New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 1 February 2010
| Public Act | 2004 No 72 |
| Date of assent | 24 August 2004 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Building and Housing.
Application of Act to the Crown
14 Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
Requirement to comply with building code
18 Building work not required to achieve performance criteria additional to or more restrictive than building code
Establishing compliance with building code
Regulations may specify 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
Procedural requirements for compliance documents, warnings, and bans
National multiple-use approvals
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
46 Copy of certain applications for building consent must be provided to New Zealand Fire Service Commission
67 Territorial authority may grant building consent subject to waivers or modifications of building code
72 Building consent for building on land subject to natural hazards must be granted in certain cases
Limitations and restrictions on building consents: Construction of building on 2 or more allotments
78 Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77
Restricted building work must be carried out or supervised by licensed building practitioners
86 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
Other provisions relating to building work generally
89 Licensed building practitioner must notify building consent authority of breaches of building consent
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
Annual building warrant of fitness
Alterations to existing buildings
Change of use, extension of life, and subdivision of buildings
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
Access to buildings by persons with disabilities
Definitions of dangerous, earthquake-prone, and insanitary buildings
Powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings
124 Powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings
Policy on dangerous, earthquake-prone, and insanitary buildings
131 Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings
Application of subpart to dams
Dams to which provisions of this subpart apply
137 Dam classification provided to regional authority by accredited dam owner deemed to have been approved
Dam safety assurance programmes
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
161 Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams
Functions, duties, and powers of chief executive generally
169 Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
Power of chief executive to make determinations
199 Offence for person to perform functions of building consent authority or regional authority if person not registered, etc
Further powers of chief executive
Appeal from chief executive's decisions
Functions, duties, and powers of territorial authorities generally
214 How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority
218 Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under section 169
Power of territorial authority to carry out building work on default
Powers of territorial authority to carry out inspections and enter land
Enforcement powers of territorial authority
Transfer of functions, duties, or powers of territorial authority
Subpart 3—Responsibilities of building consent authority that is not territorial authority or regional authority
Functions, duties, and powers of regional authorities generally
Transfer of functions, duties, and powers of regional authority
Appointment of building consent accreditation body
Requirements for building consent accreditation body
Accreditation of building consent authorities or regional authorities
255 Building consent accreditation body must notify chief executive of grant and revocation of accreditation
Appointment of dam owner accreditation body
Requirements for dam owner accreditation body
260 Dam owner accreditation body must notify chief executive of grant and revocation of accreditation
Appointment of product certification accreditation body
Requirements for product certification accreditation body
Accreditation of product certification bodies
267 Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation
Certification of building methods or products
272 Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate
Chief executive must keep registers
Chief executive may review territorial authorities
General procedure of Board and Registrar under this Part
Provisions relating to licences
Automatic licensing of certain professions
Licensing cancellation and suspension
Register of licensed building practitioners
Registrar of Licensed Building Practitioners
Offences relating to licensing
Powers and procedure of Board on disciplinary matters
Offence relating to building control
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
364 Offence for residential property developer to transfer household unit without code compliance certificate
Offences relating to administration of Act
Proceedings for infringement offences
Proceedings for offences generally
398 Proceedings for breach of warranties may be taken by person who was not party to contract for building work
401 Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
Incorporation of material by reference
405 Incorporation of material by reference into regulations, certain Orders in Council, and compliance document
Outline of transitional provisions
No compensation for loss of office
420 Protection from civil liability for members, building referees, and employees of Authority continued
429 Transitional provision for matters of doubt or dispute relating to building control under former Act
436 Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
438 Transitional provision for code compliance certificates and compliance schedules issued under former Act
441 Transitional provision for applications for continuation or renewal of approval as building certifier under former Act
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
450 When territorial authority may and must act as building consent authority during transition to this Act
The Parliament of New Zealand enacts as follows:
This Act is the Building Act 2004.
(1) The following provisions come into force on 30 November 2004:
(a) section 1:
(b) Part 1 (except sections 12 to 14):
(c) sections 131 and 132:
(d) subpart 1 of Part 3:
(e) Part 4:
(f) Part 5 (except sections 414 and 415, 429 to 448, and 450):
(g) Schedule 3.
(2) The rest of this Act comes into force on 31 March 2005 (except sections 45(1)(e) and 45(2) to 45(4) and 84 to 89).
(3) Sections 45(1)(e) and 45(2) to 45(4) and 84 to 89 come into force on 30 November 2010.
Section 2(3): amended, on 15 March 2008, by section 4 of the Building Amendment Act 2008 (2008 No 4).
The purpose of this Act is to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings, to ensure that—
(a) people who use buildings can do so safely and without endangering their health; and
(b) buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
(c) people who use a building can escape from the building if it is on fire; and
(d) buildings are designed, constructed, and able to be used in ways that promote sustainable development.
Compare: 1991 No 150 s 6(1)
(1) This section applies to—
(a) the Minister; and
(b) the chief executive; and
(c) a territorial authority or regional authority (but only to the extent that the territorial authority or regional authority is performing functions or duties, or exercising powers, in relation to the grant of waivers or modifications of the building code and the adoption and review of policy on dangerous, earthquake-prone, and insanitary buildings or, as the case may be, dangerous dams).
(2) In achieving the purpose of this Act, a person to whom this section applies must take into account the following principles that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act:
(a) when dealing with any matter relating to 1 or more household units,—
(i) the role that household units play in the lives of the people who use them, and the importance of—
(A) the building code as it relates to household units; and
(B) the need to ensure that household units comply with the building code:
(ii) the need to ensure that maintenance requirements of household units are reasonable:
(iii) the desirability of ensuring that owners of household units are aware of the maintenance requirements of their household units:
(b) the need to ensure that any harmful effect on human health resulting from the use of particular building methods or products or of a particular building design, or from building work, is prevented or minimised:
(c) the importance of ensuring that each building is durable for its intended use:
(d) the importance of recognising any special traditional and cultural aspects of the intended use of a building:
(e) the costs of a building (including maintenance) over the whole of its life:
(f) the importance of standards of building design and construction in achieving compliance with the building code:
(g) the importance of allowing for continuing innovation in methods of building design and construction:
(h) the reasonable expectations of a person who is authorised by law to enter a building to undertake rescue operations or firefighting to be protected from injury or illness when doing so:
(i) the need to provide protection to limit the extent and effects of the spread of fire, particularly with regard to—
(i) household units (whether on the same land or on other property); and
(ii) other property:
(j) the need to provide for the protection of other property from physical damage resulting from the construction, use, and demolition of a building:
(k) the need to provide, both to and within buildings to which section 118 applies, facilities that ensure that reasonable and adequate provision is made for persons with disabilities to enter and carry out normal activities and processes in a building:
(l) the need to facilitate the preservation of buildings of significant cultural, historical, or heritage value:
(m) the need to facilitate the efficient use of energy and energy conservation and the use of renewable sources of energy in buildings:
(n) the need to facilitate the efficient and sustainable use in buildings of—
(i) materials (including materials that promote or support human health); and
(ii) material conservation:
(o) the need to facilitate the efficient use of water and water conservation in buildings:
(p) the need to facilitate the reduction in the generation of waste during the construction process.
Compare: 1991 No 150 s 6(2)
Section 4(2)(k): amended, on 15 March 2008, by section 5 of the Building Amendment Act 2008 (2008 No 4).
(1) This Act replaces the Building Act 1991.
(2) In this Act,—
(a) this Part deals with preliminary matters, including—
(i) the purpose of this Act:
(ii) interpretation:
(iii) the application of this Act to the Crown:
(b) Part 2 and Schedules 1 and 2 deal with matters relating to the building code and building control, including—
(i) the requirements relating to building work (for example, the requirement for a building consent):
(ii) the requirements relating to the use of buildings (for example, the requirement for a compliance schedule or the provisions relating to access to buildings by persons with disabilities):
(iii) provisions for certain categories of buildings (including dangerous, earthquake-prone, or insanitary buildings):
(iv) provisions for the safety of dams:
(c) Part 3—
(i) sets out the main functions, duties, and powers of the chief executive, territorial authorities, building consent authorities, and regional authorities under this Act:
(ii) empowers the chief executive to register building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3:
(iii) provides for the appointment of a building consent accreditation body and the accreditation of building consent authorities:
(iv) provides for the appointment of a dam owner accreditation body and the accreditation of dam owners:
(v) provides for the appointment of a product certification accreditation body and the accreditation of product certification bodies:
(vi) sets out a process for the certification of building methods or products:
(d) Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the establishment of the Building Practitioners Board, and the making of rules relating to licensed building practitioners:
(e) Part 5 and Schedule 4 deal with miscellaneous matters that underpin the substantive provisions of this Act, including—
(i) offences and criminal proceedings:
(ii) implied terms of contracts that provide for building work to be carried out in relation to household units:
(iii) regulation-making powers:
(iv) amendments to other enactments and the repeal of the Building Act 1991:
(v) transitional provisions.
(3) This section is intended only as a guide to the general scheme and effect of this Act.
Section 5(2)(c)(ii): amended, on 14 April 2005, by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).
(1) This Act binds the Crown except as provided in subsections (2) to (4).
(2) This Act does not apply to a Crown building or Crown building work if the Minister of Defence certifies in writing that the building or building work is necessary for reasons of national security.
(3) An instrument of the Crown may be prosecuted for an offence against this Act only if—
(a) it is a Crown organisation; and
(b) the offence is alleged to have been committed by the Crown organisation; and
(c) the proceedings are commenced—
(i) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
(ii) in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(4) The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided for in subsection (3).
Compare: 1991 No 150 s 5
In this Act, unless the context otherwise requires,—
acceptable solution means a solution that must be accepted as complying with the building code
accredited dam owner means an owner of a dam who is accredited under section 258
allotment has the meaning given to it by section 10
alter, in relation to a building, includes to rebuild, re-erect, repair, enlarge, and extend the building
appurtenant structure, in relation to a dam, means a structure that is integral to the proper functioning of the dam
Authority means the Building Industry Authority established under section 10(1) of the former Act
Board has the meaning given to it by section 282
building has the meaning given to it by sections 8 and 9
building code means the regulations made under section 400
building consent means a consent to carry out building work granted by a building consent authority under section 49
building consent accreditation body means the person referred to in section 248(2)
building consent authority means a person whose name is entered in the register referred to in section 273(1)(a)
building levy means a levy payable under section 53
building method or product has the meaning given to it by section 20
building work—
(a) means work—
(i) for, or in connection with, the construction, alteration, demolition, or removal of a building; and
(ii) on an allotment that is likely to affect the extent to which an existing building on that allotment complies with the building code; and
(b) includes sitework; and
(c) includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and
cable car—
(a) means a vehicle—
(i) that carries people or goods on or along an inclined plane or a suspended cable; and
(ii) that operates wholly or partly outside of a building; and
(iii) the traction for which is supplied by a cable or any other means; but
(b) does not include a lift that carries people or goods between the floors of a building
certificate of acceptance means a certificate issued under section 96
chief executive means the chief executive of the Ministry
code compliance certificate means a certificate issued by a building consent authority under section 95
compliance document has the meaning given to it by section 22
compliance schedule means a compliance schedule required under section 100
consideration, in relation to estimated value, has the meaning given to it in section 2(1) of the Goods and Service Tax Act 1985
construct, in relation to a building, includes to design, build, erect, prefabricate, and relocate the building
Crown organisation has the meaning given to it by section 4 of the Crown Organisations (Criminal Liability) Act 2002
dam—
(a) means an artificial barrier, and its appurtenant structures, that—
(i) is constructed to hold back water or other fluid under constant pressure so as to form a reservoir; and
(ii) is used for the storage, control, or diversion of water or other fluid; and
(iii) [Repealed]
(b) includes—
(i) a flood control dam; and
(ii) a natural feature that has been significantly modified to function as a dam; and
(iii) a canal; but
(c) does not include a stopbank designed to control floodwaters
dam owner accreditation body means the person referred to in section 256
dam safety assurance programme means a dam safety assurance programme prepared by an owner of a dam under section 140
determination means a determination made by the chief executive under subpart 1 of Part 3
employee includes,—
(a) in relation to a Crown organisation, the chief executive or principal officer (however described) of that organisation; and
(b) in relation to the New Zealand Defence Force, a member of the Armed Forces (as that term is defined in section 2(1) of the Defence Act 1990)
energy work means—
(a) gasfitting; or
(b) prescribed electrical work
energy work certificate means a certificate of the kind referred to in section 19(1)(e)
enforcement officer means an officer of a territorial authority who is authorised, under section 229, to issue infringement notices under section 372
estimated value, in relation to building work, means the estimated aggregate of the consideration, determined in accordance with section 10 of the Goods and Services Tax Act 1985, of all goods and services to be supplied for the building work
falsework, in relation to building work or the maintenance of a building,—
(a) means any temporary structure or framework used to support materials, equipment, or an assembly; and
(b) includes steel tubes, adjustable steel props, proprietary frames, or other means used to support a permanent structure until it becomes self-supporting; but
(c) does not include scaffolding or cranes used for support
fire hazard means the danger of potential harm and degree of exposure arising from—
(a) the start and spread of fire; and
(b) the smoke and gases that are generated by the start and spread of fire
former Act means the Building Act 1991
functional requirements, in relation to a building, means those functions that the building is required to perform for the purposes of this Act
gasfitting has the meaning given to it by section 2 of the Plumbers, Gasfitters, and Drainlayers Act 1976
household unit—
(a) means a building or group of buildings, or part of a building or group of buildings, that is—
(i) used, or intended to be used, only or mainly for residential purposes; and
(ii) occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household; but
(b) does not include a hostel, boardinghouse, or other specialised accommodation
intended use, in relation to a building,—
(a) includes any or all of the following:
(i) any reasonably foreseeable occasional use that is not incompatible with the intended use:
(ii) normal maintenance:
(iii) activities undertaken in response to fire or any other reasonably foreseeable emergency; but
(b) does not include any other maintenance and repairs or rebuilding
large dam means a dam that retains 3 or more metres depth, and holds 20 000 or more cubic metres volume, of water or other fluid
licensed building practitioner means a building practitioner whose name is, for the time being, entered in the register established and maintained under section 298(1)
means of escape from fire, in relation to a building that has a floor area,—
(a) means continuous unobstructed routes of travel from any part of the floor area of that building to a place of safety; and
(b) includes all active and passive protection features required to warn people of fire and to assist in protecting people from the effects of fire in the course of their escape from the fire
Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act
Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act
minor customisation, in relation to an application for a building consent that incorporates plans and specifications that have national multiple-use approval, means a minor modification, addition, or variation to those plans and specifications that is permitted by regulations made under section 402(1)(kc)
minor variation means a minor modification, addition, or variation to a building consent that is permitted by regulations made under section 402(1)(kd)
national multiple-use approval means an approval issued by the chief executive under section 30F
natural hazard has the meaning given to it by section 71
network utility operator means a person who—
(a) undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
(b) operates or proposes to operate a network for the purpose of—
(i) telecommunication as defined in section 5 of the Telecommunications Act 2001; or
(ii) radiocommunications as defined in section 2(1) of the Radiocommunications Act 1989; or
(c) is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or
(d) undertakes or proposes to undertake the distribution of water for supply (including irrigation); or
(e) undertakes or proposes to undertake a drainage or sewerage system
notice to fix has the meaning given to it by section 164(2)
NUO system means a system owned or controlled by a network utility operator
other property—
(a) means any land or buildings, or part of any land or buildings, that are—
(i) not held under the same allotment; or
(ii) not held under the same ownership; and
(b) includes a road
owner, in relation to land and any buildings on the land,—
(a) means the person who—
(i) is entitled to the rack rent from the land; or
(ii) would be so entitled if the land were let to a tenant at a rack rent; and
(b) includes—
(i) the owner of the fee simple of the land; and
(ii) for the purposes of sections 32, 44, 92, 96, and 97, any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, and who is bound by the agreement because the agreement is still in force
performance criteria, in relation to a building, means qualitative or quantitative criteria that the building is required to satisfy in performing its functional requirements
person includes—
(a) the Crown; and
(b) a corporation sole; and
(c) a body of persons (whether corporate or unincorporate)
person with a disability means a person who has an impairment or a combination of impairments that limits the extent to which the person can engage in the activities, pursuits, and processes of everyday life, including, without limitation, any of the following:
(a) a physical, sensory, neurological, or intellectual impairment:
(b) a mental illness
plans and specifications—
(a) means the drawings, specifications, and other documents according to which a building is proposed to be constructed, altered, demolished, or removed; and
(b) includes the proposed procedures for inspection during the construction, alteration, demolition, or removal of a building; and
(c) in the case of the construction or alteration of a building, also includes—
(i) the intended use of the building; and
(ii) the specified systems that the applicant for building consent considers will be required to be included in a compliance schedule required under section 100; and
(iii) the proposed procedures for inspection and routine maintenance for the purposes of the compliance schedule for those specified systems
prescribed electrical work has the meaning given to it by section 2(1) of the Electricity Act 1992
prescribed fee includes a fee calculated in accordance with a rate or method prescribed for this purpose in regulations made under this Act
product certification accreditation body means the person referred to in section 261(2)
property—
(a) includes land, buildings, and goods; but
(b) does not include incorporeal forms of property
publicly notify means publish a notice—
(a) in 1 or more daily newspapers circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and
(b) in the Gazette; and
(c) on the Internet in an electronic form that is publicly accessible at all reasonable times
recognised engineer, in relation to a dam, means an engineer who meets the requirements in section 149
regional authority means—
(a) a regional council; or
(b) a unitary authority
regional council has the meaning given to it by section 5(1) of the Local Government Act 2002
Registrar has the meaning given to it by section 282
regulations means regulations in force under this Act
residential property developer means a person who, in trade, does any of the following things in relation to a household unit for the purpose of selling the household unit:
(a) builds the household unit; or
(b) arranges for the household unit to be built; or
(c) acquires the household unit from a person who built it or arranged for it to be built
restricted building work—
(a) means building work that is—
(i) critical to the integrity of a building, for example, its envelope and structure; and
(ii) of a kind declared by the Governor-General by Order in Council to be building work that must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise that work; and that Order in Council may relate, without limitation, to certain types or categories of buildings, or parts of buildings specified in the Order in Council; and
(b) includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and
(c) does not include any building work for which, in accordance with section 41, a building consent is not required
rules means any rules made under section 353
scaffolding used in the course of the construction process—
(a) means a structure, framework, swinging stage, suspended scaffolding, or boatswain's chair, that is of a temporary nature and that is used or intended to be used for—
(i) the support or protection of workers engaged in, or in connection with, construction work for the purpose of carrying out the work; or
(ii) the support of materials used in connection with the work; and
(b) includes any plank, coupling, fastening, fitting, or device used in connection with the construction, erection, or use of scaffolding
scope of accreditation, in relation to a building consent authority that is not a territorial authority, means the scope of technical competence for which the building consent authority is accredited by a building consent accreditation body in accordance with section 252
sitework means work on a building site, including earthworks, preparatory to, or associated with, the construction, alteration, demolition, or removal of a building
specialised accommodation means a building that is declared by the Governor-General, by Order in Council, to be specialised accommodation for the purposes of this Act
specified intended life has the meaning given to it by section 113(3)
specified system—
(a) means a system or feature that—
(i) is contained in a building; and
(ii) contributes to the proper functioning of the building (for example, an automatic sprinkler system); and
(iii) is declared by the Governor-General, by Order in Council, to be a specified system for the purposes of this Act; and
(b) includes a cable car
statutory authority means an authority or organisation that has the statutory power to classify or register land or buildings for any purpose
supervise, in relation to building work, means provide control or direction and oversight of the building work to an extent that is sufficient to ensure that the building work—
(a) is performed competently; and
(b) complies with the building consent under which it is carried out
territorial authority means a city council or district council named in Part 2 of Schedule 2 of the Local Government Act 2002; and—
(a) in relation to land within the district of a territorial authority, or a building on or proposed to be built on any such land, means that territorial authority; and
(b) in relation to any part of a coastal marine area (within the meaning of the Resource Management Act 1991) that is not within the district of a territorial authority, or a building on or proposed to be built on any such part, means the territorial authority whose district is adjacent to that part
trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to—
(a) the supply or acquisition of goods or services; or
(b) the acquisition of household units or any interest in land
unitary authority has the meaning given to it by section 5(1) of the Local Government Act 2002
verification method means a method by which compliance with the building code may be verified
working day means any day except—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and Waitangi Day; and
(b) the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
(c) a day in the period beginning on 20 December in any year and ending with the close of 10 January in the following year.
Compare: 1991 No 150 s 2
Section 7 building work paragraph (b): substituted, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).
Section 7 building work paragraph (c): added, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).
Section 7 building work paragraph (d): added, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).
Section 7 consideration: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).
Section 7 dam paragraph (a)(iii): repealed, on 15 March 2008, by section 6(1) of the Building Amendment Act 2008 (2008 No 4).
Section 7 employee paragraph (a): amended, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).
Section 7 estimated value: amended, on 15 March 2008, by section 6(2) of the Building Amendment Act 2008 (2008 No 4).
Section 7 large dam: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).
Section 7 minor customisation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).
Section 7 minor variation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).
Section 7 national multiple-use approval: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).
Section 7 network utility operator paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
Section 7 owner paragraph (b)(ii): substituted, on 15 March 2008, by section 6(3) of the Building Amendment Act 2008 (2008 No 4).
Section 7 prescribed fee: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).
Section 7 restricted building work: substituted, on 15 March 2008, by section 6(4) of the Building Amendment Act 2008 (2008 No 4).
Section 7 territorial authority: substituted, on 14 April 2005, by section 3(3) of the Building Amendment Act 2005 (2005 No 31).
(1) In this Act, unless the context otherwise requires, building—
(a) means a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery, or chattels); and
(b) includes—
(i) a mechanical, electrical, or other system; and
(ii) a fence as defined in section 2 of the Fencing of Swimming Pools Act 1987; and
(iii) a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or long-term basis; and
(iv) a mast pole or a telecommunication aerial that is on, or forms part of, a building and that is more than 7 m in height above the point of its attachment or base support (except a dish aerial that is less than 2 m wide); and
(c) includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and
(d) includes the non-moving parts of a cable car attached to or servicing a building; and
(e) after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.
(2) Subsection (1)(b)(i) only applies if—
(a) the mechanical, electrical, or other system is attached to the structure referred to in subsection (1)(a); and
(b) the system—
(i) is required by the building code; or
(ii) if installed, is required to comply with the building code.
(3) Subsection (1)(c) only applies in relation to—
(a) subpart 2 of Part 2; and
(b) a building consent; and
(c) a code compliance certificate; and
(d) a compliance schedule.
(4) This section is subject to section 9.
Compare: 1991 No 150 s 3
Section 8(1)(c): substituted, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).
Section 8(1)(d): added, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).
Section 8(1)(e): added, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).
In this Act, building does not include—
(a) a NUO system, or part of a NUO system, that—
(i) is external to the building; and
(ii) is connected to, or is intended to be connected to, the building to provide for the successful functioning of the NUO system in accordance with the system's intended design and purpose; and
(iii) is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or
(ab) a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or
(b) cranes (including any cranes as defined in regulations made under the Health and Safety in Employment Act 1992); or
(c) any of the following, whether or not incorporated within another structure:
(i) ski tows:
(ii) other similar stand-alone machinery systems; or
(d) any description of vessel, boat, ferry, or craft used in navigation—
(i) whether or not it has a means of propulsion; and
(ii) regardless of what that means of propulsion is; or
(e) aircraft (including any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth); or
(f) any offshore installation (as defined in section 222 of the Maritime Transport Act 1994) to be used for petroleum mining; or
(g) containers as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996; or
(h) magazines as defined in section 222 of the Hazardous Substances and New Organisms Act 1996; or
(i) scaffolding used in the course of the construction process; or
(j) falsework.
Compare: 1991 No 150 s 3
Section 9(ab): inserted, on 15 March 2008, by section 7 of the Building Amendment Act 2008 (2008 No 4).
(1) In this Act, unless the context otherwise requires, allotment means a parcel of land—
(a) that is a continuous area of land; and
(b) whose boundaries are shown on a survey plan, whether or not as a subdivision—
(i) approved by way of a subdivision consent granted under the Resource Management Act 1991; or
(ii) allowed or granted under any other Act; and
(c) that is—
(i) subject to the Land Transfer Act 1952 and comprised in 1 certificate of title or for which 1 certificate of title could be issued under that Act; or
(ii) not subject to that Act and was acquired by its owner under 1 instrument of conveyance.
(2) For the purposes of subsection (1), an allotment is taken—
(a) to be a continuous area of land even if part of it is physically separated from any other part by a road or in any other manner, unless the division of the allotment into those parts has been allowed by a subdivision consent granted under the Resource Management Act 1991 or a subdivision approval under any former enactment relating to the subdivision of land:
(b) to include the balance of any land from which any allotment is being or has been subdivided.
Compare: 1991 No 150 s 4
Under this Act, the chief executive—
(a) issues compliance documents and reviews those documents; and
(b) warns against, or bans the use of, particular building methods or products; and
(ba) determines applications for national multiple-use approvals; and
(c) specifies the kinds of applications for a building consent that must be copied to the New Zealand Fire Service Commission under section 46; and
(d) monitors and reports annually to the Minister in accordance with section 169; and
(e) publishes guidance information on the requirements of this Act and the building code; and
(f) registers building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3; and
(g) makes determinations under subpart 1 of Part 3; and
(h) reviews the operation of territorial authorities, regional authorities, and building consent authorities in relation to their functions under this Act; and
(i) grants and revokes accreditation of building consent authorities or appoints a building consent accreditation body to do so; and
(j) grants and revokes accreditation of dam owners or appoints a dam owner accreditation body to do so; and
(k) appoints a product certification accreditation body under section 261; and
(l) disseminates information and provides educational programmes on matters relating to building control; and
(m) takes enforcement action (including taking proceedings for offences under this Act) if the chief executive considers that it is desirable to do so—
(i) to establish or clarify any matter of principle relating to building or the interpretation of this Act; or
(ii) in cases where 1 or more territorial authorities are unwilling or unable to take enforcement action; and
(n) establishes and maintains the registers referred to in section 273; and
(o) appoints the Registrar under section 310; and
(p) prepares proposed rules under section 354; and
(q) carries out any other functions and duties specified in this Act; and
(r) carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (q).
