Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698838642090.pdf (New Zealand)
2014/362 Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2014 Jerry Mateparae, Governor-General Order in Council At Wellington this 1st day of December 2014 Present: The Right Hon John Key presiding in Council Pursuant to section 402 of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Building and Housing, makes the following regulations.
Contents 1 2 3 4 Title Commencement Principal regulations Schedule 1 replaced Schedule Schedule 1 replaced Page 2 2 2 2 2 1 r 1 1 2 3 4 Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2014 2014/362 Regulations Title These regulations are the Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2014.

Commencement These regulations come into force on 1 January 2015.
Principal regulations These regulations amend the Building (Infringement Of- fences, Fees, and Forms) Regulations 2007 (the principal regulations).

Schedule 1 replaced Replace Schedule 1 with the Schedule 1 set out in the Schedule of these regulations.
Schedule Schedule 1 replaced Schedule 1 Infringement offences and fees Description of offence General building offences Failing to comply with the requirement that build- ing work must be carried out in accordance with a building consent Failing to apply for a certificate of acceptance for urgent building work as soon as practicable after completion of building work Person who is not licensed building practitioner carrying out restricted building work without supervision of licensed building practitioner with appropriate licence Licensed building practitioner carrying out re- stricted building work without appropriate licence r 4 rr 3, 4 Fee ($) 1,000 500 750 500 Provision of Building Act 2004 s 40 s 42 s 85(1) s 85(2)(a) 2 2014/362 Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2014 Schedule Provision of Building Act 2004 s 85(2)(b) s 101 s 108(5)(aa) s 108(5)(a) s 108(5)(b) s 108(5)(c) s 116B(1)(a) s 116B(1)(b) s 124 s 128A(2) s 168 s 314(1) s 362D(4) s 362F(4) s 362T(4) s 363 s 367 Schedule 1—continued Description of offence Licensed building practitioner supervising re- stricted building work without appropriate licence Failing to comply with the requirement to obtain a compliance schedule Failing to supply territorial authority with a build- ing warrant of fitness Failing to display a building warrant of fitness re- quired to be displayed Displaying a false or misleading building warrant of fitness Displaying a building warrant of fitness other than in accordance with section 108
 Using, or knowingly permitting the use of, a build- ing for a use for which it is not safe or not sanitary Using, or knowingly permitting the use of, a build- ing that has inadequate means of escape from fire Failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous, earthquake-prone, or insanitary building Using or occupying a building, or permitting an- other person to do so, contrary to a territorial au- thority’s hoarding, fence, or notice
 Failing to comply with a notice to fix Person holding himself or herself out as being li- censed to do or supervise building work or building inspection work while not being so licensed Failing to provide prescribed disclosure informa- tion Failing to provide prescribed checklist Failing to have a written contract as prescribed Failing to provide prescribed information or docu- mentation to specified persons Using, or permitting use of, building having no consent or code compliance certificate or certificate for public use for premises for public use Wilfully obstructing, hindering, or resisting a per- son executing powers conferred under the Act or its regulations Fee ($) 500 250 250 250 1,000 1,000 1,500 2,000 1,000 2,000 1,000 500 500 500 500 500 1,500 500 3 Explanatory note Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2014 2014/362 Schedule 1—continued Provision of Building Act 2004 s 368 s 134C s 138 s 140 s 145 s 150(4)(a) s 150(4)(b) s 150(4)(c) s 154 Description of offence Wilfully removing or defacing a notice published under the Act or inciting another person to do so Dam safety offences Dam owner failing to classify a dam Dam owner failing to comply with a direction from a regional authority to have a classification re-au- dited and submitted Dam owner failing to prepare, or to arrange the preparation of, a dam safety assurance programme and submit it for audit Dam owner failing to comply with a direction from a regional authority to
 have a dam safety assurance programme re-audited and submitted Dam owner knowingly failing to display a dam compliance certificate required to be displayed Dam owner displaying a false or misleading dam compliance certificate Dam owner displaying a dam compliance certifi- cate otherwise than in accordance with section 150 Dam owner failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous dam Fee ($) 500 500 250 500 250 250 1,000 1,000 2,000
 Michael Webster, Clerk of the Executive Council.
Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 January 2015, amend the Building (Infringement Offences, Fees, and Forms) Regulations 2007 (the principal regulations) to update the infringement offences and fees prescribed in Schedule 1.
4 2014/362 Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2014 Explanatory note The regulations prescribe 4 new infringement offences in relation to— • section 108(5)(aa) of the Building Act 2004 (the Act) for fail- ing to supply a territorial authority with a building warrant of fitness as required by that section: section 362D of the Act for failing to provide a prescribed checklist or the prescribed disclosure information to a client before entering into a contract for residential building work: section 362F of the Act for failing to have a written contract for residential building work where the price is $30,000 or more: section 362T of the Act for failing to provide information or documentation that is required to be provided to a client and a territorial authority on completion of residential building work.
• • • In addition, the regulations make 2 consequential changes as a re- sult of the Building Amendment Act 2013.

The offences previously prescribed in sections 128 and 134 of the Act are now prescribed in sections 128A(2) and 134C respectively.

These regulations update the principal regulations to reflect those changes.
Regulatory impact statement The Ministry of Business, Innovation, and Employment produced regulatory impact statements in July and November 2010 to help in- form the decisions taken by the Government relating to the contents of this instrument.

Copies of these regulatory impact statements can be found at— • • http://www.dbh.govt.nz/ris-building-act-review http://www.dbh.govt.nz/ris-bar-consumer-protection Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 4 December 2014.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 5