Retention money resources

Last updated: 6 June 2024

Retention money - resources

Resources are available to help those impacted understand the requirements of the retention money regime.

Guidance document

MBIE has published guidance to help people who withhold retention money comply with the strengthened retention regime.

Retention Money Guidance for the Construction Contracts Act 2002 [PDF 6.6MB]

This guidance is for:

  • property owners, developers, contractors and anyone who withholds retention money
  • contractors and subcontractors who have retention money withheld from them as a security for performance
  • legal, accounting and insolvency professionals.

The guidance includes:

  • how to comply with the Amendment Act
  • roles and responsibilities of MBIE, people who withhold retention money, people who have retention money withheld from them, insolvency practitioners, and others
  • how people who withhold retention money can meet reporting requirements to the people they withhold retention money from
  • what happens to retention money held in the event of insolvency or receivership
  • information on the consequences of non-compliance or misrepresentation
  • definitions and explanations of key terms and concepts.

Webinar

On 25 August 2023, MBIE held a webinar for main contractors, sub-contractors, clients, and payment certifiers (Quantity Surveyors and Engineers to Contract) to explain what the changes in the Amendment Act mean for these groups.

Video transcript

Example reports

MBIE has developed examples for each type of reporting requirement under the retention money regime (from party A to party B).

Retention Money Payment Schedule [PDF 287KB]

Retention Money Internal Report [PDF 296KB]

Retention Money Quarterly Statement [PDF 293KB]

Retention Money Transaction Report [PDF 287KB]

Industry tools

The sector has developed software and resources to support compliance with the retention money regime here in Aotearoa/New Zealand.

Payapps is a cloud-based software solution designed to support the New Zealand construction industry in complying with the Construction Contracts Act.

It simplifies and standardises payment claims and approvals between head contractors (party A) and subcontractors (party B).

Payapps also offers features such as retention fund tracking and reporting across various projects, which can assist with compliance with the retention regime requirements of the Construction Contracts Act. It supports compliance by providing clear visibility into retention funds and detailed reporting on retention ageing.

Payapps also includes specialised onboarding plans for all users and integrates with current business software and accounting systems.

Payapps New Zealand – www.payapps.com

 

Please note: The Ministry of Business, Innovation and Employment (MBIE) is not responsible for the content of other websites linked to or referenced from this site (MBIE neither endorses the information, content, presentation or accuracy of such other websites, nor make any warranty, express or implied, regarding these other sites).

If you have information, software or a tool which specifically supports compliance with the retention regime, email building@mbie.govt.nz

Helpful links

Construction Contracts Act 2002 – legislation.govt.nz

This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: