Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698839022911.pdf (New Zealand)
1 Title Building Act 2004 Public Act Date of assent 2004 No 72 24 August 2004 Contents Part 1 Preliminary provisions Subpart 1—General Commencement Purpose and principles Commencement Purpose Principles to be applied in performing functions or duties, or exercising powers, under this Act Overview Overview Application of Act to the Crown Act binds the Crown Subpart 2—Interpretation General Interpretation Meaning of building Building: what it means and includes Building: what it does not include Meaning of allotment 10 Meaning of allotment Subpart 3—Outline of regulatory roles under this Act 11 Role of chief executive Page 23 23 23 24 26 27 28 38 39 40 41 1 Building Act 2004 Reprinted as at 24 August 2004 12 13 14 Role of building consent authority and territorial authority Role of regional authority Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams Part 2 Building Subpart 1—Preliminary 15 Outline of this Part Subpart 2—Building code Requirement to comply with building code 16 17 18 Building code: purpose All building work must comply with building code Building work not required to achieve performance criteria additional to or more restrictive than building code Establishing compliance with building code 19 How compliance with building code is established Regulations may specify only 1 means of complying with building code Regulations may specify that there is only 1 means of complying with building code What happens if regulations specifying that there is only 1 means of complying with building code are made or not made Compliance documents Compliance document for use in establishing compliance with building code Effect of compliance documents Chief executive may amend or revoke compliance documents Content of compliance document Compliance documents to be available on Ministry’s website Warnings and bans Chief executive may issue warning about, or ban use of, building methods or products Offence to use building method or product in breach
 of ban under section 26 25A 26 27 2 42 43 44 45 46 46 47 47 48 48 49 49 49 49 50 51 51 Reprinted as at 24 August 2004 Building Act 2004 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Limits on certain powers of building consent authority in cases involving bans under section 26 Procedural requirements for compliance documents, warnings, and bans Procedural requirements for compliance documents, warnings, and bans Procedural requirements for urgent compliance documents, warnings, and bans Subpart 3—Building work­Project information memoranda and building consents Project information memoranda Building consent authority must apply for project information memorandum Owner may apply for project information memorandum Content of application Issue of project information memorandum Content of project information memorandum Territorial authority may attach development contribution notice to project information memorandum Territorial authority must attach additional certiﬁcate to project information memorandum Territorial authority must give copy of project information memorandum in certain circumstances Territorial authority must advise New Zealand Historic Places Trust in certain circumstances Building consents Buildings not to be constructed, altered, demolished, or removed without consent Building consent not required in certain cases Owner must apply for certiﬁcate of acceptance if building work carried out urgently Building consent
 not required for energy work When to apply for building consent How to apply for building consent Copy of certain applications for building consent must be provided to New Zealand Fire Service Commission New Zealand Fire Service Commission may give advice on applications under section 46 Processing application for building consent Grant of building consent 52 52 54 54 55 55 56 56 58 58 59 59 59 60 60 61 61 62 63 64 64 65 3 Building Act 2004 Reprinted as at 24 August 2004 Refusal of application for building
 consent Issue of building consent Lapse of building consent Building levy Applicant for building consent liable to pay levy Building consent authority must advise applicant of amount of levy payable Exemption from levy Payment of levy sufﬁcient unless estimated value of building work changes Payment of levy if building work completed in stages Liability to pay levy: building consent authority Liability to pay levy: territorial authority Territorial authority may retain part of levy Chief executive may recover unpaid levies from territorial authority Territorial authority may recover unpaid levies from applicant for building consent Chief executive may obtain information in order to assess amount of levy payable Audit of issue of building consents for purpose of ascertaining payment of levy Chief executive may enter into agreements for auditing certain information Chief executive must review levy Waivers and modiﬁcations Territorial authority may grant building consent subject to waivers or modiﬁcations of building code Territorial authority must notify chief executive if waiver or modiﬁcation granted Waiver or modiﬁcation may only be granted by chief executive in certain cases Applications relating to energy work Limitations and restrictions on building consents: Construction of building on land subject to natural hazards Building on land subject to natural hazards Building consent for building on land subject to natural hazards must be granted in certain cases
 Conditions on building consents granted under section Reprinted as at 24 August 2004 Building Act 2004 74 Steps after notiﬁcation Limitations and restrictions on building consents: Construction of building on 2 or more allotments Construction of building on 2 or more allotments Exemption from section 75 Building consent must not be granted until condition is
 imposed under section 75 Registrar­General of Land must record entry on certiﬁcate of title when certiﬁcate is lodged under section 77 Effect of entry recorded on certiﬁcate of title Certiﬁcates of title for 2 or more allotments subject to registered instrument Mortgage, charge, or lien has priority over registered instrument Registrar­General of Land may require preparation of plan Owner may apply for entry to be removed Subpart 4—Requirements for building work Restricted building work must be carried out or supervised by licensed building practitioners Licensed building practitioner must carry out or supervise restricted building work Offences relating to carrying out or supervising restricted building work Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner Owner must notify names of licensed building practitioners engaged in restricted building work Licensed building practitioner to certify restricted building work Other provisions relating to building work generally Licensed building practitioner must notify building consent authority of breaches of building consent Inspections by building consent authorities Building Act 2004 Reprinted as at 24 August 2004 Subpart 5—Code compliance certiﬁcates, certiﬁcates of acceptance, and compliance schedules Code compliance certiﬁcates Building
 consent authority that grants building consent to issue code compliance certiﬁcate Application for code compliance certiﬁcate Time in which building consent authority must decide whether to issue code compliance certiﬁcate Matters for consideration by building consent authority in deciding issue of code compliance certiﬁcate Issue of code compliance certiﬁcate Certiﬁcates of acceptance Territorial authority may issue certiﬁcate of acceptance in certain circumstances How to apply for certiﬁcate of
 acceptance Processing application for certiﬁcate of acceptance Issue of certiﬁcate of acceptance Compliance schedules Requirement for compliance schedule Owner must comply with requirement for compliance schedule Compliance schedule must be issued with code compliance certiﬁcate in certain cases Content of compliance schedule Building consent authority must notify territorial authority of issue of compliance schedule Obligations of owner if compliance schedule is issued Application by owner for amendment to compliance schedule Territorial authority may amend compliance schedule on own initiative Annual building warrant of ﬁtness Annual building warrant of ﬁtness Territorial authority must consider recommendation to amend compliance schedule Owner must obtain reports on compliance schedule Inspections by territorial authority Alterations to existing buildings 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Alterations to existing buildings 6 85 86 87 88 89 89 90 91 91 92 92 93 93 94 94 95 95 96 97 98 98 99 Reprinted as at 24 August 2004 Building Act 2004 113 Buildings with speciﬁed intended lives Change of use, extension of life, and subdivision of buildings 114 Owner must give notice of change of use, extension of life, or subdivision of buildings Code compliance requirements: change of use Code compliance requirements: extension of life 115 116 116A Code compliance requirements: subdivision 116B Offence to use building for use for
 which it is not safe or not sanitary, or if it has inadequate means of escape from ﬁre Access to buildings by persons with disabilities 117 118 119 120 Deﬁnition for sections 118 to 120 Access and facilities for persons with disabilities to and within buildings Compliance document for requirements of persons with disabilities Access symbol must be displayed Subpart 6—Special provisions for certain categories of buildings Deﬁnitions of dangerous, earthquake­prone, and insanitary buildings 121 Meaning of
 dangerous building 122 Meaning of earthquake­prone building 123 Meaning of insanitary building Powers of territorial authorities in respect of dangerous, earthquake­prone, or insanitary buildings 124 125 126 127 128 Powers of territorial authorities in respect of dangerous, earthquake­prone, or insanitary buildings Requirements for notice given under section 124 Territorial authority may carry out work Building work includes demolition of building Prohibition on using dangerous, earthquake­prone, or insanitary building 129 Measures to avoid immediate danger or to ﬁx insanitary 130 conditions Territorial authority must apply to District Court for conﬁrmation of warrant 100 100 101 101 102 102 103 103 104 105 105 105 106 106 107 108 108 108 109 109 7 Building Act 2004 Reprinted as at 24 August 2004 Policy on dangerous, earthquake­prone, and insanitary buildings 131 132 Territorial authority must adopt policy on dangerous, earthquake­prone, and insanitary buildings Adoption and review of policy Application of subpart to dams 133 Application of this subpart to dams Subpart 7—Safety of dams Classiﬁcation of dams Owner must classify dam Owner must provide classiﬁcation of, and certiﬁcate for, dam to regional authority Regional authority must decide whether to approve or refuse dam classiﬁcation Dam classiﬁcation provided to regional authority by accredited dam owner deemed to have been approved Regional authority must require re­audit of dam classiﬁcation that it refuses to
 approve Owner must review dam classiﬁcation Dam safety assurance programmes Requirement for dam safety assurance programme Content of dam safety assurance programme Owner must provide dam safety assurance programme to regional authority Regional authority must decide whether to approve or refuse dam safety assurance programme Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved Regional authority must require re­audit of dam safety assurance
 programme that it refuses to approve Review of dam safety assurance programme Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme Obligations of owner in relation to dam safety assurance programme 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Who is recognised engineer 149 Who is recognised engineer 8 110 110 111 111 112 112 112 113 113 114 114 115 115 116 116 117 117 118 118 Reprinted as at 24 August 2004 Building Act 2004 Dam compliance certiﬁcate 150 151 152 Owner of dam must supply annual dam compliance certiﬁcate Register of dams Information to be provided to chief executive Dangerous dams 153 Meaning of dangerous dam 154 Powers of regional authorities in respect of dangerous dams Requirements for notice given under section 154 Regional authority may carry out work 155 156 157 Measures to avoid immediate danger 158 Regional authority must apply to District Court for conﬁrmation of warrant Building work includes decommissioning and demolition of dam Power of regional authority not limited Policy on dangerous dams Regional authority must adopt policy on dangerous dams Adoption and review of policy Subpart 8—Notices to ﬁx Deﬁnitions for this subpart Issue of notice to ﬁx Form and content of notice to ﬁx Special provisions for notices to ﬁx from building consent authority Inspection of building work under notice to ﬁx Offence not to comply with notice to ﬁx Part 3 Regulatory responsibilities and accreditation
 Subpart 1—Responsibilities of chief executive Functions, duties, and powers of chief executive generally Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister Chief executive must consult in performing certain functions Building Act 2004 Reprinted as at 24 August 2004 171 Chief executive may seek advice from
 building advisory panel Appointment of building advisory panel Function of panel Chief executive must report on panel’s operation Chief executive may publish guidance information 172 173 174 175 176 Meaning of party 177 178 179 180 181 Application for determination Requirements for application for determination Chief executive may refuse application for determination Application for determination may be withdrawn Chief executive may make determination on own initiative No proceedings until determination made Decision or exercise of power suspended until determination made Chief executive must decide whether to make determination 185 When determination must be completed 186 187 Procedure for determination Chief executive may engage persons to assist with determination Determination by chief executive Clariﬁcation of determination Parties’ costs Power of chief executive to register persons as building consent authorities or regional authorities for purposes of this Act Chief executive may enter person’s name in register of building consent authorities Criteria for registration Effect of registration Application for registration Chief executive must decide application for registration Registration continuous so long as person meets criteria for registration Consequences of failure to meet criteria for registration Effect of suspension Offence for person to perform functions of building consent authority or regional authority if person not registered, etc Complaints
 about building consent authorities Reprinted as at 24 August 2004 Building Act 2004 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 Chief executive may conduct investigation on own initiative Procedure if chief executive proceeds to investigate complaint or matter Disciplinary powers of chief
 executive Further powers of chief executive Special powers of chief executive for monitoring performance of functions under this Act Limits on power to enter land or building Chief executive must supply warrant Duties of person supplied with warrant Appeal from chief executive’s decisions Appeals to District Court Procedure for commencing appeal Steps after appeal is commenced Powers of District Court on appeal Subpart 2—Responsibilities of territorial authorities Functions, duties, and powers of territorial authorities generally Territorial authority must act as building consent authority for its district Territorial authority may make arrangements relating to functions of building consent authority How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority Territorial authority must gain accreditation and be registered Territorial authority must keep information about buildings Access to certain information kept by territorial authority Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive’s function under section 169 Territorial authority may impose fee or charge and must collect levy 145 146 146 148 149 150 150 150 151 151 152 153 154 154 154 155 156 157 157 11 Building Act 2004 Reprinted as at 24 August 2004 Power of territorial authority to carry out building work on default 220 221 Territorial authority may carry out building work on default Recovery of costs when territorial authority carries out work on default Powers of territorial authority to carry out inspections and enter land Inspections by territorial authority 222 223 Duty to assist inspections 224 Warrant must be produced 225 226 227 228 Offence to impersonate authorised ofﬁcer Restriction on entry to household unit District Court may authorise entry to household unit Authorised ofﬁcer must give notice to occupier of household unit Enforcement powers of territorial
 authority Authorisation of enforcement ofﬁcers Conditions of authorisation Offence to impersonate enforcement ofﬁcer Delegation of power Delegation of powers by territorial authority and its ofﬁcers Transfer of functions, duties, or powers of territorial authority Transfer of functions, duties, or powers of territorial authority Procedure for transfer Territorial authorities may agree on terms of transfer Effect of transfer Subpart 3—Responsibilities of building consent authority that is not territorial authority Application of subpart Duties of building consent authority Building consent authority must provide information to chief executive Building consent authority may impose fee or charge and must collect levy Reprinted as at 24 August 2004 Building Act 2004 241 242 243 244 245 246 247 Subpart 4—Responsibilities of regional authorities Functions, duties, and powers of regional authorities generally Regional authority must gain accreditation and be registered Regional authority must provide information to chief executive Regional authorities may impose fee or charge and recover costs, and must collect levy Transfer of functions, duties, and powers of regional authority Transfer of functions, duties, and powers of regional authority Procedure for transfer Regional authorities may agree on terms of transfer Effect of transfer
 Subpart 5—Responsibilities of building consent accreditation body Appointment of building consent accreditation body 248 Chief executive may appoint building consent accreditation body 168 168 168 169 169 169 170 170 Requirements for building consent accreditation body 249 Requirements for building consent accreditation body 171 Accreditation of building consent authorities or regional authorities Accreditation Criteria for accreditation Scope of accreditation of building consent authority that is not
 territorial authority Application for accreditation Revocation of accreditation Building consent accreditation body must notify chief executive of grant and revocation of accreditation 250 251 252 253 254 255 171 171 171 172 172 173 13 Building Act 2004 Reprinted as at 24 August 2004 Subpart 6—Responsibilities of dam owner accreditation body Appointment of dam owner accreditation body 256 Chief executive may appoint dam owner accreditation body Requirements for dam owner accreditation body 257 Requirements for dam owner accreditation body Accreditation of dam owners 258 259 260 Accreditation Revocation of accreditation Dam owner accreditation body must notify chief executive of grant and revocation of accreditation Subpart 7—Responsibilities of product certiﬁcation accreditation body Appointment of product certiﬁcation accreditation body 261 Chief executive may appoint product certiﬁcation accreditation body 173 174 174 174 175 175 Requirements for product certiﬁcation accreditation body 262 Requirements for product certiﬁcation accreditation body 176 263 264 265 266 267 268 269 270 271 272 Accreditation of product certiﬁcation bodies Accreditation Criteria for accreditation Application for accreditation Revocation of accreditation Product certiﬁcation accreditation body must notify chief executive of grant or revocation of accreditation Certiﬁcation of building methods or products Application for product certiﬁcate Issue of product certiﬁcate Annual review of product
 certiﬁcate Revocation of product certiﬁcate Product certiﬁcation body must notify chief executive of issue and revocation of certiﬁcate Subpart 8—Miscellaneous responsibilities Chief executive must keep registers 273 Chief executive must keep registers 14 176 176 177 177 178 178 178 179 179 180 180 Reprinted as at 24 August 2004 Building Act 2004 274 275 Purpose of registers Content of register of building consent authorities Chief executive may review territorial authorities 276 Review of territorial
 authorities Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority 277 278 279 280 281 Non­performance by territorial authority Criteria for appointment or renewal of appointment Effect of appointment Costs may be recovered from territorial authority Requirements for appointment Part 4 Regulation of building practitioners Subpart 1—Preliminary Deﬁnitions 282 Deﬁnitions for this Part General procedure of Board and Registrar under this Part 283 284 Speciﬁed procedure for making decisions Other procedure for making decisions Subpart 2—Licensing and disciplining of building practitioners Classes of licences 285 Classes of licences may be designated by regulations 286 287 288 289 290 291 How to become licensed Entitlement to licence Applications for licence Registrar to license applicant or decline application Provisions relating to licences Duty to produce evidence of issue of licence Term of licence Automatic licensing of certain professions Automatic licensing of people registered under other enactments 181 182 182 183 183 184 184 184 185 186 186 186 187 187 187 188 188 188 15 Building Act 2004 Reprinted as at 24 August 2004 Continuation of licensing 292 293 Licensed building practitioner must meet applicable minimum standards for licensing to continue to be licensed Consequences of failure to meet applicable minimum standards for licensing Cancellation and suspension of licence Cancellation of licence 294
 295 Mandatory suspension of licence Voluntary suspension of licence 296 Effect of suspension of licence 297 Register of licensed building practitioners Register of licensed building practitioners Purpose of register Form of register 298 299 300 301 Matters to be contained in register Updates of register 302 303 304 Obligation to notify Registrar of change in circumstances Registrar must contact licensed building practitioners on annual basis Alterations to register Searches of register Search of register
 Search criteria Search purposes 305 306 307 308 When search constitutes interference with privacy of 309 310 311 312 313 individual Search fees Registrar of Licensed Building Practitioners Appointment of Registrar of Licensed Building Practitioners Functions of Registrar Power of Registrar to delegate Certiﬁcate of Registrar to be conclusive evidence Offences relating to licensing 314 Offences relating to licensing 189 189 189 190 190 191 191 191 192 192 193 193 194 194 195 195 195 195 195 195 196 196 197 16 Reprinted as at 24 August 2004 Building Act 2004 Discipline 315 316 317 318 319 320 Complaints about licensed building practitioners Board must investigate complaints Grounds for discipline of licensed building practitioners Disciplinary penalties Non­payment of ﬁnes or costs Payment and application of charges, ﬁnes, and other money Powers and procedure of Board on disciplinary matters Board must act independently Board may hear evidence for disciplinary matters Issuing of summons by Board Service of summons 321 322 323 324 325 Witnesses’ fees, allowances, and expenses 326 Failure to comply with summons 327 Witness and counsel privileges Enforcement of actions 328 Certiﬁcate of Board to be conclusive evidence 329 Appeal from decisions Right of appeal Time in which appeal must be brought 330 331 332 Method of bringing appeal 333 334 335 336 337 338 339 340 Notice of right of appeal Actions to have effect pending determination of appeal Procedure on appeal
 Appeal authority’s decision ﬁnal Appeal authority may refer matter back for reconsideration Orders as to costs Orders as to publication of names Appeal on question of law Subpart 3—Building Practitioners Board Establishment of Board 341 342 343 344 345 346 Establishment of Board Capacity and powers Board’s functions Composition of Board Criteria for appointment Further provisions relating to Board and its members 197 198 198 199 200 200 201 201 201 202 202 203 203 204 204 204 204 204 205 205 205 205 205 206
 206 207 207 207 207 208 208 208 17 Building Act 2004 Reprinted as at 24 August 2004 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 Reporting by Board Obligation to prepare annual report Form and content of annual report Obligation for Board to provide annual report to Minister Board to publish reports Annual reports to be presented to House of Representatives Power of Minister to require information relating to affairs of Board Rules Rules relating to licensed building practitioners Chief executive to prepare proposed rules Particular requirements for preparation of rules containing LBP standards Rules to be approved by Board Revision of rules Approval of revised rule Requirements of sections 355 to 358 relate to amendments and revocations by Board Rules to be approved by Minister Rules made when approved by Minister Status of rules Part 5 Miscellaneous provisions Subpart 1—Other offences and criminal proceedings Offence relating to building control 362A Premises in respect of which duty arises under section 363 363 Protecting safety of members of public using premises open to public or intended for public use 363A Public use of premises may be allowed before issue of code compliance certiﬁcate in some circumstances 363B Application of section 363 to building work where consent granted, or work begun, before 31 March 2005 363C Section 363 does not apply to building work commenced 364 before commencement of Building Act 1991 Offence for residential
 property developer to transfer household unit without code compliance certiﬁcate 208 208 209 209 209 209 210 211 211 211 211 212 212 212 212 213 213 213 214 215 216 216 18 Reprinted as at 24 August 2004 Building Act 2004 365 366 367 368 369 370 371 372 373 374 Offences relating to administration of Act Offence to fail to comply with direction of authorised person Offence to impersonate building consent authority or regional authority, etc Offence to obstruct execution of powers under this Act
 Miscellaneous offences Offence to remove or deface notices Offence to make false or misleading statement Proceedings for infringement offences Interpretation Proceedings for infringement offences Issue of infringement notices Form of infringement notices Payment of infringement fees Proceedings for offences generally Prosecution of offences Offences punishable on summary conviction Laying information Time limit for laying information Offence under more than 1 enactment 375 376 377 378 379 380 What constitutes continuing offence 381 District Court may grant injunctions for certain continuing breaches Terms of injunction or order District Court may direct chief executive to make determination District Court may grant interim injunctions Application of section 381 to Crown organisation Liability of principal for acts of agents Liability for acts of employees or agents of Crown organisations Strict liability and defences Fines to be paid to territorial authority or regional authority instituting prosecution Subpart 2—Civil proceedings and defences Civil proceedings may not be brought against chief executive, employees, etc Civil proceedings against building consent authorities Building Act 2004 Reprinted as at 24 August 2004 392 393 Building consent authority not liable Limitation defences Subpart 3—Miscellaneous Service
 of notices Service of notices Notices in relation to Maori land Implied terms of contracts Application of sections 397 to 399 Implied warranties for building work in relation to household units Proceedings for breach of warranties may be taken by person who was not party to contract for building work Person may not give away beneﬁt of warranties Regulations Regulations: building code Regulations: acceptable solutions, veriﬁcations, etc, that must be complied with in order to comply with building code
 Regulations: general Consultation requirements for making regulations Certain regulations must not come into force earlier than speciﬁed date Incorporation of material by reference Incorporation of material by reference into regulations and compliance document Effect of amendments to, or replacement of, material incorporated by reference Proof of material incorporated by reference Effect of expiry of material incorporated by reference Requirement to consult Access to material incorporated by reference Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Application of Standards Act 1988 not affected 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 Amendments to other enactments Amendments and repeal 20 228 229 230 231 231 231 232 233 233 234 234 237 238 239 239 240 240 240 242 243 244 244 244 Reprinted as at 24 August 2004 415 Repeal Building Act 2004 Subpart 4—Transitional provisions Outline of transitional provisions 416 Outline of transitional provisions No compensation for loss of ofﬁce 417 No compensation for loss of ofﬁce 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 Dissolution of Authority Authority dissolved Assets and liabilities vest in Crown Protection from civil liability for members, building referees, and employees of Authority continued Restriction of
 compensation for technical redundancy Reappointment of employee of Authority to Ministry Final reports and accounts References to Authority Proceedings of Authority Validations Validation of levy Validation of past expenditure of levy Validation of accumulation of levy Other transitional provisions Transitional provision for matters of doubt or dispute relating to building control under former Act Transitional provision for building levy under former Act Transitional provision for rate of building levy
 under this Act Transitional provision for certain applications Transitional provision for building consents granted under former Act Transitional provision for certain entries on certiﬁcates of title made under former Act Transitional provision for notices issued under former Act Transitional provision for code compliance certiﬁcates in respect of building work carried out under building consent granted under former Act Transitional provision for issue of certiﬁcate of acceptance Transitional provision for code compliance certiﬁcates and compliance schedules issued under former Act 244 245 246 246 246 246 247 247 248 248 248 249 249 249 249 250 250 250 251 251 252 252 253 253 21 Building Act 2004 Reprinted as at 24 August 2004 439 440 441 Transitional provision for document used in establishing compliance with building code Transitional provision for applications for approval as building certiﬁer under former Act Transitional provision for applications for continuation or renewal of approval as building certiﬁer under former Act 442 Meaning of approved building certiﬁer 443 Approved building certiﬁers have until 31 May 2006 to apply to be registered as building consent authority 444 What happens if approved building certiﬁer applies to be registered as building consent authority by 31 May 2006 445 What happens if approved building certiﬁer does not apply to be registered as building consent authority by 31 May 2006 Certain provisions of former Act apply for
 purposes of sections 444 and 445 Transitional provision for certiﬁcate of accreditation issued under former Act Transitional provision for proceedings under former Act Territorial authorities and regional authorities must apply to be registered by 31 May 2006 Territorial authority may act as building consent authority during transition to this Act 446 447 448 449 450 451 Chief executive must review building code Review of building code Schedule 1 Exempt building work Schedule 2 Buildings in respect of which
 requirement for provision of access and facilities for persons with disabilities applies Schedule 3 Further provisions applying to Board Schedule 4 Enactments amended 255 255 256 256 256 256 257 257 258 258 258 259 259 260 262 263 273 22 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 3 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Building Act 2004.
Part 1 Preliminary provisions Subpart 1—General Commencement 2 (1) (2) (3) 3 Commencement The following provisions come into force on 30 November 2004: (a) (b) (c) (d) (e) (f) section 1: Part 1 (except sections 12 to 14): sections 131 and 132: subpart 1 of Part 3: Part 4: Part 5 (except sections 414 and 415, 429 to 448, and 450): Schedule 3.

