Building Amendment Act 2013

1: Title
This Act is the Building Amendment Act 2013.
2: Commencement
1: Except for sections 4(4) 5(3) 20 48 56 to 60 66 67(3)
2: Sections 4(4) 5(3) 20 48 56 to 60 66 67(3) Section 2(2) brought into force 1 January 2015 Building Amendment Act 2013 Commencement Order 2014
3: Principal Act amended
This Act amends the Building Act 2004 2013-11-28 Building Act 2004 except those listed in s 2(2) OIC LI 2014/360 2015-01-01 Building Act 2004 those listed in s 2(2) above
1: Amendments to principal Act
4: Interpretation
1: Section 7 acceptable solution acceptable solution section 22(1) .
2: The definition of appurtenant structure section 7 proper functioning of the dam safe functioning of the dam as a structure for retaining water or other fluid
3: Section 7
a: the definition of compliance document
b: the definition of enforcement officer
4: Section 7 residential property developer
5: Section 7 verification method verification method section 22(1) .
6: Section 7 classifiable dam crest high potential impact dam section 134B low potential impact dam section 134B medium potential impact dam section 134B outbuilding referable dam .
7: Section 7 large dam large dam .
5: Role of chief executive
1: Section 11(m)
ii: in cases where 1 or more territorial authorities are unwilling or unable to take enforcement action; or
iii: to enforce duties or obligations under Part 4A .
2: Section 11
pa: issues infringement notices under section 372 and under section 371B .
3: Section 11
pb: may provide dispute resolution services under section 175A .
6: Outline of responsibilities under this Act
1: Section 14A 14F 14G
2: Section 14A(c)
7: New section 14G inserted
The following section is inserted after section 14F
14G: Responsibilities of product manufacturer or supplier
1: In subsection (2) product manufacturer or supplier
2: A product manufacturer or supplier is responsible for ensuring that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code.
8: How compliance with building code is established
Section 19(1)
b: compliance with an acceptable solution:
ba: compliance with a verification method: .
9: What happens if regulations specifying that there is only 1 means of complying with building code are made or not made
Section 21(2) a compliance document an acceptable solution or a verification method
10: New heading above section 22 substituted
The heading above section 22 Acceptable solution or verification method .
11: New sections 22 to 25A substituted
Sections 22 to 25A
22: Acceptable solution or verification method for use in establishing compliance with building code
1: The chief executive may, by notice in the Gazette
2: A person who complies with an acceptable solution or a verification method must, for the purposes of this Act, be treated as having complied with the provisions of the building code to which that acceptable solution or verification method relates.
3: Subsection (2)
23: Effect of acceptable solution or verification method
A person may comply with an acceptable solution or a verification method in order to comply with the provisions of the building code to which that acceptable solution or verification method relates, but doing so is not the only means of complying with those provisions.
24: Chief executive may amend or revoke acceptable solution or verification method
1: The chief executive may, by notice in the Gazette
2: An amendment or a revocation under subsection (1)
25: Content of acceptable solution or verification method
1: An acceptable solution or a verification method must state—
a: the date on which it comes into force; and
b: whether the acceptable solution or verification method, or parts of it, applies to building work for which a building consent has been issued before the date on which the acceptable solution or verification method comes into force.
2: An acceptable solution or a verification method 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.
3: Material may be incorporated by reference in an acceptable solution or a verification method in accordance with sections 405 to 413.
25A: Acceptable solutions and verification methods to be available on Ministry's Internet site
The chief executive must ensure that—
a: promptly after a new acceptable solution or verification method is issued, a digital copy is publicly available on the Ministry's Internet site:
b: even after an acceptable solution or a verification method has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the Ministry's Internet site:
c: promptly after an acceptable solution or a verification method is amended, there are publicly available on the Ministry's Internet site—
i: a digital copy of the amendment; and
ii: a digital copy of the acceptable solution or verification method in its up-to-date form.
12: New heading above section 29 substituted
The heading above section 29 is repealed and the following heading substituted: Procedural requirements for acceptable solutions, verification methods, warnings, and bans .
13: Procedural requirements for compliance documents, warnings, and bans
1: The heading to section 29 compliance documents acceptable solutions, verification methods
2: Section 29(1)(a) a compliance document an acceptable solution or a verification method
3: Section 29(1)(b) a compliance document an acceptable solution or a verification method
4: Section 29(2)(a) document acceptable solution, verification method
5: Section 29(4) document acceptable solution, verification method
6: Section 29(5)(a) document acceptable solution, verification method,
7: Section 29(5)(b) to (d) document acceptable solution, verification method
14: Procedural requirements for urgent compliance documents, warnings, and bans
1: The heading to section 30 compliance documents acceptable solutions, verification methods
2: Section 30(1) and (2) document acceptable solution, verification method
15: Applications for national multiple-use approval relating to design work that is restricted building work
Section 30C
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 restricted building work.
