Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a residential occupier in New Zealand who has received a payment claim or adjudication notice for residential building work. It helps practitioners invoke the section 31 statutory shield against charging orders and ensure the claimant has complied with residential service requirements.
Jurisdiction: New Zealand Building Disputes Tribunal, National.
The Process at a Glance: The workflow begins with client intake and verifying the client's status as a residential occupier. Practitioners inspect the payment claim and notice of adjudication to confirm whether the mandatory Form 2 statement of rights was served. They then draft a payment schedule and, if adjudication proceeds, assert the section 31 exemption to prevent the adjudicator from approving a charging order over the dwellinghouse.
Key Legislation and Case Law: Governed by the Construction Contracts Act 2002 and the Construction Contracts Regulations 2003. Key provisions include s 31 (residential occupier charging order prohibition) and s 62 (mandatory Form 2 statement of rights).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Construction Adjudication (Respondent) - Residential Occupier (Section 31 Exemption) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Real Estate cases, outlining the standard Adjudication process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Section 31 of the Act strictly prohibits the adjudicator from approving a charging order over a construction site owned by a residential occupier. This extends to family trust properties where a beneficiary resides, providing a powerful defense to protect client assets.