(g) The rest of this Act comes into force on 31 March 2005 (except sections 45(1)(e) and 45(2) to 45(4) and 84 to 89).
Sections 45(1)(e) and 45(2) to 45(4) and 84 to 89 come into force on 30 November 2009.
Purpose and principles Purpose The purpose of this Act is to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance stan­ dards for buildings, to ensure that— (a) people who use buildings can do so safely and without endangering their health; and buildings have attributes that contribute appropriately to the health, physical independence, and well­being of the people who use them; and (b) 23 Part 1 s 4 Building Act 2004 Reprinted as at 24 August 2004 (c) (d) people who use a building can escape from the building if it is on ﬁre; and buildings are designed, constructed, and able to be used in ways that promote sustainable development.
Compare: 1991 No 150 s 6(1) Principles to be applied in performing functions or duties, or exercising powers, under this Act This section applies to— (a) (b) (c) the Minister; and the chief executive; and a territorial authority or regional authority (but only to the extent that the territorial authority or regional au­ thority is performing functions or duties, or exercising powers, in relation to the grant of waivers or modiﬁca­ tions of the building code and the adoption and review of policy on dangerous, earthquake­prone, and insani­ tary buildings or, as the case may be, dangerous dams).
In achieving the purpose of this Act, a person to whom this section applies must take into account the following princi­ ples that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act: (a) when dealing with any matter relating to 1 or more household units,— (i) the role that household units play in the lives of the people who use them, and the importance of— (A) the building code as it relates to household units; and the need to ensure that household units comply with the building code: (B) (ii) (iii) the need to ensure that maintenance requirements of household units are reasonable: the desirability of ensuring that owners of house­ hold units are aware of the maintenance require­ ments of their household units: (b) the need to ensure that any harmful effect on human health resulting from the use of particular building 4 (1) (2) 24 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 4 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) methods or products or of a particular building design, or from building work, is prevented or minimised: the importance of ensuring that each building is durable for its intended use: the importance of recognising any special traditional and cultural aspects of the intended use of a building: the costs of a building (including maintenance) over the whole of its life: the importance of standards of building design and construction in achieving compliance with the building code: the importance of allowing for continuing innovation in methods of building design and construction: the reasonable expectations of a person who is author­ ised by law to enter a building to undertake rescue op­ erations or ﬁreﬁghting to be protected from injury or illness when doing so: the need to provide protection to limit the extent and effects of the spread of ﬁre, particularly with regard to— household units (whether on the same land or on (i) other property); and other property: (ii) the need to provide for the protection
 of other property from physical damage resulting from the construction, use, and demolition of a building: the need to provide, both to and within buildings to which section 118 applies, facilities that ensure that rea­ sonable and adequate provision is made for people with disabilities to enter and carry out normal activities and processes in a building: the need to facilitate the preservation of buildings of signiﬁcant cultural, historical, or heritage value: the need to facilitate the efﬁcient use of energy and en­ ergy conservation and the use of renewable sources of energy in buildings: the need to facilitate the efﬁcient and sustainable use in buildings of— (i) materials (including materials that promote or support human health); and 25 Part 1 s 5 Building Act 2004 Reprinted as at 24 August 2004 (o) (p) (ii) material conservation: the need to facilitate the efﬁcient use of water and water conservation in buildings: the need to facilitate the reduction in the generation of waste during the construction process.
Compare: 1991 No 150 s 6(2) Overview Overview This Act replaces the Building Act 1991.
In this Act,— (a) (b) (c) this Part deals with preliminary matters, including— the purpose of this Act: (i) interpretation: (ii) the application of this Act to the Crown: (iii) Part 2 and Schedules 1 and 2 deal with matters relating to the building code and building control, including— the requirements relating to building work (for (i) example, the requirement for a building consent): the requirements relating to the use of buildings (for example, the requirement for a compliance schedule or the provisions relating to access to buildings by persons with disabilities): provisions for certain categories of buildings (in­ cluding dangerous, earthquake­prone, or insani­ tary buildings): provisions for the safety of dams: (iii) (ii) (iv) Part 3— (i) (ii) (iii) sets out the main functions, duties, and powers of the chief executive, territorial authorities, build­ ing consent authorities, and regional authorities under this Act: empowers the chief executive to register build­ ing consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3: provides for the appointment of a building con­ sent accreditation body and the accreditation of building consent authorities: 5 (1) (2) 26 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 6 (iv) (v) (vi) provides for the appointment of a dam owner accreditation body and the accreditation of dam owners: provides for the appointment of a product certi­ ﬁcation accreditation body and the accreditation of product certiﬁcation bodies:
 sets out a process for the certiﬁcation of building methods or products: (d) (e) Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the establishment of the Building Practitioners Board, and the making of rules relating to licensed building practi­ tioners: Part 5 and Schedule 4 deal with miscellaneous matters that underpin the substantive provisions of this Act, in­ cluding— (i) (ii) offences and criminal proceedings: implied terms of contracts that provide for build­ ing work to be carried out in relation to household units: regulation­making powers: amendments to other enactments and the repeal of the Building Act 1991: transitional provisions.
(iii) (iv) (v) (3) 6 (1) (2) This section is intended only as a guide to the general scheme and effect of this Act.

Subsection (2)(c)(ii) was amended, as from 14 April 2005, by section 16(2)(a) Building Amendment Act 2005 (2005 No 31) by omitting the words “and regional authorities”.

Application of Act to the Crown Act binds the Crown This Act binds the Crown except as provided in subsections (2) to (4).
This Act does not apply to a Crown building or Crown building work if the Minister of Defence certiﬁes in writing that the building or building work is necessary for reasons of national security.
27 Part 1 s 7 Building Act 2004 Reprinted as at 24 August 2004 (3) An instrument of the Crown may be prosecuted for an offence (c) against this Act only if— (a) (b) it is a Crown organisation; and the offence is alleged to have been committed by the Crown organisation; and the proceedings are commenced— (i) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(ii) (4) The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided for in subsection (3).
Compare: 1991 No 150 s 5 Subpart 2—Interpretation General Interpretation In this Act, unless the context otherwise requires,— acceptable solution means a solution that must be accepted as complying with the building code accredited dam owner means an owner of a dam who is ac­ credited under section 258 allotment has the meaning given to it by section 10 alter, in relation to a building, includes to rebuild, re­erect, repair, enlarge, and extend the building appurtenant structure, in relation to a dam, means a structure that is integral to the proper functioning of the dam Authority means the Building Industry Authority established under section 10(1) of the former Act Board has the meaning given to it by section 282 building has the meaning given to it by sections 8 and 9 building code means the regulations made under section 400 building consent means a consent to carry out building work granted by a building consent authority under section 49 7 28 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 7 building consent accreditation body means the person re­ ferred to in section 248(2) building consent authority means a person whose name is entered in the register referred to in section 273(1)(a) building levy means a levy payable under section 53 building method or product has the meaning given to it by section 20 building work — (a) means work— (i) (ii) for, or in connection with, the construction, alter­ ation, demolition, or removal of a building; and on an allotment that is likely to affect the
 extent to which an existing building on that allotment complies with the building code; and (b) (c) includes sitework; and includes design work (relating to building work) that is design work of a kind declared by the Governor­General by Order in Council to be restricted building work for the purposes of this Act; and in Part 4, and the deﬁnition in this section of supervise, also includes design work (relating to building work) of a kind declared by the Governor­General by Order in Council to be building work for the purposes of Part 4 building work: paragraph (b) of this deﬁnition was substituted, as from 14 April 2005, by section 3(1) Building Amendment Act 2005 (2005 No 31) (d) building work: paragraphs (c) and (d) of this deﬁnition were inserted, as from 14 April 2005, by section 3(1) Building Amendment Act 2005 (2005 No 31).
cable car — (a) means a vehicle— (i) (ii) (iii) that carries people or goods on or along an in­ clined plane or a suspended cable; and that operates wholly or partly outside of a build­ ing; and the traction for which is supplied by a cable or any other means; but (b) does not include a lift that carries people or goods be­ tween the ﬂoors of a building certiﬁcate of acceptance means a certiﬁcate issued under sec­ tion 96 29 Part 1 s 7 Building Act 2004 Reprinted as at 24 August 2004 chief executive means the chief executive of the Ministry code compliance certiﬁcate means a certiﬁcate issued by a building consent authority under section 95 compliance document has the meaning given to it by section 22 compliance schedule means a compliance schedule required under section 100 construct, in relation to a building, includes to design, build, erect, prefabricate, and relocate the building Crown organisation has the meaning given to it by section 4 of the Crown Organisations (Criminal Liability) Act 2002 dam— (a) means an artiﬁcial barrier, and its appurtenant struc­ tures, that— (i) is constructed to hold back water or other ﬂuid under constant pressure so as to form a reservoir; and is used for the storage, control, or diversion of water or other ﬂuid; and retains 3 or more metres depth, and holds 20 000 or more cubic metres volume, of water or other ﬂuid; and (ii) (iii) (b) (c) includes— (i) (ii) a ﬂood control dam; and a natural feature that has been signiﬁcantly modi­ ﬁed to function as a dam; and a canal; but
 (iii) does not include a stopbank designed to control ﬂood­ waters dam owner accreditation body means the person referred to in section 256 dam safety assurance programme means a dam safety assur­ ance programme prepared by an owner of a dam under section 140 determination means a determination made by the chief ex­ ecutive under subpart 1 of Part 3 30 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 7 employee includes,— (a) in relation to a Crown organisation, the chief executive or principal
 ofﬁcer (however described) of that organ­ isation; and in relation to the New Zealand Defence Force, a mem­ ber of the Armed Forces (as that term is deﬁned in sec­ tion 2(1) of the Defence Act 1990) (b) gasﬁtting; or prescribed electrical work employee: paragraph (a) of this deﬁnition was amended, as from 25 January 2005, by section 19(1) State Sector Amendment Act (No 2) 2004 (2004 No 114) by omitting the words “and any member of the senior executive service who works for that organisation”.
energy work means— (a) (b) energy work certiﬁcate means a certiﬁcate of the kind re­ ferred to in section 19(1)(e) enforcement ofﬁcer means an ofﬁcer of a territorial authority who is authorised, under section 229, to issue infringement notices under section 372 estimated value, in relation to building work, means the esti­ mated aggregate of the values, determined in accordance with section 10 of the Goods and Services Tax Act 1985, of all goods and services to be supplied for the building work falsework, in relation to building work or the maintenance of a building,— (a) means any temporary structure or framework used to support materials, equipment, or an assembly; and includes steel tubes, adjustable steel props, proprietary frames, or other means used to support a permanent structure until it becomes self­supporting; but does not include scaffolding or cranes used for support (c) ﬁre hazard means the danger of potential harm and degree of exposure arising from— (a) (b) the start and spread of ﬁre; and the smoke and gases that are generated by the start and spread of ﬁre (b) former Act means the Building Act 1991 31 Part 1 s 7 Building Act 2004 Reprinted as at 24 August 2004 functional requirements, in relation to a building, means those functions that the building is required to perform for the purposes of this Act gasﬁtting has the meaning given to it by section 2 of the Plumbers, Gasﬁtters, and Drainlayers Act 1976 household unit — (a) means a building or group of buildings, or part of a building or
 group of buildings, that is— (i) used, or intended to be used, only or mainly for residential purposes; and occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household; but (ii) (b) does not include a hostel, boardinghouse, or other spe­ cialised accommodation intended use, in relation to a building,— includes any or all of the following: (a) (i) any reasonably foreseeable occasional use that is not incompatible with the intended use: normal maintenance: activities
 undertaken in response to ﬁre or any other reasonably foreseeable emergency; but (ii) (iii) (b) does not include any other maintenance and repairs or rebuilding licensed building practitioner means a building practitioner whose name is, for the time being, entered in the register es­ tablished and maintained under section 298(1) means of escape from ﬁre, in relation to a building that has a ﬂoor area,— (a) means continuous unobstructed routes of travel from any part of the ﬂoor area of that building to a place of safety; and includes all active and passive protection features re­ quired to warn people of ﬁre and to assist in protecting people from the effects of ﬁre in the course of their es­ cape from the ﬁre (b) 32 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 7 Minister means the Minister of the Crown who, under the au­ thority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act Ministry means the department of State that, with the author­ ity of the Prime Minister, is responsible for the administration of this Act natural hazard has the meaning given to it by section 71 network utility operator means a person who— (a) undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, or geothermal energy; or operates or proposes to operate a network for the pur­ pose of— (i) telecommunication as deﬁned in section 5 of the
 Telecommunications Act 2001; or radiocommunications as deﬁned in section 2(1) of the Radiocommunications Act 1989; or (ii) is an electricity operator or electricity distributor as de­ ﬁned in section 2 of the Electricity Act 1992 for the pur­ pose of line function services as deﬁned in that section; or undertakes or proposes to undertake the distribution of water for supply (including irrigation); or undertakes or proposes to undertake a drainage or sew­ erage system (b) (c) (d) (e) notice to ﬁx has the meaning given to
 it by section 164(2) NUO system means a system owned or controlled by a net­ work utility operator other property — (a) means any land or buildings, or part of any land or build­ ings, that are— (i) (ii) includes a road not held under the same allotment; or not held under the same ownership; and (b) owner, in relation to land and any buildings on the land,— (a) means the person who— (i) is entitled to the rack rent from the land; or 33 Part 1 s 7 Building Act 2004 Reprinted as at 24 August 2004 (b) (ii) would be so entitled if the land were let to a tenant at a rack rent; and includes— (i) (ii) the owner of the fee simple of the land; and any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land or to take a lease of the land and who is bound by the agreement because the agreement is still in force performance criteria, in relation to a building, means qual­ itative or quantitative criteria that the building is required to satisfy in performing its functional requirements person includes— the Crown; and (a) a corporation sole; and (b) (c) a body of persons (whether corporate or unincorporate) person with a disability means a person who has an impair­ ment or a combination of impairments that limits the extent to which the person can engage in the activities, pursuits, and processes of everyday life, including, without limitation, any of the following (a) a physical,
 sensory, neurological, or intellectual impair­ ment: (b) a mental illness plans and speciﬁcations — (a) means the drawings, speciﬁcations, and other docu­ ments according to which a building is proposed to be constructed, altered, demolished, or removed; and includes the proposed procedures for inspection during the construction, alteration, demolition, or removal of a building; and in the case of the construction or alteration of a building, also includes— (i) (ii) the intended use of the building; and the
 speciﬁed systems that the applicant for build­ ing consent considers will be required to be in­ cluded in a compliance schedule required under section 100; and (b) (c) 34 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 7 (iii) the proposed procedures for inspection and rou­ tine maintenance for the purposes of the compli­ ance schedule for those speciﬁed systems prescribed electrical work has the meaning given to it by section 2(1) of the Electricity Act 1992 product certiﬁcation accreditation body means the person referred to in section 261(2) property— (a) (b) publicly notify means publish a notice— (a) includes land, buildings, and goods; but does not include incorporeal forms of property in 1 or more daily newspapers circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and in the Gazette ; and on the Internet in an electronic form that is publicly accessible at all reasonable times (b) (c) recognised engineer, in relation to a dam, means an engineer who meets the requirements in section 149 regional authority means— a regional council; or (a) a unitary authority (b) regional council has the meaning given to it by section 5(1) of the Local Government Act 2002 Registrar has the meaning given to it by section 282 regulations means regulations in force under this Act residential property developer means a person who, in trade, does any of the following things in relation to a household unit for the purpose of
 selling the household unit (a) (b) (c) builds the household unit; or arranges for the household unit to be built; or acquires the household unit from a person who built it or arranged for it to be built restricted building work— (a) means building work that— (i) requires a building consent; and 35 Part 1 s 7 Building Act 2004 Reprinted as at 24 August 2004 (ii) (iii) relates to an element of a building that is critical to the integrity of the building and the health and safety of its occupants; and is
 building work of a kind declared by the Gov­ ernor­General by Order in Council to be a re­ stricted building work for the purposes of this Act; and includes building work on— the building envelope of a building; or (i) (ii) the structural support of a building; and includes design work (relating to building work) that is design work of a kind declared by the Governor­General by Order in Council to be restricted building work for the purposes of this Act (b) (c) restricted building work: this deﬁnition was substituted, as from 14 April 2005, by section 3(2) Building Amendment Act 2005 (2005 No 31).
rules means any rules made under section 353 scaffolding used in the course of the construction process — (a) means a structure, framework, swinging stage, sus­ pended scaffolding, or boatswain’s chair, that is of a temporary nature and that is used or intended to be used for— (i) the support or protection of workers engaged in, or in connection with, construction work for the purpose of carrying out the work; or the support of materials used in connection with the work; and (ii) (b) includes any plank, coupling, fastening, ﬁtting, or de­ vice used in connection with the construction, erection, or use of scaffolding scope of accreditation, in relation to a building consent au­ thority that is not a territorial authority, means the scope of technical competence for which the building consent author­ ity is accredited by a building consent accreditation body in accordance with section 252 sitework means work on a building site, including earthworks, preparatory to, or associated with, the construction, alteration, demolition, or removal of a building 36 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 7 specialised accommodation means a building that is declared by the Governor­General, by Order in Council, to be spe­ cialised accommodation for the purposes of this Act speciﬁed intended life has the meaning given to it by section 113(3) speciﬁed system — (a) means a system or feature that— (i) (ii) (iii) is contained in a building; and contributes to the proper functioning of the build­ ing (for example, an automatic sprinkler system); and is declared by the Governor­General, by Order in Council, to be a speciﬁed system for the purposes of this Act; and includes a cable car (b) statutory authority means an authority or organisation that has the statutory power to classify or register land or buildings for any purpose supervise, in relation to building work, means provide control or direction and oversight of the building work to an extent that is sufﬁcient to ensure that the building work— (a) (b) is
 performed competently; and complies with the building consent under which it is carried out territorial authority means a city council or district council named in Part 2 of Schedule 2 of the Local Government Act 2002; and— (a) in relation to land within the district of a territorial au­ thority, or a building on or proposed to be built on any such land, means that territorial authority; and 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 (b) territorial authority: this deﬁnition was substituted, as from 14 April 2005, by section 3(3) Building Amendment Act 2005 (2005 No 31).
37 Part 1 s 8 Building Act 2004 Reprinted as at 24 August 2004 trade means any trade, business, industry, profession, occu­ pation, activity of commerce, or undertaking relating to— the supply or acquisition of goods or services; or (a) the acquisition of household units or any interest in land (b) unitary authority has the meaning given to it by section 5(1) of the Local Government Act 2002 veriﬁcation method means a method by which compliance with the building code may be veriﬁed working day means any day except— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, and Wai­ tangi Day; and the day observed in the appropriate area as the anniver­ sary of the province of which the area forms a part; and a day in the period beginning on 20 December in any year and ending with the close of 10 January in the fol­ lowing year.
(b) (c) Compare: 1991 No 150 s 2 Meaning of building Building: what it means and includes In this Act, unless the context otherwise requires, building— (a) means a temporary or permanent movable or immov­ able structure (including a structure intended for occu­ pation by people, animals, machinery, or chattels); and includes— (i) (ii) (b) a mechanical, electrical, or other system; and a fence as deﬁned in section 2 of the Fencing of Swimming Pools Act 1987; and a vehicle or motor vehicle (including a vehicle or motor vehicle as deﬁned in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or longterm basis; and a mast pole or a telecommunication aerial that is on, or forms part of, a building and that is more than 7 m in height above the point of its (iii) (iv) 8 (1) 38 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 9 attachment or base support (except a dish aerial that is less than 2 m wide); and includes any 2 or more buildings that, on completion of building work, are intended to be managed as one build­ ing with a common use and a common set of ownership arrangements; and includes the non­moving parts of a cable car attached to or servicing a building; and after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.
(c) (d) (e) (2) (3) (4) 9 Subsection (1)(b)(i) only applies if— (a) the mechanical, electrical, or other system is attached to the structure referred to in subsection (1)(a); and the system— (i) (ii) is required by the building code; or if installed, is required to comply with the build­ ing code.