Compare: 1991 No 150 s 12(1)
Section 11(ba): inserted, on 1 February 2010, by section 6 of the Building Amendment Act 2009 (2009 No 25).
Section 11(f): amended, on 14 April 2005, by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).
Section 11(h): amended, on 14 April 2005, by section 3(4) of the Building Amendment Act 2005 (2005 No 31).
(1) Under this Act, a building consent authority—
(a) issues building consents, but not if a building consent is required to be subject to a waiver or modification of the building code; and
(b) inspects building work for which it has granted a building consent; and
(c) issues notices to fix; and
(d) issues code compliance certificates; and
(e) issues compliance schedules.
(2) Under this Act, a territorial authority—
(a) performs the functions of a building consent authority set out in subsection (1)(a) (including the issue of building consents subject to a waiver or modification of the building code) if—
(i) the territorial authority is also a building consent authority; and
(ii) an owner applies to the territorial authority for a building consent; and
(b) issues project information memoranda; and
(c) grants exemptions under Schedule 1; and
(d) grants waivers and modifications of the building code; and
(e) issues certificates of acceptance; and
(f) issues and amends compliance schedules; and
(g) administers annual building warrants of fitness; and
(h) enforces the provisions relating to annual building warrants of fitness; and
(i) decides the extent to which buildings must comply with the building code when—
(i) they are altered; or
(ii) their use is changed; or
(iii) their specified intended life changes; and
(j) performs functions relating to dangerous, earthquake-prone, or insanitary buildings; and
(k) carries out any other functions and duties specified in this Act; and
(l) carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (k).
Under this Act, a regional authority—
(a) performs the functions of a building consent authority set out in section 12 to the extent that those functions relate to dams (including the issue of building consents subject to a waiver or modification of the building code); and
(b) considers and approves dam classifications; and
(c) considers and approves dam safety assurance programmes; and
(d) administers the provisions of this Act relating to—
(i) dam classifications; and
(ii) dam safety assurance programmes; and
(iii) dam compliance certificates; and
(e) enforces the provisions of the building code and this Act and regulations that relate to dams; and
(f) adopts a policy on dangerous dams; and
(g) carries out any other functions and duties specified in this Act; and
(h) carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (g).
(1) The regional authority is responsible for performing functions under this Act relating to a building that is a dam.
(2) If a building includes a dam,—
(a) the regional authority is responsible for performing functions under this Act relating to the dam; and
(b) the building consent authority and territorial authority are responsible for performing functions under this Act relating to the parts of the building that are not a dam.
(3) For the purposes of subsection (1),—
(a) sections 31 to 39 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority; and
(b) sections 40 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority were a reference to a regional authority.
(4) For the purposes of subsection (2), sections 31 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority.
(5) The building consent authority and territorial authority must do everything reasonably practicable to liaise with the regional authority in performing functions or duties, or exercising powers, in relation to a building that includes a dam.
Section 14: substituted, on 14 April 2005, by section 5 of the Building Amendment Act 2005 (2005 No 31).
Section 14(3)(b): amended, on 15 March 2008, by section 8(1) of the Building Amendment Act 2008 (2008 No 4).
Section 14(4): amended, on 15 March 2008, by section 8(2) of the Building Amendment Act 2008 (2008 No 4).
(1) In general terms, this Part provides—
(a) that all building work must comply with the building code to the extent required by this Act:
(b) how compliance with the building code is to be established:
(ba) the effect of a national multiple-use approval and how to apply for one:
(c) when a project information memorandum is required and how to apply for one:
(d) when a building consent is required and how to apply for one:
(e) that an applicant for a building consent is liable to pay a levy to the chief executive if the application is granted:
(f) that restricted building work must be carried out or supervised by 1 or more licensed building practitioners:
(g) for a building consent authority to issue a notice requiring building work to be fixed so as to comply with this Act and the building consent:
(h) that a building consent authority may inspect building work for which it has granted a consent:
(i) that all building work under a building consent must have a code compliance certificate issued by the building consent authority that issued the building consent or another building consent authority that agrees to assume responsibility for the building work:
(j) that a compliance schedule and annual building warrant of fitness is required for buildings with specified systems:
(k) that when a building undergoes alterations it may have to be upgraded to comply with the building code:
(l) for requirements that must be met when the use or intended life of a building changes:
(m) for access and facilities for persons with disabilities to and within buildings:
(n) for territorial authorities to perform functions relating to dangerous, earthquake-prone, or insanitary buildings:
(o) for regional authorities to perform functions relating to dams.
(2) This section is intended only as a guide to the general scheme and effect of this Part.
Section 15(1)(ba): inserted, on 1 February 2010, by section 7(1) of the Building Amendment Act 2009 (2009 No 25).
Section 15(1)(c): substituted, on 1 February 2010, by section 7(2) of the Building Amendment Act 2009 (2009 No 25).
The building code prescribes functional requirements for buildings and the performance criteria with which buildings must comply in their intended use.
All building work must comply with the building code to the extent required by this Act, whether or not a building consent is required in respect of that building work.
Compare: 1991 No 150 s 7(1)
(1) A person who carries out any building work is not required by this Act to—
(a) achieve performance criteria that are additional to, or more restrictive than, the performance criteria prescribed in the building code in relation to that building work; or
(b) take any action in respect of that building work if it complies with the building code.
(2) Subsection (1) is subject to any express provision to the contrary in any Act.
Compare: 1991 No 150 s 7(2)
(1) A building consent authority must accept any or all of the following as establishing compliance with the building code:
(a) compliance with regulations referred to in section 20:
(b) compliance with the provisions of a compliance document:
(c) a determination to that effect made by the chief executive under subpart 1 of Part 3:
(ca) a current national multiple-use approval issued under section 30F, if every relevant condition in that national multiple-use approval is met:
(d) a current product certificate issued under section 269, if every relevant condition in that product certificate is met:
(e) to the extent that compliance with a requirement imposed by regulations made under the Electricity Act 1992 or the Gas Act 1992 is compliance with any particular provisions of the building code, a certificate issued under any of those regulations to the effect that any energy work complies with those requirements.
(2) In considering whether something complies with the building code, a building consent authority or, as the case may be, a regional authority—
(a) must have regard to any relevant warning issued, and ban declared, under section 26(2); and
(b) may have regard to any guidance information published by the chief executive under section 175.
Compare: 1991 No 150 s 50
Section 19(1): amended, on 14 April 2005, by section 16(2)(b) of the Building Amendment Act 2005 (2005 No 31).
Section 19(1)(ca): inserted, on 1 February 2010, by section 8(1) of the Building Amendment Act 2009 (2009 No 25).
Section 19(1)(d): amended, on 1 February 2010, by section 8(2) of the Building Amendment Act 2009 (2009 No 25).
(1) Regulations may be made under section 401 that specify that there is only 1 means of complying with all or any of the provisions of the building code.
(2) Without limiting subsection (1), the regulations may specify the means of compliance with the building code by requiring the use in the prescribed circumstances (if any) of all or any of the following:
(a) prescribed acceptable solutions:
(b) prescribed verification methods:
(c) building methods, methods of construction, building design, or building materials (building methods or products) that have a current product certificate issued under section 269.
(1) If regulations referred to in section 20 are made, a person who carries out any building work must, in order to comply with the building code, comply with those regulations to the extent that they are relevant to the building work.
(2) If the regulations are not made, a person may comply with the building code by any means, including by complying with a compliance document.
(1) The chief executive may, by notice in the Gazette, issue a document for use in establishing compliance with the building code (a compliance document).
(2) A person who complies with a compliance document must, for the purposes of this Act, be treated as having complied with the provisions of the building code to which the document relates.
(3) Subsection (2) is subject to any regulations referred to in section 20.
Compare: 1991 No 150 s 49(1)
A person may comply with a compliance document in order to comply with the provisions of the building code to which the document relates, but doing so is not the only means of complying with those provisions.
Compare: 1991 No 150 s 49(2)
(1) The chief executive may, by notice in the Gazette, amend or revoke a compliance document at any time.
(2) If subsection (1) applies, the amendment or revocation does not have retrospective effect.
Compare: 1991 No 150 s 49(6)
(1) A compliance document must state—
(a) the date on which the document comes into force; and
(b) whether the document, or parts of it, applies to building work for which a building consent has been issued before the date on which the compliance document comes into force.
(2) A compliance document may contain—
(a) acceptable solutions; or
(b) verification methods.
(3) A compliance document must not contain a provision that—
(a) relates to contractual or commercial requirements; or
(b) relates to regulatory approvals, dispensations, or waivers; or
(c) is inconsistent with this Act or the regulations.
(4) Material may be incorporated by reference in a compliance document in accordance with sections 405 to 413.
Compare: 1991 No 150 s 49(3), (4)
(1) The chief executive must ensure that—
(a) promptly after a new compliance document is issued, a digital copy is publicly available on the Ministry's website:
(b) even after a compliance document has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the website:
(c) promptly after a compliance document is amended, there are publicly available on the Ministry's website—
(i) a digital copy of the amendment; and
(ii) a digital copy of the document in its up-to-date form.
(2) [Repealed]
(3) [Repealed]
(4) The digital copies must be available free of charge.
Section 25A: inserted, on 14 April 2005, by section 6 of the Building Amendment Act 2005 (2005 No 31).
Section 25A(2): repealed, on 15 March 2008, by section 9 of the Building Amendment Act 2008 (2008 No 4).
Section 25A(3): repealed, on 15 March 2008, by section 9 of the Building Amendment Act 2008 (2008 No 4).
(1) This section applies if the chief executive considers on reasonable grounds that the use of a building method or product has resulted, or is likely to result, in a building or building work failing to comply with the building code.
(2) The chief executive may—
(a) issue a warning about the building method or product; or
(b) declare a ban on the building method or product.
(3) The chief executive must publicly notify—
(a) the warning or ban; and
(b) the date on which the warning or ban comes into force; and
(c) in the case of a ban, whether the ban applies to building work for which a building consent has been issued before the date on which the ban comes into force; and
(d) whether the procedure in section 29 has been followed in relation to the warning or ban.
(4) The chief executive—
(a) may, at any time, amend or revoke the warning or ban; and
(b) must publicly notify—
(i) the amendment or revocation; and
(ii) the date on which the amendment or revocation comes into force.
(1) A person must not use a building method or product if doing so breaches a ban under section 26.
(2) A person commits an offence if the person fails to comply with subsection (1).
(3) A person who commits an offence under this section is liable to a fine not exceeding $200,000.
(1) A building consent authority must not exercise any of the powers specified in subsection (2) if doing so results, or could result, in a person breaching a ban under section 26.
(2) The powers are—
(a) to grant a building consent for building work; or
(b) to issue a code compliance certificate for building work.
(3) However, subsection (2)(b) does not apply if the building consent to which the code compliance certificate relates was granted before the ban under section 26 came into force.
(1) This section applies if the chief executive proposes to—
(a) issue a compliance document; or
(b) amend or revoke a compliance document; or
(c) issue a warning or declare a ban; or
(d) amend or revoke a warning or ban.
(2) Before doing any of the things referred to in subsection (1), the chief executive must—
(a) seek to identify all reasonably practicable options for achieving the objective of the document, warning, or ban; and
(b) assess those options by considering—
(i) the benefits and costs of each option; and
(ii) the extent to which the objective would be promoted or achieved by each option; and
(iii) any other matters that, in the chief executive's opinion, are relevant; and
(c) publicly notify a statement of proposal; and
(d) give persons an opportunity to make submissions on the statement of proposal; and
(e) consider those submissions.
(3) For the purposes of subsection (2)(c), the chief executive must notify—
(a) where copies of the statement of proposal may be obtained; and
(b) that submissions on the statement of proposal may be made to the chief executive by a specified date (which date must not be less than 10 working days after the date of the public notification).
(4) The statement of proposal must contain—
(a) a detailed statement of the proposal (which may be a copy of the proposed document, warning, or ban); and
(b) a statement of the reasons for the proposal; and
(c) an analysis of the reasonably practicable options, including the proposal, identified under subsection (2); and
(d) a detailed statement of the proposed transitional changes (if any) for the document, warning, or ban; and
(e) the date on which the document, warning, or ban is proposed to come into force; and
(f) a statement as to whether the document, warning, or ban will apply to building work for which a building consent has been issued before the date on which the document, warning, or ban comes into force; and
(g) any other information that the chief executive considers relevant.
(5) The chief executive is not required to comply with subsection (2) if the chief executive is satisfied that—
(a) the document or warning needs to be issued, or the ban needs to be declared, urgently; or
(b) the document, warning, or ban needs to be amended urgently; or
(c) the document, warning, or ban needs to be revoked urgently; or
(d) the effect of the document, warning, or ban is minor and will not adversely affect the substantial interests of any person.
