1 Title

2 Commencement

3 Purpose

4 Principles to be applied in performing functions or duties, or exercising powers, under this Act

5 Overview

6 Act binds the Crown

7 Interpretation

8 Building: what it means and includes

9 Building: what it does not include

10 Meaning of allotment

11 Role of chief executive

12 Role of building consent authority and territorial authority

13 Role of regional authority

14 Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams

15 Outline of this Part

16 Building code: purpose

17 All building work must comply with building code

18 Building work not required to achieve performance criteria additional to or more restrictive than building code

19 How compliance with building code is established

20 Regulations may specify that there is only 1 means of complying with building code

21 What happens if regulations specifying that there is only 1 means of complying with building code are made or not made

22 Compliance document for use in establishing compliance with building code

23 Effect of compliance documents

24 Chief executive may amend or revoke compliance documents

25 Content of compliance document

25A Compliance documents to be available on Ministry's website

26 Chief executive may issue warning about, or ban use of, building methods or products

27 Offence to use building method or product in breach of ban under section 26

28 Limits on certain powers of building consent authority in cases involving bans under section 26

29 Procedural requirements for compliance documents, warnings, and bans

30 Procedural requirements for urgent compliance documents, warnings, and bans

30A National multiple-use approval establishes compliance with building code

30B How to apply for national multiple-use approval

30C Applications for national multiple-use approval relating to design work that is restricted building work

30D Chief executive must decide whether to accept, for processing, application for national multiple-use approval

