Building Amendment Act 2009

1: Title
This Act is the Building Amendment Act 2009.
2: Commencement
1: Sections 7(2) 10 to 14 18 20 to 24 26
2: Sections 5 6 7(1) 8 9 15 to 17 19 25 27 to 29
3: The rest of this Act comes into force on the day after
the date on which it receives the Royal assent. Section 2(2) brought into force 1 February
2010 Building Amendment Act 2009 Commencement Order 2009
1: Preliminary provisions
3: Principal
Act amended
This Act amends the Building Act 2004 2009-08-01 Building Act 2004 2010-01-31 Building Act 2004 OIC SR 2009/407 2010-02-01 Building Act 2004 ss 5, 6, 7(1), 8, 9, 15 to 17, 19, 25, 27 to 29
4: Purpose
The purpose of this Act is to reduce the compliance
requirements under the principal Act and improve the efficiency of
the building consent process by, among other things,—
a: allowing for national multiple-use approvals; and
b: introducing a more efficient process for dealing with
minor variations to building consents.
2: Amendments to principal Act
5: Interpretation
Section 7 minor customisation section 402(1)(kc) minor variation section 402(1)(kd) national multiple-use approval section 30F .
6: Role of
chief executive
Section 11
ba: determines applications for national multiple-use approvals;
and .
7: Outline
of this Part
1: Section 15(1)
ba: the effect of a national multiple-use approval and how
to apply for one: .
2: Section 15(1)
c: when a project information memorandum is required and
how to apply for one: .
8: How compliance
with building code is established
1: Section 19(1)
ca: a current national multiple-use approval issued under section 30F .
2: Section 19(1)(d) any every
9: New heading
and sections 30A to 30H inserted
The following heading and sections are inserted
after section 30 National multiple-use
approvals
30A: National multiple-use approval establishes compliance with building
code
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.
30B: How to apply for national multiple-use approval
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
30C: Applications for national multiple-use approval relating to design
work that is restricted building work
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.
30D: Chief executive must decide whether to accept, for processing, application
for national multiple-use approval
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.
30E: Processing application for national multiple-use approval
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)
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.
30F: Issue of national multiple-use approval
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
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.
30G: Refusal to issue national multiple-use approval
If the chief executive is not satisfied of the matters
in section 30F
a: the refusal; and
b: the reasons for the refusal.
30H: Suspension or revocation of national multiple-use approval
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.
10: Building
consent authority must apply for project information memorandum
Section 31(2)(a) (in which case the territorial authority must issue the
project information memorandum for the building work and provide a
copy of the memorandum to the owner)
11: Content
of project information memorandum
Section 35
1AA: A project information memorandum
must be issued in the prescribed form (if any).
12: New section
36 substituted
Section 36
36: Territorial authority may issue development contribution notice
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.
13: Territorial
authority must attach additional certificate to project information
memorandum
1: Section 37 Territorial authority must issue certificate
if resource consent required
2: Section 37(1)(b) or an application for a building consent memorandum
3: Section 37(2) attach to the project information memorandum issue
4: Section 37
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.
14: New section
39 substituted
Section 39
39: Territorial authority must advise New Zealand Historic Places Trust
in certain circumstances
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.
15: How to
apply for building consent
1: Section 45(1)
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 .
2: Section 45
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
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.
16: New sections
45A and 45B inserted
The following sections are inserted after section 45
45A: Minor variations to building consents
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.
45B: Changes to plans and specifications that have national multiple-use
approval
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)
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.
17: Processing
application for building consent
1: Section 48
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: Section 48(2) (1) (1A)
18: Issue
of building consent
1: Section 51(1)(b)(i) (if any) memorandum
2: Section 51(1)
ba: contain confirmation that the New Zealand Historic Places
Trust has been notified under section
39 .
3: Section 51
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.
19: Waiver
or modification may only be granted by chief executive in certain
cases
Section 69(3) or that is contained in a national multiple-use approval
20: Conditions
on building consents granted under section 72
Section 73(2) the project information memorandum any project information memorandum that has been issued
and
21: Steps
after notification
Section 74(1)(a) the project any project
22: Construction
of building on 2 or more allotments
1: Section 75(1)(a) or for a building consent memorandum
2: Section 75
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
23: Building
consent must not be granted until condition is imposed under section
75
1: Section 77(1) a certificate imposing the condition referred to in section
75(2) the certificate
under section 75(2)
2: Section 77
5: The building consent authority must
note, on the building consent, the condition imposed in the certificate.
24: Registrar-General
of Land must record entry on certificate of title when certificate
is lodged under section 77
Section 78(1) in section 75(2) in that certificate
25: Appeals
to District Court
1: Section 208(1)(b) ; or
iii: refuse to issue a national multiple-use approval.
2: Section 208(2) ; or
d: in the case of an appeal under subsection (1)(b)(iii),
the applicant for the national multiple-use approval.
26: Territorial
authority must act as building consent authority for its district
Section 212
3: A territorial authority must, in performing
its functions as a building consent authority, provide to the New
Zealand Fire Service Commission a copy of every application for a
building consent of a kind specified by notice under section 46.
27: Chief
executive must keep registers
Section 273(1)
aaa: a register of national multiple-use approvals: .
28: Purpose
of registers
Section 274(a)
iaa: in the case of the register of national multiple-use approvals,
the names and contact details of the persons who have been issued
with national multiple-use approvals, together with a description
of each approval and any conditions that have been imposed; and .
29: Building
consent authority not liable
Section 392(1)
ca: a current national multiple-use approval issued under section 30F section 402(1)(kc) .
30: Regulations:
general
Section 402(1)
ka: prescribing eligibility criteria for national multiple-use
approvals:
kb: prescribing the period of time within which the chief
executive must decide, under section 30E(1)
kc: defining the minor customisations that may be made to
plans and specifications in relation to which a national multiple-use
approval has been issued when incorporating those plans and specifications
into a building consent:
kd: defining the minor variations that may be made to a building
consent for the purposes of section 45A .
31: New section
402A inserted
The following section is inserted after section 402
402A: Chief executive must review regulations made under section
402(1)(kb)
The chief executive must, within 2 years after the commencement
of regulations made under section 402(1)(kb)
a: review the prescribed period of time within which the
chief executive must decide whether to issue a national multiple-use
approval; and
b: prepare for the Minister a report on the findings of that
review.


