Building Amendment Act 2012

1: Title
This Act is the Building Amendment Act 2012.
2: Commencement
1: The following provisions come into force on the day after the date of Royal assent:
a: sections 1 to 5
b: section 6(4) to (6), and (9) to (11)
c: sections 8 to 10
d: sections 13 14
e: sections 18 to 20
f: sections 23 to 27
g: section 29
h: sections 36(3) 39 to 51
i: sections 53 54
j: section 56
k: section 57(1) and (2)
l: sections 59 61 62(2) 63 to 65
m: sections 67 to 71
n: sections 74 75
o: sections 81 to 83
p: sections 87 88(2)
q: sections 90 to 92 93(5) 94
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
3: Principal Act amended
This Act amends the Building Act 2004 2012-03-13 Building Act 2004 Sections commenced in 2(1) above. OIC Building Act 2004 Sections commenced in 2(2) above. In regard to sections 6(3) coming into force, see action to take place in s 362V(6) of the above Act and in section 6(8) coming into force, see action to take place in s 362B(2) of the above Act.
1: Amendments to principal Act
4: New section 3 substituted
Section 3
3: Purposes
This Act has the following purposes:
a: 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—
i: people who use buildings can do so safely and without endangering their health; and
ii: buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
iii: people who use a building can escape from the building if it is on fire; and
iv: buildings are designed, constructed, and able to be used in ways that promote sustainable development:
b: to promote the accountability of owners, designers, builders, and building consent authorities who have responsibilities for ensuring that building work complies with the building code.
5: Principles to be applied in performing functions or duties, or exercising powers, under this Act
Section 4(2)
q: the need to ensure that owners, designers, builders, and building consent authorities are each accountable for their role in ensuring that—
i: the necessary building consents and other approvals are obtained for proposed building work; and
ii: plans and specifications are sufficient to result in building work that (if built to those plans and specifications) complies with the building code; and
iii: building work for which a building consent is issued complies with that building consent; and
iv: building work for which a building consent is not required complies with the building code.
6: Interpretation
1: Section 7 building consent building consent
2: Section 7 code compliance certificate
3: Section 7 approved quality assurance system sections 52O and 52Q approved risk profile sections 52O and 52P commercial building consent section 52S commercial building work consent completion certificate section 95 low-risk building consent section 52H low-risk building work prescribed aspects quality assurance system risk profile safety system safety system commissioning review section 52X simple residential building consent section 52K simple residential building work standard building consent section 52N
4: Section 7 independently qualified person
a: who is accepted by a territorial authority as being qualified to—
i: carry out or supervise all or some of the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule; and
ii: certify that those procedures have been fully complied with; and
b: whose acceptance under paragraph (a) has not been withdrawn by the territorial authority owner-builder section 90B owner-builder exemption section 90D owner-builder status prescribed
5: Section 7 restricted building work restricted building work
a: building work of a kind declared by the Governor-General by Order in Council to be restricted building work; or
b: design work of a kind declared by the Governor-General by Order in Council to be restricted building work
6: Section 7 territorial authority territorial authority
a: means a city council or district council named in Part 2 of Schedule 2 of the Local Government Act 2002; and,—
i: 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
ii: 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; and
b: includes the Minister of Conservation or the Minister of Local Government, as the case may be, in any case in which the Minister of Conservation or the Minister of Local Government is the territorial authority under section 22 of the Local Government Act 2002
7: Paragraph (d) of the definition of building work section 7 ; and
8: The definition of building work section 7
e: includes design work that is specified in the regulations made under section 401A
9: Paragraph (b)(ii) of the definition of owner section 7 and 97 97, and 176(c)
10: Paragraph (c)(iii) of the definition of plans and specifications section 7 procedures for inspection and routine maintenance inspection, maintenance, and reporting procedures
11: Paragraph (a)(i) of the definition of specified system section 7
i: is contained in, or attached to, a building; and
7: Building: what it means and includes
Section 8(3)
c: a consent completion certificate; and
8: Building: what it does not include
Section 9
ac: security fences, oil interception and containment systems, wind turbines, gantries, and similar machinery and other structures (excluding dams) not intended to be occupied that are part of, or related to, a NUO system; or
9: Role of chief executive
Section 11
ca: has the functions set out in section 168A
10: New subpart 4 of Part 1 added
Part 1
4: Outline of responsibilities under this Act
14A: Outline of responsibilities under this Act
Sections 14B to 14F
a: are not a definitive and exhaustive statement of the responsibilities of the parties but are an outline only:
b: are for guidance only, and in the event of any conflict between any of those sections and any other provision of this Act, the latter prevails:
c: do not reflect the responsibilities of the parties under any other law or enactment or any contract that may be entered into between them.
14B: Responsibilities of owner
An owner is responsible for—
a: obtaining any necessary consents, approvals, and certificates:
b: ensuring that building work carried out by the owner complies with the building consent or, if there is no building consent, with the building code:
c: ensuring compliance with any notices to fix.
14C: Responsibilities of owner-builder
An owner-builder is responsible for ensuring that restricted building work carried out under the owner-builder exemption complies with the building consent and the plans and specifications to which the building consent relates.
14D: Responsibilities of designer
1: In subsection (2), designer
2: A designer is responsible for ensuring that the plans and specifications or the advice in question are sufficient to result in the building work complying with the building code, if the building work were properly completed in accordance with those plans and specifications or that advice.
14E: Responsibilities of builder
1: In subsection (2), builder
2: A builder is responsible for—
a: ensuring that the building work complies with the building consent and the plans and specifications to which the building consent relates:
b: ensuring that building work not covered by a building consent complies with the building code.
3: A licensed building practitioner who carries out or supervises restricted building work is responsible for—
a: ensuring that the restricted building work is carried out or supervised in accordance with the requirements of this Act; and
b: ensuring that he or she is licensed in a class for carrying out or supervising that restricted building work.
14F: Responsibilities of building consent authority
A building consent authority is responsible for—
a: checking, in accordance with the requirements of this Act for each type of building consent, to ensure that—
i: an application for a building consent complies with the building code:
ii: building work has been carried out in accordance with the building consent for that work:
b: issuing building consents and certificates in accordance with the requirements of this Act.