30E Processing application for national multiple-use approval

30F Issue of national multiple-use approval

30G Refusal to issue national multiple-use approval

30H Suspension or revocation of national multiple-use approval

31 Building consent authority must apply for project information memorandum

32 Owner may apply for project information memorandum

33 Content of application

34 Issue of project information memorandum

35 Content of project information memorandum

36 Territorial authority may issue development contribution notice

37 Territorial authority must issue certificate if resource consent required

38 Territorial authority must give copy of project information memorandum in certain circumstances

39 Territorial authority must advise New Zealand Historic Places Trust in certain circumstances

40 Buildings not to be constructed, altered, demolished, or removed without consent

41 Building consent not required in certain cases

42 Owner must apply for certificate of acceptance if building work carried out urgently

43 Building consent not required for energy work

44 When to apply for building consent

45 How to apply for building consent

45A Minor variations to building consents

45B Changes to plans and specifications that have national multiple-use approval

46 Copy of certain applications for building consent must be provided to New Zealand Fire Service Commission

47 New Zealand Fire Service Commission may give advice on applications under section 46

48 Processing application for building consent

49 Grant of building consent

50 Refusal of application for building consent

51 Issue of building consent

52 Lapse of building consent

53 Applicant for building consent liable to pay levy

54 Building consent authority must advise applicant of amount of levy payable

55 Exemption from levy

56 Payment of levy sufficient unless estimated value of building work changes

57 Payment of levy if building work completed in stages

58 Liability to pay levy: building consent authority

59 Liability to pay levy: territorial authority

60 Territorial authority may retain part of levy

61 Chief executive may recover unpaid levies from territorial authority

62 Territorial authority may recover unpaid levies from applicant for building consent

63 Chief executive may obtain information in order to assess amount of levy payable

64 Audit of issue of building consents for purpose of ascertaining payment of levy

65 Chief executive may enter into agreements for auditing certain information

66 Chief executive must review levy

67 Territorial authority may grant building consent subject to waivers or modifications of building code

68 Territorial authority must notify chief executive if waiver or modification granted

69 Waiver or modification may only be granted by chief executive in certain cases

70 Applications relating to energy work

71 Building on land subject to natural hazards

72 Building consent for building on land subject to natural hazards must be granted in certain cases

73 Conditions on building consents granted under section 72

74 Steps after notification

75 Construction of building on 2 or more allotments

76 Exemption from section 75

77 Building consent must not be granted until condition is imposed under section 75

78 Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77

79 Effect of entry recorded on certificate of title

80 Certificates of title for 2 or more allotments subject to registered instrument

81 Mortgage, charge, or lien has priority over registered instrument

82 Registrar-General of Land may require preparation of plan

83 Owner may apply for entry to be removed

84 Licensed building practitioner must carry out or supervise restricted building work

85 Offences relating to carrying out or supervising restricted building work

86 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner

87 Owner must notify names of licensed building practitioners engaged in restricted building work

88 Licensed building practitioner to certify or provide memorandum about restricted building work

89 Licensed building practitioner must notify building consent authority of breaches of building consent

90 Inspections by building consent authorities

91 Building consent authority that grants building consent to issue code compliance certificate

92 Application for code compliance certificate

93 Time in which building consent authority must decide whether to issue code compliance certificate

94 Matters for consideration by building consent authority in deciding issue of code compliance certificate

95 Issue of code compliance certificate

95A Refusal to issue code compliance certificate

96 Territorial authority may issue certificate of acceptance in certain circumstances

97 How to apply for certificate of acceptance

98 Processing application for certificate of acceptance

99 Issue of certificate of acceptance

99A Refusal of application for certificate of acceptance

100 Requirement for compliance schedule

101 Owner must comply with requirement for compliance schedule

102 Compliance schedule must be issued with code compliance certificate in certain cases

103 Content of compliance schedule

104 Building consent authority must notify territorial authority of issue of compliance schedule

104A Territorial authority must issue statement in relation to compliance schedule

105 Obligations of owner if compliance schedule is issued

106 Application by owner for amendment to compliance schedule

107 Territorial authority may amend compliance schedule on own initiative

108 Annual building warrant of fitness

109 Territorial authority must consider recommendation to amend compliance schedule

110 Owner must obtain reports on compliance schedule

111 Inspections by territorial authority

112 Alterations to existing buildings

113 Buildings with specified intended lives

114 Owner must give notice of change of use, extension of life, or subdivision of buildings

115 Code compliance requirements: change of use

116 Code compliance requirements: extension of life

116A Code compliance requirements: subdivision

116B Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire

117 Definition for sections 118 to 120

118 Access and facilities for persons with disabilities to and within buildings

119 Compliance document for requirements of persons with disabilities

120 Symbols of access must be displayed

121 Meaning of dangerous building

122 Meaning of earthquake-prone building

123 Meaning of insanitary building

124 Powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings

125 Requirements for notice given under section 124

126 Territorial authority may carry out work

127 Building work includes demolition of building

128 Prohibition on using dangerous, earthquake-prone, or insanitary building

129 Measures to avoid immediate danger or to fix insanitary conditions

130 Territorial authority must apply to District Court for confirmation of warrant

131 Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings

132 Adoption and review of policy

133 Application of this subpart to dams

133A Dams to which subpart 7 provisions apply

134 Owner must classify dam

135 Owner must provide classification of, and certificate for, dam to regional authority

136 Regional authority must decide whether to approve or refuse dam classification

137 Dam classification provided to regional authority by accredited dam owner deemed to have been approved

138 Regional authority must require re-audit of dam classification that it refuses to approve

139 Owner must review dam classification

140 Requirement for dam safety assurance programme

141 Content of dam safety assurance programme

142 Owner must provide dam safety assurance programme to regional authority

143 Regional authority must decide whether to approve or refuse dam safety assurance programme

144 Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved

145 Regional authority must require re-audit of dam safety assurance programme that it refuses to approve

146 Review of dam safety assurance programme

147 Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme

148 Obligations of owner in relation to dam safety assurance programme

149 Who is recognised engineer

150 Owner of dam must supply annual dam compliance certificate

150A Annual dam compliance certificate requirements not to apply to accredited dam owner

