A landscaping contract is your most important protection when hiring someone to transform your outdoor space. Whether you're having a new deck built, a garden redesigned, or a retaining wall installed, a well-written contract sets clear expectations for both you and the landscaper — and gives you solid ground to stand on if things go wrong.
Why a Written Contract Matters
Verbal agreements are hard to enforce and easy to misremember. A written contract protects both parties by documenting exactly what was agreed. In New Zealand, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 give homeowners certain rights when hiring tradespeople, but those rights are much easier to exercise when you have a written record of what was promised.
Always insist on a signed contract before any work begins or any deposit is paid.
Key Elements Every Landscaping Contract Should Include
1. Full Details of Both Parties
The contract should clearly state your full name and address, and the landscaper's full legal business name, physical address, phone number, and GST number. If they're a company, note the company registration number.
2. Detailed Scope of Work
This is the heart of the contract. A vague description like "garden makeover" is not enough. The scope should specify:
- Exactly what work will be done (e.g., excavation, planting, irrigation, paving, fencing, retaining walls)
- Materials to be used, including brand, grade, species, or product name where relevant
- Site preparation responsibilities — who removes existing plants, rubbish, or soil?
- What is specifically excluded from the job
The more detail here, the better. If a landscaper recommends specific products — for example, a particular timber for decking or a paving stone — ask for the product name in writing.
3. Pricing and Payment Terms
Payment terms are critical. The contract should state:
- The total price (or how it will be calculated if the job is priced by the hour or by quantity)
- Whether GST is included
- The deposit amount — as a guide, a deposit of 10–30% is common in the NZ trade industry, though this varies
- A payment schedule tied to project milestones, not just calendar dates
- Accepted payment methods
- What happens if costs change (a variation clause)
Be cautious of any contractor asking for a very large upfront payment before work starts.
4. Project Timeline
The contract should include:
- A start date and an estimated completion date
- Key milestones if it's a large project
- What happens if the timeline is delayed (weather, supply issues, etc.)
NZ weather — particularly in regions like Auckland, Wellington, or the West Coast — can affect outdoor work. A good contract will acknowledge this without using it as a blanket excuse for indefinite delays.
5. Building Consents and Compliance
Some landscaping work in New Zealand requires a building consent from your local council. This commonly includes:
- Retaining walls over 1.5 metres high (or lower in some cases — check with your council)
- Decks over 1 metre above ground level
- Fences over certain heights in some zones
- Structures near boundaries or in special character areas
The contract should clearly state who is responsible for obtaining consents and who pays the associated fees. Under the NZ Building Code, some work may be exempt under Schedule 1 — but always confirm this with your local council before assuming no consent is needed. A reputable landscaper should be familiar with these requirements.
If the work involves a Licensed Building Practitioner (LBP), the contract should note their licence number. You can verify this at Licensed Building Practitioners.
6. Insurance
Ask for proof that the landscaper holds:
- Public liability insurance (to cover damage to your property or injury to third parties)
- Employer's liability insurance if they have staff on site
The contract should confirm that adequate insurance is in place for the duration of the project.
7. Subcontractors
If the landscaper plans to use subcontractors (e.g., an electrician for outdoor lighting, or a plumber for irrigation), the contract should disclose this. Note that electrical work is restricted work under NZ law and must be carried out by a registered electrician — you can check registrations at the Electrical Workers Registration Board. Similarly, any plumbing or drainlaying must be done by a licensed tradesperson registered with the Plumbers, Gasfitters and Drainlayers Board.
8. Variations
A variation clause explains what happens when the scope or cost changes. Any variations should be agreed in writing before additional work begins — never accept verbal changes to the contract.
9. Defects and Warranty
The contract should state:
- A defects liability period (commonly 3–12 months after completion)
- What the landscaper will fix at no charge if something fails within that period
- Any manufacturer warranties on plants, materials, or products used
10. Dispute Resolution
A good contract includes a process for resolving disagreements — for example, written notice, a meeting, and then mediation before legal action. This saves time and money for everyone.
A Quick Checklist
| Contract Element | Included? |
|---|---|
| Full details of both parties | ✓ |
| Detailed scope of work | ✓ |
| Total price + GST + payment schedule | ✓ |
| Start and completion dates | ✓ |
| Consent responsibilities | ✓ |
| Insurance confirmation | ✓ |
| Subcontractor disclosure | ✓ |
| Variation process | ✓ |
| Defects liability / warranty | ✓ |
| Dispute resolution | ✓ |
When to Call a Professional
If your landscaping project involves structural work (retaining walls, decks, pergolas), drainage, or any electrical or plumbing elements, you should be working with qualified tradespeople. For complex projects, consider having a solicitor review the contract before you sign — particularly for jobs valued over $10,000. BRANZ is a useful resource for understanding building standards and good practice in New Zealand.
You can find qualified, local landscapers on tradedirectory.co.nz — always ask to see their portfolio, references, and proof of insurance before signing anything.
Licensed Building Practitioner (LBP)