(b) Subsection (1)(c) only applies in relation to— subpart 2 of Part 2; and (a) a building consent; and (b) a code compliance certiﬁcate; and (c) (d) a compliance schedule.

This section is subject to section 9.


Compare: 1991 No 150 s 3 Subsection (1)(c) was substituted, as from 14 April 2005, by section 4 Building Amendment Act 2005 (2005 No 31).

Subsection (1)(d) and (1)(e) were inserted, as from 14 April 2005, by section 4 Building Amendment Act 2005 (2005 No 31).
Building: what it does not include In this Act, building does not include— (a) a NUO system, or part of a NUO system, that— (i) (ii) is external to the building; and is connected to, or is intended to be connected to, the building to provide for the successful func­ tioning of the NUO system in accordance with the system’s intended design and purpose; and is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or (iii) 39 Part 1 s 10 Building Act 2004 Reprinted as at 24 August 2004 (b) (c) (d) (e) (f) (g) cranes (including any cranes as deﬁned in regulations made under the Health and Safety in Employment Act 1992); or any of the following, whether or not incorporated within another structure: ski tows: (i) (ii) other similar stand­alone machinery systems; or any description of vessel, boat, ferry, or craft used in navigation— whether or not it has a means of propulsion; and (i) (ii) regardless of what that means of propulsion is; or aircraft (including any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth); or any offshore installation (as deﬁned in section 222 of the Maritime Transport Act 1994) to be used for petroleum mining; or containers as deﬁned in section 2(1) of the Hazardous Substances and New Organisms Act 1996; or (h) magazines as deﬁned in section 222 of the Hazardous (i) Substances and New Organisms Act 1996; or scaffolding used in the course of the construction process; or (j) falsework.
Compare: 1991 No 150 s 3 Meaning of allotment 10 Meaning of allotment (1) In this Act, unless the context otherwise requires, allotment means a parcel of land— (a) (b) whose boundaries are shown on a survey plan, whether that is a continuous area of land; and or not as a subdivision— (i) approved by way of a subdivision consent granted under the Resource Management Act 1991; or allowed or granted under any other Act; and (ii) that is— (c) 40 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 11 (i) (ii) subject to the Land Transfer Act 1952 and com­ prised in 1 certiﬁcate of title or for which 1 cer­ tiﬁcate of title could be issued under that Act; or not subject to that Act and was acquired by its owner under 1 instrument of conveyance.
(2) 11 For the purposes of subsection (1), an allotment is taken— (a) to be a continuous area of land even if part of it is phys­ ically separated from any other part by a road or in any other manner, unless the division of the allotment into those parts has been allowed by a subdivision consent granted under the Resource Management Act 1991 or a subdivision approval under any former enactment relat­ ing to the subdivision of land: to include the balance of any land from which any al­ lotment is being or has been subdivided.
(b) Compare: 1991 No 150 s 4 Subpart 3—Outline of regulatory roles under this Act Role of chief executive Under this Act, the chief executive— (a) issues compliance documents and reviews those docu­ ments; and (b) warns against, or bans the use of, particular building (c) methods or products; and speciﬁes the kinds of applications for a building consent that must be copied to the New Zealand Fire Service Commission under section 46; and (d) monitors and reports annually to the Minister in accord­ (e) (f) ance with section 169; and publishes guidance information on the requirements of this Act and the building code; and registers building consent authorities that have been ac­ credited to allow them to perform functions under Parts 2 and 3; and (g) makes determinations under subpart 1 of Part 3; and (h) reviews the operation of territorial authorities, regional authorities, and building consent authorities in relation to their functions under this Act; and 41 Part 1 s 12 Building Act 2004 Reprinted as at 24 August 2004 (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) grants and revokes accreditation of building consent au­ thorities or appoints a building consent accreditation body to do so; and grants and revokes accreditation of dam owners or ap­ points a dam owner accreditation body to do so; and appoints a product certiﬁcation accreditation body under section 261; and disseminates information and provides educational pro­ grammes on matters relating to building control; and takes enforcement action (including taking
 proceedings for offences under this Act) if the chief executive con­ siders that it is desirable to do so— (i) to establish or clarify any matter of principle re­ lating to building or the interpretation of this Act; or in cases where 1 or more territorial authorities are unwilling or unable to take enforcement action; and (ii) establishes and maintains the registers referred to in sec­ tion 273; and appoints the Registrar under section 310; and prepares proposed rules under section 354; and carries out any other functions and duties speciﬁed in this Act; and carries out any functions that are incidental and related to, or consequential upon, the functions set out in para­ graphs (a) to (q).
Compare: 1991 No 150 s 12(1) Paragraph (f) was amended, as from 14 April 2005, by section 16(2)(a) Building Amendment Act 2005 by omitting the words “and regional authorities”.

Paragraph (h) was amended, as from 14 April 2005, by section 3(4) Building Amendment Act 2005 (2005 No 31) by inserting the words “, regional author­ ities,” after the words “territorial authorities”.
12 Role of building consent authority and territorial authority (1) Under this Act, a building consent authority— (a) issues building consents, but not if a building consent is required to be subject to a waiver or modiﬁcation of the building code; and 42 Reprinted as at 24 August 2004 Building Act 2004 Part 1 s 13 (b) (c) (d) (e) inspects building work for which it has granted a build­ ing consent; and issues notices to ﬁx; and issues code compliance certiﬁcates; and issues compliance schedules.
(2) Under this Act, a territorial authority— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) performs the functions of a building consent authority set out in subsection (1)(a) (including the issue of build­ ing consents subject to a waiver or modiﬁcation of the building code) if— (i) the territorial authority is also a building consent authority; and an owner applies to the territorial authority for a building consent; and (ii) issues project information memoranda; and grants exemptions under Schedule 1; and grants waivers and modiﬁcations of the building code; and issues certiﬁcates of acceptance; and issues and amends compliance schedules; and administers annual building warrants of ﬁtness; and enforces the provisions relating to annual building war­ rants of ﬁtness; and decides the extent to which buildings must comply with the building code when— they are altered; or (i) their use is changed; or (ii) (iii) their speciﬁed intended life changes; and performs functions relating to dangerous, earthquake prone, or insanitary buildings; and carries out any other functions and duties speciﬁed in this Act; and carries out any functions that are incidental and related to, or consequential upon, the functions set out in para­ graphs (a) to (k).
13 Role of regional authority Under this Act, a regional authority— 43 Part 1 s 14 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) (c) (d) (e) (f) (g) (h) performs the functions of a building consent author­ ity set out in section 12 to the extent that those func­ tions relate to dams (including the issue of building con­ sents subject to a waiver or modiﬁcation of the building code); and considers and approves dam classiﬁcations; and considers and approves dam safety assurance pro­ grammes; and administers the provisions of this Act relating to— (i) (ii) (iii) enforces the provisions of the building code and this Act and regulations that relate to dams; and adopts a policy on dangerous dams; and carries out any other functions and duties speciﬁed in this Act; and carries out any functions that are incidental and related to, or consequential upon, the functions set out in para­ graphs (a) to (g).
dam classiﬁcations; and dam safety assurance programmes; and dam compliance certiﬁcates; and Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams The regional authority is responsible for performing functions under this Act relating to a building that is a dam.
If a building includes a dam,— (a) the regional authority is responsible for performing functions under this Act relating to the dam; and the building consent authority and territorial authority are responsible for performing functions under this Act relating to the parts of the building that are not a dam.
(b) For the purposes of subsection (1),— (a) sections 31 to 39 apply (with all necessary modiﬁca­ tions) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority; and sections 40 to 116, 220 to 232, and 276 to 281 apply (with all necessary modiﬁcations) as if every reference (b) 14 (1) (2) (3) 44 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 15 (4) (5) 15 (1) in them to a building consent authority or territorial au­ thority were a reference to a regional authority.
For the purposes of subsection (2), sections 31 to 116, 220 to 232, and 276 to 281 apply (with all necessary modiﬁcations) as if every reference in them to a building consent authority or territorial authority included a reference to a regional author­ ity.

The building consent authority and territorial authority must do everything reasonably practicable to liaise with the regional authority in performing functions or duties, or exer­ cising powers, in relation to a building that includes a dam.
Section 14 was substituted, as from 14 April 2005, by section 5 Building Amendment Act 2005 (2005 No 31).
Part 2 Building Subpart 1—Preliminary Outline of this Part In general terms, this Part provides— (a) that all building work must comply with the building code to the extent required by this Act: how compliance with the building code is to be estab­ lished: that a project information memorandum must be ob­ tained before a building consent is issued: (b) (c) (d) when a building consent is required and how to apply (e) (f) (g) (h) for one: that an applicant for a building consent is liable to pay a levy to the chief executive if the application is granted: that restricted building work must be carried out or supervised by 1 or more licensed building practition­ ers: for a building consent authority to issue a notice requir­ ing building work to be ﬁxed so as to comply with this Act and the building consent: that a building consent authority may inspect building work for which it has granted a consent: 45 Part 2 s 16 Building Act 2004 Reprinted as at 24 August 2004 (i) (j) (k) (l) (m) (n) (o) that all building work under a building consent must have a code compliance certiﬁcate issued by the build­ ing consent authority that issued the building consent or another building consent authority that agrees to as­ sume responsibility for the building work: that a compliance schedule and annual building warrant of ﬁtness is required for buildings with speciﬁed sys­ tems: that when a building undergoes alterations it may have to be upgraded to comply with the building code: for requirements that must be met when the use or in­ tended life of a building changes: for access and facilities for persons with disabilities to and within buildings: for territorial authorities to perform functions relating to dangerous, earthquake­prone, or insanitary buildings: for regional authorities to perform functions relating to dams.
(2) This section is intended only as a guide to the general scheme and effect of this Part.

Subpart 2—Building code Requirement to comply with building code Building code: purpose The building code prescribes functional requirements for buildings and the performance criteria with which buildings must comply in their intended use.
All building work must comply with building code All building work must comply with the building code to the extent required by this Act, whether or not a building consent is required in respect of that building work.
Compare: 1991 No 150 s 7(1) 16 17 46 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 19 18 Building work not required to achieve performance criteria additional to or more restrictive than building code (1) A person who carries out any building work is not required by this Act to— (a) achieve performance criteria that are additional to, or more restrictive than, the performance criteria pre­ scribed in the building code in relation to that building work; or take any action in respect of that building work if it complies with the building code.
(b) (2) Subsection (1) is subject to any express provision to the con­ trary in any Act.
Compare: 1991 No 150 s 7(2) Establishing compliance with building code 19 How compliance with building code is established (1) A building consent authority must accept any or all of the fol­ (c) (e) (d) lowing as establishing compliance with the building code: (a) (b) compliance with regulations referred to in section 20: compliance with the provisions of a compliance docu­ ment: a determination to that effect made by the chief execu­ tive under subpart 1 of Part 3: a current product certiﬁcate issued under section 269, if any relevant condition in that product certiﬁcate is met: to the extent that compliance with a requirement im­ posed by regulations made under the Electricity Act 1992 or the Gas Act 1992 is compliance with any par­ ticular provisions of the building code, a certiﬁcate is­ sued under any of those regulations to the effect that any energy work complies with those requirements.
In considering whether something complies with the building code, a building consent authority or, as the case may be, a regional authority— (a) must have regard to any relevant warning issued, and ban declared, under section 26(2); and 47 (2) Part 2 s 20 Building Act 2004 Reprinted as at 24 August 2004 (b) may have regard to any guidance information published by the chief executive under section 175.
Compare: 1991 No 150 s 50 Subsection (1) was amended, as from 14 April 2005, by section 16(2)(b) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or, as the case may be, a regional authority”.
Regulations may specify only 1 means of complying with building code 20 (1) Regulations may specify that there is only 1 means of complying with building code Regulations may be made under section 401 that specify that there is only 1 means of complying with all or any of the pro­ visions of the building code.
(2) Without limiting subsection (1), the regulations may specify the means of compliance with the building code by requiring the use in the prescribed circumstances (if any) of all or any of the following: (a) (b) (c) prescribed acceptable solutions: prescribed veriﬁcation methods: building methods, methods of construction, building design, or building materials (building methods or prod­ ucts) that have a current product certiﬁcate issued under section 269.
(1) 21 What happens if regulations specifying that there is only 1 means of complying with building code are made or not made If regulations referred to in section 20 are made, a person who carries out any building work must, in order to comply with the building code, comply with those regulations to the extent that they are relevant to the building work.

If the regulations are not made, a person may comply with the building code by any means, including by complying with a compliance document.
(2) 48 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 25 Compliance documents 22 (1) Compliance document for use in establishing compliance with building code The chief executive may, by notice in the Gazette, issue a document for use in establishing compliance with the build­ ing code (a compliance document).
(2) A person who complies with a compliance document must, for the purposes of this Act, be treated as having complied with the provisions of the building code to which the document relates.

Subsection (2) is subject to any regulations referred to in sec­ tion 20.
Compare: 1991 No 150 s 49(1) (3) 23 24 (1) (2) Effect of compliance documents A person may comply with a compliance document in order to comply with the provisions of the building code to which the document relates, but doing so is not the only means of complying with those provisions.