151 Register of dams

152 Information to be provided to chief executive

153 Meaning of dangerous dam

153A Meaning of earthquake-prone dam and flood-prone dam

154 Powers of regional authorities in respect of dangerous dams

155 Requirements for notice given under section 154

156 Regional authority may carry out work

157 Measures to avoid immediate danger

158 Regional authority must apply to District Court for confirmation of warrant

159 Building work includes decommissioning and demolition of dam

160 Power of regional authority not limited

161 Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams

162 Adoption and review of policy

163 Definitions for this subpart

164 Issue of notice to fix

165 Form and content of notice to fix

166 Special provisions for notices to fix from building consent authority

167 Inspection of building work under notice to fix

168 Offence not to comply with notice to fix

169 Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister

170 Chief executive must consult in performing certain functions

171 Chief executive may seek advice from building advisory panel

172 Appointment of building advisory panel

173 Function of panel

174 Chief executive must report on panel's operation

175 Chief executive may publish guidance information

176 Meaning of party

177 Application for determination

178 Requirements for application for determination

179 Chief executive may refuse application for determination

180 Application for determination may be withdrawn

181 Chief executive may make determination on own initiative

182 No proceedings until determination made

183 Decision or exercise of power suspended until determination made

184 Chief executive must decide whether to make determination

185 When determination must be completed

186 Procedure for determination

187 Chief executive may engage persons to assist with determination

188 Determination by chief executive

189 Clarification of determination

190 Parties' costs

191 Chief executive may enter person's name in register of building consent authorities

192 Criteria for registration

193 Effect of registration

194 Application for registration

195 Chief executive must decide application for registration

196 Registration continuous so long as person meets criteria for registration

197 Consequences of failure to meet criteria for registration

198 Effect of suspension

199 Offence for person to perform functions of building consent authority or regional authority if person not registered, etc