16: Buildings not to be constructed, altered, demolished, or removed without consent
Section 40(3) $100,000 $200,000
17: When building consent is not required
1: Section 41(1)
b: any building work described in Schedule 1 see section 42A .
2: Section 41
2: The Governor-General may, by Order in Council, amend Schedule 1
a: adding any building work or class of building work to Schedule 1
b: extending or clarifying the scope of any building work or class of building work listed in Schedule 1
c: restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1
18: New section 42A inserted
The following section is inserted after section 42
42A: Building work for which building consent is not required under Schedule 1
1: Despite section 40, subject to the conditions set out in subsection (2)
a: building work described in Part 1 of Schedule 1
b: building work described in Part 2 of Schedule 1 see subsection (3)
c: building work described in Part 3 of Schedule 1
2: Subsection (1)
a: the building work complies with the building code to the extent required by this Act:
b: after the building work is completed, the building,—
i: if it complied with the building code immediately before the building work began, continues to comply with the building code; or
ii: if it did not comply with the building code immediately before the building work began, continues to comply at least to the same extent as it did then comply:
c: the building work does not breach any other enactment:
d: the building to which the building work relates is not a building that is required to be licensed under the Hazardous Substances and New Organisms Act 1996.
3: In subsection (1)(b) authorised person
19: How to apply for building consent
1: Section 45(2) 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 restricted building work
2: Section 45(3) memorandum certificate of work
3: Section 45
3A: A certificate of work provided under subsection (3) does not, of itself,—
a: create any liability in relation to any matter to which the certificate of work relates; or
b: give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the certificate of work.
20: Licensed building practitioner to provide record of work in respect of restricted building work
Section 88(5) 397(c) 362I(1)(c)
21: Application for code compliance certificate
1: Section 92
2A: If applicable, the owner must include with the application any records of work provided by licensed building practitioners under section 88(1)
2: Section 92
22: Content of compliance schedule
Section 103(2)(b)(ii) a compliance document an acceptable solution or a verification method issued under section 22
23: Alterations to existing buildings
Section 112
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,—
a: the building will 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
b: the building will,—
i: if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or
ii: if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply.
24: Code compliance requirements: change of use
Section 115
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,—
i: will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following:
A: means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
B: access and facilities for people with disabilities (if this is a requirement under section 118
ii: will,—
A: if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or
B: if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.
25: Code compliance requirements: subdivision
1: Section 116A(a) 1 or more of
2: Section 116A
b: will,—
i: if it complied with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply with those provisions; or
ii: if it did not comply with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply at least to the same extent as it did then comply.
26: Compliance document for requirements of persons with disabilities
1: The heading to section 119 Compliance document Acceptable solution
2: Section 119(2) a compliance document an acceptable solution
27: Heading above section 121 amended
The heading above section 121 affected, dangerous,
28: New section 121A inserted
The following section is inserted after section 121
121A: Meaning of affected building
A building is an affected building for the purposes of this Act if it is adjacent to, adjoining, or nearby—
a: a dangerous building as defined in section 121
b: a dangerous dam within the meaning of section 153
29: Heading above section 124 amended
The heading above section 124 is amended by inserting affected, dangerous,
30: New section 124 substituted
Section 124
124: Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority
1: This section applies if a territorial authority is satisfied that a building in its district is a dangerous, affected, earthquake-prone, or insanitary building.
2: In a case to which this section applies, the territorial authority may do any or all of the following:
a: put up a hoarding or fence to prevent people from approaching the building nearer than is safe:
b: attach in a prominent place on, or adjacent to, the building a notice that warns people not to approach the building:
c: except in the case of an affected building, issue a notice that complies with section 125(1)
i: reduce or remove the danger; or
ii: prevent the building from remaining insanitary:
d: issue a notice that complies with section 125(1A)
3: This section does not limit the powers of a territorial authority.
31: Requirements for notice given under section 124
Section 125(1)
125: Requirements for notice requiring building work or restricting entry
1: A notice issued under section 124(2)(c)
a: be in writing; and
b: be fixed to the building in question; and
c: be given in the form of a copy to the persons listed in subsection (2); and
d: state the time within which the building work must be carried out, which must not be less than a period of 10 days after the notice is given or a period reasonably sufficient to obtain a building consent if one is required, whichever period is longer; and
e: state whether the owner of the building must obtain a building consent in order to carry out the work required by the notice.
1A: A notice issued under section 124(2)(d)
a: must be in writing; and
b: must be fixed to the building in question; and
c: must be given in the form of a copy to the persons listed in subsection (2); and
d: may be issued for a maximum period of 30 days; and
e: may be reissued once only for a further maximum period of 30 days.