Compare: 1991 No 150 s 49(2) Chief executive may amend or revoke compliance documents The chief executive may, by notice in the Gazette, amend or revoke a compliance document at any time.
If subsection (1) applies, the amendment or revocation does not have retrospective effect.

Compare: 1991 No 150 s 49(6) Content of compliance document 25 (1) A compliance document must state— (a) the date on which the document comes into force; and (b) whether the document, or parts of it, applies to building work for which a building consent has been issued be­ fore the date on which the compliance document comes into force.
(2) A compliance document may contain— (a) (b) acceptable solutions; or veriﬁcation methods.

49 Part 2 s 25A Building Act 2004 Reprinted as at 24 August 2004 (a) (b) (3) A compliance document must not contain a provision that— relates to contractual or commercial requirements; or relates to regulatory approvals, dispensations, or waivers; or is inconsistent with this Act or the regulations.

(c) (4) Material may be incorporated by reference in a compliance document in accordance with sections 405 to 413.
Compare: 1991 No 150 s 49(3), (4) 25A Compliance documents to be available on Ministry’s (1) (2) (3) website The chief executive must ensure that— (a) (b) (c) promptly after a new compliance document is issued, a digital copy is publicly available on the Ministry’s website: even after a compliance document has been amended or revoked, a digital copy of it in its original form con­ tinues to be publicly available on the website: promptly after a compliance document is amended, there are publicly available on the Ministry’s website— (i) (ii) a digital copy of the amendment; and a digital copy of the document in its up­to­date form.
The digital copy in its original form of a compliance document that has been amended— (a) must indicate that it has been amended; and (b) must give references, or provide links, to digital copies of all amendments; and (c) must give a reference, or provide a link, to the digital copy of the document in its up­to­date form.
The digital copy in its original form of a compliance document that has been revoked— (a) must indicate that it has been revoked; and (b) must state when it was revoked; and (c) if it has been replaced by another compliance document, must give a reference, or provide a link, to a digital copy of the replacement document in its up­to­date form.

(4) The digital copies must be available free of charge.
50 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 27 Section 25A was inserted, as from 14 April 2005, by section 6 Building Amend­ ment Act 2005 (2005 No 31).
Warnings and bans 26 (1) (2) (3) Chief executive may issue warning about, or ban use of, building methods or products This section applies if the chief executive considers on reason­ able grounds that the use of a building method or product has resulted, or is likely to result, in a building or building work failing to comply with the building code.

The chief executive may— (a) issue a warning about the building method or product; or declare a ban on the building method or product.
(b) The chief executive must publicly notify— (a) (b) the warning or ban; and the date on which the warning or ban comes into force; and in the case of a ban, whether the ban applies to building work for which a building consent has been issued be­ fore the date on which the ban comes into force; and (c) (d) whether the procedure in section 29 has been followed in relation to the warning or ban.
(4) The chief executive— (a) may, at any time, amend or revoke the warning or ban; and (b) must publicly notify— (i) (ii) the amendment or revocation; and the date on which the amendment or revocation comes into force.

27 Offence to use building method or product in breach of ban under section 26 (1) A person must not use a building method or product if doing so breaches a ban under section 26.

(2) A person commits an offence if the person fails to comply with subsection (1).
51 Part 2 s 28 Building Act 2004 Reprinted as at 24 August 2004 (3) A person who commits an offence under this section is liable to a ﬁne not exceeding $200,000.

28 Limits on certain powers of building consent authority in cases involving bans under section 26 (2) (1) A building consent authority must not exercise any of the powers speciﬁed in subsection (2) if doing so results, or could result, in a person breaching a ban under section 26.
The powers are— (a) (b) to grant a building consent for building work; or to issue a code compliance certiﬁcate for building work.

(3) However, subsection (2)(b) does not apply if the building consent to which the code compliance certiﬁcate relates was granted before the ban under section 26 came into force.
Procedural requirements for compliance documents, warnings, and bans Procedural requirements for compliance documents, warnings, and bans This section applies if the chief executive proposes to— (a) (b) (c) (d) Before doing any of the things referred to in subsection (1), the chief executive must— (a) issue a compliance document; or amend or revoke a compliance document; or issue a warning or declare a ban; or amend or revoke a warning or ban.
seek to identify all reasonably practicable options for achieving the objective of the document, warning, or ban; and assess those options by considering— (i) (ii) the beneﬁts and costs of each option; and the extent to which the objective would be pro­ moted or achieved by each option; and any other matters that, in the chief executive’s opinion, are relevant; and (iii) (b) (c) (d) publicly notify a statement of proposal; and give persons an opportunity to make submissions on the statement of proposal; and 29 (1) (2) 52 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 29 (3) (4) (5) consider those submissions.
(e) For the purposes of subsection (2)(c), the chief executive must notify— (a) where copies of the statement of proposal may be ob­ tained; and that submissions on the statement of proposal may be made to the chief executive by a speciﬁed date (which date must not be less than 10 working days after the date of the public notiﬁcation).
(b) The statement of proposal must contain— (a) a detailed statement of the proposal (which may be a copy of the proposed document, warning, or ban); and a statement of the reasons for the proposal; and an analysis of the reasonably practicable options, in­ cluding the proposal, identiﬁed under subsection (2); and a detailed statement of the proposed transitional changes (if any) for the document, warning, or ban; and the date on which the document, warning, or ban is pro­ posed to come into force; and a statement as to whether the document, warning, or ban will apply to building work for which a building consent has been issued before the date on which the document, warning, or ban comes into force; and any other information that the chief executive considers relevant.
(b) (c) (d) (e) (f) (g) The chief executive is not required to comply with subsection (2) if the chief executive is satisﬁed that— (a) the document or warning needs to be issued, or the ban needs to be declared, urgently; or the document, warning, or ban needs to be amended urgently; or the document, warning, or ban needs to be revoked ur­ gently; or the effect of the document, warning, or ban is minor and will not adversely affect the substantial interests of any person.
(b) (c) (d) Compare: 1991 No 150 s 49(9) 53 Part 2 s 30 Building Act 2004 Reprinted as at 24 August 2004 30 (1) (2) (3) Procedural requirements for urgent compliance documents, warnings, and bans If section 29(5) applies, the chief executive must— (a) consult on the document, warning, or ban (as the case may be) in accordance with section 29(2) to (4); and after that consultation, publicly notify whether he or she has decided to amend, replace, or revoke the document, warning, or ban.
(b) The chief executive must comply with subsection (1) within 6 months of issuing, amending, replacing, or revoking the docu­ ment, warning, or ban concerned.

In the public notiﬁcation, the chief executive must— explain the reasons for his or her decision; or (a) state where copies of that explanation may be obtained.
(b) Subpart 3—Building work­Project information memoranda and building consents Project information memoranda 31 Building consent authority must apply for project information memorandum (1) A building consent authority must,— (a) (b) on receiving an application for a building consent, apply for a project information memorandum to the territorial authority for the district in which the proposed building work is to be situated; and on receiving the project information memorandum from the territorial authority, provide a copy of the memoran­ dum to the owner.
Subsection (1) does not apply if— (a) the building consent authority is the territorial author­ ity for the district in which the proposed building work is to be situated (in which case the territorial authority must issue the project information memorandum for the building work and provide a copy of the memorandum to the owner); or a project information memorandum has been issued be­ fore the application for a building consent is made.
(b) (2) 54 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 33 32 Owner may apply for project information memorandum An owner may apply to a territorial authority for a project in­ formation memorandum for building work if— (a) the owner is considering carrying out building work; and a building consent is required for that work.
(b) Compare: 1991 No 150 s 30(1) Content of application 33 (1) An application for a project information memorandum must be in the prescribed form and be accompanied by— (a) (b) (c) the application charge ﬁxed by the territorial authority; and any information that the territorial authority reasonably requires in relation to authorisations or requirements (if any) that— (i) the territorial authority is authorised to refuse or impose under any Act (except this Act); and are likely to be relevant to the design and con­ struction of the proposed building; and (ii) any other information that the territorial authority (acting as agent for a network utility operator by prior agreement with that network utility operator) requires in respect of proposed connections to public utilities from the proposed building work.
(2) (3) The territorial authority may not make a requirement under subsection (1)(b) if more than 10 working days have elapsed since the date on which the territorial authority received the application.
For the purposes of subsection (1)(b), the authorisations and requirements referred to in that subsection include, without limitation, authorisations and requirements in respect of— the intended use of the proposed building; and (a) the location and external dimensions of the proposed (b) building; and provisions to be made— (i) (ii) for access for vehicles; and in building over or adjacent to any road or public place; and (c) 55 Part 2 s 34 Building Act 2004 Reprinted as at 24 August 2004 (d) for disposing of stormwater and wastewater; and (iii) precautions to be taken if building work is carried out over any existing drains or sewers or in close proximity to wells or water mains.
Compare: 1991 No 150 s 30(3) Issue of project information memorandum 34 (1) A territorial authority must issue a project information memo­ randum within 20 working days after receiving an application under section 31(1)(a) or section 32.

(2) However, if the territorial authority requires any information under section 33(1)(b) or (c), the period speciﬁed in subsection (1) is suspended until it receives the information.
The territorial authority must issue the project information memorandum within 10 working days after receiving that in­ formation.

(3) (4) A territorial authority may, within the period speciﬁed in sub­ section (1) or, if applicable, in subsection (3), reissue a project information memorandum if the territorial authority— (a) considers, on reasonable grounds, that the project infor­ mation memorandum contains an error or omission; or receives information that affects the project information memorandum.
(b) Compare: 1991 No 150 s 31(1) Content of project information memorandum 35 (1) A project information memorandum must include— (a) (b) (c) information likely to be relevant to the proposed build­ ing work that identiﬁes— (i) (ii) the heritage status of the building (if any); and each special feature of the land concerned (if any); and information likely to be relevant to the proposed build­ ing work that, in terms of any other Act, has been noti­ ﬁed to the territorial authority by a statutory authority; and details of any existing stormwater or wastewater utility systems that— (i) relate to the proposed building work; or 56 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 35 (ii) are on, or adjacent to, the site of the proposed building work; and (d) (e) (f) (g) details of any authorisation in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator (if the territorial authority is acting as agent for a net­ work utility operator by prior agreement with the net­ work utility operator), is authorised to refuse or require under any Act, except this Act, and, in respect of each authorisation,— (i) a statement of the requirements to be met in order for the authorisation to be granted or imposed; and the conditions to which an authorisation will be subject; and (ii) if the territorial authority considers that the owner of the building or proposed building to which the pro­ ject information memorandum relates is likely to be re­
 quired, under section 21A of the Fire Service Act 1975, to make provision for a scheme that provides for evacu­ ation from the scene of a ﬁre, a statement to that effect; and if the territorial authority considers that notiﬁcation to the New Zealand Historic Places Trust is likely to be required under section 39, a statement to that effect; and either— (i) conﬁrmation, subject to this Act, that building work may be carried out subject to the require­ ments of a building consent and subject also to all other necessary authorisations being obtained; or notiﬁcation that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent; and (ii) (h) if section 75 applies, the statement referred to in section 75(2).
In this section,— (2) 57 Part 2 s 36 Building Act 2004 Reprinted as at 24 August 2004 land concerned — (a) means the land on which the proposed building work is (b) to be carried out; and includes any other land likely to affect or be affected by the building work special feature of the land concerned includes, without limi­ tation, potential natural hazards, or the likely presence of haz­ ardous contaminants, that— (a) is likely to be relevant to the design and construction or alteration of the building or proposed building; and is known to the territorial authority; and is not apparent from the district plan under the Resource Management Act 1991.
(b) (c) Compare: 1991 No 150 s 31(2)­(4) Territorial authority may attach development contribution notice to project information memorandum If a territorial authority considers that a development contribu­ tion under the Local Government Act 2002 is payable by the owner, the territorial authority may attach to the project infor­ mation memorandum a notice, in the prescribed form, to the effect that a code compliance certiﬁcate for the building work will not be issued unless the development contribution is paid (development contribution notice).
Territorial authority must attach additional certiﬁcate to project information memorandum This section applies if a territorial authority considers that— a resource consent under the Resource Management Act (a) 1991 has not yet been obtained; and the resource consent will or may materially affect build­ ing work to which a project information memorandum relates.
(b) The territorial authority must attach to the project information memorandum a certiﬁcate, in the prescribed form, to the effect that until the resource consent has been obtained— (a) no building work may proceed; or 36 37 (1) (2) 58 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 40 38 39 (1) (2) (b) building work may only proceed to the extent stated in the certiﬁcate.
Compare: 1991 No 150 s 35(1A) Territorial authority must give copy of project information memorandum in certain circumstances If a project information memorandum contains information previously supplied to a territorial authority by a network util­ ity operator or a statutory authority, the territorial authority must give a copy of the project information memorandum to that operator or that authority.
Compare: 1991 No 150 s 31(5) Territorial authority must advise New Zealand Historic Places Trust in certain circumstances If the conditions set out in subsection (2) apply, a territorial authority must advise the New Zealand Historic Places Trust within 5 days after receiving an application for a project infor­ mation memorandum.
The conditions are— (a) that the application affects a registered historic place, historic area, wˉahi tapu, or wˉahi tapu area; and that the territorial authority has not previously issued a project information memorandum for the building work to which the application applies.

(b) Compare: 1991 No 150 s 30(4) Building consents 40 Buildings not to be constructed, altered, demolished, or removed without consent (1) A person must not carry out any building work except in ac­ cordance with a building consent.
(2) A person commits an offence if the person fails to comply with this section.

(3) A person who commits an offence under this section is liable to a ﬁne not exceeding $100,000 and, in the case of a continuing 59 Part 2 s 41 Building Act 2004 Reprinted as at 24 August 2004 offence, to a further ﬁne not exceeding $10,000 for every day or part of a day during which the offence has continued.
Compare: 1991 No 150 s 32(1) Building consent not required in certain cases 41 (1) Despite section 40, a building consent is not required in rela­ tion to— (a) (b) (c) a Crown building or Crown building work to which, under section 6, this Act does not apply; or any building work described in Schedule 1; or any building work in respect of which a building con­ sent cannot practicably be obtained in advance because the building work has to be carried out urgently— (i) for the purpose of saving or protecting life or health or preventing serious damage to property; or in order to ensure that a speciﬁed system in a building that is covered by a compliance sched­ ule, or would be covered if a compliance sched­ ule were issued in respect of the building, is maintained in a safe condition or is made safe; or (ii) (d) (e) any energy work that, under section 43, does not require a building consent; or any building work that a territorial authority is author­ ised to carry out under this Act.
The Governor­General may, by Order in Council, add any building work or class of building works to Schedule 1 as be­ ing building work for which a building consent is not required.
Compare: 1991 No 150 s 32(2), (3) Owner must apply for certiﬁcate of acceptance if building work carried out urgently If, in reliance on section 41(1)(c), building work is carried out without a building consent having been obtained in respect of that work, the owner must, as soon as practicable after comple­ tion of the building work, apply for a certiﬁcate of acceptance under section 96.
(2) 42 (1) 60 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 44 (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.

Building consent not required for energy work Energy work does not require a building consent.
43 (1) (2) However, the following energy work requires a building con­ sent: (a) energy work that relates to any speciﬁed system that is contained in, or proposed to be contained in, any build­ ing (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 in the case of a proposed speciﬁed system, will be required to be covered by a compliance schedule; and (ii) (b) energy work in any case where, if that work required a building consent, a consent could not be granted unless it was granted subject to a waiver or modiﬁcation of the building code.
(3) An owner who wishes to obtain a building consent for energy work that does not require a building consent may apply for a building consent for that work (whether or not the application also relates to any other building work), and in that case this Act applies as if the energy work required a building consent.
Compare: 1991 No 150 s 32A 44 When to apply for building consent (1) An owner intending to carry out building work must, before the building work begins, apply for a building consent to a building consent authority that is authorised, within the scope of its accreditation, to grant a building consent for the proposed building work.

61 Part 2 s 45 Building Act 2004 Reprinted as at 24 August 2004 (2) An owner may make a series of applications for building con­ sents for stages of the proposed building work.
Compare: 1991 No 150 s 33(1), (3) 45 How to apply for building consent (1) An application for a building consent must— (a) (b) (c) (d) (e) (f) (g) be in the prescribed form; and be accompanied by plans and speciﬁcations that are— required by regulations made under section 402; (i) or if the regulations do not so require, required by a building consent authority; and (ii) contain or be accompanied by any other information that the building consent authority reasonably requires; and be accompanied by the charge ﬁxed by the building con­ sent authority; and in the case of an application for a building consent that relates to restricted building work, state the name of each licensed building practitioner who, as far as the ap­ plicant is aware at the time the application is made, will be involved in carrying out or supervising the restricted building work that is the subject of the application; and if the owner applies for a project information memo­ randum for the building work under section 32 and the project information memorandum is then issued, be ac­ companied by— (i) (ii) the project information memorandum; and a development contribution notice under section 36 (if any); and a certiﬁcate issued under section 37 (if any); and (iii) be accompanied by either one of the following: (i) if a compliance schedule is required as a result of the building work, a list of all speciﬁed systems for the building; or if an amendment to an existing compliance schedule is required as a result of the building work, a list of all speciﬁed systems that are being— (ii) 62 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 46 (2) (3) (4) (A) (B) (C) altered in the course of the building work: added to the building in the course of the building work: removed from the building in the course of the building work.
If an application for a building consent relates to restricted building work, any plans and speciﬁcations referred to in sub­ section (1) that accompany the application must— (a) be prepared by, or under the supervision of, 1 or more licensed building practitioners; and (b) be certiﬁed by 1 or more licensed building practitioners.
For the purposes of subsection (2), the licensed building prac­ titioners concerned must be licensed building practitioners— whose licences authorise them to certify the plans and (a) speciﬁcations; and (b) who, between them, certiﬁed the plans and speciﬁca­ tions.
The certiﬁcation under subsection (2)(b) must state, if the re­ stricted building work was to be properly completed in accord­ ance with the plans and speciﬁcations that accompanied the application,— (a) that the restricted building work will comply with the building code; or (b) whether waivers or modiﬁcations are required to the building code and, if so, what those waivers or modi­ ﬁcations are.
(5) An application for an amendment to a building consent must be made as if it were an application for a building consent, and this section applies with any necessary modiﬁcations.

Compare: 1991 No 150 s 33(2), (4) 46 (1) Copy of certain applications for building consent must be provided to New Zealand Fire Service Commission This section applies to an application for a building consent that is of a kind speciﬁed by the chief executive by notice pub­ lished in the Gazette.
63 Part 2 s 47 Building Act 2004 Reprinted as at 24 August 2004 (2) A copy of the notice must be given by the chief executive to every building consent authority as soon as practicable after it is so published.

(3) A building consent authority must, on receipt of an application to which this section applies, provide a copy of the application to the New Zealand Fire Service Commission.
47 (1) (2) (3) New Zealand Fire Service Commission may give advice on applications under section 46 The New Zealand Fire Service Commission may, within 10 working days after receiving a copy of an application for a building consent under section 46, provide the building con­ sent authority concerned with a memorandum that sets out advice on the following matters in respect of the building to which the application relates: (a) (b) provisions for means of escape from ﬁre: the needs of persons who are authorised by law to enter the building to undertake ﬁre­ﬁghting.
The New Zealand Fire Service Commission must not, in the memorandum referred to in subsection (1), set out advice that provides for the building to meet performance criteria that ex­ ceed the requirements of the building code.