11: Outline of this Part
1: Section 15(1)
da: for different types of building consent:
2: Section 15(1)(i) code compliance certificate consent completion certificate
12: Limits on certain powers of building consent authority in cases involving bans under section 26
Section 28(2)(b) code compliance certificate consent completion certificate
13: Applications for national multiple-use approval relating to design work that is restricted building work
Section 30C(3) memorandum certificate of work
14: Content of application
Section 33(1)
a: any fees and charges imposed by the territorial authority under section 219; and
15: Territorial authority may issue development contribution notice
Section 36
2: The territorial authority may issue a notice, in the prescribed form, to the effect that a consent completion certificate for the building work will not be issued unless the development contribution is paid ( development contribution notice
16: New heading substituted
The heading above section 40 Building consents: General provisions
17: New sections 41 to 52Y substituted
Sections 41 to 52
41: Types of building consent
There are 4 types of building consent—
a: a standard building consent:
b: a low-risk building consent:
c: a simple residential building consent:
d: a commercial building consent.
42: When building consent is not required
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 see section 42A
c: any urgent building work for which a building consent cannot practicably be obtained in advance ( see section 43
d: any energy work (unless a building consent is required under section 45
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, amend Schedule 1 by—
a: adding any building work or class of building work to Schedule 1 as being building work for which a building consent is not required:
b: extending or clarifying the scope of any building work or class of building work listed in Schedule 1 as building work for which a building consent is not required:
c: restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1.
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 consent is not required for building work in the following categories, whether or not a building consent would otherwise have been required:
a: building work described in Part 1 of Schedule 1
b: building work described in Part 2 of Schedule 1 see
c: building work described in Part 3 of Schedule 1
2: Subsection (1) is subject to the following conditions:
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
43: Meaning of urgent building work
In section 42(1)(c) urgent building work
a: for the purpose of saving or protecting life or health or preventing serious damage to property; or
b: 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.
44: Owner must apply for certificate of acceptance if building work carried out urgently
1: If, in reliance on section 42(1)(c)
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.
45: Energy work that requires building consent
1: A building consent is generally not required for energy work except for—
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 would not be granted unless it was granted subject to a waiver or modification of the building code.
2: 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.
46: When to apply for building consent
1: An owner intending to carry out building work for which a building consent is required 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.
47: Which type of building consent to apply for
1: An owner may apply for a standard building consent for any type of building work except commercial building work for which a commercial building consent is required.
2: If the proposed building work is—
a: low-risk building work, the owner may apply for a low-risk building consent:
b: simple residential building work, the owner may apply for a simple residential building consent:
c: commercial building work for which a commercial building consent is not required, the owner must apply for a standard building consent or a commercial building consent:
d: commercial building work for which a commercial building consent is required, the owner must apply for a commercial building consent.
3: Regulations may be made under this Act prescribing the types or categories of commercial building work for which a commercial building consent is required.
48: How to apply for building consent
1: The procedure for applying for—
a: a low-risk building consent is set out in section 52G Schedule 1A
b: a simple residential building consent is set out in section 52J Schedule 1B
c: a standard building consent is set out in section 52M Schedule 1C
d: a commercial building consent is set out in sections 52O and 52R Schedule 1D
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.
49: Referral of certain applications for building consent to New Zealand Fire Service Commission
1: By notice published in the Gazette
2: The chief executive must give a copy of the notice to every building consent authority as soon as practicable after it is published.
3: A building consent authority must, on receipt of an application that falls within a category specified under subsection (1), provide a copy of the application to the New Zealand Fire Service Commission.
50: New Zealand Fire Service Commission may give advice on applications referred under section 49
1: The New Zealand Fire Service Commission (the Commission section 49(3)
a: provision 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 Commission must not, in its memorandum, set out advice that provides for the building to meet performance criteria in excess of the requirements of the building code.
3: If the Commission does not provide a memorandum within the period specified in subsection (1), the building consent authority may determine the application without the memorandum.
51: Processing application for building consent
1: After receiving an application for a building consent that complies with the requirements for an application of that type, a building consent authority must, within the time limit specified in subsection (2),—
a: grant the application; or
b: refuse the application.
2: The time limit is,—
a: in the case of an application for a low-risk building consent or a simple residential building consent, 5 working days after receipt by the building consent authority of the application:
b: in the case of an application that relates only to plans and specifications for which a national multi-use approval has been issued, 10 working days after receipt by the building consent authority of the application:
c: in all other cases, 20 working days after receipt by the building consent authority of the application.
3: A building consent authority may, within the period specified in subsection (2), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives that information.
4: 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 50
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.
52: Grant of building consent
1: The requirements for the grant of—
a: a low-risk building consent are set out in section 52H
b: a simple residential building consent are set out in section 52K
c: a standard building consent are set out in section 52N
d: a commercial building consent are set out in section 52S
2: However, in all cases a building consent authority is not required to grant a building consent until it receives—
a: any charge or fee fixed by it in relation to the consent; and
b: any levy payable under section 53.
52A: Notice of refusal of application for building consent
If a building consent authority refuses 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.
52B: Issue of building consent
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
c: contain confirmation that Heritage New Zealand Pouhere Taonga
d: 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; and
e: 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 that compliance schedule; and
ii: the performance standards for the specified systems.
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 (c), the building consent authority may grant the building consent despite that subsection.
4: However, the building consent authority must, on receiving the document or the information referred to in subsection (3), provide the owner with the document or information.
52C: Minor variations to building consent
1: An application for a minor variation to a building consent—
a: is not required to be made in a prescribed form; but
b: must comply with all other applicable requirements for the type of building consent in question.
2: Sections 51 to 52A
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.
52D: 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 52C
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.
52E: Lapse of building consent
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.
52F: Building consent authority may re-designate consent in certain cases
1: This section applies if a building consent authority has issued a consent that is a low-risk building consent, a simple residential building consent, or a commercial building consent.
2: The authority may re-designate the consent as a standard building consent if it is satisfied on reasonable grounds that—
a: building work has been undertaken under the original consent that does not comply with that consent; or
b: a person who was not a licensed building practitioner has carried out without supervision by a licensed building practitioner, or has supervised, building work that is required to be carried out or supervised by a licensed building practitioner; or
c: the owner has applied for an amendment to the building consent and the proposed building work will not fall within the scope of the original consent.
3: A building consent authority that re-designates a consent as a standard building consent may—
a: issue a notice to fix under section 164
b: issue a certificate of acceptance under section 96(1)(e) Low-risk building consent
52G: Application for low-risk building consent
An application for a low-risk building consent must comply with the requirements set out in Schedule 1A
52H: Grant of low-risk building consent
1: A building consent authority must grant a low-risk building consent if—
a: the application for the consent complies with the requirements set out in Schedule 1A
b: the authority is satisfied on reasonable grounds that—
i: the building work is low-risk building work; and
ii: any person named in the application as a licensed building practitioner is, at the date of the grant of the consent, in fact a licensed building practitioner and is licensed in a class appropriate for the building work to which the application relates; and
iii: the building work to which the application relates satisfies any conditions prescribed under this Act for that type of building work.