32: Territorial authority may carry out work
Section 126(1) a notice given by the territorial authority under section 124(1)(c) a notice issued by the territorial authority under section 124(2)(c)
33: Building work includes demolition of building
Section 127 124(1)(c) 124(2)(c)
34: New section 128 substituted
Section 128
128: Prohibition on using dangerous, affected, earthquake-prone, or insanitary building
1: This section applies if a territorial authority has done any of the following:
a: put up a hoarding or fence in relation to a building under section 124(2)(a)
b: attached a notice warning people not to approach a building under section 124(2)(b)
c: issued a notice restricting entry to a building under section 124(2)(d)
2: In any case to which this section applies, and except as permitted by section 124(2)(d)
a: use or occupy the building; or
b: permit another person to use or occupy the building.
35: New section 128A inserted
The following section is inserted after section 128
128A: Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings
1: A person who fails to comply with a notice issued under section 124(2)(c)
a: commits an offence; and
b: is liable to a fine not exceeding $200,000.
2: A person who fails to comply with section 128(2)
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.
36: New section 132A inserted
The following section is inserted after section 132
132A: Policy must take into account affected buildings
1: A policy under section 131 must take into account affected buildings.
2: A territorial authority must amend an existing policy to take into account affected buildings at the latest within a reasonable period following the next review of its policy required under section 132(4).
3: In subsection (2), existing policy
37: Dams to which subpart 7 provisions apply
1: Section 133A
1: Sections 133B
2: Section 133A
2: The other provisions in this subpart apply only to classifiable and referable dams.
38: New sections 133B and 133C and heading inserted
The following sections and heading are inserted after section 133A
133B: Measurement of dams
For the purposes of this Act and any regulations made under it, the height of a dam is the vertical distance from the crest of the dam and must be measured,—
a: in the case of a dam across a stream, from the natural bed of the stream at the lowest downstream outside limit of the dam; and
b: in the case of a dam not across a stream, from the lowest elevation at the outside limit of the dam; and
c: in the case of a canal, from the invert of the canal. Notification of classifiable or referable dam
133C: Obligation to notify regional authority of classifiable or referable dam and change of ownership
1: The owner of a classifiable or referable dam must notify the regional authority in whose region the dam is situated of the size and location of the dam.
2: The owner must notify the regional authority,—
a: in the case of a dam commissioned before the commencement of the regulations referred to in section 135(2)(a)
b: in the case of a dam commissioned after the commencement of the regulations referred to in section 135(2)(a)
3: If the ownership of a classifiable or referable dam that must be notified under subsection (1)
39: New sections 134 to 134C substituted
Section 134
134: When owner must classify dam
The owner of a dam must classify the dam in accordance with section 134B
a: the dam is a classifiable dam; or
b: the dam is a referable dam and the regional authority in whose region the dam is situated has required the owner to classify it.
134A: Regional authority may require owner to classify referable dam
1: A regional authority may by written notice require the owner of a referable dam to classify it in accordance with section 134B
2: In subsection (1) designated area
134B: Method of classification
1: The owner of a dam to whom section 134
2: In classifying a dam, the owner must—
a: apply the prescribed criteria and standards for dam safety; and
b: give the dam 1 of the following classifications:
i: low potential impact; or
ii: medium potential impact; or
iii: high potential impact; and
c: submit the classification of the dam to a recognised engineer for audit.
3: For the purposes of this section, the prescribed criteria and standards for dam safety may incorporate, in accordance with sections 405 to 413
134BA: Classification of dams that are canals
A dam that is a canal that must be classified under section 134B sections 134 to 139
134C: Offence of failing to classify dam
A person to whom section 134 section 134B
40: New section 135A inserted
The following section is inserted after section 135
135A: Certifying engineer must notify regional authority and owner if dam dangerous
1: An engineer engaged to provide a certificate for the purposes of section 135(1)(b), 142(1)(b), or 150(2)(f)
2: The notice must be—
a: in writing; and
b: given within 5 working days after the engineer forms the belief in question.
3: Nothing in subsection (1) subsection (1)
41: Requirement for dam safety assurance programme
Section 140(1) section 134 section 134B
42: Owner must provide dam safety assurance programme to regional authority
Section 142(1)
ia: states that the dam safety assurance programme contains a full list of the dam's appurtenant structures as determined by the engineer; and .
43: Review of dam safety assurance programme
Section 146(1)(b)(ii) 5 7
44: New sections 148A and 148B inserted
The following sections are inserted after section 148
148A: Dam safety assurance programme for dams that are canals
1: This section applies to a dam that is a canal and has different classifications for different sections of the canal in accordance with section 134B
2: If the whole canal is owned by a single owner, then for the purposes of sections 140 to 145, 147, 148, 150, and 150A
3: If the whole canal is not owned by a single owner, then for the purposes of sections 140 to 145, 147, 148, 150, and 150A
4: For the purposes of section 146
148B: Dam safety assurance programme for 2 or more dams forming single reservoir
1: This section applies if 2 or more dams owned by the same owner form a single reservoir.