Financial Advisers Amendment Act 2009

1: Title
This Act is the Financial Advisers Amendment Act 2009.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Financial Advisers Act 2008 2009-07-28 Financial Advisers Act 2008
4: Meaning of financial advice clarified
Section 13(1) ; or
g: a disclosure statement for the purposes of the Retirement Villages Act 2003.
5: Individual who is QFE employee or agent
Section 17(1) qualified financial entity (the QFE QFE
6: Employer or principal of financial adviser must be registered
Section 18(1) or engages employs
7: Disclosure by qualifying financial entity
Section 26
1: This section applies—
a: if a financial adviser ( A
i: is not an authorised financial adviser; and
ii: is an employee or agent of a QFE; and
iii: performs a financial adviser service in relation to a category 2 product in the course of the QFE's business; or
b: if a financial adviser ( A
i: is not an authorised financial adviser; and
ii: is an employee of a QFE; and
iii: performs a financial adviser service in relation to a category 1 product of which the QFE is the issuer in the course of the QFE's business.
1A: In this section, the financial adviser service
a: subsection (1)(a)(iii)
b: subsection (1)(b)(iii)
8: New section 75 substituted
Section 75
75: Exemption from liability for employee or agent of QFE
1: This section applies to—
a: a financial adviser who—
i: is not an authorised financial adviser; and
ii: is an employee or agent of a QFE; and
iii: performs a financial adviser service in relation to a category 2 product in the course of the QFE's business; and
b: a financial adviser who—
i: is not an authorised financial adviser; and
ii: is an employee of a QFE; and
iii: performs a financial adviser service in relation to a category 1 product of which the QFE is the issuer in the course of the QFE's business.
2: A financial adviser to whom this section applies is exempt from liability under this Act for contravention of a financial adviser obligation.
9: Commissioner's approval of draft code
Section 88(3) subsection section
10: Investigation by Commission
Section 97(2) it investigate a complaint if
11: Content of disciplinary committee's notice of complaint
Section 100 Commission's disciplinary committee's
12: Offence of performing financial adviser service without being registered
Section 114(1) performs a financial adviser service without being registered , without being registered, performs a financial adviser service that under this Act only a registered financial adviser may perform
13: Right of appeal
Section 138(1)(a)(ii) 67(4): or 67(4); or
14: Territorial scope
Section 157 by a person in New Zealand,
15: New section 161A inserted
The following section is inserted immediately before section 162
161A: Financial Service Providers (Registration and Dispute Resolution) Act 2008 amended
1: This section amends the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
2: Section 7(2)(m) is amended by adding , except to the extent that an individual may be required to be registered in order to perform a financial adviser service under the Financial Advisers Act 2008
16: Securities Markets Act 1988 amended
Section 164(6)