2: In considering an application for a low-risk building consent, a building consent authority is not required to consider whether the building work will comply with the building code.
52I: Responsibility of building consent authority in relation to building work carried out under low-risk building consent
1: A building consent authority that has issued a low-risk building consent—
a: is not required to inspect the building work in question at any time before the issue of a consent completion certificate for that building work; and
b: incurs no liability to any person by reason only of not checking the plans and specifications accompanying the application or not inspecting the building work in question at any time before the issue of a consent completion certificate.
2: Nothing in subsection (1) limits or affects the provisions of section 90 or 222. Simple residential building consent
52J: Application for simple residential building consent
An application for a simple residential building consent must comply with the requirements set out in Schedule 1B
52K: Grant of simple residential building consent
1: A building consent authority must grant a simple residential building consent if—
a: the application for the consent complies with the requirements set out in Schedule 1B
b: the authority is satisfied on reasonable grounds that—
i: the building work is simple residential building work; and
ii: the building work in the prescribed aspects (the prescribed aspects
iii: the building work is within the class of building work for which the person named in the application as the licensed building practitioner is licensed.
2: In considering an application for a simple residential building consent, a building consent authority is required to consider the building work only in the prescribed aspects and is not required to consider any other aspects.
3: Subsections (1)(b)(ii) and (2) do not limit the power of the building consent authority to refuse to grant the consent if the authority considers that any aspect of the work (whether a prescribed aspect or not) will result in significant non-compliance with the building code.
52L: Responsibility of building consent authority in relation to building work carried out under simple residential building consent
1: A building consent authority that has issued a simple residential consent—
a: must, in accordance with regulations made under this Act, make the prescribed inspections of the building work; but
b: incurs no liability to any person by reason only that the authority did not make inspections of the building work over and above the prescribed inspections.
2: Nothing in subsection (1) limits the provisions of section 90 or 222. Standard building consent
52M: Application for standard building consent
An application for a standard building consent must comply with the requirements set out in Schedule 1C
52N: Grant of standard building consent
A building consent authority must grant a standard building consent if—
a: the application for the consent complies with the requirements set out in Schedule 1C
b: the authority is satisfied on reasonable grounds that the building work will comply with the building code if it is properly completed in accordance with the plans and specifications accompanying the application; and
c: in the event that any of the building work is restricted building work, any licensed building practitioner named in the application to carry out restricted building work is licensed in the appropriate class to carry out or supervise the restricted building work. Commercial building consent
52O: Approval required before application for commercial building consent may be made
An owner who intends to apply for a commercial building consent must, before making the application, obtain from the building consent authority to which the application will be made written approval of the following matters:
a: the risk profile of the building work; and
b: the quality assurance system that will apply to the building work.
52P: Approved risk profile
1: A risk profile must be determined in accordance with the criteria for determining the risk profile of commercial building work that are specified by regulations made under this Act (the specified criteria
2: A building consent authority must approve a risk profile if the building consent authority is satisfied that the risk profile—
a: has been determined in accordance with the specified criteria; and
b: is an appropriate assessment of—
i: the risk that the building work will not comply with the building code; and
ii: the consequences of that non-compliance.
3: The owner and the building consent authority may amend an approved risk profile by agreement, but the building consent authority must not agree to an amendment unless it is satisfied that the risk profile after amendment complies with the matters set out in subsection (2).
52Q: Approved quality assurance system
1: A quality assurance system must comply with the requirements for a quality assurance system for commercial building work that are specified by regulations made under this Act (the specified requirements
2: A building consent authority must approve a quality assurance system if the building consent authority is satisfied that the quality assurance system—
a: complies with the specified requirements; and
b: provides for appropriate supervisory observation, testing, inspection, and third-party review for ensuring that the building work will comply with the building code.
3: The owner and the building consent authority may amend an approved quality assurance system by agreement, but the building consent authority must not agree to an amendment unless it is satisfied that the quality assurance system after amendment complies with the matters set out in subsection (2).
52R: Application for commercial building consent
An application for a commercial building consent must comply with the requirements set out in Schedule 1D
52S: Grant of commercial building consent
A building consent authority must grant a commercial building consent if—
a: the application for the consent complies with the requirements set out in Schedule 1D
b: the building consent authority is satisfied on reasonable grounds that—
i: the building work is commercial building work; and
ii: nothing exists or is known that, if it had existed or been known before the approval was given under section 52O
52T: Owner must notify building consent authority of change affecting risk profile
1: This section applies if building work remains to be carried out under a commercial building consent and the owner becomes aware of a material change to 1 or more of the criteria on which the risk profile was determined.
2: The owner must immediately—
a: notify the building consent authority that issued the consent of the change; and
b: apply for an amendment to the approved risk profile.
52U: Amendment to approved risk profile or approved quality assurance system after grant of building consent
1: A building consent authority that has granted a commercial building consent may, on its own initiative or on an application by the owner,—
a: amend the approved risk profile:
b: amend the approved risk profile and, as necessary, the approved quality assurance system to accommodate the changes to the approved risk profile:
c: amend the approved quality assurance system.
2: The building consent authority may make an amendment—
a: under subsection (1)(a) if the authority is no longer satisfied that the grounds for approving the risk profile under section 52P(2)
b: under subsection (1)(b) if the authority is no longer satisfied that the grounds for approving the risk profile under section 52P(2) section 52Q(2)
c: under subsection (1)(c) if the authority is no longer satisfied that the grounds for approving the quality assurance system under section 52Q(2)
3: An approved risk profile or approved quality assurance system that is amended under this section takes effect as if it were the approved risk profile or approved quality assurance system that accompanied the application for the building consent.
4: A building consent authority that makes an amendment under this section must give written notice of the amendment to the owner.
52V: Owner must provide building consent authority with information relating to quality assurance system
1: A commercial building consent is subject to the condition that the owner must provide to the building consent authority that issued the consent information that the authority may reasonably require—
a: in relation to the quality assurance system; or
b: arising out of compliance with the quality assurance system.
2: The owner must provide the information as soon as is reasonably practicable after being required to provide it.
52W: Powers ancillary to building consent authority's power of inspection of commercial building work
A building consent authority that has issued a commercial building consent may, as part of its power of inspection under section 90
52X: Safety system commissioning reviews
1: For the purposes of section 94C and Schedule 1H safety system commissioning review
a: specified systems:
b: emergency exit paths:
c: inter-operation of the building as a whole system with respect to safety systems:
d: accessibility facilities.
