Enforcing a Building Disputes Tribunal Adjudicator’s Determination

27 October, 2017 | Duncan Lang

Once you have received the Determination by an Adjudicator in the Building Disputes Tribunal, it is possible to obtain entry of that Determination as a Judgment in the District Court.

An application is filed in accordance with the District Court Rules and served on the Defendant.

The Defendant has five (5) working days within which to oppose entry of the determination as a Judgment but they are only permitted to do so if the Defendant can establish:

• that the amount payable under the determination has been paid in full to the Plaintiff;
• that the contract to which the determination relates is not a construction contract which the Construction Contacts Act applies; or
• that a condition imposed by the Adjudicator in his or her determination has not been met.

If the Defendant does not take any steps to oppose the entry of the Determination as a Judgment within the permitted time, or the grounds for opposition do not fall into any of the above categories, the District Court must enter the Determination as a Judgment.

Once the Determination is entered as a Judgment, the Plaintiff can then enforce the Judgment in accordance with the District Court Rules by means of either an Order for Financial Assessment, Attachment Order or a Distress Warrant.

If you would like further advice as to how to enforce an Adjudicator’s determination or to find out more about the process of Adjudication, please contact our debt collection team today to set up an appointment. Phone 09 836 0939 or by email on partners@smithpartners.co.nz