Discovering that your newly laid concrete driveway, path, or slab has cracked, crumbled, or settled within months of completion is deeply frustrating. The good news is that New Zealand homeowners have solid legal protections, and there are clear, practical steps you can take to resolve the situation. Acting quickly and methodically gives you the best chance of getting the problem fixed — ideally at the concreter's expense.
Step 1: Document Everything Thoroughly
Before you make any calls or send any emails, photograph and video the defects in detail. Capture:
- The full extent of cracking, spalling, scaling, or settlement
- Close-up shots showing depth and width of cracks
- Any areas where the surface is dusting, flaking, or delaminating
- The date stamps on your images
Keep copies of your original contract, any quotes, invoices, payment receipts, and any written communication with the concreter. This paper trail is essential if the dispute escalates.
Step 2: Understand What Counts as Early Failure
Not every crack is a defect — hairline shrinkage cracks (under about 0.3 mm wide) can be a normal part of concrete curing, especially in hot or windy NZ conditions. However, the following are generally considered defects if they appear within the first few years:
- Structural cracking — wide, deep, or growing cracks
- Spalling or scaling — surface breaking away in flakes or chunks
- Excessive settlement or heaving — uneven slabs or sunken sections
- Dusting — a powdery, weak surface caused by poor finishing or curing
- Delamination — the top layer separating from the base
Common causes include incorrect water-to-cement ratios, inadequate curing, poor subbase preparation, insufficient reinforcing, or concrete poured in unsuitable weather conditions. BRANZ publishes useful technical guidance on concrete quality and defects that can help you understand what you're looking at.
Step 3: Contact the Concreter in Writing
Raise the issue with your concreter in writing — email is fine. Be factual and polite. Describe the defects, attach your photos, and ask them to inspect the work and respond within a reasonable timeframe (10–15 working days is fair). A professional tradesperson should be willing to assess the situation.
If the work was done under a building consent, the defects may also be relevant to your local council's building inspection process. Check with your council if you're unsure whether consent applied.
Step 4: Know Your Legal Rights
In New Zealand, your key protections come from the Consumer Guarantees Act 1993 (CGA) and the Building Act 2004:
- Under the CGA, services must be carried out with reasonable care and skill and the result must be fit for purpose. If the work fails to meet this standard, you're entitled to have it remedied.
- If the concreter refuses to remedy the defect, you may be entitled to have someone else fix it and recover those costs.
- For residential building work, Licensed Building Practitioners (LBPs) are required for certain restricted work. If your concreter was an LBP, you can make a complaint to the LBP scheme.
- MBIE Building Performance provides guidance on resolving building disputes, including the formal weathertight and building disputes processes.
Consumer NZ also has excellent plain-English guidance on your rights when tradespeople's work is substandard.
Step 5: Get an Independent Assessment
If the concreter disputes that there is a defect, or you can't agree on the cause, consider getting an independent technical assessment from another qualified concreter or a building consultant. This report can be invaluable if you need to escalate to the Disputes Tribunal or pursue other remedies. Keep receipts — you may be able to recover this cost.
Step 6: Escalate If Needed
If direct negotiation fails, your options include:
- NZ Disputes Tribunal — check the current claim limit on the Ministry of Justice website, as thresholds can change, this is a low-cost, accessible option
- District Court — for larger claims
- LBP complaints process — if the tradesperson holds an LBP licence
- Your home insurance — check whether your policy covers defective workmanship
| Escalation Option | Best For | Cost |
|---|---|---|
| Direct negotiation | Minor defects, cooperative contractor | Free |
| Disputes Tribunal | Claims under the threshold, clear evidence | Low filing fee |
| Independent mediator | Complex disputes, both parties willing | Varies |
| District Court | Large claims, legal representation needed | Higher |
When to Call a Professional
If the concrete failure involves a structural slab, retaining wall, or any element that could affect the safety or weathertightness of your home, don't delay — get a qualified building professional or structural engineer to assess it promptly. Some concrete work (particularly in relation to foundations or structural elements) may fall under the NZ Building Code and require a licensed professional to assess and remedy. You can find qualified concreters and building professionals in your area on tradedirectory.co.nz.
Also, if any associated work involves plumbing drainage under or near the slab, only a licensed drainlayer registered with the Plumbers, Gasfitters and Drainlayers Board should carry out repairs to those elements.
Site Safe