2: A safety system commissioning review—
a: may be conducted at 1 time or at multiple times:
b: must be conducted before a consent compliance
52Y: Offence to make false or misleading statement in relation to commercial building work
1: A person commits an offence if that person, in any communication, application, or document that is required to be made or given under this Act or by the regulations in relation to commercial building work,—
a: knowingly makes a written or an oral statement that is false or misleading in a material particular; or
b: knowingly makes a material omission.
2: A person who commits an offence under this section is liable to a fine not exceeding $200,000. Section 17 amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 17 amended 28 November 2013 section 74(2) Building Amendment Act 2013 Section 17 amended 28 November 2013 section 74(3) Building Amendment Act 2013 Section 17 amended 28 November 2013 section 74(4) Building Amendment Act 2013 Section 17 amended 28 November 2013 section 74(5) Building Amendment Act 2013
18: How to apply for building consent
1: Section 45
5: The application must be accompanied by a statutory declaration, in the prescribed form, as to owner-builder status—
a: if the building work includes restricted building work to be carried out by the owner-builder; or
b: if any accompanying plans or specifications contain design work that is restricted building work and that has been carried out by the owner-builder.
2: Section 45(1)
d: be accompanied by any fees and charges imposed by the building consent authority under section 240; and
19: Grant of building consent
Section 49(2)(a) or fee charge
20: Applicant for building consent liable to pay levy
Section 53
4: The chief executive may, in his or her discretion, refund all or part of the levy if the building consent lapses by paying the refund to the applicant or to the relevant building consent authority.
21: Payment of levy if building work completed in stages
Section 57(2)(b) code compliance certificate consent completion certificate
22: New headings and sections 84 to 84D substituted
Section 84 Who may carry out or supervise simple residential building work
84: Who may carry out or supervise simple residential building work
Simple residential building work under a simple residential building consent must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of building work of that kind.
84A: Offences relating to carrying out or supervising simple residential building work
1: A person who is not a licensed building practitioner commits an offence if he or she carries out simple residential building work under a simple residential building consent while not supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of building work of that kind.
2: A person who is a licensed building practitioner commits an offence if he or she—
a: carries out simple residential building work under a simple residential building consent and is not licensed to carry out building work of that kind; or
b: supervises simple residential building work under a simple residential building consent and is not licensed to carry out or supervise the carrying out of building work of that kind.
3: A person who commits an offence under this section is liable to a fine not exceeding $20,000.
84B: Offence to engage another person to carry out or supervise simple residential building work if person is not licensed building practitioner
1: A person commits an offence if that person—
a: engages another person to carry out simple residential building work under a simple residential building consent; 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 building work of that kind.
2: A person commits an offence if that person—
a: engages another person to supervise the carrying out of simple residential building work under a simple residential building consent; 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 carrying out of building work of that kind.
3: A person who commits an offence under this section is liable to a fine not exceeding $20,000.
84C: Owner must notify names of or change in licensed building practitioners engaged in simple residential building work
1: Before simple residential building work commences under a simple residential building consent, the owner must give the building consent authority written notice of the name of every licensed building practitioner who is engaged to carry out, or supervise, the simple residential building work under the simple residential building consent.
2: After any simple residential building work commences under a simple residential 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 that building work; or
b: another licensed building practitioner is engaged to carry out or supervise that building work.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine not exceeding $20,000. Who may carry out or supervise restricted building work
84D: Who may carry out or supervise restricted building work
Restricted building work must be carried out or supervised by a licensed building practitioner licensed to carry out or supervise restricted building work of that kind except if the owner-builder exemption applies ( see section 90D
23: New section 85 substituted
Section 85
85: Offences relating to carrying out or supervising restricted building work
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.
2: A person who is a licensed building practitioner commits an offence if he or she—
a: carries out restricted building work and is not licensed to carry out restricted building work of that kind; or
b: supervises restricted building work and is not licensed to carry out or supervise the carrying out of restricted building work of that kind.
3: Subsection (1) and (2)(a) do not apply to a person to whom the owner-builder exemption applies in respect of the restricted building work in question.
4: A person who commits an offence under this section is liable to a fine not exceeding $20,000.
24: Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
Section 86
1: A person commits an offence if that person—
a: engages another person to carry out 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 the restricted building work.
1A: A person commits an offence if that person—
a: engages another person to supervise the carrying out of 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 carrying out of the restricted building work.
1B: This section does not apply in the case of any unpaid friend or family member of an owner-builder who is engaged to assist the owner-builder in carrying out restricted building work.
25: Owner must notify names of licensed building practitioners engaged in restricted building work
Section 87
4: This section does not apply in the case of a licensed building practitioner who, as an unpaid friend or family member of an owner-builder, is engaged to assist the owner-builder in carrying out restricted building work.
26: New section 87A inserted
The following section is inserted after section 87
87A: Notices to building consent authority when owner-builder carries out restricted building work
1: This section applies when, under the owner-builder exemption, an owner-builder carries out restricted building work under a building consent.
2: If the building consent application was not accompanied by a statutory declaration as to owner-builder status, the owner must give the building consent authority a notice that the owner-builder is to carry out restricted building work.
3: The owner must give the building consent authority a notice—
a: if there is a change in the owner-builder carrying out the restricted building work; or
b: when the owner-builder ceases to carry out the restricted building work.
4: A notice under this section must—
a: be in the prescribed form; and
b: if it is a notice required under subsection (2) or (3)(a), be accompanied by a statutory declaration as to owner-builder status; and
c: be given—
i: before the building work begins, if it is a notice required by subsection (2):
ii: as soon as practicable, if it is a notice required by subsection (3).
5: A person who contravenes this section commits an offence and is liable to a fine not exceeding $20,000.
27: Licensed building practitioner to certify or provide memorandum about restricted building work
1: The heading to section 88 certify or provide memorandum about provide record of work in respect of
2: Section 88
1: Each licensed building practitioner who carries out (other than as an owner-builder) or supervises restricted building work under a building consent must, on completion of the restricted building work, provide the persons specified in subsection (2) with a record of work, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised.
3: Section 88(3)
4: Section 88
4: A record of work given under subsection (1) does not, of itself,—
a: create any liability in relation to any matter to which the record 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 record of work.
28: Inspections by building consent authorities
Section 90
3: In this section, inspection
a: the taking of all reasonable steps to ensure that building work is being carried out in accordance with a building consent:
b: in the case of work carried out under a commercial building consent, the taking of all reasonable steps to determine whether the approved quality assurance system is being complied with.
4: Nothing in this section may be taken to impose an obligation on a building consent authority to make an inspection.