Compare: 1991 No 150 s 49(9)
(1) If section 29(5) applies, the chief executive must—
(a) consult on the document, warning, or ban (as the case may be) in accordance with section 29(2) to (4); and
(b) after that consultation, publicly notify whether he or she has decided to amend, replace, or revoke the document, warning, or ban.
(2) The chief executive must comply with subsection (1) within 6 months of issuing, amending, replacing, or revoking the document, warning, or ban concerned.
(3) In the public notification, the chief executive must—
(a) explain the reasons for his or her decision; or
(b) state where copies of that explanation may be obtained.
Heading: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) A national multiple-use approval establishes that the plans and specifications to which it relates comply with the building code.
(2) To avoid doubt, a national multiple-use approval does not confer the right to carry out building work that requires a building consent.
Section 30A: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) An application for a national multiple-use approval must—
(a) be made in writing; and
(b) be given, in the prescribed form and manner (if any), to the chief executive; and
(c) contain the prescribed information (if any); and
(d) be accompanied by plans and specifications that are—
(i) required by regulations made under section 402; or
(ii) if the regulations do not so require, required by the chief executive; and
(e) if the application relates to building work for which a compliance schedule is required, be accompanied by a list of all specified systems for the building; and
(f) contain or be accompanied by any other information that the chief executive reasonably requires.
(2) An application for an amendment to a national multiple-use approval must be made as if it were an application for a national multiple-use approval, and sections 30A to 30H apply with any necessary modifications.
Section 30B: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) This section applies if an application for a national multiple-use approval is accompanied by plans and specifications that contain design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act.
(2) The design work referred to in subsection (1) must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.
(3) The plans and specifications that contain the design work referred to in subsection (1) must be accompanied by a memorandum—
(a) provided by 1 or more licensed building practitioners who carried out or supervised that design work; and
(b) that identifies that design work; and
(c) that states—
(i) that the design work complies with the building code; or
(ii) whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.
Section 30C: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) The chief executive must, as soon as practicable after receiving an application for a national multiple-use approval,—
(a) decide whether to accept that application for processing; and
(b) give written notice of his or her decision to the applicant; and
(c) if the chief executive decides to refuse to accept the application for processing, state the reasons for the refusal in the notice given under paragraph (b).
(2) The chief executive may require further reasonable information in respect of the application.
(3) The chief executive may refuse to accept for processing an application for a national multiple-use approval only if the chief executive is satisfied, on reasonable grounds, that the application—
(a) does not meet the requirements of this Act; or
(b) includes a building method or product in relation to which the chief executive has publicly notified a ban under section 26; or
(c) does not meet the prescribed eligibility criteria (if any) for a national multiple-use approval.
Section 30D: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) The chief executive must, after accepting for processing an application for a national multiple-use approval, decide whether to—
(a) issue the national multiple-use approval; or
(b) refuse to issue the national multiple-use approval.
(2) If regulations made under section 402(1)(kb) are in force, the chief executive must make the decision referred to in subsection (1) within the period of time prescribed in those regulations.
(3) The chief executive may require further reasonable information in respect of an application for a national multiple-use approval before making the decision referred to in subsection (1), and any prescribed period of time within which that decision must be made is suspended until the chief executive receives that information.
Section 30E: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) The chief executive must issue a national multiple-use approval if he or she is satisfied, on reasonable grounds, that—
(a) the application meets the requirements of section 30B; and
(b) the applicant has paid the prescribed fee (if any); and
(c) the application meets the prescribed eligibility criteria for a national multiple-use approval (if any); and
(d) the application does not involve the use of a building method or product in relation to which the chief executive has publicly notified a ban under section 26; and
(e) if building work were properly completed in accordance with the plans and specifications that accompanied the application, that building work would comply with the building code.
(2) A national multiple-use approval may be issued subject to—
(a) a waiver or modification of the building code; and
(b) 1 or more conditions, including, but not limited to, conditions that the approval applies only—
(i) in specified regions; or
(ii) in specified climates or conditions; or
(iii) to specified aspects of the building work; or
(iv) if the building work complies with specified requirements.
Section 30F: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
If the chief executive is not satisfied of the matters in section 30F, the chief executive must refuse to issue a national multiple-use approval and must give the applicant written notice of—
(a) the refusal; and
(b) the reasons for the refusal.
Section 30G: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) The chief executive may, at any time, suspend or revoke a national multiple-use approval, if the chief executive is satisfied that—
(a) the approval was obtained by fraud, misrepresentation, or the concealment of facts; or
(b) the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or
(c) building work properly completed in accordance with the approval will no longer comply with the building code because of an amendment to the code.
(2) Before revoking or suspending a national multiple-use approval the chief executive must give the holder of the approval a reasonable opportunity to be heard.
(3) When suspending a national multiple-use approval, the chief executive must—
(a) give the holder of the approval a reasonable period to rectify the matter that led to the suspension of the national multiple-use approval; and
(b) lift the suspension if the chief executive is satisfied that the holder of the approval has rectified the matter within that period.
(4) Despite subsections (1) and (3), the chief executive must not suspend or revoke a national multiple-use approval if—
(a) amendments are made to—
(i) the prescribed eligibility criteria for a national multiple-use approval; or
(ii) the building code; and
(b) the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code, solely as a result of those amendments.
(5) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments referred to in that subsection come into force.
(6) The chief executive must record the suspension or revocation of a national multiple-use approval in the register of national multiple-use approvals.
Section 30H: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
(1) A building consent authority must,—
(a) on receiving an application for a building consent, apply for a project information memorandum to the territorial authority for the district in which the proposed building work is to be situated; and
(b) on receiving the project information memorandum from the territorial authority, provide a copy of the memorandum to the owner.
(2) Subsection (1) does not apply if—
(a) the building consent authority is the territorial authority for the district in which the proposed building work is to be situated; or
(b) a project information memorandum has been issued before the application for a building consent is made.
Section 31(2)(a): amended, on 1 February 2010, by section 10 of the Building Amendment Act 2009 (2009 No 25).
An owner may apply to a territorial authority for a project information memorandum for building work if—
(a) the owner is considering carrying out building work; and
(b) a building consent is required for that work.
Compare: 1991 No 150 s 30(1)
(1) An application for a project information memorandum must be in the prescribed form and be accompanied by—
(a) the application charge fixed by the territorial authority; and
(b) any information that the territorial authority reasonably requires in relation to authorisations or requirements (if any) that—
(i) the territorial authority is authorised to refuse or impose under any Act (except this Act); and
(ii) are likely to be relevant to the design and construction of the proposed building; and
(c) any other information that the territorial authority (acting as agent for a network utility operator by prior agreement with that network utility operator) requires in respect of proposed connections to public utilities from the proposed building work.
(2) The territorial authority may not make a requirement under subsection (1)(b) if more than 10 working days have elapsed since the date on which the territorial authority received the application.
(3) For the purposes of subsection (1)(b), the authorisations and requirements referred to in that subsection include, without limitation, authorisations and requirements in respect of—
(a) the intended use of the proposed building; and
(b) the location and external dimensions of the proposed building; and
(c) provisions to be made—
(i) for access for vehicles; and
(ii) in building over or adjacent to any road or public place; and
(iii) for disposing of stormwater and wastewater; and
(d) precautions to be taken if building work is carried out over any existing drains or sewers or in close proximity to wells or water mains.
Compare: 1991 No 150 s 30(3)
(1) A territorial authority must issue a project information memorandum within 20 working days after receiving an application under section 31(1)(a) or section 32.
(2) However, if the territorial authority requires any information under section 33(1)(b) or (c), the period specified in subsection (1) is suspended until it receives the information.
(3) The territorial authority must issue the project information memorandum within 10 working days after receiving that information.
(4) A territorial authority may, within the period specified in subsection (1) or, if applicable, in subsection (3), reissue a project information memorandum if the territorial authority—
(a) considers, on reasonable grounds, that the project information memorandum contains an error or omission; or
(b) receives information that affects the project information memorandum.
Compare: 1991 No 150 s 31(1)
(1AA) A project information memorandum must be issued in the prescribed form (if any).
(1) A project information memorandum must include—
(a) information likely to be relevant to the proposed building work that identifies—
(i) the heritage status of the building (if any); and
(ii) each special feature of the land concerned (if any); and
(b) information likely to be relevant to the proposed building work that, in terms of any other Act, has been notified to the territorial authority by a statutory authority; and
(c) details of any existing stormwater or wastewater utility systems that—
(i) relate to the proposed building work; or
(ii) are on, or adjacent to, the site of the proposed building work; and
(d) details of any authorisation in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator (if the territorial authority is acting as agent for a network utility operator by prior agreement with the network utility operator), is authorised to refuse or require under any Act, except this Act, and, in respect of each authorisation,—
(i) a statement of the requirements to be met in order for the authorisation to be granted or imposed; and
(ii) the conditions to which an authorisation will be subject; and
(e) if the territorial authority considers that the owner of the building or proposed building to which the project information memorandum relates is likely to be required, under section 21A of the Fire Service Act 1975, to make provision for a scheme that provides for evacuation from the scene of a fire, a statement to that effect; and
(f) if the territorial authority considers that notification to the New Zealand Historic Places Trust is likely to be required under section 39, a statement to that effect; and
(g) either—
(i) confirmation, subject to this Act, that building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained; or
(ii) notification that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent; and
(h) if section 75 applies, the statement referred to in section 75(2); and
(i) if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—
(i) section 118 (relating to access and facilities for persons with disabilities to and within buildings); and
(ii) the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.
(2) In this section,—
land concerned—
(a) means the land on which the proposed building work is to be carried out; and
(b) includes any other land likely to affect or be affected by the building work
special feature of the land concerned includes, without limitation, potential natural hazards, or the likely presence of hazardous contaminants, that—
(a) is likely to be relevant to the design and construction or alteration of the building or proposed building; and
(b) is known to the territorial authority; and
(c) is not apparent from the district plan under the Resource Management Act 1991.
Compare: 1991 No 150 s 31(2)–(4)
Section 35(1AA): inserted, on 1 February 2010, by section 11 of the Building Amendment Act 2009 (2009 No 25).
Section 35(1)(h): amended, on 15 March 2008, by section 10 of the Building Amendment Act 2008 (2008 No 4).
Section 35(1)(i): added, on 15 March 2008, by section 10 of the Building Amendment Act 2008 (2008 No 4).
(1) This section applies if a territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner.
(2) The territorial authority must issue a notice, in the prescribed form, to the effect that a code compliance certificate for the building work will not be issued unless the development contribution is paid (development contribution notice).
(3) The development contribution notice must be—
(a) attached to the project information memorandum; or
(b) if no project information memorandum has been applied for, provided to the building consent authority.
Section 36: substituted, on 1 February 2010, by section 12 of the Building Amendment Act 2009 (2009 No 25).
(1) This section applies if a territorial authority considers that—
(a) a resource consent under the Resource Management Act 1991 has not yet been obtained; and
(b) the resource consent will or may materially affect building work to which a project information memorandum or an application for a building consent relates.
(2) The territorial authority must issue a certificate, in the prescribed form, to the effect that until the resource consent has been obtained—
(a) no building work may proceed; or
(b) building work may only proceed to the extent stated in the certificate.
(3) The certificate must be—
(a) attached to the project information memorandum; or
(b) if no project information memorandum has been applied for, provided to the building consent authority.
Compare: 1991 No 150 s 35(1A)
Section 37 heading: substituted, on 1 February 2010, by section 13(1) of the Building Amendment Act 2009 (2009 No 25).
Section 37(1)(b): amended, on 1 February 2010, by section 13(2) of the Building Amendment Act 2009 (2009 No 25).
Section 37(2): amended, on 1 February 2010, by section 13(3) of the Building Amendment Act 2009 (2009 No 25).
Section 37(3): added, on 1 February 2010, by section 13(4) of the Building Amendment Act 2009 (2009 No 25).
If a project information memorandum contains information previously supplied to a territorial authority by a network utility operator or a statutory authority, the territorial authority must give a copy of the project information memorandum to that operator or that authority.
Compare: 1991 No 150 s 31(5)
(1) This section applies if—
(a) an application for a project information memorandum, or for a building consent, affects a registered historic place, historic area, wāhi tapu, or wāhi tapu area; and
(b) the territorial authority has not previously advised the New Zealand Historic Places Trust about the building work to which that application relates.
(2) The territorial authority must advise the New Zealand Historic Places Trust within 5 days after receiving the application.
Compare: 1991 No 150 s 30(4)
Section 39: substituted, on 1 February 2010, by section 14 of the Building Amendment Act 2009 (2009 No 25).
(1) A person must not carry out any building work except in accordance with a building consent.
(2) A person commits an offence if the person fails to comply with this section.
(3) A person who commits an offence under this section is liable to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.
Compare: 1991 No 150 s 32(1)
(1) Despite section 40, a building consent is not required in relation to—
(a) a Crown building or Crown building work to which, under section 6, this Act does not apply; or
(b) any building work described in Schedule 1; or
(c) any building work in respect of which a building consent cannot practicably be obtained in advance because the building work has to be carried out urgently—
(i) for the purpose of saving or protecting life or health or preventing serious damage to property; or
(ii) in order to ensure that a specified system in a building that is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building, is maintained in a safe condition or is made safe; or
(d) any energy work that, under section 43, does not require a building consent; or
(e) any building work that a territorial authority is authorised to carry out under this Act.