If the New Zealand Fire Service Commission does not provide a memorandum within the period speciﬁed in subsection (1), the building consent authority may proceed to determine the application without the memorandum.
Processing application for building consent 48 (1) A building consent authority must, within 20 working days after receiving an application for a building consent that com­ plies with section 45,— (a) (b) grant the application; or refuse the application.

(2) A building consent authority may, within the period speciﬁed in subsection (1), require further reasonable information in re­ spect of the application, and, if it does so, the period is sus­ pended until it receives that information.
64 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 51 (3) In deciding whether to grant or refuse an application for a building consent, the building consent authority must have re­ gard to— (a) a memorandum provided by the New Zealand Fire Ser­ vice Commission under section 47 (if any); and (b) whether a building method or product to which a current warning or ban under section 26(2) relates will, or may, be used or applied in the building work to which the building consent relates.
(4) Subsection (3) does not limit section 49(1).

Compare: 1991 No 150 s 34(1), (2) Grant of building consent 49 (1) A building consent authority must grant a building consent if it is satisﬁed on reasonable grounds that the provisions of the building code would be met if the building work were properly completed in accordance with the plans and speciﬁcations that accompanied the application.
(2) However, a building consent authority is not required to grant a building consent until it receives— (a) (b) Compare: 1991 No 150 s 34(3) any charge ﬁxed by it in relation to the consent; and any levy payable under section 53.
50 Refusal of application for building consent If a building consent authority refuses to grant an application for a building consent, the building consent authority must give the applicant written notice of— (a) (b) Compare: 1991 No 150 s 35(2) the refusal; and the reasons for the refusal.
51 Issue of building consent (1) A building consent must— (a) (b) be issued in the prescribed form; and have attached to it a copy of— (i) the project information memorandum for the building work to which the building consent relates; and 65 Part 2 s 51 Building Act 2004 Reprinted as at 24 August 2004 (c) (d) (ii) (ii) a development contribution notice under section 36 (if any); and (iii) a certiﬁcate issued under section 37 (if any); and 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 the performance standards for the speciﬁed sys­ tems that are required by the building code; and if an amendment to an existing compliance schedule is required as a result of the building work, state— (i) the speciﬁed systems that must be covered by the compliance schedule; and the performance standards for the speciﬁed sys­ tems that are required by the building code.
(ii) (2) (3) 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 re­ sponsibility under any other Act relating to or affecting the building or proposed building; or permit the construction, alteration, demolition, or re­ moval of the building or proposed building if that con­ struction, alteration, demolition, or removal would be in breach of any other Act.
(b) If a building consent authority does not receive a project infor­ mation memorandum from the territorial authority within the time required in section 34(1) or, as the case may be, section 34(3), the building consent authority may issue the building consent despite subsection (1)(b)(i).
(4) However, the building consent authority must, on receiving the project information memorandum from the territorial au­ thority, provide the owner with a copy of— (a) (b) the project information memorandum; and a development contribution notice under section 36 (if any); and a certiﬁcate issued under section 37 (if any).
(c) Compare: 1991 No 150 s 35(1), (3) 66 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 54 52 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 any further period that the building consent authority may allow.
Compare: 1991 No 150 s 41(1) (b) Building levy Applicant for building consent liable to pay levy 53 (1) An applicant for a building consent is liable to pay to the chief executive a levy for, or in connection with, the performance of the chief executive’s functions under this Act if the building consent is granted.
The levy— (a) must be calculated— (2) (i) (ii) in relation to the estimated value of the building work to which the building consent relates; and at the prescribed rate; and (b) must be paid— (i) (ii) to the building consent authority as the agent of the chief executive; and at the time the building consent is granted.

(3) Subsection (2)(a)(ii) is subject to section 431.
Compare: 1991 No 150 s 23B(1), (2) Subsection (1) was substituted, as from 14 April 2005, by section 7(1) Building Amendment Act 2005 (2005 No 31).

Subsection (2)(b)(ii) was amended, as from 14 April 2005, by section 7(2)(a) Building Amendment Act 2005 (2005 No 31) by substituting the word “granted” for the word “issued”.
54 Building consent authority must advise applicant of amount of levy payable A building consent authority must, before it grants a building consent, advise the applicant of the amount of levy for which the applicant may be liable under section 53.
67 Part 2 s 55 Building Act 2004 Reprinted as at 24 August 2004 55 56 57 (1) (2) Exemption from levy Despite section 53, an applicant for a building consent is not liable to pay a levy if the building work for which the building consent is issued has an estimated value of less than the pre­ scribed minimum estimated value (if any).
Compare: 1991 No 150 s 23B(1) Payment of levy sufﬁcient unless estimated value of building work changes If a levy has already been paid for building work for which a building consent is granted, no further levy is payable for that building work unless its estimated value changes.

Section 56 was amended, as from 14 April 2005, by section 7(2)(a) Building Amendment Act 2005 (2005 No 31) by substituting the word “granted” for the word “issued”.
Payment of levy if building work completed in stages If building work is, or is proposed to be, completed in stages, the estimated value of the building work must be taken, for the purpose of assessing the levy payable for the building work, to include the estimated value of the preceding stage (if that pre­ ceding stage had an estimated value of less than the prescribed minimum estimated value).
For the purposes of subsection (1), any new building work in connection with a building must be treated as a further stage of any previous building work in connection with that building if— (a) a building consent was, or ought to have been, obtained for that previous building work; and the code compliance certiﬁcate for that building work has not been issued as at the date of the application for a building consent for the new building work.
(b) Compare: 1991 No 150 s 23B(3), (4) Liability to pay levy: building consent authority 58 (1) A building consent authority, on the grant of a building con­ sent, becomes liable to the territorial authority for the levy payable under section 53 in relation to the building work to which the building consent relates.
68 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 60 (2) A building consent authority must pay the levy to the territor­ ial authority at the same time that it provides, under section 238(2)(d), copies of information about the collection of that levy.

(3) A person commits an offence if the person fails to pay the levy in accordance with this section.

(4) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 23C(1) Subsection (1) was amended, as from 14 April 2005, by section 7(2)(b) Building Amendment Act 2005 (2005 No 31) by substituting the word “grant” for the word “issue”.
(2) Liability to pay levy: territorial authority 59 (1) A territorial authority, on granting a building consent or on receiving all or any of the information speciﬁed in section 238(1)(c), becomes liable to the chief executive for the levy payable under section 53 in relation to the building work to which the building consent relates.
The total amount of the levy for which a territorial authority becomes liable is due and payable to the chief executive by the 20th day of the month following the month in which the relevant building consent was granted.
Every payment of the levy must be accompanied by a certiﬁ­ cate of the territorial authority, or of an ofﬁcer or agent of the territorial authority, that states that the payment is correct— (a) according to the ﬁnancial records of the territorial au­ thority; and to the best of that person’s knowledge and belief.
(3) (b) Compare: 1991 No 150 s 23C(1), (2), (3) Subsection (1) was amended, as from 14 April 2005, by section 7(2)(c) Building Amendment Act 2005 (2005 No 31) by substituting the word “granting” for the word “issuing”.

Subsection (2) was amended, as from 14 April 2005, by section 7(2)(a) Building Amendment Act 2005 (2005 No 31) by substituting the word “granted” for the word “issued”.
Territorial authority may retain part of levy 60 (1) A territorial authority may retain 3% of the levies for which the territorial authority is liable, under section 59, in any month.

69 Part 2 s 61 Building Act 2004 Reprinted as at 24 August 2004 Subsection (1) is subject to section 61.
Compare: 1991 No 150 s 23C(4) Chief executive may recover unpaid levies from territorial authority The consequences speciﬁed in subsection (2) apply if a terri­ torial authority that is liable to pay levies to the chief executive under section 59(1) fails to pay the levies by the date referred to in section 59(2).
The consequences are that— (a) (b) section 60(1) does not apply; and the chief executive may recover, as a debt due from the territorial authority, the amount of those levies and any interest on that amount calculated— (i) in monthly instalments at the monthly basic lend­ ing rate of the Ministry’s bank; and for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made.
(ii) Compare: 1991 No 150 s 23C(5), (6) Territorial authority may recover unpaid levies from applicant for building consent The consequence speciﬁed in subsection (2) applies if an ap­ plicant for a building consent fails to pay a levy or part of a levy under section 53 by the time referred to in section 53(2)(b)(ii).
The consequence is that the territorial authority may recover, as a debt due from the applicant, the amount of those levies and any interest on that amount calculated— (a) in monthly instalments at the monthly basic lending rate of the territorial authority’s bank; and for the period of each month, or part of a month, start­ ing on the date payment is due and ending on the date payment is made.
(b) Compare: 1991 No 150 s 23C(8) (2) 61 (1) (2) 62 (1) (2) 70 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 64 63 (1) (2) Chief executive may obtain information in order to assess amount of levy payable The chief executive may require any or all of the persons re­ ferred to in subsection (2) to provide any information about the estimated value of building work speciﬁed in a building consent that may be necessary to enable the chief executive to assess the amount of levy that is payable under section 53.
The persons are— (a) (b) (c) an applicant for a building consent: the relevant building consent authority: if applicable, the relevant territorial authority.

(3) An applicant who provides information to the chief executive under subsection (1) may request the chief executive to treat the information as conﬁdential, and, except if compliance with the request would be contrary to any other law, the chief ex­ ecutive must comply with the request to the fullest extent pos­ sible.
(4) A person commits an offence if the person fails to comply with a requirement to provide information under subsection (1).

(5) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 23F 64 Audit of issue of building consents for purpose of ascertaining payment of levy (1) A territorial authority must, at all times, keep in safe custody all records of building consents granted within its district, in­ cluding— (a) the estimated value of the building work to which each consent relates; and the amount of any levy payable under section 53; and the date of payment of the levy to the territorial author­ ity.
(b) (c) (2) The chief executive or the chief executive’s authorised ofﬁcers or agents may, for the purpose of ascertaining whether the levy for which a territorial authority is liable has been paid, and whether this section has been complied with,— 71 Part 2 s 65 Building Act 2004 Reprinted as at 24 August 2004 (a) require a territorial authority to make available for examination the following records of the territorial authority: (i) records of building consents; and ﬁnancial records; and (ii) examine those records; and (b) (c) make copies of those records.
(3) A territorial authority must, on being advised of a require­ ment under subsection (2)(a), comply immediately with that requirement.

The chief executive’s authorised ofﬁcers or agents must report to the chief executive the result of any examination that they have conducted under subsection (2).

Compare: 1991 No 150 s 23E (4) Subsection (1) was amended, as from 14 April 2005, by section 7(2)(a) Building Amendment Act 2005 (2005 No 31) by substituting the word “granted” for the word “issued”.
65 (1) Chief executive may enter into agreements for auditing certain information The chief executive may enter into an agreement with any person for the purpose of enabling the person to act as agent for the chief executive in determining whether payment of the levy has been made in accordance with sections 53 to 62.
(2) A person with whom the chief executive enters into an agree­ ment referred to in subsection (1) may, while the agreement is in force, access any information that the chief executive may access under sections 63 and 64.
Compare: 1991 No 150 s 23G Chief executive must review levy As soon as practicable after the expiry of 3 years beginning on the commencement of this section, and then at intervals of not more than 3 years, the chief executive must— (a) review whether the levy is set at a rate that is appropriate for meeting the costs of the chief executive in perform­ ing his or her functions under this Act; and report to the Minister on the ﬁndings of the review.
(b) Compare: 1991 No 150 s 23I 66 72 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 70 Waivers and modiﬁcations 67 Territorial authority may grant building consent subject to waivers or modiﬁcations of building code (1) A building consent authority that is a territorial authority may grant an application for a building consent subject to a waiver or modiﬁcation of the building code.
(3) (2) A waiver or modiﬁcation of the building code under subsec­ tion (1) may be subject to any conditions that the territorial authority considers appropriate.

The territorial authority cannot grant an application for a build­ ing consent subject to a waiver or modiﬁcation of the building code relating to access and facilities for people with disabil­ ities.

Subsection (3) was substituted, as from 14 April 2005, by section 8 Building Amendment Act 2005 (2005 No 31).
68 Territorial authority must notify chief executive if waiver or modiﬁcation granted If a territorial authority grants a building consent subject to a waiver or modiﬁcation of the building code, the territorial au­ thority must notify the chief executive of the waiver or modi­ ﬁcation.
69 Waiver or modiﬁcation may only be granted by chief (1) (2) (3) 70 (1) executive in certain cases This section applies to a waiver or modiﬁcation of the building code that relates to— an existing building to which section 118 applies; and (a) (b) access and facilities for use by people with disabilities.

If this section applies, the chief executive may grant a waiver or modiﬁcation only in a determination issued under subpart 1 of Part 3.
This section does not apply to a waiver or modiﬁcation of the building code that relates to a new building.

Applications relating to energy work This section applies if any part of an application for a building consent— 73 Part 2 s 71 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) relates to energy work; and involves the grant or refusal of a waiver or modiﬁcation of the building code in relation to that energy work.
(2) (3) If this section applies,— (a) (b) the application must be made to a territorial authority; and the territorial authority must refer the part of the appli­ cation that relates to energy work to the chief executive.
If any part of the application is referred to the chief executive under subsection (2)(b), the chief executive must— (a) consult with the chief executive of the department of State responsible for the administration of the Gas Act 1992 and the Electricity Act 1992; and decide— (i) (b) whether to grant the waiver or modiﬁcation in relation to the energy work; and if he or she decides to grant the waiver or modi­ ﬁcation, whether any conditions should be im­ posed in respect of the waiver or modiﬁcation; and if so, what the conditions should be.
(ii) (iii) (4) An application referred to in subsection (1) must be treated, for the purposes of section 177, as an application by the appli­ cant for the building consent to which the referral relates, and, accordingly, subpart 1 of Part 3 applies to the application— (a) (b) with all necessary modiﬁcations.
Compare: 1991 No 150 s 34A(1), (2) to the extent that it is applicable; and Limitations and restrictions on building consents: Construction of building on land subject to natural hazards Building on land subject to natural hazards 71 (1) A building consent authority must refuse to grant a building consent for construction of a building, or major alterations to a building, if— (a) the land on which the building work is to be carried out is subject or is likely to be subject to 1 or more natural hazards; or 74 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 72 (b) the building work is likely to accelerate, worsen, or re­ sult in a natural hazard on that land or any other prop­ erty.
(2) (3) 72 Subsection (1) does not apply if the building consent authority is satisﬁed that adequate provision has been or will be made to— (a) protect the land, building work, or other property re­ ferred to in that subsection from the natural hazard or hazards; or restore any damage to that land or other property as a result of the building work.
(b) In this section and sections 72 to 74, natural hazard means any of the following: (a) erosion (including coastal erosion, bank erosion, and sheet erosion): falling debris (including soil, rock, snow, and ice): subsidence: inundation (including ﬂooding, overland ﬂow, storm surge, tidal effects, and ponding): slippage.
(b) (c) (d) (e) Compare: 1991 No 150 s 36(1) Building consent for building on land subject to natural hazards must be granted in certain cases Despite section 71, a building consent authority must grant a building consent if the building consent authority considers that— (a) the building work to which an application for a building consent relates will not accelerate, worsen, or result in a natural hazard on the land on which the building work is to be carried out or any other property; and the land is subject or is likely to be subject to 1 or more natural hazards; and it is reasonable to grant a waiver or modiﬁcation of the building code in respect of the natural hazard con­ cerned.
(b) (c) Compare: 1991 No 150 s 36(2) 75 Part 2 s 73 Building Act 2004 Reprinted as at 24 August 2004 Conditions on building consents granted under section 72 73 (1) A building consent authority that grants a building consent under section 72 must include, as a condition of the consent, that the building consent authority will, on issuing the consent, notify the consent to,— (a) (b) in the case of an application made by, or on behalf of, the Crown, the appropriate Minister and the Surveyor­ General; and in the case of an application made by, or on behalf of, the owners of Maori land, the Registrar of the Maori Land Court; and in any other case, the Registrar­General of Land.
(c) The notiﬁcation under subsection (1)(a) or (b) must be accom­ panied by a copy of the project information memorandum that relates to the building consent in question.

The notiﬁcation under subsection (1)(c) must identify the nat­ ural hazard concerned.
Compare: 1991 No 150 s 36(2), (3) (2) (3) Steps after notiﬁcation 74 (1) On receiving a notiﬁcation under section 73,— (a) (b) the Surveyor­General or the Registrar of the Maori Land Court, as the case may be, must enter in his or her records the particulars of the notiﬁcation together with a copy of the project information memorandum that accompanied the notiﬁcation: the Registrar­General of Land must record, as an entry on the certiﬁcate of title to the land on which the build­ ing work is carried out,— (i) that a building consent has been granted under section 72; and particulars that identify the natural hazard con­ cerned.
(ii) If an entry has been recorded on a duplicate of the certiﬁcate of title referred to in subsection (1)(b) under section 641A of the Local Government Act 1974 or section 36 of the former Act, the Registrar­General of Land does not need to record another entry on the duplicate.
(2) 76 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 76 (3) (4) 75 (1) (2) 76 (1) Subsection (4) applies if a building consent authority deter­ mines that any of the following entries is no longer required: (a) (b) an entry referred to in subsection (1)(b): an entry under section 641A of the Local Government Act 1974: an entry under section 36 of the former Act.
(c) The building consent authority must notify the Surveyor­Gen­ eral, the Registrar of the Maori Land Court, or the Regis­ trar­General of Land, as the case may be, who must amend his or her records or remove the entry from the certiﬁcate of title.
Compare: 1991 No 150 s 36(5), (6), (7) Limitations and restrictions on building consents: Construction of building on 2 or more allotments Construction of building on 2 or more allotments This section applies if— (a) an application for a project information memorandum relates to the construction of a building on land that is comprised, or partly comprised, of 2 or more allotments of 1 or more existing subdivisions (whether comprised in the same certiﬁcate of title or not); and those allotments are held by the owner in fee simple.
(b) The territorial authority must state in the project information memorandum that, as a condition of the grant of a building consent for the building work to which the project information memorandum relates, 1 or more of those allotments speciﬁed by the territorial authority (the speciﬁed allotments) must not be transferred or leased except in conjunction with any speci­ ﬁed other or others of those allotments.
Compare: 1991 No 150 s 37(1), (2) Exemption from section 75 Section 75 does not apply if— (a) the owner proposes to construct a building with party walls that will be on the boundaries of the allotments referred to in that section; or 77 Part 2 s 77 Building Act 2004 Reprinted as at 24 August 2004 (b) the owner has applied to the Registrar­General of Land under section 82 for the Registrar’s consent to the prep­ aration of a plan (as deﬁned by that section).

Section 82 applies if subsection (1)(b) applies.


Compare: 1991 No 150 s 37(11) Building consent must not be granted until condition is imposed under section 75 (2) 77 (2) (1) A building consent authority must not grant a building consent for building work to which section 75 applies until the terri­ torial authority has issued a certiﬁcate imposing the condition referred to in section 75(2).

The territorial authority must impose that condition if the building consent authority requests it to do so.
The certiﬁcate must be— (a) (b) The territorial authority must lodge a copy of the certiﬁcate with the Registrar­General of Land.

authenticated by the territorial authority; and signed by the owner.
(4) (3) Registrar­General of Land must record entry on certiﬁcate of title when certiﬁcate is lodged under section 77 If a certiﬁcate referred to in section 77(1) is lodged with the Registrar­General of Land, he or she must record, as an entry on each certiﬁcate of title for the speciﬁed allotments, that the certiﬁcate of title is subject to the condition referred to in sec­ tion 75(2).