29: New subpart 4A of Part 2 inserted
The following subpart is inserted after section 90
4A: Restricted building work carried out by owner-builders
90A: Purpose of this subpart
The purpose of this subpart is to enable homeowners to build and alter their own homes.
90B: Meaning of owner-builder
1: An owner-builder
a: has a relevant interest in the land or the building on which the restricted building work is carried out; and
b: resides, or intends to reside, in the household unit in relation to which the restricted building work is carried out; and
c: carries out the restricted building work himself or herself or with the assistance of his or her unpaid friends and family members; and
d: has not, under the owner-builder exemption, carried out restricted building work in relation to a different household unit within the previous 3 years.
2: For the purposes of subsection (1)(b), reside
90C: Meaning of relevant interest
For the purposes of section 90B(1)(a) relevant interest
a: a right of occupancy of the land or building or part of the building; or
b: a right, power, or privilege over, or in connection with, the land or building.
90D: Owner-builder exemption
1: A person who is an owner-builder in relation to restricted building work may carry out that restricted building work without being supervised by a licensed building practitioner.
2: Subsection (1) does not apply if the restricted building work in question is low-risk building work under a low-risk building consent, simple residential building work under a simple residential building consent, or commercial building work under a commercial building consent.
30: Heading to subpart 5 of Part 2 amended
The heading to subpart 5 Code compliance certificates Consent completion certificates
31: New heading substituted
The heading above section 91 Consent completion certificates
32: Building consent authority that grants building consent to issue code compliance certificate
1: The heading to section 91 code compliance certificate consent completion certificate
2: Section 91(1) code compliance certificate consent completion certificate
33: New section 92 substituted
Section 92
92: Application for consent completion certificate
1: An owner must apply to a building consent authority for a consent completion 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: either—
i: to the building consent authority that granted the consent; or
ii: if section 91(2)
3: An application for a consent completion certificate in respect of building work carried out under—
a: a low-risk building consent must comply with the requirements of Schedule 1E
b: a simple residential building consent must comply with the requirements of Schedule 1F
c: a standard building consent must comply with the requirements of Schedule 1G
d: a commercial building consent must comply with the requirements of Schedule 1H
34: Time in which building consent authority must decide whether to issue code compliance certificate
1: The heading to section 93 code compliance certificate consent completion certificate
2: Section 93(1) code compliance certificate consent completion certificate
35: New sections 94 to 94C substituted
Section 94
94: Issue of consent completion certificate for work under low-risk building consent
1: A building consent authority must issue a consent completion certificate for work carried out under a low-risk building consent if—
a: the application for the consent completion certificate is complete and in order; and
b: there are no outstanding notices to fix in respect of the building work; and
c: the building consent authority is satisfied, on reasonable grounds, 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; and
d: the building consent authority is satisfied, on reasonable grounds, that any licensed building practitioner who carried out any of the building work was licensed in the appropriate class to carry out or supervise that building work.
2: In deciding whether to issue a consent completion certificate under this section, 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 consent completion certificate would relate.
3: If the owner fails to provide to a building consent authority an energy work certificate for energy work in respect of which a low-risk building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a consent completion 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 consent completion 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 consent completion certificate may be issued.
5: Subsection (1) is subject to subsection (4).
94A: Issue of consent completion certificate for work under simple residential building consent
1: A building consent authority must issue a consent completion certificate for work carried out under a simple residential building consent if—
a: the application for the consent completion certificate is complete and in order; and
b: there are no outstanding notices to fix in respect of the building work; and
c: the building consent authority is satisfied, on reasonable grounds, that the building work that has been inspected in accordance with the prescribed requirements relating to inspection of simple residential building work by a building consent authority complies with the building consent; and
d: the building consent authority is satisfied, on reasonable grounds, 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; and
e: the building consent authority is satisfied, on reasonable grounds, that any licensed building practitioner who carried out any of the building work was licensed in the appropriate class to carry out or supervise that building work.
2: In deciding whether to issue a consent completion certificate under this section, 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)
3: If the owner fails to provide to a building consent authority an energy work certificate for energy work in respect of which a simple residential building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a consent completion 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 consent completion 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 consent completion certificate may be issued.
5: Subsection (1) is subject to subsection (4).
94B: Issue of consent completion certificate for work under standard building consent
1: A building consent authority must issue a consent completion certificate for work carried out under a standard building consent if—
a: the application for the consent completion certificate is complete and in order; and
b: the building consent authority is satisfied, on reasonable grounds, that the building work complies with the building consent; and
c: the building consent authority is satisfied, on reasonable grounds, 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; and
d: the building consent authority is satisfied, on reasonable grounds, that any licensed building practitioner who carried out any of the building work was licensed in the appropriate class to carry out or supervise that building work.
2: In deciding whether to issue a consent completion certificate under this section, 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 consent completion certificate would relate.
3: If the owner fails to provide to a building consent authority an energy work certificate for energy work in respect of which a standard building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a consent completion 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 consent completion 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 consent completion certificate may be issued.
5: If an owner-builder fails to provide to a building consent authority a statutory declaration in relation to restricted building work carried out by the owner-builder in respect of which a standard building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a consent completion certificate in respect of the restricted building work.
6: Subsection (1) is subject to subsection (4).
94C: Issue of consent completion certificate for work under commercial building consent
1: A building consent authority must issue a consent completion certificate for work carried out under a commercial building consent if—
a: the application for the consent completion certificate is complete and in order; and
b: the building consent authority is satisfied, on reasonable grounds, that the requirements of the approved quality assurance system in relation to the observation and inspection of the building work have been complied with; and
c: the building consent authority has undertaken a safety system commissioning review and the authority is satisfied, on reasonable grounds, that the systems are operating in accordance with their specifications; and
d: the building consent authority is satisfied, on reasonable grounds, that all certificates of work required by the approved quality assurance system—
i: are correct; and
ii: meet the requirements of the approved quality assurance system; and
iii: provide evidence that the building work to which the consent relates complies with the building consent; and
iv: are signed by appropriately qualified persons; and
e: the building consent authority is satisfied, on reasonable grounds, that the process requirements in the approved quality assurance system have been met and that all verification of building consent compliance has been made in accordance with the approved quality assurance system; and
f: there are no outstanding notices to fix in respect of the building work to which the building consent relates.
2: In deciding whether to issue a consent completion certificate under this section, 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 consent completion certificate would relate.
3: If the owner fails to provide to a building consent authority an energy work certificate for energy work in respect of which a commercial building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a consent completion 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 consent completion 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 consent completion certificate may be issued.
5: Subsection (1) is subject to subsection (4).
