Yes — drainlayer work carried out for residential customers in New Zealand is covered by the Consumer Guarantees Act 1993 (CGA). This means that when you hire a licensed drainlayer to work on your home, you have legal protections that guarantee the work will be done properly, using suitable materials, and completed within a reasonable time. Understanding these rights can save you a great deal of stress and money if something goes wrong.
What Is the Consumer Guarantees Act?
The Consumer Guarantees Act 1993 is a piece of New Zealand legislation that protects consumers when they purchase goods or services for personal, domestic, or household use. It applies automatically — you don't need to ask for it, and a tradesperson cannot contract out of it when dealing with a residential customer.
For drainlaying services, the CGA guarantees that the work will be:
- Carried out with reasonable care and skill
- Fit for purpose — it must do what you reasonably expected it to do
- Completed within a reasonable time (if no timeframe was agreed)
- Carried out using materials that are fit for purpose and of acceptable quality
You can read more about your rights as a consumer at Consumer NZ, which has plain-English guidance on the CGA.
Does the CGA Apply to All Drainlaying Jobs?
The CGA applies when you are a private homeowner hiring a drainlayer for domestic purposes. It does not apply if you are a business hiring a tradesperson for commercial work — in that case, the Fair Trading Act and your contract terms are more relevant.
So if you're having a new drain installed, a blocked drain cleared, or a sewer connection repaired at your home, the CGA almost certainly applies to that work.
What Guarantees Do You Have?
Here's a quick summary of the key guarantees under the CGA as they relate to drainlaying:
| Guarantee | What It Means for You |
|---|---|
| Reasonable care and skill | The drainlayer must work to a professional standard |
| Fit for purpose | The drain must function as you reasonably expected |
| Reasonable time | Work must be completed without unreasonable delay |
| Acceptable materials | Any pipes, fittings, or products used must be suitable |
If the drainlayer fails to meet any of these guarantees, you are entitled to have the problem remedied (fixed). If they refuse or can't fix it within a reasonable time, you may be entitled to have someone else fix it and recover those costs, or in serious cases, cancel the contract and seek compensation.
How Does This Interact With the NZ Building Code?
Drainlaying work in New Zealand must also comply with the NZ Building Code, particularly Clause G13 (Foul Water) and Clause E1 (Surface Water). Licensed drainlayers are required to carry out work to these standards. If work doesn't meet the Building Code, it is also likely to fall short of the CGA's "reasonable care and skill" guarantee.
The MBIE Building Performance website has detailed information on Building Code requirements and what work requires a building consent. Always check with your local council about consent requirements — some drainage work is exempt under Schedule 1 of the Building Act, but this varies by situation.
Restricted Work — Only Licensed Drainlayers Can Do This
It's important to know that drainlaying is restricted work under the Plumbers, Gasfitters, and Drainlayers Act 2006. This means that connecting to or working on sanitary drains, stormwater drains, and sewers must be carried out by a licensed drainlayer. Homeowners are not permitted to do this work themselves.
The Plumbers Gasfitters & Drainlayers Board (PGDB) licenses and regulates drainlayers in New Zealand. You can search their register to confirm that your tradesperson holds a current licence. Hiring an unlicensed person not only puts you at legal risk but may also void your insurance and make it harder to enforce your CGA rights.
Safety note: Faulty drainage can cause serious health hazards, including sewage contamination and structural damage to your property. Always use a licensed drainlayer.
What to Do If Something Goes Wrong
If you believe a drainlayer has not met their obligations under the CGA, here are the steps to take:
- Contact the drainlayer directly — put your complaint in writing and give them a reasonable opportunity to remedy the problem.
- Keep records — photos, invoices, written communications, and any reports from other tradespeople.
- Escalate if needed — if the drainlayer won't fix the issue, you can take a dispute to the Disputes Tribunal (for claims up to $30,000) or the District Court for larger amounts.
- Report licensing issues — if you believe the drainlayer acted unprofessionally or was unlicensed, you can make a complaint to the PGDB.
Consumer NZ also has useful guidance on how to make a complaint and escalate disputes.
When to Call a Professional
All sanitary and stormwater drainlaying work at your home must be done by a licensed drainlayer — this is not optional. If you're unsure whether a job requires a licensed drainlayer or a building consent, contact your local council or visit MBIE Building Performance for guidance.
For peace of mind, hire a qualified local drainlayer through tradedirectory.co.nz, where you can find licensed professionals in your area.
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