A well-written landscaping contract is your best protection if something goes wrong — and it gives your landscaper a clear brief to work from too. In New Zealand, there's no single mandatory form for landscaping contracts, but a good one should cover several key areas to keep both parties on the same page from day one.
Scope of Work
The most important section of any landscaping contract is a detailed scope of work. This should describe exactly what the landscaper will do — including earthworks, planting, paving, irrigation, fencing, retaining walls, or any other elements. Vague descriptions like "garden makeover" leave too much room for misunderstanding.
Make sure the scope includes:
- Specific materials to be used (e.g. species of plants, type of paving, brand of timber)
- Dimensions and quantities where relevant
- What is not included, so there are no surprises
- Whether the landscaper will remove and dispose of existing vegetation or debris
Project Timeline
Your contract should include a start date, an estimated completion date, and any key milestones along the way. It's also worth noting what happens if the project is delayed — whether due to weather, material supply issues, or other factors. NZ weather can be unpredictable, so a reasonable clause allowing for weather delays is fair, but there should still be a process for keeping you informed.
Payment Terms
Never pay the full amount upfront. A standard arrangement in New Zealand is a deposit (typically 10–30% of the total cost) followed by progress payments tied to milestones, with a final payment on completion. Your contract should clearly state:
- The total price (GST-inclusive)
- The deposit amount
- When each progress payment is due and what triggers it
- Accepted payment methods
- What happens if either party wants to cancel
Be cautious of any contractor asking for more than 30–40% upfront — this is a common warning sign flagged by Consumer NZ.
Variations and Changes
Projects often evolve once work begins. Your contract should include a variation clause that requires any changes to scope, materials, or price to be agreed in writing before the extra work is carried out. Verbal agreements are hard to enforce, so insist on a written variation order with a revised cost before anything changes.
Materials and Plant Specifications
If specific plants, paving, or materials are important to you, name them in the contract. Substitutions should only happen with your written approval. If imported or specialty materials are involved, note who is responsible if they're unavailable or delayed.
Building Consent and Compliance
Some landscaping work in New Zealand requires a building consent — for example, retaining walls over a certain height, or certain decks and structures. Your contract should clearly state who is responsible for obtaining any required consents and paying the associated fees. Always check with your local council before work begins. You can find guidance on what requires consent at MBIE Building Performance.
Note that some work may qualify as Schedule 1 exempt under the Building Act, but you should confirm this with your council rather than assuming — rules can vary by region and by the specifics of your project.
Subcontractors and Licensed Work
Larger landscaping projects often involve subcontractors for electrical work (outdoor lighting, irrigation pumps), plumbing (irrigation connections), or structural elements. Your contract should disclose if subcontractors will be used and confirm that any restricted work — such as electrical connections or plumbing tie-ins — will be carried out by appropriately licensed tradespeople.
Electrical work must be done by a registered electrician (check EWRB), and plumbing connections must be handled by a licensed plumber (check PGDB).
Insurance and Liability
Ask your landscaper to confirm they hold public liability insurance and, if they have employees, employer's liability cover. Your contract should note this, and you should ask to see a current certificate of insurance before work starts. If a contractor damages your property or a neighbour's fence, you want to know they're covered.
Workmanship Warranty
A reputable landscaper should offer a defects liability period — typically 3–12 months — during which they'll return to fix any issues that arise from their workmanship at no extra cost. Plant establishment can be trickier (plants can fail for many reasons), so clarify what the landscaper will and won't warrant for living material.
Dispute Resolution
Include a clause that sets out how disputes will be handled — for example, a requirement to attempt mediation before either party takes legal action. This keeps things civil and cost-effective if disagreements arise.
When to Call a Professional
If your landscaping project involves significant earthworks, retaining walls, drainage changes, or structures, it's worth engaging a qualified landscaper from the outset. A professional will be familiar with local council requirements, BRANZ best-practice guidelines, and NZ Building Code obligations. You can find qualified local landscapers on tradedirectory.co.nz.
For any electrical or plumbing elements within your landscaping project, always use licensed tradespeople — this is a legal requirement in New Zealand, not just a recommendation.
Licensed Building Practitioner (LBP)
