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Circular to Practitioners CIV 2017/1


Enforcing Determinations under the Construction Contracts Act 2004

Summary: The purpose of this Circular is to inform the profession about the change in court process following amendments to the Construction Contracts Act 2004.

1 Introduction

As practitioners are aware the s43 Construction Contracts Act 2004 (CCA) has been amended. No longer is it necessary to bring an application to enforce a determination made under the CCA.

A determination under the CCA is taken to be an order of the court upon the filing of a copy of the determination which the Building Commissioner has certified to be a true copy, and an affidavit as to the amount not paid under the determination (s43(2) CCA).

2 Document Requirements

To ensure the prompt processing of the determination by court staff, practitioners are required to file two separate documents, the certified copy of the determination, and the affidavit. This will enable the determination to be immediately processed, and thus enable enforcement to be undertaken.

There is no need to extract the judgment before enforcement can take place.

3 Enforcement

Upon filing in accordance with s43 (2) CCA, the determination is taken to be an order of the court and may be enforced accordingly.

The court will accept a Form 6 Civil Judgments Enforcement Act application that is filed with the determination and affidavit.

4 Fees

No fees are payable on the filing of the determination and affidavit.

George Kingsley
Acting Principal Registrar