(2) The Governor-General may, by Order in Council, add any building work or class of building works to Schedule 1 as being building work for which a building consent is not required.
Compare: 1991 No 150 s 32(2), (3)
(1) If, in reliance on section 41(1)(c), building work is carried out without a building consent having been obtained in respect of that work, the owner must, as soon as practicable after completion of the building work, apply for a certificate of acceptance under section 96.
(2) A person commits an offence if the person fails to apply for a certificate of acceptance in accordance with subsection (1).
(3) A person who commits an offence under this section is liable to a fine not exceeding $5,000.
(1) Energy work does not require a building consent.
(2) However, the following energy work requires a building consent:
(a) energy work that relates to any specified system that is contained in, or proposed to be contained in, any building (whether existing or proposed) and that,—
(i) in the case of an existing specified system, is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building; or
(ii) in the case of a proposed specified system, will be required to be covered by a compliance schedule; and
(b) energy work in any case where, if that work required a building consent, a consent could not be granted unless it was granted subject to a waiver or modification of the building code.
(3) An owner who wishes to obtain a building consent for energy work that does not require a building consent may apply for a building consent for that work (whether or not the application also relates to any other building work), and in that case this Act applies as if the energy work required a building consent.
Compare: 1991 No 150 s 32A
(1) An owner intending to carry out building work must, before the building work begins, apply for a building consent to a building consent authority that is authorised, within the scope of its accreditation, to grant a building consent for the proposed building work.
(2) An owner may make a series of applications for building consents for stages of the proposed building work.
Compare: 1991 No 150 s 33(1), (3)
(1) An application for a building consent must—
(a) be in the prescribed form; and
(b) be accompanied by plans and specifications that are—
(i) required by regulations made under section 402; or
(ii) if the regulations do not so require, required by a building consent authority; and
(ba) if a national multiple-use approval has been issued in relation to some or all of the plans and specifications required under paragraph (b), be accompanied by—
(i) a copy of that national multiple-use approval; and
(ii) details of any proposed minor customisations; and
(c) contain or be accompanied by any other information that the building consent authority reasonably requires; and
(d) be accompanied by the charge fixed by the building consent authority; and
(e) in the case of an application for a building consent that relates to restricted building work, state the name of each licensed building practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the restricted building work that is the subject of the application; and
(f) if the owner applies for a project information memorandum for the building work under section 32 and the project information memorandum is then issued, be accompanied by—
(i) the project information memorandum; and
(ii) a development contribution notice under section 36 (if any); and
(iii) a certificate issued under section 37 (if any); and
(g) be accompanied by either one of the following:
(i) if a compliance schedule is required as a result of the building work, a list of all specified systems for the building; or
(ii) if an amendment to an existing compliance schedule is required as a result of the building work, a list of all specified systems that are being—
(A) altered in the course of the building work:
(B) added to the building in the course of the building work:
(C) removed from the building in the course of the building work.
(2) If an application for a building consent is accompanied by plans and specifications that contain design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act, that design work must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.
(3) The plans and specifications that contain the design work referred to in subsection (2) must be accompanied by a memorandum—
(a) provided by 1 or more licensed building practitioners who carried out or supervised that design work; and
(b) that identifies that design work; and
(c) that states—
(i) that the design work complies with the building code; or
(ii) whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.
(4) An application for an amendment to a building consent must,—
(a) in the case of a minor variation, be made in accordance with section 45A; and
(b) in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51 apply with any necessary modifications.
(5) [Repealed]
Compare: 1991 No 150 s 33(2), (4)
Section 45(1)(ba): inserted, on 1 February 2010, by section 15(1) of the Building Amendment Act 2009 (2009 No 25).
Section 45(2): substituted, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
Section 45(3): substituted, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
Section 45(4): substituted, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
Section 45(5): repealed, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
(1) An application for a minor variation to a building consent—
(a) is not required to be made in the prescribed form; but
(b) must comply with all other applicable requirements of section 45.
(2) Sections 48 to 50 apply, with all necessary modifications, to an application for a minor variation.
(3) A building consent authority that grants a minor variation—
(a) must record the minor variation in writing; but
(b) is not required to issue an amended building consent.
Section 45A: inserted, on 1 February 2010, by section 16 of the Building Amendment Act 2009 (2009 No 25).
(1) When applying for a building consent in reliance on plans and specifications for which a national multiple-use approval has been issued, or for an amendment to such a building consent under section 45(4), changes may be made to those plans and specifications if—
(a) the changes are permitted under the terms of the national multiple-use approval; or
(b) the changes are minor customisations permitted by regulations made under section 402(1)(kc).
(2) If any other changes are made to the plans and specifications referred to in subsection (1), the national multiple-use approval does not apply.
Section 45B: inserted, on 1 February 2010, by section 16 of the Building Amendment Act 2009 (2009 No 25).
(1) This section applies to an application for a building consent that is of a kind specified by the chief executive by notice published in the Gazette.
(2) A copy of the notice must be given by the chief executive to every building consent authority as soon as practicable after it is so published.
(3) A building consent authority must, on receipt of an application to which this section applies, provide a copy of the application to the New Zealand Fire Service Commission.
(1) The New Zealand Fire Service Commission may, within 10 working days after receiving a copy of an application for a building consent under section 46, provide the building consent authority concerned with a memorandum that sets out advice on the following matters in respect of the building to which the application relates:
(a) provisions for means of escape from fire:
(b) the needs of persons who are authorised by law to enter the building to undertake fire-fighting.
(2) The New Zealand Fire Service Commission must not, in the memorandum referred to in subsection (1), set out advice that provides for the building to meet performance criteria that exceed the requirements of the building code.
(3) If the New Zealand Fire Service Commission does not provide a memorandum within the period specified in subsection (1), the building consent authority may proceed to determine the application without the memorandum.
(1) After receiving an application for a building consent that complies with section 45, a building consent authority must, within the time limit specified in subsection (1A),—
(a) grant the application; or
(b) refuse the application.
(1A) The time limit is—
(a) if the application includes plans and specifications in relation to which a national multiple-use approval has been issued, within 10 working days after receipt by the building consent authority of the application; and
(b) in all other cases, within 20 working days after receipt by the building consent authority of the application.
(2) A building consent authority may, within the period specified in subsection (1A), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives that information.
(3) In deciding whether to grant or refuse an application for a building consent, the building consent authority must have regard to—
(a) a memorandum provided by the New Zealand Fire Service Commission under section 47 (if any); and
(b) whether a building method or product to which a current warning or ban under section 26(2) relates will, or may, be used or applied in the building work to which the building consent relates.
(4) Subsection (3) does not limit section 49(1).
Compare: 1991 No 150 s 34(1), (2)
Section 48(1): substituted, on 1 February 2010, by section 17(1) of the Building Amendment Act 2009 (2009 No 25).
Section 48(1A): inserted, on 1 February 2010, by section 17(1) of the Building Amendment Act 2009 (2009 No 25).
Section 48(2): amended, on 1 February 2010, by section 17(2) of the Building Amendment Act 2009 (2009 No 25).
(1) A building consent authority must grant a building consent if it is satisfied on reasonable grounds that the provisions of the building code would be met if the building work were properly completed in accordance with the plans and specifications that accompanied the application.
(2) However, a building consent authority is not required to grant a building consent until it receives—
(a) any charge fixed by it in relation to the consent; and
(b) any levy payable under section 53; and
(c) if section 25 of the Affordable Housing: Enabling Territorial Authorities Act 2008 applies, notification under section 25(6) of that Act.
Compare: 1991 No 150 s 34(3)
Section 49(2)(b): amended, on 17 September 2008, by section 35(2) of the Affordable Housing: Enabling Territorial Authorities Act 2008 (2008 No 67).
Section 49(2)(c): added, on 17 September 2008, by section 35(3) of the Affordable Housing: Enabling Territorial Authorities Act 2008 (2008 No 67).
If a building consent authority refuses to grant an application for a building consent, the building consent authority must give the applicant written notice of—
(a) the refusal; and
(b) the reasons for the refusal.
Compare: 1991 No 150 s 35(2)
(1) A building consent must—
(a) be issued in the prescribed form; and
(b) have attached to it a copy of—
(i) the project information memorandum (if any) for the building work to which the building consent relates; and
(ii) a development contribution notice under section 36 (if any); and
(iii) a certificate issued under section 37 (if any); and
(ba) contain confirmation that the New Zealand Historic Places Trust has been notified under section 39 (if applicable); and
(c) if a compliance schedule is required as a result of the building work, state—
(i) the specified systems that must be covered by the compliance schedule; and
(ii) the performance standards for the specified systems that are required by the building code; and
(d) if an amendment to an existing compliance schedule is required as a result of the building work, state—
(i) the specified systems that must be covered by the compliance schedule; and
(ii) the performance standards for the specified systems that are required by the building code.
(2) The issue of a building consent does not, of itself,—
(a) relieve the owner of the building or proposed building to which the building consent relates of any duty or responsibility under any other Act relating to or affecting the building or proposed building; or
(b) permit the construction, alteration, demolition, or removal of the building or proposed building if that construction, alteration, demolition, or removal would be in breach of any other Act.
(3) If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compliance with subsection (1)(b) or (ba), the building consent authority may grant the building consent despite that subsection.
(4) However, the building consent authority must, on receiving the document or information referred to in subsection (3), provide the owner with the document or information.
Compare: 1991 No 150 s 35(1), (3)
Section 51(1)(b)(i): amended, on 1 February 2010, by section 18(1) of the Building Amendment Act 2009 (2009 No 25).
Section 51(1)(ba): inserted, on 1 February 2010, by section 18(2) of the Building Amendment Act 2009 (2009 No 25).
Section 51(3): substituted, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).
Section 51(4): substituted, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).
A building consent lapses and is of no effect if the building work to which it relates does not commence within—
(a) 12 months after the date of issue of the building consent; or
(b) any further period that the building consent authority may allow.
Compare: 1991 No 150 s 41(1)
(1) An applicant for a building consent is liable to pay to the chief executive a levy for, or in connection with, the performance of the chief executive's functions under this Act if the building consent is granted.
(2) The levy—
(a) must be calculated—
(i) in relation to the estimated value of the building work to which the building consent relates; and
(ii) at the prescribed rate; and
(b) must be paid—
(i) to the building consent authority as the agent of the chief executive; and
(ii) at the time the building consent is granted.
(3) Subsection (2)(a)(ii) is subject to section 431.
Compare: 1991 No 150 s 23B(1), (2)
Section 53(1): substituted, on 14 April 2005, by section 7(1) Building Amendment Act 2005 (2005 No 31).
Section 53(2)(b)(ii): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).
A building consent authority must, before it grants a building consent, advise the applicant of the amount of levy for which the applicant may be liable under section 53.
Despite section 53, an applicant for a building consent is not liable to pay a levy if the building work for which the building consent is issued has an estimated value of less than the prescribed minimum estimated value (if any).
Compare: 1991 No 150 s 23B(1)
If a levy has already been paid for building work for which a building consent is granted, no further levy is payable for that building work unless its estimated value changes.
Section 56: amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).
(1) If building work is, or is proposed to be, completed in stages, the estimated value of the building work must be taken, for the purpose of assessing the levy payable for the building work, to include the estimated value of the preceding stage (if that preceding stage had an estimated value of less than the prescribed minimum estimated value).
(2) For the purposes of subsection (1), any new building work in connection with a building must be treated as a further stage of any previous building work in connection with that building if—
(a) a building consent was, or ought to have been, obtained for that previous building work; and
(b) the code compliance certificate for that building work has not been issued as at the date of the application for a building consent for the new building work.
Compare: 1991 No 150 s 23B(3), (4)
(1) A building consent authority, on the grant of a building consent, becomes liable to the territorial authority for the levy payable under section 53 in relation to the building work to which the building consent relates.
(2) A building consent authority must pay the levy to the territorial authority at the same time that it provides, under section 238(2)(d), copies of information about the collection of that levy.
(3) A person commits an offence if the person fails to pay the levy in accordance with this section.
(4) A person who commits an offence under this section is liable to a fine not exceeding $5,000.
Compare: 1991 No 150 s 23C(1)
Section 58(1): amended, on 14 April 2005, by section 7(2)(b) of the Building Amendment Act 2005 (2005 No 31).
(1) A territorial authority, on granting a building consent or on receiving all or any of the information specified in section 238(1)(c), becomes liable to the chief executive for the levy payable under section 53 in relation to the building work to which the building consent relates.
(2) The total amount of the levy for which a territorial authority becomes liable is due and payable to the chief executive by the 20th day of the month following the month in which the relevant building consent was granted.
(3) Every payment of the levy must be accompanied by a certificate of the territorial authority, or of an officer or agent of the territorial authority, that states that the payment is correct—
(a) according to the financial records of the territorial authority; and
(b) to the best of that person's knowledge and belief.