The Registrar­General of Land does not need to record the entry on the duplicate of the certiﬁcates of title.
Subsection (1) is subject to section 82.

Compare: 1991 No 150 s 37(2) Effect of entry recorded on certiﬁcate of title If an entry referred to in section 78(1) is recorded on the cer­ tiﬁcates of title for the speciﬁed allotments, none of those al­ 78 (1) (2) (3) 79 78 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 81 lotments may be transferred or leased except in conjunction with the speciﬁed other or others of those allotments.
Compare: 1991 No 150 s 37(3) Certiﬁcates of title for 2 or more allotments subject to registered instrument This section applies if— (a) an entry referred to in section 78(1) is made on 2 or more certiﬁcates of title; and any of the land less than the whole of the land comprised in all those certiﬁcates of title is, at the time the entry is recorded, independently subject to a registered instru­ ment under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and that power, right, or obligation referred to in paragraph (b) becomes exercisable but is not able to be exercised or fully exercised because of section 79.
(b) (c) The whole of the land comprised in all those certiﬁcates of title is taken to be subject to the registered instrument and all the powers, rights, and obligations under the instrument, as if the instrument had been registered against the land at the time the entry is recorded.
Compare: 1991 No 150 s 37(4) 81 Mortgage, charge, or lien has priority over registered instrument This section applies if— (a) (b) the registered instrument referred to in section 80(2) is a mortgage, charge, or lien; and any of the land to which that mortgage, charge, or lien is extended is already subject to a registered mortgage, charge, or lien.

The registered mortgage, charge, or lien has priority over any mortgage, charge, or lien extended over land under section 80(2).
If a registered mortgage, charge, or lien is extended over the land comprised in a certiﬁcate of title by section 80, it has priority over any mortgage, charge, or lien against the land that 79 80 (1) (2) (1) (2) (3) Part 2 s 82 Building Act 2004 Reprinted as at 24 August 2004 is registered after the entry is recorded against the certiﬁcate of title to that land under that section.
Compare: 1991 No 150 s 37(5), (6) Registrar­General of Land may require preparation of plan If a certiﬁcate referred to in section 77 is lodged with the Registrar­General of Land, but the Registrar­General is sat­ isﬁed that it is not practicable or desirable to record the entry on the certiﬁcates of title speciﬁed in section 78, the Regis­ trar­General may require that— (a) a plan be deposited under the Land Transfer Act 1952; and 1 or more certiﬁcates of title under that Act be issued for the land in terms of the plan.
(b) In subsection (1), plan means a plan prepared in accordance with section 167 of the Land Transfer Act 1952 that amalga­ mates all the allotments— into 1 allotment; or (a) if the circumstances render it expedient or desirable, (b) into 2 or more allotments.
Compare: 1991 No 150 s 37(7) (b) Owner may apply for entry to be removed This section applies if— (a) the requirements of sections 75 to 81 or the require­ ments of section 643(1) to (6) of the Local Government Act 1974 or any previous enactments were met to en­ able a building to be built on 2 or more allotments; and any of the following applies: (i) the building is removed, demolished, or de­ stroyed; or the boundaries of the allotments are adjusted in a manner that results in the building being con­ tained entirely within the boundaries of 1 allot­ ment; or circumstances have otherwise changed.
(ii) (iii) The owner may apply to a territorial authority for approval for the entry under section 78 to be removed.

82 (1) (2) 83 (1) (2) 80 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 83 (3) (4) (5) (6) (7) If the territorial authority decides to approve the removal of the entry,— (a) the decision of the territorial authority must be set out in a certiﬁcate that is— (i) (ii) the certiﬁcate must be lodged with the Registrar­Gen­ eral of Land.
authenticated by the territorial authority; and signed by the owner; and (b) If a certiﬁcate referred to in subsection (3)(b) is lodged with the Registrar­General of Land, he or she must record an ap­ propriate entry on— (a) the certiﬁcate of title for each allotment or part of the allotment; and any mortgage, charge, or lien whose application was extended to additional land under section 80.
(b) If subsection (4)(b) applies, any mortgage, charge, or lien whose application was extended to additional land under section 80 ceases to apply to that additional land.

The Registrar­General of Land does not need to record the entry on the duplicate certiﬁcate of title unless that duplicate has had an entry recorded on it under— (a) (b) (c) section 78; or section 643 of the Local Government Act 1974; or the corresponding provisions of any previous enact­ ment.
Subsections (2) and (3) apply, with any necessary modiﬁca­ tions, to any request by an owner of land if the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or sections 75 to 81 were applied in error.
Compare: 1991 No 150 s 37(8), (9), (10) 81 Part 2 s 84 Building Act 2004 Reprinted as at 24 August 2004 Subpart 4—Requirements for building work Restricted building work must be carried out or supervised by licensed building practitioners 84 Licensed building practitioner must carry out or supervise restricted building work All restricted building work must be carried out or supervised by a licensed building practitioner whose licence authorises him or her to carry out or supervise the work.
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 whose licence authorises the practitioner to carry out or supervise the carrying out of restricted building work of that kind.
(1A) A licensed building practitioner commits an offence if he or she— (a) (b) carries out restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of; or supervises the carrying out of restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of.

(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $20,000.
The heading to section 85 was amended, as from 14 April 2005, by section 9(1) Building Amendment Act 2005 (2005 No 31) by substituting the heading “Offences relating to carrying out or supervising restricted building work” for the heading “Offence for person to carry out or supervise restricted building work if person is not licensed building practitioner”.

Subsection (1) was substituted, as from 14 April 2005, by section 9(2) Building Amendment Act 2005 (2005 No 31).
Subsection (1A) was inserted, as from 14 April 2005, by section 9(2) Building Amendment Act 2005 (2005 No 31).
86 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner (1) A person commits an offence if the person— 82 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 88 (a) (b) engages another person to carry out or supervise re­ stricted building work; and knows that the other person is not— (i) (ii) a licensed building practitioner; or a licensed building practitioner whose licence au­ thorises him or her to carry out or supervise the restricted building work.
(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $20,000.
87 (1) Owner must notify names of licensed building practitioners engaged in restricted building work Before restricted building work commences under a building consent, the owner must give the building consent authority written notice of the name of every licensed building practi­ tioner who— (a) is engaged to carry out, or supervise, the restricted building work under the building consent; and (b) was not stated in the application for the building consent under section 45(1)(e).
(2) After any restricted building work commences under a build­ ing consent, the owner must give the building consent author­ ity a written notice if— (a) a licensed building practitioner ceases to be engaged to carry out, or supervise, the restricted building work under the building consent; or another licensed building practitioner is engaged to carry out, or supervise, the restricted building work.
(b) (3) The notice under subsection (2) must— (a) state that 1 or both of the circumstances speciﬁed in subsection (2)(a) and (b) apply; and be given as soon as practicable; and name the other licensed building practitioner concerned (if any).
(b) (c) 88 (1) Licensed building practitioner to certify restricted building work Each licensed building practitioner who carries out or super­ vises restricted building work under a building consent must, 83 Part 2 s 89 Building Act 2004 Reprinted as at 24 August 2004 on completion of the restricted building work, give to the per­ sons speciﬁed in subsection (2) a certiﬁcate, in the prescribed form, stating that— (a) the restricted building work complies with the building consent; and if applicable, any speciﬁed systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the compliance schedule attached to the building consent.
(b) (2) The persons are— (a) (b) the owner; and the territorial authority for the district in which the re­ stricted building work is situated.

(3) A licensed building practitioner who carries out or supervises restricted building work that relates only to part of a speciﬁed system may give a certiﬁcate under subsection (1) that is qual­ iﬁed to the effect that the restricted building work on the other parts of the speciﬁed system must meet the requirements in subsection (1)(a) and (b).
(a) (4) A certiﬁcate given under subsection (1) does not, of itself,— create any liability in relation to any matter to which the certiﬁcate relates; or give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner was not required to provide the certiﬁcate.

(b) (5) Subsection (4) does not limit section 397(c).
Other provisions relating to building work generally 89 Licensed building practitioner must notify building consent authority of breaches of building consent (1) A licensed building practitioner must, if he or she is of the view that any building work carried out under a building consent does not comply with that consent, notify— (a) the territorial authority in whose district the building is situated; and the owner.
(b) The notiﬁcation must— (2) 84 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 91 (a) (b) (c) state that the licensed building practitioner is of the view that building work carried out under the building con­ sent does not comply with that consent; and state how the building work does not so comply; and be given as soon as practicable after the licensed build­ ing practitioner forms that view.
90 (1) (2) (3) (b) Inspections by building consent authorities Every building consent is subject to the condition that agents authorised by the building consent authority for the purposes of this section are entitled, at all times during normal working hours or while building work is being done, to inspect— (a) land on which building work is being or is proposed to be carried out; and building work that has been or is being carried out on or off the building site; and any building.
(c) The provisions (if any) that are endorsed on a building consent in relation to inspection during the carrying out of building work must be taken to include the provisions of this section.

In this section, inspection means the taking of all reasonable steps to ensure that building work is being carried out in ac­ cordance with a building consent.
Compare: 1991 No 150 s 76(1), (2), (3) Subpart 5—Code compliance certiﬁcates, certiﬁcates of acceptance, and compliance schedules Code compliance certiﬁcates 91 Building consent authority that grants building consent to issue code compliance certiﬁcate (1) A building consent authority that granted the building consent for building work to which a code compliance certiﬁcate re­ lates is the only person who may issue that certiﬁcate.
(2) However, another building consent authority may issue a code compliance certiﬁcate if the following persons agree: (a) the owner of the building to which the building work relates; and 85 Part 2 s 92 Building Act 2004 Reprinted as at 24 August 2004 (b) the building consent authority that it is proposed will issue the code compliance certiﬁcate.
(3) (4) Subsection (4) applies if— (a) a building consent authority that is not a territorial au­ thority or a regional authority is unable or refuses to issue a code compliance certiﬁcate in relation to build­ ing work for which it granted a building consent; and no other building consent authority will agree to issue a code compliance certiﬁcate for the building work under subsection (2).
(b) The owner of the building to which the building work relates must apply for a certiﬁcate of acceptance under section 96.

Subsection (3)(a) was amended, as from 14 April 2005, by section 3(5) Build­ ing Amendment Act 2005 (2005 No 31) by inserting the words “or a regional authority” after the words “territorial authority”.
Application for code compliance certiﬁcate 92 (1) An owner must apply to a building consent authority for a code compliance certiﬁcate after all building work to be carried out under a building consent granted to that owner is completed.
The application must be made— (a) (2) (b) (c) as soon as practicable after the building work is com­ pleted; and in the prescribed form; and either— (i) to the building consent authority that granted the building consent for the building work; or if section 91(2) applies, to the building consent authority that it is proposed will issue the code compliance certiﬁcate.
(ii) If applicable, the owner must include with the application all certiﬁcates issued by licensed building practitioners under sec­ tion 88 that state, when those certiﬁcates are considered to­ gether, that— (a) in a case where a compliance schedule is required as a result of restricted building work, the speciﬁed sys­ tems in the building are capable of performing to the performance standards set out in the building consent; or (3) 86 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 93 (b) in a case where an amendment to an existing compli­ ance schedule is required as a result of the building work, the speciﬁed systems that are being altered in, or added to, the building in the course of the restricted building work are capable of performing to the perform­ ance standards set out in the building consent.
If the building work comprises or includes energy work in re­ spect of which a building consent has been granted, the owner must also include with the application any energy work cer­ tiﬁcate that relates to the energy work.
Compare: 1991 No 150 s 43(1), (2), (2A) (4) 93 Time in which building consent authority must decide whether to issue code compliance certiﬁcate (1) A building consent authority must decide whether to issue a code compliance certiﬁcate for building work to which a build­ ing consent relates within— (a) 20 working days after the date speciﬁed in subsection (2); or any further period after the date speciﬁed in subsection (2) that may be agreed between the owner and the build­ ing consent authority concerned.
(b) (2) The date referred to in subsection (1)(a) and (b) is— (a) the date on which an application for a code compliance certiﬁcate is made under section 92; or if no application is made, the expiry of— (i) 2 years after the date on which the building con­ sent for the building work was granted; or any further period that may be agreed between the owner and the building consent authority con­ cerned.
(ii) (b) (3) Subsection (1) applies whether or not an application for a code compliance certiﬁcate is made under section 92.

(4) A building consent authority may, within the period speciﬁed in subsection (1), require further reasonable information in re­ spect of the application for a code compliance certiﬁcate, and, if it does so, the period is suspended until it receives the infor­ mation.
87 Part 2 s 94 Building Act 2004 Reprinted as at 24 August 2004 94 Matters for consideration by building consent authority in deciding issue of code compliance certiﬁcate (1) A building consent authority must issue a code compliance certiﬁcate if it is satisﬁed, on reasonable grounds,— (a) that the building work complies with the building con­ sent; and that,— (i) (b) (ii) in a case where a compliance schedule is required as a result of the building work, the speciﬁed sys­ tems in the building are capable of performing to the performance standards set out in the building consent; or 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 be­ ing altered in, or added to, the building in the course of the building work are capable of per­ forming to the performance standards set out in the building consent.
In deciding whether to issue a code compliance certiﬁcate, a building consent authority must have regard to whether a building method or product to which a current warning or ban under section 26(2) relates has, or may have, been used or ap­ plied in the building work to which the certiﬁcate would relate.
If the owner fails to provide to a building consent authority an energy work certiﬁcate in relation to energy work in respect of which a building consent has been granted, the failure is a sufﬁcient reason for the building consent authority to refuse to issue a code compliance certiﬁcate in respect of the energy work.
If a development contribution has been required to be paid or made under section 198 of the Local Government Act 2002, a building consent authority that is other than the territorial authority that made the requirement must refuse to issue a code compliance certiﬁcate in respect of the relevant building work until the building consent authority has received— (a) evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or (2) (3) (4) 88 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 96 (5) 95 (b) a copy of a written agreement between the owner and the territorial authority that the code compliance certiﬁ­ cate may be issued.
Subsection (1) is subject to subsection (4).

Compare: 1991 No 150 s 43(3), (3A) Issue of code compliance certiﬁcate A code compliance certiﬁcate must be issued— by a building consent authority; and (a) in the prescribed form; and (b) on payment of any charge ﬁxed by the building consent (c) authority.
Compare: 1991 No 150 s 43(3) Certiﬁcates of acceptance 96 Territorial authority may issue certiﬁcate of acceptance in certain circumstances (1) A territorial authority may, on application, issue a certiﬁcate of acceptance for building work already done— (a) if— (i) (ii) the work was done by the owner or any predeces­ sor in title of the owner; and a building consent was required for the work but not obtained; or (b) (c) (d) if section 42 (which relates to building work that had to be carried out urgently) applies; or if subsections (3) and (4) of section 91 (which apply if a building consent authority that is not a territorial author­ ity or a regional authority is unable or refuses to issue a code compliance certiﬁcate in relation to building work for which it granted a building consent) apply; or if— (i) the work affects premises to which section 362A applies; and a building consent for the work was obtained be­ fore 31 March 2005; and the territorial authority is unable or refuses to issue a code compliance certiﬁcate for the work; and (ii) (iii) 89 Part 2 s 97 Building Act 2004 Reprinted as at 24 August 2004 (iv) the application for the certiﬁcate of acceptance was made before 31 March 2010.
(2) A territorial authority may issue a certiﬁcate of acceptance only if it is satisﬁed, to the best of its knowledge and belief and on reasonable grounds, that, insofar as it could ascertain, the building work complies with the building code.
This section— (a) (3) does not limit section 40 (which provides that a person must not carry out any building work except in accord­ ance with a building consent); and accordingly, does not relieve a person from the require­ ment to obtain a building consent for building work.

(b) Subsection (1) was substituted, as from 14 April 2005, by section 10 Building Amendment Act 2005 (2005 No 31).
How to apply for certiﬁcate of acceptance An application for a certiﬁcate of acceptance must— (a) (b) be in the prescribed form; and if available, be accompanied by plans and speciﬁcations that are— (i) required by regulations made under section 402; or if the regulations do not so require, required by the territorial authority; and (ii) (c) (d) (e) (f) (g) contain or be accompanied by any other information that the territorial authority reasonably requires; and be accompanied by the charge ﬁxed by the territorial authority; and in the case of an application under section 96(1)(a), be accompanied by any fees, charges, or levies that would have been payable had the owner, or the owner’s pre­ decessor in title, applied for a building consent before carrying out the building work; and if a project information memorandum for the building work has been issued under section 34, be accompanied by the project information memorandum; and if a compliance schedule is required as a result of the building work, have attached to it a list of all speciﬁed systems for the building; or 97 90 Reprinted as at 24 August 2004 (h) Building Act 2004 Part 2 s 99 if an amendment to an existing compliance schedule is required as a result of the building work, have attached to it a list of all speciﬁed systems that are being— (i) (ii) altered in the course of the building work: added to the building in the course of the building work: removed from the building in the course of the building work.
(iii) 98 Processing application for certiﬁcate of acceptance (1) A territorial authority must, within 20 working days after re­ ceiving an application for a certiﬁcate of acceptance,— (a) (b) grant the application; or refuse the application.

(2) A territorial authority may, within the period speciﬁed in sub­ section (1), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives the information.
99 Issue of certiﬁcate of acceptance (1) A certiﬁcate of acceptance must— (a) (b) be issued in the prescribed form; and have attached to it,— (i) (ii) if a compliance schedule is required as a result of the building work, the compliance schedule for the building; or if an amendment to an existing compliance schedule is required as a result of the building work, the amended compliance schedule for the building.
(2) A certiﬁcate of acceptance may, if a territorial authority in­ spected the building work, be qualiﬁed to the effect that only parts of the building work were able to be inspected.

(3) A territorial authority’s liability for the issue of a certiﬁcate of acceptance is limited to the same extent that the territorial authority was able to inspect the building work in question.
91 Part 2 s 100 Building Act 2004 Reprinted as at 24 August 2004 Compliance schedules (a) 100 Requirement for compliance schedule (1) A building not used wholly as a single household unit— requires a compliance schedule if— it has a speciﬁed system; or (i) (ii) it has a cable car attached to it or servicing it; and requires the schedule for all speciﬁed systems it has and any cable car it has attached to it or servicing it.
(b) (2) A building used wholly as a single household unit— (a) requires a compliance schedule only if it has a cable car attached to it or servicing it; and requires the schedule only for the cable car.
(3) (b) Before 31 March 2008,— (a) a building not used wholly as a single household unit— requires a compliance schedule only if it has a (i) speciﬁed system other than a cable car; and does not require a compliance schedule for any cable car attached to it or servicing it; and a building used wholly as a single household unit does not require a compliance schedule.

(ii) (b) Section 100 was substituted, as from 14 April 2005, by section 11 Building Amendment Act 2005 (2005 No 31).
101 Owner must comply with requirement for compliance schedule (1) An owner of a building for which a compliance schedule is required under section 100 must obtain the compliance sched­ ule.

(2) A person commits an offence if the person fails to comply with subsection (1).
(3) A person who commits an offence under this section is liable to a ﬁne not exceeding $20,000 and, in the case of a continuing offence, to a further ﬁne not exceeding $2,000 for every day or part of a day during which the offence has continued.
92 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 103 102 Compliance schedule must be issued with code compliance certiﬁcate in certain cases (1) A building consent authority must issue a compliance schedule with a code compliance certiﬁcate if the compliance schedule, or an amended compliance schedule, is required as a result of building work.