36: Issue of code compliance certificate
1: The heading to section 95 code compliance certificate consent completion certificate
2: Section 95 code compliance certificate consent completion certificate
3: Section 95
c: on payment of any fees and charges imposed by the building consent authority under section 240.
37: Refusal to issue code compliance certificate
1: The heading to section 95A code compliance certificate consent completion certificate
2: Section 95A code compliance certificate consent completion certificate
38: Territorial authority may issue certificate of acceptance in certain circumstances
1: Section 96(1)(c) is code compliance certificate consent completion certificate
1A: In section 96(1)(c) consent) apply ; or
2:
3: Section 96(1)
d: if a building consent authority has under section 52F Section 38(1) amended 30 May 2017 section 7(2)(a) Regulatory Systems (Building and Housing) Amendment Act 2017 Section 38(1) amended 30 May 2017 section 7(2)(b) Regulatory Systems (Building and Housing) Amendment Act 2017 Section 38(1A) inserted 30 May 2017 section 7(3) Regulatory Systems (Building and Housing) Amendment Act 2017 Section 38(2) repealed 30 May 2017 section 7(4) Regulatory Systems (Building and Housing) Amendment Act 2017 Section 38(3) amended 30 May 2017 section 7(5) Regulatory Systems (Building and Housing) Amendment Act 2017
39: How to apply for certificate of acceptance
Section 97
d: be accompanied by any fees and charges imposed by the territorial authority under section 219; and
40: Requirement for compliance schedule
Section 100
4: The requirement in subsections (1) and (2) that a building have a compliance schedule if it has a cable car attached to it or servicing it is satisfied, in the case of a cable car that is attached to or services more than 1 building, if any of the buildings in question have a compliance schedule for the cable car.
5: Except to the extent that it provides, subsection (4) does not relieve an owner of any of the obligations under sections 105 to 110.
41: New section 102 substituted
Section 102
102: When compliance schedule must be issued
1: A building consent authority must issue a compliance schedule if—
a: the compliance schedule, or an amended compliance schedule, is required as a result of building work; and
b: the building consent authority is satisfied, on reasonable grounds, that the specified systems for the building are capable of performing to the performance standards for those systems.
2: A compliance schedule that is issued under subsection (1) must be issued with the relevant code compliance certificate or consent completion certificate.
3: A territorial authority must issue a compliance schedule on an application under section 102A
42: New section 102A inserted
The following section is inserted after section 102
102A: Procedure for obtaining compliance schedule where building consent not required
1: This section applies when an owner of a building for which a compliance schedule is required under section 100
2: The owner must apply in the prescribed form (if any) to the appropriate territorial authority for the issue of a compliance schedule by providing the authority with—
a: a description of all specified systems for the building and the performance standards for each of them; and
b: the proposed inspection, maintenance, and reporting procedures for the specified systems.
43: Content of compliance schedule
Section 103
1: A compliance schedule must—
a: state and describe each of the specified systems covered by the compliance schedule, including a statement of the type and (if known) make of each specified system; and
b: state the performance standards for the specified systems; and
c: describe the inspection, maintenance, and reporting procedures to be followed by independently qualified persons or other persons in respect of the specified systems to ensure that those systems are capable of, and are, performing to the performance standards.
44: Obligations of owner if compliance schedule is issued
Section 105
e: that, for the first 12 months of the period of the compliance schedule, there is displayed publicly in the building so that users of the building can have access to it a statement by the territorial authority in the prescribed form that contains the following information:
i: the specified systems covered by the compliance schedule; and
ii: the place where the compliance schedule is held; and
iii: any other prescribed information.
45: Application by owner for amendment to compliance schedule
1: Section 106
2: However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if—
a: 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; or
b: as a result of an amendment to this Act or any regulation made under it, the compliance schedule—
i: no longer complies with the requirements of this Act or any regulations made under it; or
ii: contains information that is no longer required under this Act or any regulations made under it.
2A: An application under subsection (2)(b) must be made before the next anniversary of the issue of the compliance schedule following the amendment of the Act or regulation that results in the compliance schedule becoming non-compliant or containing information that is no longer required.
2: Section 106(3)
c: pay any fees and charges imposed by the territorial authority under section 219.
46: Territorial authority may amend compliance schedule on own initiative
Section 107
47: Annual building warrant of fitness
1: Section 108(3)(c) a licensed building practitioner an independently qualified person
2: Section 108(4) or, if the compliance schedule relates only to a cable car, publicly display the copy of the building warrant of fitness in or near the cable car
3: Section 108
7: In subsection (3)(d), a reference to an independently qualified person is a reference to the independently qualified person or independently qualified persons who carried out or supervised the inspection, maintenance, and reporting procedures stated in the compliance schedule during the previous 12 months.
48: Territorial authority must consider recommendation to amend compliance schedule
Section 109 a licensed building practitioner an independently qualified person
49: Owner must obtain reports on compliance schedule
Section 110(a) licensed building practitioner independently qualified person
50: Inspections by territorial authority
Section 111
51: Meaning of dangerous building
Section 121(1)(b) because of fire hazard or the occupancy of the building
52: Issue of notice to fix
1: Section 164(1)(c) with. with; or
2: Section 164(1)
d: in the case of commercial building work, an approved quality assurance system has not been complied with.
3: Section 164(2)(c) schedule. schedule; or
4: Section 164(2)
d: to properly comply with the approved quality assurance system.
53: New section 168A inserted
The following section is inserted before section 169
168A: Chief executive's functions in relation to this Act
The chief executive must—
a: take all necessary steps for the implementation and administration of this Act; and
b: review the Act as necessary.
54: Meaning of party
1: Section 176
c: the owner or, if there is more than 1 owner, any of the owners:
2: Section 176
da: any person to whom a notice to fix relating to the relevant building work has been issued under section 164
55: Application for determination
1: Section 177(2)(c) code compliance certificate consent completion certificate
2: Section 177(2)
g: in the case of commercial building work,—
i: a risk profile or an approved risk profile:
ii: a quality assurance system or an approved quality assurance system.
56: Appeals to District Court
Section 208(1)
aa: a direction as to costs given under section 190(2)
57: Territorial authority must keep information about buildings
1: Section 216(2)(b)(iva) memoranda records of work and certificates of work
2: Section 216(2)(b)
ivb: statutory declarations provided by owner-builders:
ivc: if applicable, the specified intended life of the building:
3: Section 216
2A: The information that must be kept by a territorial authority under subsection (1) also includes any of the following information issued or received by the territorial authority in respect of a building:
a: consent completion certificates:
b: in the case of a building for which a commercial building consent has been granted,—
i: approved risk profiles:
ii: approved quality assurance systems:
iii: third-party reviews:
iv: safety system commissioning reviews:
c: any other records that relate to the information referred to in paragraphs (a) and (b).