2: For the purposes of sections 140 to 145, 147, 148, 150, and 150A a single dam safety assurance programme suffices for all the dams.
3: For the purposes of section 146
45: Who is recognised engineer
Section 149(2)
b: entitlement to a fee for undertaking an audit; or
c: employment or engagement as an engineer by the owner of the dam concerned.
46: Owner of dam must supply annual dam compliance certificate
1: Section 150(2)
b: state that, except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been fully complied with during the previous 12 months; and .
2: Section 150(2)(f)(i)
B: except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been complied with during the previous 12 months; and .
47: New section 153B inserted
The following section is inserted after section 153A
153B: Owner must notify regional authority of dangerous dam
The owner of a dam who has reasonable grounds for believing that the dam is, or has become, dangerous must immediately notify the regional authority in whose region the dam is situated.
48: New section 175A inserted
The following section is inserted after section 175
175A: Chief executive may provide dispute resolution services
The chief executive may, at his or her discretion, provide services to assist in the resolution of any dispute arising under a residential building contract (as defined in section 362B(1)
49: Complaints about building consent authorities
Section 200
2A: The chief executive, in considering whether to accept or decline a complaint under subsection (2)(b), is not required to seek any information or submission from the building consent authority, and the building consent authority is not entitled to proffer any information or submission at that stage.
50: Procedure if chief executive proceeds to investigate complaint or matter
Section 202
3: For the avoidance of doubt, a building consent authority's failure to make written submissions after being given a reasonable opportunity to do so does not limit the chief executive in investigating the complaint or determining it.
51: Disciplinary powers of chief executive
Section 203(2)
ba: if paragraph (b) applies, require the building consent authority to monitor and report to the chief executive on the progress of the remedial action: .
52: Special powers of chief executive for monitoring performance of functions under this Act
1: Section 204(1)
aa: decide whether to accept or decline a complaint received under section 200(1)
ab: investigate a complaint under section 200 section 201 .
2: Section 204(2)
b: may require any territorial authority, building consent authority, or regional authority to do any of the following within a reasonable time specified by the chief executive in writing:
i: supply any relevant information:
ii: answer any question that relates to the performance of functions under this Act:
iii: answer any question that relates to a complaint received under section 200(1) section 200 section 201
c: may, by written notice, require any person having possession or control of any relevant information to supply to the chief executive, in a manner and within a reasonable time specified in the notice, all or any of the information:
d: may enter and re-enter any land or building, with any appliances, machinery, and equipment that are reasonably necessary, to—
i: carry out any surveys, inspections, investigations, reviews, tests, and measurements that are reasonably necessary for the purposes of this section; and
ii: generally do any other things that are reasonably necessary to enable the surveys, inspections, investigations, reviews, tests, and measurements to be carried out.
3: Section 204
4: In this section, relevant information
a: means any information of any description that relates to—
i: the performance by a territorial authority, building consent authority, or regional authority of its functions under this Act; or
ii: a complaint received under section 200(1)
iii: a complaint investigated under section 200 section 201
b: includes information that is kept in any form, including electronic form.
53: New sections 207A and 207B inserted
The following sections are inserted after section 207
207A: Chief executive may require person to provide information or produce documents
1: If the chief executive considers it necessary or desirable for the purposes of taking enforcement action under this Act, the chief executive may, by written notice served on any person, require that person—
a: to provide to the chief executive, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to produce to the chief executive, or to a person specified in the notice who is acting on behalf of the chief executive in accordance with the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any documents or classes of documents specified in the notice (within the time and in the manner specified in the notice).
2: Information provided in response to a notice under subsection (1)(a)
3: If a document is produced in response to a notice under subsection (1)
a: inspect and make records of that document; and
b: take copies of the document or of extracts from the document.
207B: Offence of failing to comply with chief executive's notice for provision of information
A person who fails to comply with a notice served on that person under section 207A
54: Access to certain information kept by territorial authority
Section 217(2)
a: is subject to the power of a territorial authority to withhold information under the provisions of the Local Government Official Information and Meetings Act 1987 .
55: Sections 229 to 231 and heading above section 229 repealed
Sections 229 to 231
56: New Part 4A inserted
The following Part is inserted after Part 4
4A: Consumer rights and remedies in relation to residential building work
Preliminary provisions
362A: Outline of this Part
This Part protects consumers (referred to in this Part as clients
a: requiring certain information to be provided before a residential building contract is entered into; and
b: prescribing minimum requirements for residential building contracts over a certain value; and
c: implying warranties into residential building contracts; and
d: providing remedies for breach of the implied warranties; and
e: requiring defective building work under a residential building contract to be remedied if notified within 1 year of completion; and
f: requiring certain information and documentation to be provided on completion of building work under a residential building contract.
362B: Meaning of building work and residential building contract
1: In this Part, unless the context otherwise requires,— building work building work section 7 residential building contract
a: means a contract under which one person (the building contractor client
b: does not include a subcontracting agreement between a building contractor and a building subcontractor.
