drafted landscaping agreement protects both the client and the landscaper by setting clear expectations about the scope of work, the plant species to be used, the programme for completion, the payment terms, and the warranty on workmanship and plant establishment — reducing the risk of disputes and confirming a professional and successful landscaping project.

A Landscaping Agreement in New Zealand is appropriate whenever a property owner engages a landscaping company or sole trader for garden design and installation, native planting, outdoor construction (decks, paths, retaining walls), irrigation installation, or ongoing garden maintenance. A written agreement is particularly important for projects with a significant scope or value, where resource consent may be required under the Resource Management Act 1991 (RMA 1991), where the programme is time-sensitive (e.g., seasonal planting), or where the client requires a plant establishment warranty covering the establishment period after installation.

A landscaping agreement is also essential where the project involves multiple stages — for example, an initial design and construction phase followed by an ongoing maintenance phase — as the different scope and fees for each phase need to be clearly documented. Multi-stage projects often span several months and involve significant expenditure, making a written record of agreed milestones, payment schedules, and completion standards critical for both parties.

For projects involving earthworks, retaining walls exceeding 1.5 metres, or work near waterways, the agreement should record who is responsible for obtaining any necessary resource consent from the relevant territorial local authority under the RMA 1991 and who bears the cost. Earthworks that generate sediment runoff to waterways are regulated under Regional Council plans made under the RMA 1991, and the agreement should address erosion and sediment control obligations.

Where native vegetation is to be planted, the agreement should specify that plants are sourced from reputable nurseries and are free from pest plant species listed under the relevant Regional Pest Management Plan under the Biosecurity Act 1993. Biosecurity compliance protects both the client's property and New Zealand's unique indigenous biodiversity.

For commercial landscaping projects procured by tender, a formal written Landscaping Agreement based on the agreed scope and price from the tender process is essential. It records exactly what was included in the tendered price, preventing scope creep disputes and managing client expectations about what is and is not covered.

Having a written landscaping agreement governed by the Contract and Commercial Law Act 2017 (CCLA 2017) and the Consumer Guarantees Act 1993 confirms that both parties understand their rights and obligations and provides a clear framework for managing variations, delays, and disputes should they arise. The Disputes Tribunal (for claims up to NZD 30,000) and the District Court of New Zealand provide accessible forums for resolving landscaping disputes where mediation has not produced a resolution.

A thorough New Zealand Landscaping Agreement governed by the Contract and Commercial Law Act 2017 (CCLA 2017) should include the following key elements to protect both the client and the landscaper.

Party identification: Full legal names of the client and the landscaping company or sole trader, with NZBN (New Zealand Business Number) details and GST registration numbers where applicable. The property address where work will be performed must be clearly stated.

Type of engagement: Whether the agreement covers a one-off landscaping project, an ongoing maintenance arrangement, or a combination of an initial project followed by regular maintenance. Each type of engagement has different pricing, completion, and termination provisions.

Scope of works: A detailed description of the landscaping works to be performed, with reference to any attached landscape design plans, drawings, or specifications. The scope must specify all major elements — earthworks, hard landscaping (paving, retaining walls, decks, paths, water features), irrigation installation, planting, turf laying, and garden bed preparation — to prevent scope disputes.

Plant and materials specification: The species, sizes, and quantities of plants to be supplied and installed, confirming that all plants comply with the Regional Pest Management Plan under the Biosecurity Act 1993. The specification should also cover mulch, soil amendments, irrigation components, and any other materials.

Resource consent status: A statement of whether any resource consent is required under the Resource Management Act 1991 (RMA 1991) for the proposed works — particularly for significant earthworks, vegetation clearance near waterways, or works in coastal or flood plain areas — and which party is responsible for obtaining it.

Contract price: The total price inclusive of GST at 15% in New Zealand dollars (NZD), itemised by component if the project has multiple stages. All prices must comply with the Goods and Services Tax Act 1985.

Payment schedule: Deposit amount (typically 20–30%), progress payment milestones tied to project stages, and a final payment on practical completion. Payment due dates and any late payment interest provisions should also be stated.

Programme: Agreed commencement date, estimated completion date, and any key milestones. The programme should address how delays caused by weather, resource consent delays, or supply chain issues will be managed.

Plant establishment warranty: The warranty period (typically three to six months post-installation), what is covered (plant failure not caused by client neglect), what is excluded (weather events, pests, inadequate watering by client), and the replacement procedure.

Health and safety: The landscaper's obligations under the Health and Safety at Work Act 2015 (HSWA 2015) to manage health and safety risks for workers and other persons on the property, including safe use of machinery, working at heights provisions, and notification of notifiable events to WorkSafe New Zealand.

Variation procedure: How scope changes are agreed and priced, with written variation orders required before additional work commences.

Dispute resolution: Mediation as a first step, followed by the Disputes Tribunal (claims up to NZD 30,000) or the District Court of New Zealand for unresolved disputes.

Governing law: The laws of New Zealand, including the CCLA 2017 and the Consumer Guarantees Act 1993.

The forms-legal.com Landscaping Agreement (New Zealand) provides a ready-to-use template covering all of these elements for New Zealand residential and commercial landscaping projects.