4: Section 216
4: A territorial authority must keep the information referred to in subsection (2A) at least for the life of the building to which the information relates.
58: Access to certain information kept by territorial authority
Section 217(1)(a) and (2) to (2A)
59: Territorial authority may impose fee or charge and must collect levy
Section 219(1)(a) charge charge (or both)
60: Inspections by territorial authority
The definition of inspection section 222(4)
iii: a notice to fix has been complied with; or
iv: in the case of work carried out under a commercial building consent, the approved quality assurance system is being complied with:
61: Duty to assist inspections
Section 223(2)
c: any person engaged in the building work, including an owner-builder and any unpaid friend or family member of the owner-builder engaged to assist him or her in the building work.
62: Duties of building consent authority
1: Section 238(1)(c)
2: Section 238(2)(b)
iva: if applicable, the intended life of the building:
ivb: statutory declarations provided by an owner-builder:
ivc: records of work and certificates of work provided by licensed building practitioners under section 45(2) or 88(1)(a):
3: Section 238
2A: The information referred to in subsection (1)(b) also includes the following information issued or received by the building consent authority in respect of a building:
a: consent completion certificates:
b: in the case of a building for which a commercial building consent has been granted,—
i: approved risk profiles:
ii: approved quality assurance systems:
iii: third-party reviews:
iv: safety system commissioning reviews:
c: any other records that relate to the information referred to in paragraphs (a) and (b).
63: Building consent authority may impose fee or charge and must collect levy
Section 240(1)(a) charge charge (or both)
64: Regional authorities may impose fee or charge and recover costs, and must collect levy
Section 243(1)(a) charge charge (or both)
65: New subpart 9 of Part 3 added
Part 3
9: Fees, charges, and additional costs
281A: What fees and charges may be imposed
1: This section applies when a territorial authority, building consent authority, or a regional authority (in this section and in sections 281B to 281D authority
2: Each authority has a discretion as to how the fee or charge is charged or set and how it may be paid or collected, and may (by way of example and without limiting an authority's discretion)—
a: charge a fixed or variable fee:
b: require a deposit and then further payment:
c: require full payment at the outset:
d: charge on the basis of an hourly rate or any other rate or method of charging.
3: An authority may impose a fee or charge whether or not the function or service in question is performed on the application of another person or on the initiative of the authority itself.
281B: Authority may increase fee or charge to meet additional cost
1: If a fee or a charge imposed by an authority for a function or service performed by the authority under this Act is, in any particular case, inadequate to meet the authority’s actual and reasonable costs in performing that function or service, the authority may increase the amount of the fee or charge to meet the additional cost.
2: The authority must, on request by the person liable to pay the increased fee or charge, provide an estimate of the increase in the fee or charge.
281C: Authority may waive or refund fee or charge
An authority may, in its discretion, waive or refund, in whole or in part, any fee or charge imposed by it for a function or service performed by it under this Act.
281D: Validity of previous fees, charges, and additional costs
1: This section applies to a fee, charge, or additional cost that was imposed by, paid to, or collected by an authority before the commencement of this section.
2: Any question relating to the validity of the fee, charge, or additional cost must be determined as if sections 281A and 281B
3: Nothing in this section affects the validity of a fee, charge, or additional cost that is the subject of a proceeding that was commenced before the commencement of this section.
66: Purposes of licensing building practitioners
1: Section 282A(b) it. it; and
2: Section 282A
c: to license building practitioners so that, in regard to low-risk building work or simple residential work for which the appropriate building consent has been granted, licensed building practitioners can carry it out or supervise it.
67: Licensing classes may be designated by regulations
Section 285
2: An order made under subsection (1) may designate a licensing class or classes for carrying out the work, or for supervising the work, or for carrying out or supervising the work.
68: Registrar must contact licensed building practitioners on annual basis
Section 303
6: The levy may be applied to costs and other expenses incurred in the licensing and disciplining of building practitioners under this Act, including the costs of the operation and administration of the Board.
69: New heading and sections 314A and 314B inserted
The following heading and sections are inserted after section 314 Code of ethics and competence
314A: Code of ethics for licensed building practitioners
The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe a code or codes of minimum standards of ethical conduct for licensed building practitioners or classes of licensed building practitioners.
314B: Licensed building practitioner must work within competence
A licensed building practitioner must—
a: not misrepresent his or her competence:
b: carry out or supervise building work only within his or her competence.
70: Grounds for discipline of licensed building practitioners
1: Section 317(1)(c) (other than as an owner-builder) carried out
2: Section 317(1)(da) (other than as an owner-builder)
a: carry out
b: carried out
3: Section 317(1)(da)(i) memorandum, in accordance with section 45(2)(b), certificate of work
4: Section 317(1)(da)(ii) memorandum record of work
5: Section 317(1)(e)(iii) genuine. genuine; or
6: Section 317(1)
f: a licensed building practitioner has failed, without good reason, to provide to the owner the record of work referred to in clause 1(b) of Schedule 1E clause 1(b) of Schedule 1F
g: a licensed building practitioner has breached the code of ethics prescribed under section 314A
h: a licensed building practitioner has breached section 314B
i: a licensed building practitioner has conducted himself or herself in a manner that brings, or is likely to bring, the regime under this Act for licensed building practitioners into disrepute.
71: Board's functions
Section 343
2: The Board may, in accordance with clause 34
72: Protecting safety of members of public using premises open to public or intended for public use
Section 363(1)(b)(i) code compliance certificate consent completion certificate
73: Public use of premises may be allowed before issue of code compliance certificate in some circumstances
Section 363A(1)(b) code compliance certificate consent completion certificate
74: Section 363B repealed
Section 363B
75: New section 363C substituted
Section 363C
363C: Section 363 does not apply to building work commenced before 31 March 2005
1: Section 363(1) does not apply to building work commenced before 31 March 2005.
2: Subsection (1) applies whether or not the work was completed before, on, or after 31 March 2005.