2: On section 6(8) of the Building Amendment Act 2012 coming into force, and in the following order,—
a: first, the definition of building work subsection (1) building work building work ; and
b: second, this subsection is repealed.
362C: Consumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part
Nothing in this Part limits or derogates from the provisions of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993. Pre-contract information
362D: Building contractor must provide information before residential building contract entered into
1: This section applies to a residential building contract if—
a: the price for the building work is not less than the prescribed minimum price (if any); or
b: the client has requested the prescribed disclosure information (if any) and prescribed checklist (if any).
2: A building contractor must not enter into a residential building contract to which this section applies unless the building contractor has first provided to the client (or each client if there is more than 1)—
a: the prescribed disclosure information (if any); and
b: a prescribed checklist (if any).
3: The disclosure information and the checklist must each be in the form prescribed by regulations (if any).
4: A person who contravenes subsection (2)(a) or (b)
5: A person commits an offence who, in any communication or document required to be made or given under subsection (2)(a)
6: A person who commits an offence under subsection (5)
362E: Purpose of regulations under section 362D
1: The purpose of regulations prescribing disclosure information under section 362D(2)(a)
a: the legal status of the building contractor, for example, whether the building contractor is an individual, a partnership, or a limited liability company:
b: the dispute history of the building contractor:
c: the skills, qualifications, and licensing status of the building practitioners who will be doing the building work:
d: if the building contractor is a limited liability company, the role of each director and the business history of each director.
2: The purpose of regulations prescribing a checklist under section 362D(2)(b)
a: an explanation of the legal obligations of both the client and the building contractor in relation to the building work:
b: an outline of the risks associated with payment in advance of completion of the building work:
c: a summary of dispute resolution options:
d: a list of sources for further advice and information. Minimum requirements for residential building contract
362F: Minimum requirements for residential building contract over certain value
1: This section applies to a residential building contract if the price for the building work is not less than the prescribed minimum price (if any).
2: A residential building contract to which this section applies must—
a: be in writing; and
b: be dated; and
c: comply with regulations (if any) made under section 362G
3: A building contractor must not enter into a residential building contract to which this section applies unless the requirements of subsection (2)
4: A person who contravenes subsection (3)
362G: Regulations may prescribe content, etc of residential building contract
1: Regulations may be made requiring, as a minimum that must be contained in a residential building contract, all or any of the following matters:
a: the content of the contract:
b: categories or types of information:
c: specified information:
d: categories or types of clauses or terms:
e: specified clauses or terms.
2: For the purposes of subsection (1)
a: the parties:
b: dispute resolution:
c: the process for varying the contract:
d: the timeframe for performing the contract:
e: the payment process.
3: The regulations may,—
a: if there is no written contract as required by section 362F(2)(a)
b: if there is a written contract but it does not include a matter specified by the regulations, stipulate that 1 or more prescribed specified clauses (if any) are taken to be included in the contract.
4: Subsection (3) Implied warranties
362H: When provisions relating to implied warranties apply
1: Sections 362I to 362K
a: to any of the following contracts entered into on or after the date on which this section comes into force:
i: a residential building contract, whether written or oral; or
ii: a contract for the sale of 1 or more household units by, or on behalf of, an on-seller; and
b: despite any provision to the contrary in any agreement or contract.
2: For the purposes of sections 362I to 362K
a: is taken to be a contract for the building work already carried out or still to be carried out in building the household unit or units; and
b: is taken to incorporate as the obligations of the on-seller the obligations of the building contractor under a residential building contract.
3: In subsection (1)(a)(ii) on-seller
a: builds the household unit by himself or herself or with the assistance of others:
b: in trade arranges for the household unit to be built or acquires the household unit from a person who built it or arranged for it to be built:
c: acquires the household unit in a transaction that is intended to defeat the purpose and effect of subsection (2)
362I: Implied warranties for building work in relation to household units
1: In every contract to which this section applies, the following warranties about building work to be carried out under the contract are implied and are taken to form part of the contract:
a: that the building work will be carried out—
i: in a proper and competent manner; and
ii: in accordance with the plans and specifications set out in the contract; and
iii: in accordance with the relevant building consent:
b: that all materials to be supplied for use in the building work—
i: will be suitable for the purpose for which they will be used; and
ii: unless otherwise stated in the contract, will be new:
c: that the building work will be carried out in accordance with, and will comply with, all laws and legal requirements, including, without limitation, this Act and the regulations:
d: that the building work will—
i: be carried out with reasonable care and skill; and
ii: be completed by the date (or within the period) specified in the contract or, if no date or period is specified, within a reasonable time:
e: that the household unit, if it is to be occupied on completion of building work, will be suitable for occupation on completion of that building work:
f: if the contract states the particular purpose for which the building work is required, or the result that the owner wishes the building work to achieve, so as to show that the owner relies on the skill and judgement of the other party to the contract, that the building work and any materials used in carrying out the building work will—
i: be reasonably fit for that purpose; or
ii: be of such a nature and quality that they might reasonably be expected to achieve that result.