Compare: 1991 No 150 s 23C(1), (2), (3)
Section 59(1): amended, on 14 April 2005, by section 7(2)(c) of the Building Amendment Act 2005 (2005 No 31).
Section 59(2): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).
(1) A territorial authority may retain 3% of the levies for which the territorial authority is liable, under section 59, in any month.
(2) Subsection (1) is subject to section 61.
Compare: 1991 No 150 s 23C(4)
(1) The consequences specified in subsection (2) apply if a territorial authority that is liable to pay levies to the chief executive under section 59(1) fails to pay the levies by the date referred to in section 59(2).
(2) The consequences are that—
(a) section 60(1) does not apply; and
(b) the chief executive may recover, as a debt due from the territorial authority, the amount of those levies and any interest on that amount calculated—
(i) in monthly instalments at the monthly basic lending rate of the Ministry's bank; and
(ii) for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made.
Compare: 1991 No 150 s 23C(5), (6)
(1) The consequence specified in subsection (2) applies if an applicant for a building consent fails to pay a levy or part of a levy under section 53 by the time referred to in section 53(2)(b)(ii).
(2) The consequence is that the territorial authority may recover, as a debt due from the applicant, the amount of those levies and any interest on that amount calculated—
(a) in monthly instalments at the monthly basic lending rate of the territorial authority's bank; and
(b) for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made.
Compare: 1991 No 150 s 23C(8)
(1) The chief executive may require any or all of the persons referred to in subsection (2) to provide any information about the estimated value of building work specified in a building consent that may be necessary to enable the chief executive to assess the amount of levy that is payable under section 53.
(2) The persons are—
(a) an applicant for a building consent:
(b) the relevant building consent authority:
(c) if applicable, the relevant territorial authority.
(3) An applicant who provides information to the chief executive under subsection (1) may request the chief executive to treat the information as confidential, and, except if compliance with the request would be contrary to any other law, the chief executive must comply with the request to the fullest extent possible.
(4) A person commits an offence if the person fails to comply with a requirement to provide information under subsection (1).
(5) A person who commits an offence under this section is liable to a fine not exceeding $5,000.
Compare: 1991 No 150 s 23F
(1) A territorial authority must, at all times, keep in safe custody all records of building consents granted within its district, including—
(a) the estimated value of the building work to which each consent relates; and
(b) the amount of any levy payable under section 53; and
(c) the date of payment of the levy to the territorial authority.
(2) The chief executive or the chief executive's authorised officers or agents may, for the purpose of ascertaining whether the levy for which a territorial authority is liable has been paid, and whether this section has been complied with,—
(a) require a territorial authority to make available for examination the following records of the territorial authority:
(i) records of building consents; and
(ii) financial records; and
(b) examine those records; and
(c) make copies of those records.
(3) A territorial authority must, on being advised of a requirement under subsection (2)(a), comply immediately with that requirement.
(4) The chief executive's authorised officers or agents must report to the chief executive the result of any examination that they have conducted under subsection (2).
Compare: 1991 No 150 s 23E
Section 64(1): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).
(1) The chief executive may enter into an agreement with any person for the purpose of enabling the person to act as agent for the chief executive in determining whether payment of the levy has been made in accordance with sections 53 to 62.
(2) A person with whom the chief executive enters into an agreement referred to in subsection (1) may, while the agreement is in force, access any information that the chief executive may access under sections 63 and 64.
Compare: 1991 No 150 s 23G
As soon as practicable after the expiry of 3 years beginning on the commencement of this section, and then at intervals of not more than 3 years, the chief executive must—
(a) review whether the levy is set at a rate that is appropriate for meeting the costs of the chief executive in performing his or her functions under this Act; and
(b) report to the Minister on the findings of the review.
Compare: 1991 No 150 s 23I
(1) A building consent authority that is a territorial authority may grant an application for a building consent subject to a waiver or modification of the building code.
(2) A waiver or modification of the building code under subsection (1) may be subject to any conditions that the territorial authority considers appropriate.
(3) The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code relating to access and facilities for people with disabilities.
Section 67(3): substituted, on 14 April 2005, by section 8 of the Building Amendment Act 2005 (2005 No 31).
If a territorial authority grants a building consent subject to a waiver or modification of the building code, the territorial authority must notify the chief executive of the waiver or modification.
(1) This section applies to a waiver or modification of the building code that relates to—
(a) an existing building to which section 118 applies; and
(b) access and facilities for use by persons with disabilities.
(2) If this section applies, the chief executive may grant a waiver or modification only in a determination issued under subpart 1 of Part 3.
(3) This section does not apply to a waiver or modification of the building code that relates to a new building or that is contained in a national multiple-use approval.
Section 69(1)(b): amended, on 15 March 2008, by section 12 of the Building Amendment Act 2008 (2008 No 4).
Section 69(3): amended, on 1 February 2010, by section 19 of the Building Amendment Act 2009 (2009 No 25).
(1) This section applies if any part of an application for a building consent—
(a) relates to energy work; and
(b) involves the grant or refusal of a waiver or modification of the building code in relation to that energy work.
(2) If this section applies,—
(a) the application must be made to a territorial authority; and
(b) the territorial authority must refer the part of the application that relates to energy work to the chief executive.
(3) If any part of the application is referred to the chief executive under subsection (2)(b), the chief executive must—
(a) consult with the chief executive of the department of State responsible for the administration of the Gas Act 1992 and the Electricity Act 1992; and
(b) decide—
(i) whether to grant the waiver or modification in relation to the energy work; and
(ii) if he or she decides to grant the waiver or modification, whether any conditions should be imposed in respect of the waiver or modification; and
(iii) if so, what the conditions should be.
(4) An application referred to in subsection (1) must be treated, for the purposes of section 177, as an application by the applicant for the building consent to which the referral relates, and, accordingly, subpart 1 of Part 3 applies to the application—
(a) to the extent that it is applicable; and
(b) with all necessary modifications.
Compare: 1991 No 150 s 34A(1), (2)
(1) A building consent authority must refuse to grant a building consent for construction of a building, or major alterations to a building, if—
(a) the land on which the building work is to be carried out is subject or is likely to be subject to 1 or more natural hazards; or
(b) the building work is likely to accelerate, worsen, or result in a natural hazard on that land or any other property.
(2) Subsection (1) does not apply if the building consent authority is satisfied that adequate provision has been or will be made to—
(a) protect the land, building work, or other property referred to in that subsection from the natural hazard or hazards; or
(b) restore any damage to that land or other property as a result of the building work.
(3) In this section and sections 72 to 74, natural hazard means any of the following:
(a) erosion (including coastal erosion, bank erosion, and sheet erosion):
(b) falling debris (including soil, rock, snow, and ice):
(c) subsidence:
(d) inundation (including flooding, overland flow, storm surge, tidal effects, and ponding):
(e) slippage.
Compare: 1991 No 150 s 36(1)
Despite section 71, a building consent authority that is a territorial authority must grant a building consent if the building consent authority considers that—
(a) the building work to which an application for a building consent relates will not accelerate, worsen, or result in a natural hazard on the land on which the building work is to be carried out or any other property; and
(b) the land is subject or is likely to be subject to 1 or more natural hazards; and
(c) it is reasonable to grant a waiver or modification of the building code in respect of the natural hazard concerned.
Compare: 1991 No 150 s 36(2)
Section 72: amended, on 15 March 2008, by section 13 of the Building Amendment Act 2008 (2008 No 4).
(1) A building consent authority that is a territorial authority that grants a building consent under section 72 must include, as a condition of the consent, that the building consent authority will, on issuing the consent, notify the consent to,—
(a) in the case of an application made by, or on behalf of, the Crown, the appropriate Minister and the Surveyor-General; and
(b) in the case of an application made by, or on behalf of, the owners of Māori land, the Registrar of the Maori Land Court; and
(c) in any other case, the Registrar-General of Land.
(2) The notification under subsection (1)(a) or (b) must be accompanied by a copy of any project information memorandum that has been issued and that relates to the building consent in question.
(3) The notification under subsection (1)(c) must identify the natural hazard concerned.
Compare: 1991 No 150 s 36(2), (3)
Section 73(1): amended, on 15 March 2008, by section 14 of the Building Amendment Act 2008 (2008 No 4).
Section 73(2): amended, on 1 February 2010, by section 20 of the Building Amendment Act 2009 (2009 No 25).
(1) On receiving a notification under section 73,—
(a) the Surveyor-General or the Registrar of the Maori Land Court, as the case may be, must enter in his or her records the particulars of the notification together with a copy of any project information memorandum that accompanied the notification:
(b) the Registrar-General of Land must record, as an entry on the certificate of title to the land on which the building work is carried out,—
(i) that a building consent has been granted under section 72; and
(ii) particulars that identify the natural hazard concerned.
(2) If an entry has been recorded on a duplicate of the certificate of title referred to in subsection (1)(b) under section 641A of the Local Government Act 1974 or section 36 of the former Act, the Registrar-General of Land does not need to record another entry on the duplicate.
(3) Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:
(a) an entry referred to in subsection (1)(b):
(b) an entry under section 641A of the Local Government Act 1974:
(c) an entry under section 36 of the former Act.
(4) The building consent authority must notify the Surveyor-General, the Registrar of the Maori Land Court, or the Registrar-General of Land, as the case may be, who must amend his or her records or remove the entry from the certificate of title.
Compare: 1991 No 150 s 36(5), (6), (7)
Section 74(1)(a): amended, on 1 February 2010, by section 21 of the Building Amendment Act 2009 (2009 No 25).
(1) This section applies if—
(a) an application for a project information memorandum or for a building consent relates to the construction of a building on land that is comprised, or partly comprised, of 2 or more allotments of 1 or more existing subdivisions (whether comprised in the same certificate of title or not); and
(b) those allotments are held by the owner in fee simple.
(2) The territorial authority must issue a certificate that states that, as a condition of the grant of a building consent for the building work to which the application relates, 1 or more of those allotments specified by the territorial authority (the specified allotments) must not be transferred or leased except in conjunction with any specified other or others of those allotments.
Compare: 1991 No 150 s 37(1), (2)
Section 75(1)(a): amended, on 1 February 2010, by section 22(1) of the Building Amendment Act 2009 (2009 No 25).
Section 75(2): substituted, on 1 February 2010, by section 22(2) of the Building Amendment Act 2009 (2009 No 25).
(1) Section 75 does not apply if—
(a) the owner proposes to construct a building with party walls that will be on the boundaries of the allotments referred to in that section; or
(b) the owner has applied to the Registrar-General of Land under section 82 for the Registrar's consent to the preparation of a plan (as defined by that section).
(2) Section 82 applies if subsection (1)(b) applies.
Compare: 1991 No 150 s 37(11)
(1) A building consent authority must not grant a building consent for building work to which section 75 applies until the territorial authority has issued the certificate under section 75(2).
(2) The territorial authority must impose that condition if the building consent authority requests it to do so.
(3) The certificate must be—
(a) authenticated by the territorial authority; and
(b) signed by the owner.
(4) The territorial authority must lodge a copy of the certificate with the Registrar-General of Land.
(5) The building consent authority must note, on the building consent, the condition imposed in the certificate.
Section 77(1): amended, on 1 February 2010, by section 23(1) of the Building Amendment Act 2009 (2009 No 25).
Section 77(5): added, on 1 February 2010, by section 23(2) of the Building Amendment Act 2009 (2009 No 25).
(1) If a certificate referred to in section 77(1) is lodged with the Registrar-General of Land, he or she must record, as an entry on each certificate of title for the specified allotments, that the certificate of title is subject to the condition referred to in that certificate.
(2) The Registrar-General of Land does not need to record the entry on the duplicate of the certificates of title.
(3) Subsection (1) is subject to section 82.
Compare: 1991 No 150 s 37(2)
Section 78(1): amended, on 1 February 2010, by section 24 of the Building Amendment Act 2009 (2009 No 25).
If an entry referred to in section 78(1) is recorded on the certificates of title for the specified allotments, none of those allotments may be transferred or leased except in conjunction with the specified other or others of those allotments.
Compare: 1991 No 150 s 37(3)
(1) This section applies if—
(a) an entry referred to in section 78(1) is made on 2 or more certificates of title; and
(b) any of the land less than the whole of the land comprised in all those certificates of title is, at the time the entry is recorded, independently subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and
(c) that power, right, or obligation referred to in paragraph (b) becomes exercisable but is not able to be exercised or fully exercised because of section 79.
(2) The whole of the land comprised in all those certificates of title is taken to be subject to the registered instrument and all the powers, rights, and obligations under the instrument, as if the instrument had been registered against the land at the time the entry is recorded.
Compare: 1991 No 150 s 37(4)
(1) This section applies if—
(a) the registered instrument referred to in section 80(2) is a mortgage, charge, or lien; and
(b) any of the land to which that mortgage, charge, or lien is extended is already subject to a registered mortgage, charge, or lien.
(2) The registered mortgage, charge, or lien has priority over any mortgage, charge, or lien extended over land under section 80(2).
(3) If a registered mortgage, charge, or lien is extended over the land comprised in a certificate of title by section 80, it has priority over any mortgage, charge, or lien against the land that is registered after the entry is recorded against the certificate of title to that land under that section.