(2) A building consent authority may charge a fee for the issue of a compliance schedule.
Compare: 1991 No 150 s 43(3) 103 Content of compliance schedule (1) A compliance schedule must state— (a) (b) (c) (d) the speciﬁed systems that are covered by the compli­ ance schedule; and the performance standards for the speciﬁed systems; and the inspection, maintenance, and reporting procedures to be followed by licensed building practitioners in re­ spect of the speciﬁed systems to ensure that those sys­ tems are capable of, and are, performing to the perform­ ance standards; and if applicable, the speciﬁed systems that relate to— (i) (ii) (iii) means of access, and facilities for use, by persons with disabilities that meet the requirements of section 118; and handheld hose reels for ﬁre­ﬁghting; and any signs that are required by the building code or by section 120. means of escape from ﬁre; and safety barriers; and (iv) (v) (2) For the purposes of subsection (1)(c), the inspection, main­ tenance, and reporting procedures of the compliance schedule may be identiﬁed— (a) (b) by description in the compliance schedule; or by reference to— (i) a prescribed acceptable solution or prescribed veriﬁcation method in a regulation referred to in section 20; or a compliance document; or (ii) 93 Part 2 s 104 Building Act 2004 Reprinted as at 24 August 2004 (iii) a building method or product.
Compare: 1991 No 150 s 44(2), (3), (5) 104 Building consent authority must notify territorial authority of issue of compliance schedule If a building consent authority issues a compliance schedule under section 102, the building consent authority must, within 5 working days after issuing the compliance schedule, provide a copy of it to the territorial authority in whose district the building is situated.
105 Obligations of owner if compliance schedule is issued An owner of a building for which a compliance schedule has been issued must ensure— (a) (b) (c) (d) (e) that each of the speciﬁed systems stated in the compli­ ance schedule is performing, and will continue to per­ form, to the performance standards for that system; and that the owner provides to the territorial authority an annual building warrant of ﬁtness in accordance with section 108; and that the compliance schedule is kept— (i) (ii) in the building; or in another building in the district of the territorial authority; or in some other place agreed on by the owner and the territorial authority; and (iii) that the compliance schedule is available for inspection by any person or organisation who or that has a right to inspect the building under any Act; and that, for the ﬁrst 12 months of the period of the compli­ ance schedule, there is displayed publicly in a place in the building so that users of the building can have ac­ cess to it a statement by the territorial authority in the prescribed form stating— (i) the speciﬁed systems covered by the compliance schedule; and the place where the compliance schedule is held.
(ii) Compare: 1991 No 150 s 44(4) 94 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 107 106 Application by owner for amendment to compliance schedule (1) An owner of a building that has 1 or more speciﬁed systems may, at any time and entirely at the owner’s discretion, apply to the territorial authority of the district in which the building is situated for an amendment to a compliance schedule for the building.
(2) However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if the owner considers that the amendment is required to ensure that the speciﬁed systems are performing, and will continue to perform, to the performance standards for those systems.
The owner must— (a) (b) apply for the amendment in the prescribed form; and provide any information that the territorial authority reasonably requires in relation to the application; and pay any charge ﬁxed by the territorial authority in rela­ tion to the application.

(3) (c) (4) (5) (6) The territorial authority must, as soon as practicable after re­ ceiving the application, decide whether to amend the compli­ ance schedule.
If the territorial authority decides to amend the compliance schedule, the territorial authority must— (a) (b) give written notice of the amendment to the owner; and attach a copy of the amended compliance schedule to the notice.

If the territorial authority refuses to amend the compliance schedule, the territorial authority must give written notice of, and the reasons for, the refusal to the owner.
107 Territorial authority may amend compliance schedule (1) on own initiative This section applies if a territorial authority considers that an amendment to a compliance schedule is required to ensure that a speciﬁed system stated in the compliance schedule is performing, and will continue to perform, to the performance standards for that system.
95 Part 2 s 108 Building Act 2004 Reprinted as at 24 August 2004 (2) If this section applies, the territorial authority may amend the compliance schedule— (a) (b) without an application for an amendment to the compli­ on its own initiative; and ance schedule being made under section 106.
(3) However, before making an amendment to a compliance schedule under this section, the territorial authority must— advise the owner of its intention to do so; and (a) give the owner a reasonable opportunity to make sub­ (b) missions on the matter; and consider those submissions.
(c) If the territorial authority amends a compliance schedule under this section, the territorial authority must— (a) (b) give written notice of the amendment to the owner; and attach a copy of the amended compliance schedule to the notice.

(4) (5) The territorial authority may charge a fee for the issue of an amended compliance schedule under this section.
Annual building warrant of ﬁtness (2) 108 Annual building warrant of ﬁtness (1) An owner of a building for which a compliance schedule has been issued must supply to the territorial authority a building warrant of ﬁtness in accordance with subsection (3).
The purpose of a building warrant of ﬁtness is to ensure that the speciﬁed systems stated in the compliance schedule are performing, and will continue to perform, to the performance standards for those systems that are set out in the relevant building consent.
The building warrant of ﬁtness must— (a) (3) be supplied on each anniversary of the issue of the com­ pliance schedule; and state that the inspection, maintenance, and reporting procedures of the compliance schedule have been fully complied with during the previous 12 months; and have attached to it all certiﬁcates, in the prescribed form, issued by a licensed building practitioner that, when those certiﬁcates are considered together, certify (b) (c) 96 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 109 (d) that the inspection, maintenance, and reporting proced­ ures stated in the compliance schedule have been fully complied with during the previous 12 months; and have attached to it any recommendation made by a li­ censed building practitioner that the compliance sched­ ule should be amended to ensure that the speciﬁed sys­ tems stated in the compliance schedule are performing, and will continue to perform, to the performance stan­ dards for those systems; and be in the prescribed form; and contain the prescribed information.
(e) (f) The owner must publicly display a copy of the building war­ rant of ﬁtness in a place in the building to which users of the building have ready access.

(4) (5) A person commits an offence if the person— (a) (b) (c) fails to display a building warrant of ﬁtness that is re­ quired to be displayed under this section; or displays a false or misleading building warrant of ﬁt­ ness; or displays a building warrant of ﬁtness otherwise than in accordance with this section.
(6) A person who commits an offence under this section is liable (7) to a ﬁne not exceeding $20,000.

In subsection (3)(d), a reference to a licensed building prac­ titioner is a reference to the licensed building practitioner or licensed building practitioners who carried out the inspection, maintenance, and reporting procedures stated in a compliance schedule during the previous 12 months.
Compare: 1991 No 150 s 45(1), (2) 109 Territorial authority must consider recommendation to amend compliance schedule A territorial authority must, in relation to a recommenda­ tion made by a licensed building practitioner under section 108(3)(d) for a compliance schedule to be amended,— (a) give the owner of the building concerned a reasonable opportunity to make written submissions on the recom­ mendation; and consider those submissions (if any); and (b) 97 Part 2 s 110 Building Act 2004 Reprinted as at 24 August 2004 (c) (d) decide whether to— accept the recommendation; or (i) (ii) refuse to accept the recommendation; and if it decides to accept the recommendation, amend the compliance schedule and give written notice to the owner accordingly.
110 Owner must obtain reports on compliance schedule An owner of a building for which a compliance schedule has been issued must— (a) obtain annual written reports relating to the inspection, maintenance, and reporting procedures of the compli­ ance schedule signed by each licensed building practi­ tioner who carried out 1 or more of those procedures; and keep those reports, together with the compliance sched­ ule, for a period of 2 years; and produce those reports for inspection, when required, by— (i) (ii) the territorial authority; and any person or organisation who or that has the right to inspect the building under any Act; and show the location of those reports and the compliance schedule on the building warrant of ﬁtness displayed in accordance with section 108(4).
(b) (c) (d) Compare: 1991 No 150 s 45(3) Inspections by territorial authority 111 (1) An agent of a territorial authority authorised for the purposes of this section is entitled, at all times during normal working hours, to inspect— (a) a building for which a compliance schedule has been issued; and the speciﬁed systems in the building.

(b) The territorial authority may charge a fee for an inspection under this section.
In this section, inspection means the taking of all reasonable steps to ensure that— (2) (3) 98 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 112 (a) (b) an annual building warrant of ﬁtness supplied under section 108 is correct; and every report under section 110 is correct.
Alterations to existing buildings 112 Alterations to existing buildings (1) A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the building consent authority is satisﬁed that, after the alteration, the building will— (a) comply, as nearly as is reasonably practicable , with the provisions of the building code that relate to— (i) (ii) means of escape from ﬁre; and access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and (b) continue to comply with the other provisions of the building code to at least the same extent as before the alteration.
(2) Despite subsection (1), a territorial authority may, by written notice to the owner of a building, allow the alteration of an existing building, or part of an existing building, without the building complying with provisions of the building code spe­ ciﬁed by the territorial authority if the territorial authority is satisﬁed that,— (a) (b) (c) if the building were required to comply with the relevant provisions of the building code, the alteration would not take place; and the alteration will result in improvements to attributes of the building that relate to— (i) (ii) means of escape from ﬁre; or access and facilities for persons with disabilities; and the improvements referred to in paragraph (b) outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code.
Compare: 1991 No 150 s 38 99 Part 2 s 113 Building Act 2004 Reprinted as at 24 August 2004 Subsection (1)(a) was amended, as from 14 April 2005, by section 12 Building Amendment Act 2005 (2005 No 31) by omitting the words “and to the same extent as if it were a new building”.

113 Buildings with speciﬁed intended lives (1) This section applies if a proposed building, or an existing building proposed to be altered, is intended to have a life of 50 years or less.
(2) A territorial authority may grant a building consent only if the consent is subject to— (a) the condition that the building must be altered, re­ moved, or demolished on or before the end of the speciﬁed intended life; and any other conditions that the territorial authority con­ siders necessary.
(b) (3) In subsection (2), speciﬁed intended life, in relation to a build­ ing, means the period of time, as stated in an application for a building consent or in the consent itself, for which the building is proposed to be used for its intended use.
Compare: 1991 No 150 s 39 Change of use, extension of life, and subdivision of buildings 114 Owner must give notice of change of use, extension of life, (1) or subdivision of buildings In this section and section 115, change the use, in relation to a building, means to change the use of the building in a manner described in the regulations.
(2) An owner of a building must give written notice to the terri­ torial authority if the owner proposes— to change the use of a building; or (a) to extend the life of a building that has a speciﬁed in­ (b) tended life; or to subdivide land in a manner that affects a building.

(c) (3) A person commits an offence if the person fails to comply with subsection (2).

(4) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 46(1) 100 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 116 115 Code compliance requirements: change of use An owner of a building must not change the use of the build­ ing,— (a) (b) in a case where the change involves the incorporation in the building of 1 or more household units where house­ hold units did not exist before, unless the territorial au­ thority gives the owner written notice that the territor­ ial authority is satisﬁed, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all re­ spects; and in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisﬁed, on reasonable grounds, that the building, in its new use, will— (i) comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters: (A) means of escape from ﬁre, protection of other property, sanitary facilities, struc­ tural performance, and ﬁre­rating per­ formance: access and facilities for people with dis­ abilities (if this is a requirement under sec­ tion 118); and (B) (ii) continue to comply with the other provisions of the building code to at least the same extent as before the change of use.
Compare: 1991 No 150 s 46(2) Paragraph (b)(i) was substituted, as from 14 April 2005, by section 13 Building Amendment Act 2005 (2005 No 31).

116 Code compliance requirements: extension of life (1) The owner of a building with a speciﬁed intended life must not extend its life without the written consent of the territorial authority.
This subsection applies to a building with a speciﬁed intended life if— (2) 101 Part 2 s 116A Building Act 2004 Reprinted as at 24 August 2004 (a) (b) under section 113(2), a building consent for its building or alteration was issued subject to the condition that it must be altered on or before the end of the speciﬁed intended life; or under section 39(1) of the Building Act 1991, a building consent for its building or alteration was issued subject to the condition that it shall be altered on or before the end of the speciﬁed intended life.
The territorial authority must not give its consent to the exten­ sion of the life of a building to which subsection (2) applies unless satisﬁed, on reasonable grounds, that the building— (a) (b) Section 116 was substituted, as from 14 April 2005, by section 14(1) Building Amendment Act 2005 (2005 No 31).

has been altered in accordance with the condition; and complies with section 112.
(3) 116A Code compliance requirements: subdivision A territorial authority must not issue a certiﬁcate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless satisﬁed, on reasonable grounds, that the building— (a) will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to one or more of the following matters: means of escape from ﬁre: (i) access and facilities for persons with disabilities (ii) (if this is a requirement under section 118): protection of other property; and (iii) (b) will continue to comply with the other provisions of the building code to at least the same extent as it did before the application for a subdivision was made.
Sections 116A and 116B were inserted, as from 14 April 2005, by section 14(1) Building Amendment Act 2005 (2005 No 31).
116B Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from ﬁre (1) No person may— 102 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 118 (a) (b) use a building, or knowingly permit another person to use a building, for a use for which the building is not safe or not sanitary; or use a building, or knowingly permit another person to use a building, that has inadequate means of escape from ﬁre.
(2) A person who fails to comply with subsection (1) commits an offence.

(3) A person who commits an offence under this section is liable to a ﬁne not exceeding $100,000 and, in the case of a continuing offence, to a further ﬁne not exceeding $10,000 for every day or part of a day during which the offence has continued.

Sections 116A and 116B were inserted, as from 14 April 2005, by section 14(1) Building Amendment Act 2005 (2005 No 31).
Access to buildings by persons with disabilities 117 Deﬁnition for sections 118 to 120 In sections 118 to 120, unless the context otherwise requires, building includes— (a) parts of a building (including driveways, access ways, passages within and between complexes and develop­ ments, and associated landscaping (if any)); and any premises or facilities.
(b) 118 Access and facilities for persons with disabilities to and (1) within buildings If provision is being made for the construction or alteration of any building to which members of the public are to be admit­ ted, whether for free or on payment of a charge, reasonable and adequate provision by way of access, parking provisions, and sanitary facilities must be made for persons with disabil­ ities who may be expected to— (a) (b) visit or work in that building; and carry out normal activities and processes in that build­ ing.
103 Part 2 s 119 Building Act 2004 Reprinted as at 24 August 2004 (2) This section applies, but is not limited, to buildings that are intended to be used for, or associated with, 1 or more of the purposes speciﬁed in Schedule 2.
Compare: 1991 No 150 s 47A(1) 119 Compliance document for requirements of persons with (1) disabilities This section applies to— (a) (b) the New Zealand Standard Speciﬁcation No 4121 (the code of practice for design for access and use of build­ ings by persons with disabilities), together with any modiﬁcations to that standard speciﬁcation in force im­ mediately before the commencement of this section; or if an Order in Council is made under subsection (3),— the standard speciﬁcation referred to in paragraph (i) (a) incorporating an amendment that is adopted by the order; or a standard speciﬁcation that is in substitution for the standard speciﬁcation referred to in paragraph (a) that is adopted by the order.
(ii) (2) A standard speciﬁcation to which this section applies is to be taken as a compliance document.

The Governor­General may, by Order in Council made on the recommendation of the Minister, adopt— (a) an amendment to the standard speciﬁcation referred to in subsection (1)(a); or a standard speciﬁcation that is in substitution for the standard speciﬁcation referred to in that subsection.
(b) The Minister must, no later than 6 months after the date on which an amendment or a standard speciﬁcation is promul­ gated by the Standards Council,— (a) make a recommendation under subsection (3) in rela­ tion to the amendment or standard speciﬁcation; or decide not to make a recommendation.

(b) In this section, Standards Council means the Standards Council continued in existence under section 3 of the Standards Act 1988.
Compare: 1991 No 150 s 47A(3) (3) (4) (5) 104 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 122 120 Access symbol must be displayed If any provision required by section 118 is made at a building in compliance with that section, a notice or sign that indicates in accordance with the international access symbol that pro­ vision is made for the needs of persons with disabilities must be displayed outside the building or so as to be visible from outside it.
Compare: 1991 No 150 s 47A(5) Subpart 6—Special provisions for certain categories of buildings Deﬁnitions of dangerous, earthquake­prone, and insanitary buildings 121 Meaning of dangerous building (1) A building is dangerous for the purposes of this Act if,— (a) (b) in the ordinary course of events (excluding the occur­ rence of an earthquake), the building is likely to cause— injury or death (whether by collapse or other­ (i) wise) to any persons in it or to persons on other property; or damage to other property; or (ii) in the event of ﬁre, injury or death to any persons in the building or to persons on other property is likely because of ﬁre hazard or the occupancy of the building.
For the purpose of determining whether a building is danger­ ous in terms of subsection (1)(b), a territorial authority— (a) may seek advice from members of the New Zealand Fire Service who have been notiﬁed to the territorial authority by the Fire Service National Commander as being competent to give advice; and if the advice is sought, must have due regard to the ad­ vice.
(b) (2) Compare: 1991 No 150 s 64(1), (2), (3) 122 Meaning of earthquake­prone building (1) A building is earthquake prone for the purposes of this Act if, having regard to its condition and to the ground on which it is built, and because of its construction, the building— 105 Part 2 s 123 Building Act 2004 Reprinted as at 24 August 2004 (a) will have its ultimate capacity exceeded in a moderate earthquake (as deﬁned in the regulations); and (b) would be likely to collapse causing— (i) (ii) injury or death to persons in the building or to persons on any other property; or damage to any other property.
Subsection (1) does not apply to a building that is used wholly or mainly for residential purposes unless the building— (a) (b) Compare: 1991 No 150 s 66 comprises 2 or more storeys; and contains 3 or more household units.
(2) 123 Meaning of insanitary building (b) A building is insanitary for the purposes of this Act if the build­ ing— (a) of how it is situated or constructed; or it is in a state of disrepair; or is offensive or likely to be injurious to health because— (i) (ii) has insufﬁcient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building; or does not have a supply of potable water that is adequate for its intended use; or does not have sanitary facilities that are adequate for its intended use.
Compare: 1991 No 150 s 64(4) (d) (c) Powers of territorial authorities in respect of dangerous, earthquake­prone, or insanitary buildings 124 Powers of territorial authorities in respect of dangerous, earthquake­prone, or insanitary buildings If a territorial authority is satisﬁed that a building is dangerous, earthquake prone, or insanitary, the territorial authority may— put up a hoarding or fence to prevent people from ap­ (a) proaching the building nearer than is safe: attach in a prominent place on, or adjacent to, the build­ ing a notice that warns people not to approach the build­ ing: (b) (1) 106 Reprinted as at 24 August 2004 (c) Building Act 2004 Part 2 s 125 give written notice requiring work to be carried out on the building, within a time stated in the notice (which must not be less than 10 days after the notice is given under section 125), to— (i) (ii) reduce or remove the danger; or prevent the building from remaining insanitary.
This section does not limit the powers of a territorial authority under this Part.

(2) (3) A person commits an offence if the person fails to comply with a notice given under subsection (1)(c).