2: Subsection (1)
362J: Proceedings for breach of warranties may be taken by non-party to contract
1: An owner of the building or land in respect of which building work was carried out under a contract to which this section applies may take proceedings for a breach of any of the warranties set out in section 362I
2: In this section, proceedings
a: adjudication under the Construction Contracts Act 2002
b: a claim under the Weathertight Homes Resolution Services Act 2006
c: arbitration under the Arbitration Act 1996.
362K: Person may not give away benefit of warranties
A provision of an agreement or instrument that purports to restrict or remove the right of a person to take proceedings for a breach of any of the warranties set out in section 362I Remedies for breach of implied warranty
362L: Remedies for breach of implied warranty
1: A person who has the benefit of an implied warranty set out in section 362I sections 362M to 362P
2: In sections 362M to 362P
a: is called the client
b: except for the purposes of section 362M(3)(b) or 362N(2)(b)
3: In sections 362M to 362P building contractor
4: Nothing in this section limits or derogates from any remedy for defective building work expressly provided for in a residential building contract, and nothing in any residential building contract limits or derogates from any of the remedies set out in sections 362M to 362P
362M: Remedies if breach of warranty can be remedied
1: This section applies in any case where the breach of warranty can be remedied.
2: If this section applies, the client may require the building contractor to remedy the breach (including repairing or replacing defective materials supplied by the building contractor or the building contractor's subcontractor).
3: If the building contractor, after being required to remedy the breach, refuses or neglects to do so, or does not succeed in doing so within a reasonable time, the client may—
a: have the breach remedied by someone else and recover from the building contractor all reasonable costs incurred in having the breach remedied; or
b: cancel the contract in accordance with section 362P
4: In addition to the remedies in subsections (2) and (3)
362N: Remedies if breach of warranty cannot be remedied or breach is substantial
1: This section applies in any case where the breach of warranty cannot be remedied or the breach is substantial.
2: If this section applies, the client may—
a: obtain from the building contractor damages in compensation for any reduction in value of the product of the building work below the price paid or payable by the client for that work; or
b: cancel the contract in accordance with section 362P
3: In addition to the remedy in subsection (2)
362O: Meaning of substantial breach
For the purposes of section 362N
a: a reasonable client fully acquainted with the nature and extent of the breach would not have entered into the residential building contract; or
b: in any case to which section 362I(1)(f)
i: is unfit for the particular purpose stated in the residential building contract; or
ii: is of such a nature and quality that it cannot be expected to produce the desired result stated in the residential building contract; or
c: the building work is unsafe.
362P: Rules applying to cancellation
1: The cancellation of a contract under section 362M(3)(b) or 362N(2)(b)
a: before the time at which the cancellation is made known to the building contractor; or
b: where it is not reasonably practicable to communicate with the building contractor, before the time at which the client indicates, by means that are reasonable in the circumstances, the client's intention to cancel the contract.
2: Subject to subsection (3)
3: Where it is reasonably practicable to communicate with the building contractor, subsection (2)
4: Sections 8(3) and (4) and 9 of the Contractual Remedies Act 1979 apply, with all necessary modifications, to the cancellation of a contract under section 362M(3)(b) or 362N(2)(b) Remedy of defect notified within 1 year of completion
362Q: Building contractor or on-seller must remedy defect notified within 1 year of completion
1: This section applies if—
a: building work is carried out in relation to a household unit; and
b: the building work is defective; and
c: the defect is able to be remedied; and
d: the building work is carried out by or on behalf of a building contractor or the household unit is purchased from an on-seller (as defined in section 362H(3)
2: In any case to which this section applies, the client may give notice, within 12 months from completion of the building work, to either the building contractor or the on-seller (if there is one) requiring that person to remedy the defect.
3: In any case to which this section applies, the building contractor or the on-seller, as the case may be, to whom notice has been given in accordance with subsection (2)
4: In any case in which it is asserted against a building contractor or an on-seller that this section applies, the matters referred to in subsection (1)
5: In addition to the remedy in subsection (3)
6: Nothing in this section affects the warranties set out in section 362I
7: This section does not apply to building work carried out—
a: before this section comes into force; or
b: under a contract entered into before this section comes into force.
362R: Definitions for purposes of section 362Q
1: In section 362Q client
a: means any of the following:
i: the person or persons with whom the building contractor contracted to do the building work in question:
ii: the person or persons who purchased the household unit from the on-seller:
iii: the owner of the building or land in respect of which the building work was carried out, whether or not that person was a party to the building contract or contract of sale; but
b: does not include a building contractor in that capacity contracting with another building contractor (for example, a contractor and subcontractor).
2: In section 362Q on-seller section 362H(3).