Compare: 1991 No 150 s 37(5), (6)
(1) If a certificate referred to in section 77 is lodged with the Registrar-General of Land, but the Registrar-General is satisfied that it is not practicable or desirable to record the entry on the certificates of title specified in section 78, the Registrar-General may require that—
(a) a plan be deposited under the Land Transfer Act 1952; and
(b) 1 or more certificates of title under that Act be issued for the land in terms of the plan.
(2) In subsection (1), plan means a plan prepared in accordance with section 167 of the Land Transfer Act 1952 that amalgamates all the allotments—
(a) into 1 allotment; or
(b) if the circumstances render it expedient or desirable, into 2 or more allotments.
Compare: 1991 No 150 s 37(7)
(1) This section applies if—
(a) the requirements of sections 75 to 81 or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactments were met to enable a building to be built on 2 or more allotments; and
(b) any of the following applies:
(i) the building is removed, demolished, or destroyed; or
(ii) the boundaries of the allotments are adjusted in a manner that results in the building being contained entirely within the boundaries of 1 allotment; or
(iii) circumstances have otherwise changed.
(2) The owner may apply to a territorial authority for approval for the entry under section 78 to be removed.
(3) If the territorial authority decides to approve the removal of the entry,—
(a) the decision of the territorial authority must be set out in a certificate that is—
(i) authenticated by the territorial authority; and
(ii) signed by the owner; and
(b) the certificate must be lodged with the Registrar-General of Land.
(4) If a certificate referred to in subsection (3)(b) is lodged with the Registrar-General of Land, he or she must record an appropriate entry on—
(a) the certificate of title for each allotment or part of the allotment; and
(b) any mortgage, charge, or lien whose application was extended to additional land under section 80.
(5) If subsection (4)(b) applies, any mortgage, charge, or lien whose application was extended to additional land under section 80 ceases to apply to that additional land.
(6) The Registrar-General of Land does not need to record the entry on the duplicate certificate of title unless that duplicate has had an entry recorded on it under—
(a) section 78; or
(b) section 643 of the Local Government Act 1974; or
(c) the corresponding provisions of any previous enactment.
(7) Subsections (2) and (3) apply, with any necessary modifications, to any request by an owner of land if the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or sections 75 to 81 were applied in error.
Compare: 1991 No 150 s 37(8), (9), (10)
All restricted building work must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise the work.
Section 84: amended, on 15 March 2008, by section 15 of the Building Amendment Act 2008 (2008 No 4).
(1) A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of restricted building work of that kind.
(1A) A licensed building practitioner commits an offence if he or she—
(a) carries out restricted building work of a kind that he or she is not licensed to carry out or supervise the carrying out of; or
(b) supervises the carrying out of restricted building work of a kind that he or she is not licensed to carry out or supervise the carrying out of.
(2) A person who commits an offence under this section is liable to a fine not exceeding $20,000.
Section 85 heading: substituted, on 14 April 2005, by section 9(1) of the Building Amendment Act 2005 (2005 No 31).
Section 85(1): substituted, on 14 April 2005, by section 9(2) of the Building Amendment Act 2005 (2005 No 31).
Section 85(1): amended, on 15 March 2008, by section 16(1) of the Building Amendment Act 2008 (2008 No 4).
Section 85(1A): inserted, on 14 April 2005, by section 9(2) of the Building Amendment Act 2005 (2005 No 31).
Section 85(1A)(a): amended, on 15 March 2008, by section 16(2) of the Building Amendment Act 2008 (2008 No 4).
Section 85(1A)(b): amended, on 15 March 2008, by section 16(2) of the Building Amendment Act 2008 (2008 No 4).
(1) A person commits an offence if the person—
(a) engages another person to carry out or supervise restricted building work; and
(b) knows that the other person is not—
(i) a licensed building practitioner; or
(ii) a licensed building practitioner who is licensed to carry out or supervise the restricted building work.
(2) A person who commits an offence under this section is liable to a fine not exceeding $20,000.
Section 86(1)(b)(ii): amended, on 15 March 2008, by section 17 of the Building Amendment Act 2008 (2008 No 4).
(1) Before restricted building work commences under a building consent, the owner must give the building consent authority written notice of the name of every licensed building practitioner who—
(a) is engaged to carry out, or supervise, the restricted building work under the building consent; and
(b) was not stated in the application for the building consent under section 45(1)(e).
(2) After any restricted building work commences under a building consent, the owner must give the building consent authority a written notice if—
(a) a licensed building practitioner ceases to be engaged to carry out, or supervise, the restricted building work under the building consent; or
(b) another licensed building practitioner is engaged to carry out, or supervise, the restricted building work.
(3) The notice under subsection (2) must—
(a) state that 1 or both of the circumstances specified in subsection (2)(a) and (b) apply; and
(b) be given as soon as practicable; and
(c) name the other licensed building practitioner concerned (if any).
(1) Each licensed building practitioner who carries out or supervises restricted building work under a building consent must, on completion of the restricted building work,—
(a) provide the persons specified in subsection (2) with a memorandum, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised; and
(b) if applicable, give to the persons specified in subsection (2) a certificate, in the prescribed form, stating that any specified systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the building consent.
(2) The persons are—
(a) the owner; and
(b) the territorial authority for the district in which the restricted building work is situated.
(3) A licensed building practitioner who carries out or supervises restricted building work that relates only to part of a specified system may give a certificate under subsection (1) that is qualified to the effect that the restricted building work on the other parts of the specified system must meet the requirements in subsection (1)(a) and (b).
(4) A memorandum provided or certificate given under subsection (1) does not, of itself,—
(a) create any liability in relation to any matter to which the memorandum or certificate relates; or
(b) give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner was not required to provide the memorandum or certificate.
(5) Subsection (4) does not limit section 397(c).
Section 88 heading: amended, on 15 March 2008, by section 18(1) of the Building Amendment Act 2008 (2008 No 4).
Section 88(1): substituted, on 15 March 2008, by section 18(2) of the Building Amendment Act 2008 (2008 No 4).
Section 88(4): amended, on 15 March 2008, by section 18(3)(a) of the Building Amendment Act 2008 (2008 No 4).
Section 88(4)(a): amended, on 15 March 2008, by section 18(3)(b) of the Building Amendment Act 2008 (2008 No 4).
Section 88(4)(b): amended, on 15 March 2008, by section 18(3)(b) of the Building Amendment Act 2008 (2008 No 4).
(1) A licensed building practitioner must, if he or she is of the view that any building work carried out under a building consent does not comply with that consent, notify—
(a) the territorial authority in whose district the building is situated; and
(b) the owner.
(2) The notification must—
(a) state that the licensed building practitioner is of the view that building work carried out under the building consent does not comply with that consent; and
(b) state how the building work does not so comply; and
(c) be given as soon as practicable after the licensed building practitioner forms that view.
(1) Every building consent is subject to the condition that agents authorised by the building consent authority for the purposes of this section are entitled, at all times during normal working hours or while building work is being done, to inspect—
(a) land on which building work is being or is proposed to be carried out; and
(b) building work that has been or is being carried out on or off the building site; and
(c) any building.
(2) The provisions (if any) that are endorsed on a building consent in relation to inspection during the carrying out of building work must be taken to include the provisions of this section.
(3) In this section, inspection means the taking of all reasonable steps to ensure that building work is being carried out in accordance with a building consent.
Compare: 1991 No 150 s 76(1), (2), (3)
(1) A building consent authority that granted the building consent for building work to which a code compliance certificate relates is the only person who may issue that certificate.
(2) However, another building consent authority may issue a code compliance certificate if the following persons agree:
(a) the owner of the building to which the building work relates; and
(b) the building consent authority that it is proposed will issue the code compliance certificate.
(3) Subsection (4) applies if—
(a) a building consent authority that is not a territorial authority or a regional authority is unable or refuses to issue a code compliance certificate in relation to building work for which it granted a building consent; and
(b) no other building consent authority will agree to issue a code compliance certificate for the building work under subsection (2).
(4) The owner of the building to which the building work relates must apply for a certificate of acceptance under section 96.
Section 91(3)(a): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).
(1) An owner must apply to a building consent authority for a code compliance certificate after all building work to be carried out under a building consent granted to that owner is completed.
(2) The application must be made—
(a) as soon as practicable after the building work is completed; and
(b) in the prescribed form; and
(c) either—
(i) to the building consent authority that granted the building consent for the building work; or
(ii) if section 91(2) applies, to the building consent authority that it is proposed will issue the code compliance certificate.
(2A) If applicable, the owner must include with the application any memoranda provided by licensed building practitioners under section 88(1)(a).
(3) If applicable, the owner must include with the application all certificates issued by licensed building practitioners under section 88 that state, when those certificates are considered together, that—
(a) in a case where a compliance schedule is required as a result of restricted building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent; or
(b) in a case where an amendment to an existing compliance schedule is required as a result of the building work, the specified systems that are being altered in, or added to, the building in the course of the restricted building work are capable of performing to the performance standards set out in the building consent.
(4) If the building work comprises or includes energy work in respect of which a building consent has been granted, the owner must also include with the application any energy work certificate that relates to the energy work.
Compare: 1991 No 150 s 43(1), (2), (2A)
Section 92(2A): inserted, on 15 March 2008, by section 19 of the Building Amendment Act 2008 (2008 No 4).
(1) A building consent authority must decide whether to issue a code compliance certificate for building work to which a building consent relates within—
(a) 20 working days after the date specified in subsection (2); or
(b) any further period after the date specified in subsection (2) that may be agreed between the owner and the building consent authority concerned.
(2) The date referred to in subsection (1)(a) and (b) is—
(a) the date on which an application for a code compliance certificate is made under section 92; or
(b) if no application is made, the expiry of—
(i) 2 years after the date on which the building consent for the building work was granted; or
(ii) any further period that may be agreed between the owner and the building consent authority concerned.
(3) Subsection (1) applies whether or not an application for a code compliance certificate is made under section 92.
(4) A building consent authority may, within the period specified in subsection (1), require further reasonable information in respect of the application for a code compliance certificate, and, if it does so, the period is suspended until it receives the information.
(1) A building consent authority must issue a code compliance certificate if it is satisfied, on reasonable grounds,—
(a) that the building work complies with the building consent; and
(b) that,—
(i) in a case where a compliance schedule is required as a result of the building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent; or
(ii) in a case where an amendment to an existing compliance schedule is required as a result of the building work, the specified systems that are being altered in, or added to, the building in the course of the building work are capable of performing to the performance standards set out in the building consent.
(2) In deciding whether to issue a code compliance certificate, a building consent authority must have regard to whether a building method or product to which a current warning or ban under section 26(2) relates has, or may have, been used or applied in the building work to which the certificate would relate.
(3) If the owner fails to provide to a building consent authority an energy work certificate in relation to energy work in respect of which a building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a code compliance certificate in respect of the energy work.
(4) If a development contribution has been required to be paid or made under section 198 of the Local Government Act 2002, a building consent authority that is other than the territorial authority that made the requirement must refuse to issue a code compliance certificate in respect of the relevant building work until the building consent authority has received—
(a) evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or
(b) a copy of a written agreement between the owner and the territorial authority that the code compliance certificate may be issued.
(5) Subsection (1) is subject to subsection (4).
Compare: 1991 No 150 s 43(3), (3A)
A code compliance certificate must be issued—
(a) by a building consent authority; and
(b) in the prescribed form; and
(c) on payment of any charge fixed by the building consent authority.
Compare: 1991 No 150 s 43(3)
If a building consent authority refuses to issue a code compliance certificate, the building consent authority must give the applicant written notice of—
(a) the refusal; and
(b) the reasons for the refusal.
Section 95A: inserted, on 15 March 2008, by section 20 of the Building Amendment Act 2008 (2008 No 4).
(1) A territorial authority may, on application, issue a certificate of acceptance for building work already done—
(a) if—
(i) the work was done by the owner or any predecessor in title of the owner; and
(ii) a building consent was required for the work but not obtained; or
(b) if section 42 (which relates to building work that had to be carried out urgently) applies; or
(c) if subsections (3) and (4) of section 91 (which apply if a building consent authority that is not a territorial authority or a regional authority is unable or refuses to issue a code compliance certificate in relation to building work for which it granted a building consent) apply; or
(d) if—
(i) the work affects premises to which section 362A applies; and
(ii) a building consent for the work was obtained before 31 March 2005; and
(iii) the territorial authority is unable or refuses to issue a code compliance certificate for the work; and
(iv) the application for the certificate of acceptance was made before 31 March 2010.
(2) A territorial authority may issue a certificate of acceptance only if it is satisfied, to the best of its knowledge and belief and on reasonable grounds, that, insofar as it could ascertain, the building work complies with the building code.
(3) This section—
(a) does not limit section 40 (which provides that a person must not carry out any building work except in accordance with a building consent); and
(b) accordingly, does not relieve a person from the requirement to obtain a building consent for building work.
Section 96(1): substituted, on 14 April 2005, by section 10 of the Building Amendment Act 2005 (2005 No 31).