200 Complaints about building consent authorities

201 Chief executive may conduct investigation on own initiative

202 Procedure if chief executive proceeds to investigate complaint or matter

203 Disciplinary powers of chief executive

204 Special powers of chief executive for monitoring performance of functions under this Act

205 Limits on power to enter land or building

206 Chief executive must supply warrant

207 Duties of person supplied with warrant

208 Appeals to District Court

209 Procedure for commencing appeal

210 Steps after appeal is commenced

211 Powers of District Court on appeal

212 Territorial authority must act as building consent authority for its district

213 Territorial authority may make arrangements relating to functions of building consent authority

214 How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority

215 Territorial authority must gain accreditation and be registered

216 Territorial authority must keep information about buildings

217 Access to certain information kept by territorial authority

218 Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under section 169

219 Territorial authority may impose fee or charge and must collect levy

220 Territorial authority may carry out building work on default

221 Recovery of costs when territorial authority carries out work on default

222 Inspections by territorial authority

223 Duty to assist inspections

224 Warrant must be produced

225 Offence to impersonate authorised officer

226 Restriction on entry to household unit

227 District Court may authorise entry to household unit

228 Authorised officer must give notice to occupier of household unit

229 Authorisation of enforcement officers

230 Conditions of authorisation

231 Offence to impersonate enforcement officer

232 Delegation of powers by territorial authority and its officers

233 Transfer of functions, duties, or powers of territorial authority

234 Procedure for transfer

235 Territorial authorities may agree on terms of transfer

236 Effect of transfer

237 Application of subpart

238 Duties of building consent authority

239 Building consent authority must provide information to chief executive

240 Building consent authority may impose fee or charge and must collect levy

241 Regional authority must gain accreditation and be registered

242 Regional authority must provide information to chief executive

243 Regional authorities may impose fee or charge and recover costs, and must collect levy

244 Transfer of functions, duties, and powers of regional authority

245 Procedure for transfer

246 Regional authorities may agree on terms of transfer

247 Effect of transfer

248 Chief executive may appoint building consent accreditation body

249 Requirements for building consent accreditation body

249A Fees for audits

250 Accreditation

251 Criteria for accreditation

252 Scope of accreditation of building consent authority that is not territorial authority

253 Application for accreditation

254 Revocation of accreditation

255 Building consent accreditation body must notify chief executive of grant and revocation of accreditation

256 Chief executive may appoint dam owner accreditation body

257 Requirements for dam owner accreditation body

257A Fees for audits

258 Accreditation

259 Revocation of accreditation

260 Dam owner accreditation body must notify chief executive of grant and revocation of accreditation

261 Chief executive may appoint product certification accreditation body

262 Requirements for product certification accreditation body

262A Fees for audits

263 Accreditation

264 Criteria for accreditation

265 Application for accreditation

266 Suspension or revocation of accreditation

267 Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation

268 Application for product certificate

269 Issue of product certificate

270 Annual review of product certificate

271 Suspension or revocation of product certificate

272 Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate

273 Chief executive must keep registers

274 Purpose of registers

275 Content of register of building consent authorities

276 Review of territorial authorities

277 Non-performance by territorial authority

278 Criteria for appointment or renewal of appointment

279 Effect of appointment

280 Costs may be recovered from territorial authority

281 Requirements for appointment

282 Definitions for this Part

282A Purposes of licensing building practitioners

283 Specified procedure for making decisions

284 Other procedure for making decisions

285 Licensing classes may be designated by regulations

286 Entitlement to be licensed

287 Applications to become licensed

288 Registrar to license applicant or decline application

289 Duty to produce evidence of being licensed

290 Term of being licensed

291 Automatic licensing of people registered under other enactments

292 Licensed building practitioner must meet applicable minimum standards for licensing to continue

293 Consequences of failure to meet applicable minimum standards for licensing

294 Cancellation of licensing

295 Mandatory licensing suspension

296 Voluntary licensing suspension

297 Effect of licensing suspension

298 Register of licensed building practitioners

299 Purpose of register

300 Form of register

301 Matters to be contained in register

302 Obligation to notify Registrar of change in circumstances

303 Registrar must contact licensed building practitioners on annual basis

304 Alterations to register

305 Search of register

306 Search criteria

307 Search purposes

308 When search constitutes interference with privacy of individual

309 Search fees

310 Appointment of Registrar of Licensed Building Practitioners

311 Functions of Registrar

312 Power of Registrar to delegate

313 Certificate of Registrar to be conclusive evidence

314 Offences relating to licensing

315 Complaints about licensed building practitioners

316 Board must investigate complaints

317 Grounds for discipline of licensed building practitioners

318 Disciplinary penalties

319 Non-payment of fines or costs

320 Payment and application of charges, fines, and other money

321 Board must act independently

322 Board may hear evidence for disciplinary matters

323 Issuing of summons by Board

324 Service of summons

325 Witnesses' fees, allowances, and expenses

326 Failure to comply with summons

327 Witness and counsel privileges

328 Enforcement of actions

329 Certificate of Board to be conclusive evidence

330 Right of appeal

331 Time in which appeal must be brought

332 Method of bringing appeal

333 Notice of right of appeal

334 Actions to have effect pending determination of appeal

335 Procedure on appeal

336 Appeal authority's decision final

337 Appeal authority may refer matter back for reconsideration

338 Orders as to costs

339 Orders as to publication of names

340 Appeal on question of law

341 Establishment of Board

342 Capacity and powers

343 Board's functions

344 Composition of Board

345 Criteria for appointment

346 Further provisions relating to Board and its members

347 Obligation to prepare annual report

348 Form and content of annual report

349 Obligation for Board to provide annual report to Minister

350 Board to publish reports

351 Annual reports to be presented to House of Representatives

352 Power of Minister to require information relating to affairs of Board

353 Rules relating to licensed building practitioners

354 Chief executive to prepare proposed rules

355 Particular requirements for preparation of rules containing LBP standards

356 Rules to be approved by Board

357 Revision of rules

358 Approval of revised rule

359 Requirements of sections 355 to 358 relate to amendments and revocations by Board

360 Rules to be approved by Minister

361 Rules made when approved by Minister

362 Status of rules

362A Premises in respect of which duty arises under section 363

363 Protecting safety of members of public using premises open to public or intended for public use

363A Public use of premises may be allowed before issue of code compliance certificate in some circumstances