3: In section 362Q(1)(d)
a: an employee of the building contractor:
b: another contractor:
c: a subcontractor:
d: any other person for whom the building contractor is responsible in law. Exclusion of liability for event not attributable to fault of building contractor or on-seller
362S: Exclusion of liability for event not attributable to fault of building contractor or on-seller
1: A building contractor is not liable under sections 362H to 362R
a: a cause independent of human control:
b: any act or omission, including accidental damage, by a person who is none of the following:
i: the building contractor:
ii: a subcontractor to the building contractor:
iii: a person for whom the building contractor is responsible in law:
c: failure to carry out normal maintenance:
d: failure to carry out, or cause to be carried out, repairs as soon as practicable after the defect becomes apparent.
2: In any proceeding against a building contractor to enforce a warranty or remedy contained in sections 362H to 362Q subsection (1)
3: In this section, building contractor section 362H(3). Information and documentation to be provided on completion of residential building contract
362T: Building contractor must provide prescribed information and documentation on completion of residential building work
1: This section applies where a building contractor has carried out building work under a residential building contract.
2: As soon as practicable after completion of the building work, the building contractor must provide in writing the information and documentation prescribed by regulations made under this Act to the following persons:
a: the client; and
b: the relevant territorial authority.
3: The regulations referred to in subsection (2)
4: A person who contravenes subsection (2)
362U: Purpose of regulations under section 362T(2)
The purpose of regulations prescribing information and documentation under section 362T(2)
a: the identity of the building contractor:
b: any guarantee or insurance obtained by the building contractor in relation to the building work:
c: maintenance requirements for any products incorporated in the building. Offence by commercial on-seller
362V: Offence for commercial on-seller to transfer household unit without code compliance certificate
1: A commercial on-seller commits an offence if the commercial on-seller does either or both of the following things before a code compliance certificate is issued in relation to a household unit:
a: completes a sale of the household unit:
b: allows a purchaser of the household unit to enter into possession of the household unit.
2: Subsection (1)
3: A person who commits an offence under this section is liable on conviction to a fine not exceeding $200,000.
4: Subsection (1)
5: In this section, commercial on-seller
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; or
d: acquires the household unit in a transaction that is intended to defeat the purpose and effect of subsection (1)
6: On section 6(3) of the Building Amendment Act 2012
a: first,—
i: the heading to this section is amended by omitting code compliance certificate consent completion certificate
ii: subsections (1) and (2) code compliance certificate consent completion certificate
b: second, this subsection is repealed.
57: Section 362A renumbered
Section 362A section 362W
58: Protecting safety of members of public using premises open to public or intended for public use
Section 363(1) section 362A section 362W
59: Public use of premises may be allowed before issue of code compliance certificate in some circumstances
Section 363A(1) section 362A section 362W
60: Section 364 repealed
Section 364
61: Interpretation
1: Section 370 enforcement officer section 371A .
2: Section 370 infringement offence infringement offence
a: an offence that is declared, by regulations made under section 402
b: an offence that is stated by a provision of this Act to be an infringement offence.
62: New sections 371A to 371D inserted
The following sections are inserted after section 371
371A: Who may issue infringement notices
1: The following persons may issue infringement notices:
a: any person who has been authorised by the chief executive under section 371B(1)
b: any officer of a territorial authority who has been authorised by the territorial authority under section 371B(2)
2: In this section and in sections 371B and 371D person
371B: Authorisation to issue infringement notice
1: The chief executive may authorise any person to issue infringement notices under section 372
2: A territorial authority may authorise any of its officers to issue infringement notices under section 372
3: The chief executive or territorial authority, as the case may be, must issue the person authorised (the enforcement officer
371C: Conditions of authorisation
1: An enforcement officer authorised under section 371B section 372
a: carry on him or her—
i: the warrant issued under section 371B(3)
ii: evidence of his or her identity; and
b: if required to do so, produce the warrant and evidence referred to in paragraph (a)
2: An enforcement officer who holds a warrant issued under section 371B(3)
371D: Offence to impersonate enforcement officer
1: A person commits an offence if the person impersonates or falsely pretends to be an enforcement officer named in a warrant issued under section 371B(3)
2: A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.
63: New section 374 substituted
Section 374
374: Payment of infringement fees
The infringement fee paid in respect of an infringement offence must be paid,—
a: in the case of an infringement notice issued by a person authorised by a territorial authority, to that territorial authority:
b: in the case of an infringement notice issued by the chief executive or by a person authorised by the chief executive, to the chief executive.
64: Offences punishable on summary conviction
Section 376 Every Except for the offences contained in sections 362D(4), 362F(4), and 362T(4)
65: Building consent authority not liable
Section 392(1)
a: an acceptable solution or a verification method: .
66: Sections 396 to 399 and heading above section 396 repealed
1: Sections 396 to 399
2: However, sections 396 to 399
67: Regulations: general
1: Section 402(1)
wa: defining the meaning of classifiable dam:
wb: defining the meaning of referable dam:
wc: designating or describing an area or proximity to an area or feature for the purposes of section 134A .