An application for a certificate of acceptance must—
(a) be in the prescribed form; and
(b) if available, be accompanied by plans and specifications that are—
(i) required by regulations made under section 402; or
(ii) if the regulations do not so require, required by the territorial authority; and
(c) contain or be accompanied by any other information that the territorial authority reasonably requires; and
(d) be accompanied by the charge fixed by the territorial authority; and
(e) in the case of an application under section 96(1)(a), be accompanied by any fees, charges, or levies that would have been payable had the owner, or the owner's predecessor in title, applied for a building consent before carrying out the building work; and
(f) if a project information memorandum for the building work has been issued under section 34, be accompanied by the project information memorandum; and
(g) if a compliance schedule is required as a result of the building work, have attached to it a list of all specified systems for the building; or
(h) if an amendment to an existing compliance schedule is required as a result of the building work, have attached to it a list of all specified systems that are being—
(i) altered in the course of the building work:
(ii) added to the building in the course of the building work:
(iii) removed from the building in the course of the building work.
(1) A territorial authority must, within 20 working days after receiving an application for a certificate of acceptance,—
(a) grant the application; or
(b) refuse the application.
(2) A territorial authority may, within the period specified in subsection (1), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives the information.
(1) A certificate of acceptance must—
(a) be issued in the prescribed form; and
(b) have attached to it,—
(i) if a compliance schedule is required as a result of the building work, the compliance schedule for the building; or
(ii) if an amendment to an existing compliance schedule is required as a result of the building work, the amended compliance schedule for the building.
(2) A certificate of acceptance may, if a territorial authority inspected the building work, be qualified to the effect that only parts of the building work were able to be inspected.
(3) A territorial authority's liability for the issue of a certificate of acceptance is limited to the same extent that the territorial authority was able to inspect the building work in question.
If a territorial authority refuses to grant an application for a certificate of acceptance, the territorial authority must give the applicant written notice of—
(a) the refusal; and
(b) the reasons for the refusal.
Section 99A: inserted, on 15 March 2008, by section 21 of the Building Amendment Act 2008 (2008 No 4).
(1) A building not used wholly as a single household unit—
(a) requires a compliance schedule if—
(i) it has a specified system; or
(ii) it has a cable car attached to it or servicing it; and
(b) requires the schedule for all specified systems it has and any cable car it has attached to it or servicing it.
(2) A building used wholly as a single household unit—
(a) requires a compliance schedule only if it has a cable car attached to it or servicing it; and
(b) requires the schedule only for the cable car.
(3) Before 31 March 2008,—
(a) a building not used wholly as a single household unit—
(i) requires a compliance schedule only if it has a specified system other than a cable car; and
(ii) does not require a compliance schedule for any cable car attached to it or servicing it; and
(b) a building used wholly as a single household unit does not require a compliance schedule.
Section 100: substituted, on 14 April 2005, by section 11 of the Building Amendment Act 2005 (2005 No 31).
(1) An owner of a building for which a compliance schedule is required under section 100 must obtain the compliance schedule.
(2) A person commits an offence if the person fails to comply with subsection (1).
(3) A person who commits an offence under this section is liable to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence has continued.
(1) A building consent authority must issue a compliance schedule with a code compliance certificate if the compliance schedule, or an amended compliance schedule, is required as a result of building work.
(2) A building consent authority may charge a fee for the issue of a compliance schedule.
Compare: 1991 No 150 s 43(3)
(1) A compliance schedule must state—
(a) the specified systems that are covered by the compliance schedule; and
(b) the performance standards for the specified systems; and
(c) the inspection, maintenance, and reporting procedures to be followed by licensed building practitioners or other persons in respect of the specified systems to ensure that those systems are capable of, and are, performing to the performance standards; and
(d) if applicable, the specified systems that relate to—
(i) means of escape from fire; and
(ii) safety barriers; and
(iii) means of access, and facilities for use, by persons with disabilities that meet the requirements of section 118; and
(iv) handheld hose reels for fire-fighting; and
(v) any signs that are required by the building code or by section 120.
(2) For the purposes of subsection (1)(c), the inspection, maintenance, and reporting procedures of the compliance schedule may be identified—
(a) by description in the compliance schedule; or
(b) by reference to—
(i) a prescribed acceptable solution or prescribed verification method in a regulation referred to in section 20; or
(ii) a compliance document; or
(iii) a building method or product.
Compare: 1991 No 150 s 44(2), (3), (5)
Section 103(1)(c): amended, on 15 March 2008, by section 22 of the Building Amendment Act 2008 (2008 No 4).
If a building consent authority issues a compliance schedule under section 102, the building consent authority must, within 5 working days after issuing the compliance schedule, provide a copy of it to the territorial authority in whose district the building is situated.
A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days after receiving the compliance schedule, provide the owner of the building for which the compliance schedule was issued with the statement in relation to the compliance schedule described in section 105(e).
Section 104A: inserted, on 15 March 2008, by section 23 of the Building Amendment Act 2008 (2008 No 4).
An owner of a building for which a compliance schedule has been issued must ensure—
(a) that each of the specified systems stated in the compliance schedule is performing, and will continue to perform, to the performance standards for that system; and
(b) that the owner provides to the territorial authority an annual building warrant of fitness in accordance with section 108; and
(c) that the compliance schedule is kept—
(i) in the building; or
(ii) in another building in the district of the territorial authority; or
(iii) in some other place agreed on by the owner and the territorial authority; and
(d) that the compliance schedule is available for inspection by any person or organisation who or that has a right to inspect the building under any Act; and
(e) that, for the first 12 months of the period of the compliance schedule, there is displayed publicly in a place in the building so that users of the building can have access to it a statement by the territorial authority in the prescribed form stating—
(i) the specified systems covered by the compliance schedule; and
(ii) the place where the compliance schedule is held.
Compare: 1991 No 150 s 44(4)
(1) An owner of a building that has 1 or more specified systems may, at any time and entirely at the owner's discretion, apply to the territorial authority of the district in which the building is situated for an amendment to a compliance schedule for the building.
(2) However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if the owner considers that the amendment is required to ensure that the specified systems are performing, and will continue to perform, to the performance standards for those systems.
(3) The owner must—
(a) apply for the amendment in the prescribed form; and
(b) provide any information that the territorial authority reasonably requires in relation to the application; and
(c) pay any charge fixed by the territorial authority in relation to the application.
(4) The territorial authority must, as soon as practicable after receiving the application, decide whether to amend the compliance schedule.
(5) If the territorial authority decides to amend the compliance schedule, the territorial authority must—
(a) give written notice of the amendment to the owner; and
(b) attach a copy of the amended compliance schedule to the notice.
(6) If the territorial authority refuses to amend the compliance schedule, the territorial authority must give written notice of, and the reasons for, the refusal to the owner.
(1) This section applies if a territorial authority considers that an amendment to a compliance schedule is required to ensure that a specified system stated in the compliance schedule is performing, and will continue to perform, to the performance standards for that system.
(2) If this section applies, the territorial authority may amend the compliance schedule—
(a) on its own initiative; and
(b) without an application for an amendment to the compliance schedule being made under section 106.
(3) However, before making an amendment to a compliance schedule under this section, the territorial authority must—
(a) advise the owner of its intention to do so; and
(b) give the owner a reasonable opportunity to make submissions on the matter; and
(c) consider those submissions.
(4) If the territorial authority amends a compliance schedule under this section, the territorial authority must—
(a) give written notice of the amendment to the owner; and
(b) attach a copy of the amended compliance schedule to the notice.
(5) The territorial authority may charge a fee for the issue of an amended compliance schedule under this section.
(1) An owner of a building for which a compliance schedule has been issued must supply to the territorial authority a building warrant of fitness in accordance with subsection (3).
(2) The purpose of a building warrant of fitness is to ensure that the specified systems stated in the compliance schedule are performing, and will continue to perform, to the performance standards for those systems that are set out in the relevant building consent.
(3) The building warrant of fitness must—
(a) be supplied on each anniversary of the issue of the compliance schedule; and
(b) state that the inspection, maintenance, and reporting procedures of the compliance schedule have been fully complied with during the previous 12 months; and
(c) have attached to it all certificates, in the prescribed form, issued by a licensed building practitioner that, when those certificates are considered together, certify that the inspection, maintenance, and reporting procedures stated in the compliance schedule have been fully complied with during the previous 12 months; and
(d) have attached to it any recommendation made by a licensed building practitioner that the compliance schedule should be amended to ensure that the specified systems stated in the compliance schedule are performing, and will continue to perform, to the performance standards for those systems; and
(e) be in the prescribed form; and
(f) contain the prescribed information.
(4) The owner must publicly display a copy of the building warrant of fitness in a place in the building to which users of the building have ready access.
(5) A person commits an offence if the person—
(aa) fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or
(a) fails to display a building warrant of fitness that is required to be displayed under this section; or
(b) displays a false or misleading building warrant of fitness; or
(c) displays a building warrant of fitness otherwise than in accordance with this section.
(6) A person who commits an offence under this section is liable to a fine not exceeding $20,000.
(7) In subsection (3)(d), a reference to a licensed building practitioner is a reference to the licensed building practitioner or licensed building practitioners who carried out the inspection, maintenance, and reporting procedures stated in a compliance schedule during the previous 12 months.
Compare: 1991 No 150 s 45(1), (2)
Section 108(5)(aa): inserted, on 15 March 2008, by section 24 of the Building Amendment Act 2008 (2008 No 4).
A territorial authority must, in relation to a recommendation made by a licensed building practitioner under section 108(3)(d) for a compliance schedule to be amended,—
(a) give the owner of the building concerned a reasonable opportunity to make written submissions on the recommendation; and
(b) consider those submissions (if any); and
(c) decide whether to—
(i) accept the recommendation; or
(ii) refuse to accept the recommendation; and
(d) if it decides to accept the recommendation, amend the compliance schedule and give written notice to the owner accordingly.
An owner of a building for which a compliance schedule has been issued must—
(a) obtain annual written reports relating to the inspection, maintenance, and reporting procedures of the compliance schedule signed by each licensed building practitioner or other person who carried out 1 or more of those procedures; and
(b) keep those reports, together with the compliance schedule, for a period of 2 years; and
(c) produce those reports for inspection, when required, by—
(i) the territorial authority; and
(ii) any person or organisation who or that has the right to inspect the building under any Act; and
(d) show the location of those reports and the compliance schedule on the building warrant of fitness displayed in accordance with section 108(4).
Compare: 1991 No 150 s 45(3)
Section 110(a): amended, on 15 March 2008, by section 25 of the Building Amendment Act 2008 (2008 No 4).
(1) An agent of a territorial authority authorised for the purposes of this section is entitled, at all times during normal working hours, to inspect—
(a) a building for which a compliance schedule has been issued; and
(b) the specified systems in the building.
(2) The territorial authority may charge a fee for an inspection under this section.
(3) In this section, inspection means the taking of all reasonable steps to ensure that—
(a) an annual building warrant of fitness supplied under section 108 is correct; and
(b) every report under section 110 is correct.
(1) A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the building consent authority is satisfied that, after the alteration, the building will—
(a) comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—
(i) means of escape from fire; and
(ii) access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and
(b) continue to comply with the other provisions of the building code to at least the same extent as before the alteration.
(2) Despite subsection (1), a territorial authority may, by written notice to the owner of a building, allow the alteration of an existing building, or part of an existing building, without the building complying with provisions of the building code specified by the territorial authority if the territorial authority is satisfied that,—
(a) if the building were required to comply with the relevant provisions of the building code, the alteration would not take place; and
(b) the alteration will result in improvements to attributes of the building that relate to—
(i) means of escape from fire; or
(ii) access and facilities for persons with disabilities; and
(c) the improvements referred to in paragraph (b) outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code.
Compare: 1991 No 150 s 38
Section 112(1)(a): amended, on 14 April 2005, by section 12 of the Building Amendment Act 2005 (2005 No 31).
(1) This section applies if a proposed building, or an existing building proposed to be altered, is intended to have a life of less than 50 years.
(2) A territorial authority may grant a building consent only if the consent is subject to—
(a) the condition that the building must be altered, removed, or demolished on or before the end of the specified intended life; and
(b) any other conditions that the territorial authority considers necessary.
(3) In subsection (2), specified intended life, in relation to a building, means the period of time, as stated in an application for a building consent or in the consent itself, for which the building is proposed to be used for its intended use.
Compare: 1991 No 150 s 39
Section 113(1): amended, on 15 March 2008, by section 26 of the Building Amendment Act 2008 (2008 No 4).
(1) In this section and section 115, change the use, in relation to a building, means to change the use of the building in a manner described in the regulations.
(2) An owner of a building must give written notice to the territorial authority if the owner proposes—
(a) to change the use of a building; or
(b) to extend the life of a building that has a specified intended life; or
(c) to subdivide land in a manner that affects a building.
(3) A person commits an offence if the person fails to comply with subsection (2).
(4) A person who commits an offence under this section is liable to a fine not exceeding $5,000.
Compare: 1991 No 150 s 46(1)
An owner of a building must not change the use of the building,—
(a) in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and
(b) in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will—
(i) comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters:
(A) means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance: