Subcontractor agreement template (NZ), written to the 2026 contractor gateway test, the Construction Contracts Act and the Health and Safety at Work Act.
An eleven-clause agreement between a head contractor and an independent subcontractor, plus a one-page employee-or-contractor checklist. PDF and editable Word. Free, no email required.
Do you need a written contract with a subcontractor in NZ, and what should it say?
Nothing forces you to have one, but without one you have no protection on three fronts. First, status: since 21 February 2026 the Employment Relations Act 2000 has a gateway test, and a worker is a ‘specified contractor’ only if there is a written agreement saying so, they are free to work for others, they are not tied to set hours or can subcontract, and you will not end the agreement for declining extra work; miss any limb and the old ‘real nature of the relationship’ tests decide, with wage arrears and holiday pay on the line. Second, payment: the Construction Contracts Act 2002 payment-claim regime (pay or answer with a payment schedule within 20 working days by default) and the retention money trust rules in force since 5 October 2023 only work if the agreement sets them out. Third, safety: both businesses are PCBUs with overlapping duties under the Health and Safety at Work Act 2015 and must coordinate. Across 13,567 publicly posted NZ construction reviews, punctuality is praised in 38 to 40% of positive reviews and tidiness in 16 to 21%. Clients do not separate your subs from you.
The job this document is doing.
- —A ‘contractor’ who works only for you, on your hours, in your van, and is found to be an employee
- —A sub’s claim arrives, nobody responds in time, and the whole amount becomes a debt under the Act
- —Retentions held in the general account, which has been an offence since October 2023
- —A sub’s worker is hurt and neither business had told the other what it was doing
Open it and use it today.
- 01Status clause written to the four gateway limbs, with the reasonable-opportunity-to-seek-advice line
- 02Scope, materials and plant; price as fixed or charge-up; payment claims, schedules, retentions on trust, schedular payments
- 03Programme and delay notice; variations in writing before the work
- 04Health and safety: overlapping duties, induction, notifiable events, stop-work
- 05Quality, certificates, record of work and defects; insurance; ending; disputes and adjudication
- 06Page 2: gateway test checklist, real-nature tests table, why it matters
Free to use and adapt for your own business. Not legal advice: check contract terms against your own terms of trade and, where it matters, with a lawyer.
The law behind it. Employment Relations Act 2000, section 6 as amended by the Employment Relations Amendment Act 2025 (in force 21 February 2026); Construction Contracts Act 2002 and the Construction Contracts (Retention Money) Amendment Act 2023 (in force 5 October 2023); Health and Safety at Work Act 2015, sections 34, 36, 56; Building Act 2004, sections 88 and 362I to 362K. Checked on legislation.govt.nz, employment.govt.nz and building.govt.nz on 9 October 2026. Not legal advice.
Why this document, and not another one.
| Category | Punctuality praised | Tidiness praised | Quality score (of 4 dimensions) |
|---|---|---|---|
| Builders | 38.3% of positive reviews | 15.9% | 99.0 / 100 |
| Outdoor and civil construction | 40.3% of positive reviews | 21.0% | 98.8 / 100 |
From 13,567 publicly posted reviews of 328 NZ builders and outdoor and civil construction contractors, collected August 2026. Positive reviews score 80 or more out of 100. Full corpus, method and thresholds: the construction methodology page. Full findings: the construction research study.
The questions this document answers, in full.
Employee vs Contractor in New Zealand: The 2026 Test Explained
Read the answer →Do I Need a Written Contract With a Subcontractor in NZ?
Read the answer →Use it alongside
Subcontractor management register (Excel)
Three working sheets: a register with licence and insurance expiry flags, a job allocation sheet that tracks value, claims and retentions, and a performance sheet scoring the four things clients notice.
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