2: Section 402(1)
xa: prescribing disclosure information for the purposes of section 362D(2)(a)
xb: prescribing a checklist for the purposes of section 362D(2)(b)
xc: prescribing the minimum price for building work for the purposes of section 362D(1)(a)
xd: prescribing the minimum price for building work for the purposes of section 362F(1)
xe: prescribing the content of, or information or clauses or terms that must be contained in, a residential building contract for the purposes of section 362F(2)(c)
xf: prescribing any or all of the information and documentation for the purposes of section 362T(2) .
3: Section 402(1)(zb) 364(2) 362V(2)
68: Incorporation of material by reference into regulations, certain Orders in Council, and compliance document
1: The heading to section 405 and compliance document acceptable solutions, and verification methods
2: Section 405(4)
b: any acceptable solution or verification method; and .
69: Effect of amendment to, or replacement of, material incorporated by reference
Section 406(c)(ii) a compliance document an acceptable solution or a verification method
70: Requirement to consult
Section 409(1)(b) a compliance document an acceptable solution or a verification method
71: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
Section 412(2) a compliance document an acceptable solution or a verification method
72: Transitional provision for document used in establishing compliance with building code
Section 439(2) a compliance document an acceptable solution or a verification method
73: New Schedule 1 substituted
1: Schedule 1 old Schedule 1 new Schedule 1
2: Building work for which a building consent was not required under old Schedule 1 but for which a building consent is required under new Schedule 1 does not require a building consent if the building work commences before this section comes into force.
2: Miscellaneous provisions
74: Building Amendment Act 2012 amended
1: This section amends the Building Amendment Act 2012 2012 Act
2: New section 42(1) as inserted by section 17 of the 2012 Act is amended by repealing paragraph (b) and substituting the following paragraph:
b: any building work described in Schedule 1 see section 42A .
3: Section 17
42A: Building work for which building consent is not required under Schedule 1
1: Despite section 40 and subject to the conditions set out in subsection (2)
a: building work described in Part 1 of Schedule 1
b: building work described in Part 2 of Schedule 1 see subsection (3)
c: building work described in Part 3 of Schedule 1
2: Subsection (1)
a: the building work complies with the building code to the extent required by this Act:
b: after the building work is completed, the building,—
i: if it complied with the building code immediately before the building work began, continues to comply with the building code; or
ii: if it did not comply with the building code immediately before the building work began, continues to comply at least to the same extent as it did then comply:
c: the building work does not breach any other enactment:
d: the building to which the building work relates is not a building that is required to be licensed under the Hazardous Substances and New Organisms Act 1996.
3: In subsection (1)(b) authorised person
4: New section 48 as inserted by section 17
2: Where an application for a building consent must be accompanied by a certificate of work, the certificate of work does not of itself—
a: create any liability in relation to any matter to which the certificate of work relates; or
b: give rise to any civil liability to the owner of the building in question that would not otherwise exist if the licensed building practitioner were not required to provide the certificate of work.
5: New section 52X(2)(b) as inserted by section 17 completion compliance
6: New section 388(3) as inserted by section 76 150(4), 116B, 2013-11-28 Building Amendment Act 2012
75: Amendments to correct use of new terminology
1: In section 11(a)
2: In section 169(1)(a) compliance documents acceptable solutions and verification methods
3: In section 171(1)(a)(i) acceptable solutions and verification methods
4: In the Building (Product Certification) Regulations 2008 regulation 10(a)(ii)
ii: any relevant acceptable solution or verification method issued under section 22 of the Act: . 2013-11-28 Building (Product Certification) Regulations 2008
76: Fencing of Swimming Pools Act 1987 amended
1: This section amends the Fencing of Swimming Pools Act 1987
2: Section 13B(a) a compliance document an acceptable solution or a verification method 2013-11-28 Fencing of Swimming Pools Act 1987
77: Local Government Official Information and Meetings Act 1987 amended
1: This section amends the Local Government Official Information and Meetings Act 1987
2: Section 44A(2)
da: the information required to be provided to a territorial authority under section 362T(2) . 2013-11-28 Local Government Official Information and Meetings Act 1987
78: Health and Safety in Employment Act 1992 amended
1: This section amends the Health and Safety in Employment Act 1992
2: Section 20(13)(a)(ii) compliance document acceptable solution or verification method 2013-11-28 Health and Safety in Employment Act 1992
79: Building (Infringement Offences, Fees, and Forms) Regulations 2007 amended
1: This section amends the Building (Infringement Offences, Fees, and Forms) Regulations 2007
2: The item relating to section 40 Schedule 1 750 1,000 2013-11-28 Building (Infringement Offences, Fees, and Forms) Regulations 2007
80: Transitional provision for compliance documents
Any compliance document as defined by section 7