76: Strict liability and defences
Section 388
3: To avoid doubt, the offences created by sections 52Y, 84B, 86, 116B, 150(4), Section 76 amended 28 November 2013 section 74(6) Building Amendment Act 2013
77: Civil proceedings against building consent authorities
Section 391 or a code compliance certificate , a code compliance certificate, or a consent completion certificate
78: Building consent authority not liable
Section 392(1)
d: a code compliance certificate or a consent completion certificate issued under this Act:
79: Limitation defences
Section 393(3)(a) or a code compliance certificate , a code compliance certificate, or a consent completion certificate
80: Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
Section 401(2) code compliance certificate consent completion certificate
81: New section 401A inserted
The following section is inserted after section 401
401A: Regulations: building consents and consent completion certificates
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: define low-risk building work including by specifying any or all of the following: the nature of the building work, the circumstances in which it may be carried out, or the conditions for carrying it out:
b: define simple residential building work:
c: define commercial building work:
d: prescribe types or categories of commercial building work for which a commercial building consent is required:
e: prescribe types or categories of commercial building work for which an application for either a commercial building consent or a standard building consent may be made:
f: prescribe those aspects of plans and specifications accompanying an application for a simple residential building consent that must be considered by a building consent authority when deciding whether to grant the consent:
g: for the purpose of a determination by a building consent authority whether to issue a consent completion certificate in respect of simple residential building work, prescribe—
i: the maximum inspections that are required; and
ii: the nature of those inspections:
h: prescribe the criteria for determining the risk profile of a commercial building:
i: prescribe the matters that must be included in a quality assurance system, including prescribing different matters for different types or categories of commercial building work:
j: define safety system.
82: New section 401B inserted
The following section is inserted above section 402
401B: Order in Council declaring work to be restricted building work
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any kind of building work (other than building work for which a building consent is not required) or any kind of design work to be restricted building work.
2: An order under subsection (1) may apply to any kind of building work or design work generally, or may apply to building work or design work in relation to particular types or categories of buildings or to particular parts of buildings.
3: The Minister may recommend the making of an order under this section only if the Minister is satisfied that the kind of building work or design work in question is (or is likely to be) critical to the integrity of a building or part of a building.
4: Building work or design work is not restricted building work if it relates to an application for a building consent made before the commencement of an order under subsection (1) declaring building work or design work of the same kind to be restricted building work.
83: Regulations: general
1: Section 402(1)(d) performance of the Registrar's functions licensing, disciplining, and registration of building practitioners
2: Section 402(1)
da: providing for waivers and refunds of the whole or any part of a fee or charge referred to in paragraph (d):
3: Section 402(1)(e) for, or in connection with, the costs of the operation and administration of the Board
4: Section 402(1)
5: Section 402(1)
o: prescribing systems or parts of systems that amount to specified systems for the purposes of this Act:
84: Transitional provision for building consents granted under former Act
Section 433(2)(b) code compliance certificate consent completion certificate
85: Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
1: The heading to section 436 code compliance certificates consent completion certificates
2: Section 436(2) code compliance certificate consent completion certificate
86: Transitional provision for issue of certificate of acceptance
Section 437(1)(b)(ii) code compliance certificate consent completion certificate
87: Transitional provision for code compliance certificates and compliance schedules issued under former Act
Section 438(2)
88: Schedule 1 amended
1: The Schedule 1 s 41(1)(b) s 42(1)(b)
2: Paragraph (ad) of Schedule 1 section 3 of the Plumbers, Gasfitters, and Drainlayers Act 1976 section 6 of the Plumbers, Gasfitters, and Drainlayers Act 2006
89: New Schedules 1A to 1H inserted
The Schedules 1A to 1H Schedule Schedule 1
90: Schedule 3 amended
Schedule 3
34: Appointment of subcommittee to deal with complaints and licensing appeals
1: The Board may appoint 1 or more subcommittees of the Board and by written notice may delegate to a subcommittee any or all of its functions under section 343(b) and (c)
2: A subcommittee must have no fewer than 3 members.
3: The members of a subcommittee must be members of the Board, and the Board must nominate 1 of the members as the chairperson of the subcommittee.
4: The Board must regulate the procedure of its subcommittees as it thinks fit, and may at any time discharge, alter, or reconstitute a subcommittee.
5: A delegation under this clause may be revoked at any time, and the delegation of a function of the Board does not prevent the Board from exercising that function itself.
2: Miscellaneous provisions
91: Amendment to Local Government Act 2002
1: This section amends the Local Government Act 2002
2: Section 22
2: Subsection (1)—
a: does not apply at all in relation to any of the following:
i: the territorial sea; or
ii: the Kermadec Islands; or
iii: the Sub-Antarctic Islands (which include the Antipodes Islands, the Auckland Islands, the Bounty Islands, Campbell Island and the islands adjacent to Campbell Island, and the Snares Islands); and
b: does not apply in relation to the Three Kings Islands (which include Great Island, South West Island, West Island, North East Island, and several islets and rock stacks) for the purposes of the Building Act 2004.
3: For the purposes of the Building Act 2004,—
a: the Minister of Local Government is the territorial authority for any part of New Zealand referred to in subsection (1); and
b: the Minister of Conservation is the territorial authority for the islands referred to in subsection (2). 2012-03-13 Local Government Act 2002 Section 92 will go into the Local Government Act 2002 as a skeleton.
92: Transitional provisions for section 91
1: In this section, transition period
a: the period of 18 months from the commencement of this section; or
b: a shorter period than 18 months from the commencement of this section ending on a date determined by the Minister of Conservation (the Minister Gazette
2: During the transition period, the following provisions of the Building Act 2004 section 22
a: section 212
b: section 215
3: During the transition period, none of the following persons is liable, and no proceeding may be brought against any of them, for any thing done or omitted to be done under the Building Act 2004 section 22(2)
a: the Minister:
b: the Minister of Local Government:
c: the Department of Conservation:
d: any employee or agent of the Department of Conservation.
93: Consequential and other amendments
1: Section 10B(3)(b) or a consent completion certificate
2: Section 10B(3)(c) or a consent completion certificate
3: Section 208(b) code compliance certificate consent completion certificate
4: Section 209(1)(b) 52 52E
5: Section 34(2) 34(1)(b) 35(1)(b) OIC Resource Management Act 1991 Local Government Act 2002 2012-03-13 Historic Places Act 1993
94: Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010 amended
1: This section amends the Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010
2: Regulation 6(2) (as amended by regulation 14)
3: Regulation 6
4: Regulation 10
5: Regulation 11
6: Regulation 12(3)
7: Regulation 14 2012-03-13 Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010
95: Transitional provisions
1: In this section, commencement date
2: This section applies to—
a: an application for a building consent or a code compliance certificate that was made under the Building Act 2004
b: a building consent that was issued under the Building Act 2004
c: a code compliance certificate that was issued under the Building Act 2004
3: On and after the commencement date,—
a: an application for a building consent to which this section applies must be treated as if it were an application for a standard building consent:
b: an application for a code compliance certificate to which this section applies must be treated as if it were an application for a consent completion certificate:
c: a building consent to which this section applies must be treated as if it were a standard building consent:
d: a code compliance certificate to which this section applies must be treated as if it were a consent completion certificate.