363B Application of section 363 to building work where consent granted, or work begun, before 31 March 2005

363C Section 363 does not apply to building work commenced before commencement of Building Act 1991

364 Offence for residential property developer to transfer household unit without code compliance certificate

365 Offence to fail to comply with direction of authorised person

366 Offence to impersonate building consent authority or regional authority, etc

367 Offence to obstruct execution of powers under this Act

368 Offence to remove or deface notices

369 Offence to make false or misleading statement

370 Interpretation

371 Proceedings for infringement offences

372 Issue of infringement notices

373 Form of infringement notices

374 Payment of infringement fees

375 Prosecution of offences

376 Offences punishable on summary conviction

377 Laying information

378 Time limit for laying information

379 Offence under more than 1 enactment

380 What constitutes continuing offence

381 District Court may grant injunctions for certain continuing breaches

382 Terms of injunction or order

383 District Court may direct chief executive to make determination

384 District Court may grant interim injunctions

385 Application of section 381 to Crown organisation

386 Liability of principal for acts of agents

387 Liability for acts of employees or agents of Crown organisations

388 Strict liability and defences

389 Fines to be paid to territorial authority or regional authority instituting prosecution

390 Civil proceedings may not be brought against chief executive, employees, etc

391 Civil proceedings against building consent authorities

392 Building consent authority not liable

393 Limitation defences

394 Service of notices

395 Notices in relation to Māori land

396 Application of sections 397 to 399

397 Implied warranties for building work in relation to household units

398 Proceedings for breach of warranties may be taken by person who was not party to contract for building work

399 Person may not give away benefit of warranties

400 Regulations: building code

401 Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code

402 Regulations: general

402A Chief executive must review regulations made under section 402(1)(kb)

403 Consultation requirements for making regulations

404 Certain regulations must not come into force earlier than specified date

405 Incorporation of material by reference into regulations, certain Orders in Council, and compliance document

406 Effect of amendments to, or replacement of, material incorporated by reference

407 Proof of material incorporated by reference

408 Effect of expiry of material incorporated by reference

409 Requirement to consult

410 Access to material incorporated by reference

411 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference

412 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference

413 Application of Standards Act 1988 not affected

414 Amendments to other enactments

415 Repeal

416 Outline of transitional provisions

417 No compensation for loss of office

418 Authority dissolved

419 Assets and liabilities vest in Crown

420 Protection from civil liability for members, building referees, and employees of Authority continued

421 Restriction of compensation for technical redundancy

422 Reappointment of employee of Authority to Ministry

423 Final reports and accounts

424 References to Authority

425 Proceedings of Authority

426 Validation of levy

427 Validation of past expenditure of levy

428 Validation of accumulation of levy

429 Transitional provision for matters of doubt or dispute relating to building control under former Act

430 Transitional provision for building levy under former Act

431 Transitional provision for rate of building levy under this Act

432 Transitional provision for certain applications

433 Transitional provision for building consents granted under former Act

434 Transitional provision for certain entries on certificates of title made under former Act

435 Transitional provision for notices issued under former Act

436 Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act

437 Transitional provision for issue of certificate of acceptance

438 Transitional provision for code compliance certificates and compliance schedules issued under former Act

439 Transitional provision for document used in establishing compliance with building code

440 Transitional provision for applications for approval as building certifier under former Act

441 Transitional provision for applications for continuation or renewal of approval as building certifier under former Act

442 Meaning of approved building certifier

443 Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority

444 What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006

445 What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006

446 Certain provisions of former Act apply for purposes of sections 444 and 445

447 Transitional provision for certificate of accreditation issued under former Act

448 Transitional provision for proceedings under former Act

449 Territorial authorities and regional authorities must apply to be registered by 31 May 2006

450 When territorial authority may and must act as building consent authority during transition to this Act

451 Chief executive must review building code