Subpart 4Transitional provisions

Outline of transitional provisions

416 Outline of transitional provisions
  • (1) The general scheme and effect of the transitional provisions is as follows:

    • (a) on 30 November 2004,—

      • (i) the Authority is dissolved; and

      • (ii) the regulation-making powers in the Act, and its transitional provisions relating to the dissolution of the Authority, come into force; and

      • (iii) the provisions setting out the functions of the chief executive under the Act come into force; and

      • (iv) the obligation of territorial authorities to adopt a policy on dangerous, earthquake-prone, and insanitary buildings comes into force; and

      • (v) the licensing regime for building practitioners comes into force; and

      • (vi) the obligation of the chief executive to review the building code comes into force; and

    • (b) between 30 November 2004 and 31 March 2005, the chief executive must perform the functions and duties, and exercise the powers, of the Authority under the Building Act 1991; and

    • (c) on 31 March 2005,—

      • (i) the rest of this Act (except some provisions) comes into force; and

      • (ii) the Building Act 1991 is repealed; and

      • (iii) the building control provisions of the Act (for example, the provisions relating to building consents, code compliance certificates, and compliance schedules) come into force; and

    • (d) between 30 November 2004 and 31 May 2006, persons who held an approval as a building certifier under the former Act may apply to be registered as a building consent authority under section 191; and

    • (e) between 30 November 2004 and 31 May 2006, territorial authorities and regional authorities must apply to be registered under section 191; and

    • (f) on and after the date specified in section 450(3)(b)(ii), only building consent authorities that are registered under section 191 may perform functions relating to building control; and

    • (g) on 30 November 2010,—

      • (i) the requirement that restricted building work must be carried out or supervised by a licensed building practitioner comes into force; and

      • (ii) the transitional period ends.

    (2) This section is a guide only to the general scheme and effect of these provisions.

    Section 416(1)(f): amended, on 29 August 2007, by section 5(3) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).

    Section 416(1)(f): amended, on 14 April 2005, by section 3(8) of the Building Amendment Act 2005 (2005 No 31).

    Section 416(1)(g): amended, on 15 March 2008, by section 89 of the Building Amendment Act 2008 (2008 No 4).