Terms & Conditions

A legal disclaimer

RealiNZ (“the Consultant”) provides advisory and facilitation services in relation to unconsented building works, Building Act compliance, and Certificates of Acceptance (COA) processes.
All information, advice, drawings, and reports are prepared in good faith and based on the information, documents, and access provided by the client and/or their representatives.
While every reasonable effort is made to ensure accuracy and compliance with relevant laws and regulations, the Consultant does not guarantee the approval of any application or the acceptance of work by the relevant Council or regulatory authority.

The Consultant is not responsible for:

Errors, omissions, or delays caused by incomplete, inaccurate, or withheld information supplied by the client or third parties.
Decisions, interpretations, or requirements imposed by Councils or other regulatory bodies.
Works undertaken by contractors, builders, or other trades not directly engaged or supervised by the Consultant.
Any consequential loss, financial or otherwise, arising from the use of the Consultant’s advice, reports, drawings, or other deliverables.

All liability, to the fullest extent permitted by law, is limited to the total amount invoiced for the services provided. By engaging the Consultant, the client acknowledges and agrees to this limitation of liability.

Terms & Conditions - the basics

1. Services Provided
The Consultant will provide the following services as agreed in writing with the client:

Full assessment of unconsented building works.
Written list of any remedial work required.
Preparation of drawings and detailing (if required).
Preparation of Certificate of Acceptance report for Council submission.
Acting as liaison with Council on the client’s behalf.
Preparation of Compliance Pathway report for purchasers.

2. Client Responsibilities
The client must:

Provide full and accurate information, documentation, and access to the property as required.
Ensure all necessary approvals for property access are obtained prior to site visits.
Engage suitably qualified contractors for any remedial works.
Notify the Consultant of any changes to project scope or requirements as soon as practicable.

3. Fees and Payment

Fees will be charged as agreed in the proposal or engagement letter.
Payment terms are strictly [e.g. 7 or 14] days from the date of invoice unless otherwise agreed in writing.
Late payments may incur interest at 2% per month and/or suspension of services until payment is received.

4. Council Processes and Outcomes
The Consultant will use reasonable skill and care in preparing and submitting reports and applications but makes no warranty as to:

The speed of processing by Council.
Approval or acceptance of the application by Council.
Any additional conditions or remedial works required by Council.

5. Limitation of Liability
The Consultant’s total liability for any claim arising from the services provided is limited to the total amount of fees invoiced for the project. The Consultant is not liable for indirect or consequential losses.

6. Intellectual Property
All drawings, reports, and documents prepared by the Consultant remain the intellectual property of the Consultant until full payment has been received. Upon payment, the client is granted a licence to use the documents solely for the project for which they were prepared.

7. Termination
Either party may terminate the engagement by providing written notice. The client must pay for all work completed up to the termination date.

8. Governing Law
These Terms and Conditions are governed by the laws of New Zealand, and both parties submit to the exclusive jurisdiction of the New Zealand courts.