(4) A person who commits an offence under this section is liable to a ﬁne not exceeding $200,000.
Compare: 1991 No 150 s 65(1), (2) 125 Requirements for notice given under section 124 (1) A notice given under section 124(1)(c) must— be ﬁxed to the building concerned; and state whether the owner of the building must obtain a building consent in order to carry out the work required by the notice.
(a) (b) (2) A copy of the notice must be given to— (a) (b) (c) (d) (e) (f) the owner of the building; and an occupier of the building; and every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 1952; and every person claiming an interest in the land that is pro­ tected by a caveat lodged and in force under section 137 of the Land Transfer Act 1952; and any statutory authority, if the land or building has been classiﬁed; and the New Zealand Historic Places Trust, if the building is a heritage building.
(3) However, the notice, if ﬁxed on the building, is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (2).
Compare: 1991 No 150 s 71 107 Part 2 s 126 Building Act 2004 Reprinted as at 24 August 2004 126 Territorial authority may carry out work (1) A territorial authority may apply to a District Court for an order authorising the territorial authority to carry out building work if any work required under a notice given by the territor­ ial authority under section 124(1)(c) is not completed, or not proceeding with reasonable speed, within— the time stated in the notice; or (a) any further time that the territorial authority may allow.
(b) Before the territorial authority applies to a District Court under subsection (1), the territorial authority must give the owner of the building not less than 10 days’ written notice of its inten­ tion to do so.
If a territorial authority carries out building work under the authority of an order made under subsection (1),— (a) (3) (2) the owner of the building is liable for the costs of the work; and the territorial authority may recover those costs from the owner; and the amount recoverable by the territorial authority be­ comes a charge on the land on which the work was car­ ried out.
(b) (c) Compare: 1991 No 150 s 65(4), (5) 127 Building work includes demolition of building Any work required or authorised to be done under section 124(1)(c) or section 126 may include the demolition of all or part of a building.
Compare: 1991 No 150 s 65(6) 128 Prohibition on using dangerous, earthquake­prone, or (1) insanitary building If a territorial authority has put up a hoarding or fence in re­ lation to a building or attached a notice warning people not to approach a building under section 124(1), no person may— (a) (b) use or occupy the building; or permit another person to use or occupy the building.

(2) A person commits an offence if the person fails to comply with this section.
108 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 130 (3) A person who commits an offence under this section is liable to a ﬁne not exceeding $200,000 and, in the case of a continuing offence, to a further ﬁne not exceeding $20,000 for every day or part of a day during which the offence has continued.
129 Measures to avoid immediate danger or to ﬁx insanitary (1) (2) (3) (4) conditions This section applies if, because of the state of a building,— (a) immediate danger to the safety of people is likely in terms of section 121 or section 122 or section 123; or immediate action is necessary to ﬁx insanitary condi­ tions.

(b) remove that danger; or ﬁx those insanitary conditions.
The chief executive of a territorial authority may, by warrant issued under his or her signature, cause any action to be taken that is necessary in his or her judgment to— (a) (b) If the territorial authority takes action under subsection (2),— the owner of the building is liable for the costs of the (a) action; and the territorial authority may recover those costs from the owner; and the amount recoverable by the territorial authority be­ comes a charge on the land on which the building is situated.
(b) (c) The chief executive of the territorial authority and the territor­ ial authority are not under any liability arising from the issue, in good faith, of a warrant under subsection (2).
Compare: 1991 No 150 s 70(1), (4) 130 Territorial authority must apply to District Court for (1) conﬁrmation of warrant If the chief executive of a territorial authority issues a warrant under section 129(2), the territorial authority, on completion of the action stated in the warrant, must apply to a District Court for conﬁrmation of the warrant.
(2) On hearing the application, the District Court may— (a) conﬁrm the warrant without modiﬁcation; or 109 Part 2 s 131 Building Act 2004 Reprinted as at 24 August 2004 (3) conﬁrm the warrant subject to modiﬁcation; or (b) (c) set the warrant aside.
Subsection (1) does not apply if— (a) the owner of the building concerned notiﬁes the terri­ torial authority that— (i) the owner does not dispute the entry into the owner’s land; and conﬁrmation of the warrant by a District Court is not required; and (ii) the owner pays the costs referred to in section 129(3)(a).
(b) Compare: 1991 No 150 s 70(2), (3) Policy on dangerous, earthquake­prone, and insanitary buildings 131 Territorial authority must adopt policy on dangerous, earthquake­prone, and insanitary buildings (1) A territorial authority must, within 18 months after the com­ mencement of this section, adopt a policy on dangerous, earth­ quake­prone, and insanitary buildings within its district.
The policy must state— (a) (2) the approach that the territorial authority will take in performing its functions under this Part; and the territorial authority’s priorities in performing those functions; and how the policy will apply to heritage buildings.

(b) (c) 132 Adoption and review of policy (1) A policy under section 131 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.
(2) A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

(3) A territorial authority must, as soon as practicable after adopt­ ing or amending a policy, provide a copy of the policy to the chief executive.
110 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 134 (4) A territorial authority must complete a review of a policy within 5 years after the policy is adopted and then at intervals of not more than 5 years.

(5) A policy does not cease to have effect because it is due for review or being reviewed.

Application of subpart to dams 133 Application of this subpart to dams This subpart does not apply to— a building that is a dam; or (a) a part of a building that is a dam.
(b) Subpart 7—Safety of dams Classiﬁcation of dams 134 Owner must classify dam (1) An owner of a dam must classify the dam according to the potential impact of a failure of the dam on persons, property, and the environment.
In classifying a dam, the owner must— (a) (2) apply the prescribed criteria and standards for dam safety; and give the dam 1 of the following classiﬁcations: (i) low potential impact; or (ii) medium potential impact; or (iii) submit the classiﬁcation of the dam to a recognised en­ gineer for audit.

high potential impact; and (b) (c) (3) A person commits an offence if the person fails to classify a dam in accordance with this section.
(4) A person who commits an offence under this section is liable (5) to a ﬁne not exceeding $20,000.

For the purposes of this section, the prescribed criteria and standards for dam safety may incorporate, in accordance with sections 405 to 413, the standards, requirements, or recom­ mended practices of national or international organisations that are concerned with the operation and safety of dams.
111 Part 2 s 135 Building Act 2004 Reprinted as at 24 August 2004 135 Owner must provide classiﬁcation of, and certiﬁcate for, dam to regional authority (1) An owner of a dam must provide the regional authority in whose region the dam is situated with— (a) (b) the classiﬁcation given by the owner to the dam; and a certiﬁcate from an engineer that— (i) states that the classiﬁcation of the dam accords with the prescribed criteria and standards for dam safety; and states that the engineer is a recognised engineer; and has attached to it evidence that the engineer is a recognised engineer.
(ii) (iii) (2) The owner must comply with subsection (1) no later than,— if the dam was commissioned before the commence­ (a) ment of this Part, 3 months after the regulations pre­ scribing the criteria and standards for dam safety come into force; or if the dam is commissioned after the commencement of this Part, 3 months after the date on which the dam was commissioned.
(b) 136 Regional authority must decide whether to approve or refuse dam classiﬁcation (1) A regional authority must, as soon as practicable after receiv­ ing a classiﬁcation given by an owner to a dam under section 135, give written notice to the owner as to whether the regional authority— (a) (b) approves the classiﬁcation; or refuses to approve the classiﬁcation.
(2) A regional authority may refuse to approve a classiﬁcation only if the regional authority is satisﬁed, on reasonable grounds, that the engineer who provided the certiﬁcate re­ ferred to in section 135(1)(b) is not a recognised engineer.
137 Dam classiﬁcation provided to regional authority by accredited dam owner deemed to have been approved Despite sections 134 to 136,— (a) an accredited dam owner is not required to— 112 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 139 (i) (ii) submit a classiﬁcation given to a dam by the ac­ credited dam owner for audit; and provide the regional authority with the certiﬁcate referred to in section 135(1)(b); and the classiﬁcation given to a dam by the accredited dam owner is deemed, on receipt of the classiﬁcation by the regional authority, to have been approved by that re­ gional authority under section 136.
(b) 138 Regional authority must require re­audit of dam (1) (2) classiﬁcation that it refuses to approve If a regional authority refuses to approve the classiﬁcation given by an owner to a dam,— (a) the regional authority must direct the owner to have the classiﬁcation audited by a recognised engineer; and the owner must, within the time required by subsection (2), submit to the regional authority— a re­audited classiﬁcation; and (i) a certiﬁcate from the recognised engineer that (ii) meets the requirements in section 135(1)(b).
(b) The time required is— (a) 15 working days after the date on which the regional authority refused to approve the classiﬁcation; or any later date that the regional authority in any particu­ lar case may allow.

(b) (3) Subsection (1) and section 136 apply, with all necessary modi­ ﬁcations, to a re­audited classiﬁcation.

(4) A person commits an offence if the person fails to comply with a regional authority’s direction under subsection (1)(a).
(5) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.

139 Owner must review dam classiﬁcation (1) An owner of a dam must review the dam’s classiﬁcation— (a) (b) within 5 years after the regional authority approves, or is deemed to approve, the classiﬁcation; and after the ﬁrst review, at intervals of not more than 5 years.
113 Part 2 s 140 Building Act 2004 Reprinted as at 24 August 2004 (2) The owner must also review the dam’s classiﬁcation if, at any time,— (a) any building work that requires a building consent is carried out on the dam; and the building work results, or could result, in a change to the potential impact of a failure of the dam on persons, property, or the environment.
(b) (3) Sections 135 to 138 apply, with all necessary modiﬁcations, to a classiﬁcation that is given to a dam following a review under this section.

Dam safety assurance programmes 140 Requirement for dam safety assurance programme (1) This section applies to an owner of a dam that has been classi­ ﬁed under section 134, or reclassiﬁed under section 139, as— (a) (b) a medium potential impact dam; or a high potential impact dam.
(2) An owner to whom this section applies must— (a) (b) prepare, or arrange for the preparation of, a dam safety assurance programme for the dam; and submit the dam safety assurance programme to a recog­ nised engineer for audit.

(3) A person commits an offence if the person fails to comply with subsection (2).

(4) A person who commits an offence under this section is liable (5) to a ﬁne not exceeding $20,000.
To avoid doubt, a person may do both of the following in re­ spect of the same dam if the person is a recognised engineer: prepare the dam safety assurance programme for that (a) dam; and audit the dam safety assurance programme for that dam.

(b) 141 Content of dam safety assurance programme A dam safety assurance programme must— (a) be in the prescribed form; and (b) meet the prescribed criteria and standards for dam safety.
114 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 143 142 Owner must provide dam safety assurance programme to regional authority (1) An owner of a dam to whom section 140 applies must pro­ vide the regional authority in whose region the dam is situated with— (a) (b) the owner’s dam safety assurance programme; and a certiﬁcate from an engineer that— (i) states that the dam safety assurance programme meets the prescribed criteria and standards for dam safety; and states that the engineer is a recognised engineer; and has attached to it evidence that the engineer is a recognised engineer.
(ii) (iii) (2) The owner must comply with subsection (1) no later than,— if the dam has been classiﬁed as a high potential im­ (a) pact dam, 1 year after the date on which the regional authority approves, or is deemed to approve, that clas­ siﬁcation; or if the dam has been classiﬁed as a medium potential im­ pact dam, 2 years after the date on which the regional authority approves, or is deemed to approve, that clas­ siﬁcation.
(b) 143 Regional authority must decide whether to approve or refuse dam safety assurance programme (1) A regional authority must, as soon as practicable after receiv­ ing a dam safety assurance programme, give written notice to the relevant owner as to whether the regional authority— approves the dam safety assurance programme; or (a) refuses to approve the dam safety assurance pro­ (b) gramme.
(2) A regional authority may refuse to approve a dam safety assur­ ance programme only if the regional authority is satisﬁed, on reasonable grounds, that the engineer who provided the cer­ tiﬁcate referred to in section 142(1)(b) is not a recognised en­ gineer.
115 Part 2 s 144 Building Act 2004 Reprinted as at 24 August 2004 144 Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved Despite sections 140 to 143,— (a) an accredited dam owner is not required to— (i) submit the owner’s dam safety assurance pro­ gramme for audit; and provide the regional authority with the certiﬁcate referred to in section 142(1)(b); and (ii) (b) the dam safety assurance programme provided to the regional authority by the accredited dam owner is deemed, on its receipt by the regional authority, to have been approved by that regional authority under section 143.
145 Regional authority must require re­audit of dam safety assurance programme that it refuses to approve If a regional authority refuses to approve a dam safety assur­ ance programme,— (a) (1) the regional authority must direct the owner of the dam concerned to have the dam safety assurance programme audited by a recognised engineer; and the owner must, within the time required by subsection (2), submit to the regional authority— (i) a re­audited dam safety assurance programme; and a certiﬁcate from the recognised engineer that meets the requirements of section 142(1)(b).
(ii) (2) The time required is— (a) 15 working days after the date on which the regional authority refused to approve the dam safety assurance programme; or any later date that the regional authority in any particu­ lar case may allow.

(b) (b) (3) Subsection (1) and section 143 apply, with all necessary modi­ ﬁcations, to a re­audited dam safety assurance programme.

(4) A person commits an offence if the person fails to comply with a direction under subsection (1)(a).
116 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 147 (5) A person who commits an offence under this section is liable to a ﬁne not exceeding $10,000.
146 Review of dam safety assurance programme (1) An owner of a dam to whom section 140 applies must review the dam safety assurance programme of a dam,— (a) in the case of a dam that has been classiﬁed as a high potential impact dam,— (i) within 5 years after the date on which the regional authority approves, or is deemed to approve, the dam safety assurance programme; and after the ﬁrst review, at intervals of not more than 5 years; and (ii) (b) in the case of a dam that has been classiﬁed as a medium potential impact dam,— (i) within 10 years after the date on which the re­ gional authority approves, or is deemed to ap­ prove, the dam safety assurance programme; and after the ﬁrst review, at intervals of not more than 5 years.
(ii) (2) The owner must also review the dam safety assurance pro­ gramme if, at any time,— (a) building work that requires a building consent is carried out on the dam; and the building work results, or could result, in a change to the potential impact of the dam on persons, property, or the environment.

(b) (3) Sections 142 and 143 apply, with all necessary modiﬁcations, to a reviewed dam safety assurance programme.
147 Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme The requirements of sections 140 to 142 that apply to prepar­ ing a dam safety assurance programme apply also to an amend­ ment to that programme.
117 Part 2 s 148 Building Act 2004 Reprinted as at 24 August 2004 148 Obligations of owner in relation to dam safety assurance programme An owner of a dam for which a dam safety assurance pro­ gramme has been approved, or is deemed to have been ap­ proved, must ensure— (a) that the dam safety assurance programme is kept— (i) (ii) on the dam; or in another building in the region of the regional authority; or in some other place agreed on by the owner and the regional authority; and (iii) (b) that the dam safety assurance programme is available for inspection by— (i) (ii) the regional authority; or any person or organisation who or that has a right to inspect the dam under any Act.
Compare: 1991 No 150 s 44(2), (3), (4) Who is recognised engineer 149 Who is recognised engineer (1) A recognised engineer is an engineer who— the Chartered Professional (a) (b) (c) registered under has no ﬁnancial interest in the dam concerned; and is Engineers of New Zealand Act 2002; and has— (i) (ii) the prescribed qualiﬁcations; and the prescribed competencies.
In subsection (1)(a), ﬁnancial interest does not include— (a) involvement in the construction of the dam as a fully paid engineer; or entitlement to a fee for undertaking an audit.
(b) (2) Dam compliance certiﬁcate 150 Owner of dam must supply annual dam compliance certiﬁcate (1) An owner of a dam for which a dam safety assurance pro­ gramme has been approved, or is deemed to have been ap­ 118 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 150 proved, must supply to the regional authority a dam compli­ ance certiﬁcate in accordance with subsection (2).
The dam compliance certiﬁcate must— (a) (2) (b) (c) (d) (e) (f) be supplied on each anniversary of the approval, or deemed approval, of the dam safety assurance pro­ gramme; and state that all procedures in the dam safety assurance pro­ gramme have been fully complied with during the pre­ vious 12 months; and be signed by,— (i) (ii) if the owner is an individual, that individual; or if the owner is a body corporate, the chief execu­ tive of that body corporate or, if there is no chief executive, a person with an equivalent position in the body corporate; and be in the prescribed form; and contain the prescribed information; and have attached to it a certiﬁcate from an engineer that— (i) conﬁrms that— (A) the engineer has reviewed the owner’s re­ ports and other documents relating to the procedures in the dam safety assurance programme that the owner has followed in the previous 12 months; and all procedures in the dam safety assurance programme have been complied with dur­ ing the previous 12 months; and (B) (ii) (iii) states that the engineer is a recognised engineer; and has attached to it evidence that the engineer is a recognised engineer.
(3) The owner must publicly display a copy of the dam compli­ ance certiﬁcate in a prominent place on the dam.

(4) A person commits an offence if the person knowingly— (a) (b) fails to display a dam compliance certiﬁcate that is re­ quired to be displayed under this section; or displays a false or misleading dam compliance certiﬁ­ cate; or 119 Part 2 s 151 Building Act 2004 Reprinted as at 24 August 2004 (c) displays a dam compliance certiﬁcate otherwise than in accordance with this section.
(5) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.

Compare: 1991 No 150 s 45(1), (2) 151 Register of dams Each regional authority must establish and maintain a register of dams in its district.

152 Information to be provided to chief executive Each regional authority and each owner of a dam must pro­ vide information to the chief executive in accordance with the regulations.
153 Meaning of dangerous dam Dangerous dams (b) A dam is dangerous for the purposes of this Act if the dam— is a high potential impact dam or a medium potential (a) impact dam; and is likely to collapse— (i) (ii) in the ordinary course of events; or in a moderate earthquake (as deﬁned in the regu­ lations); or in a moderate ﬂood (as deﬁned in the regula­ tions); or is a leaky dam.
(iii) (c) 154 Powers of regional authorities in respect of dangerous dams If a regional authority is satisﬁed that a dam is dangerous, the regional authority may— (a) put up a hoarding or fence to prevent people from ap­ proaching the dam nearer than is safe: attach in a prominent place on, or adjacent to, the dam a notice that warns people not to approach the dam: give written notice requiring work to be carried out on the dam, within a time stated in the notice (which must (b) (c) (1) 120 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 156 not be less than 10 days after the notice is given under section 155), to reduce or remove the danger.
(2) This section does not limit the powers of a regional authority under this Part.

(3) A person commits an offence if the person fails to comply with a notice given under subsection (1)(c).

(4) A person who commits an offence under this section is liable to a ﬁne not exceeding $200,000.
155 Requirements for notice given under section 154 (1) A notice given under section 154(1)(c) must— (a) (b) be ﬁxed to the dam concerned; and state whether the owner of the dam must obtain a build­ ing consent in order to carry out the work required by the notice.
(2) A copy of the notice must be given to— (a) (b) (c) (d) (e) (f) the owner of the dam; and an occupier of the dam; and every person who has an interest in the land on which the dam is situated under a mortgage or other encum­ brance registered under the Land Transfer Act 1952; and every person claiming an interest in the land that is pro­ tected by a caveat lodged and in force under section 137 of the Land Transfer Act 1952; and any statutory authority, if the land or dam has been clas­ siﬁed; and the New Zealand Historic Places Trust, if the dam is a heritage dam.
(3) However, the notice, if ﬁxed on the dam, is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (2).
156 Regional authority may carry out work (1) A regional authority may apply to a District Court for an order authorising the regional authority to carry out building work if any work required under a notice given by the regional author­ 121 Part 2 s 157 Building Act 2004 Reprinted as at 24 August 2004 (2) (3) ity under section 154(1)(c) is not completed, or not proceeding with reasonable speed, within— the time stated in the notice; or (a) any further time that the regional authority may allow.
(b) Before the regional authority applies to a District Court under subsection (1), the regional authority must give the owner of the dam not less than 10 days’ written notice of its intention to do so.
If a regional authority carries out building work under the au­ thority of an order made under subsection (1),— (a) the owner of the dam is liable for the costs of the work; and the regional authority may recover those costs from the owner; and the amount recoverable by the regional authority be­ comes a charge on the land on which the dam is situ­ ated.
(b) (c) 157 Measures to avoid immediate danger (1) This section applies if, because of the state of a dam, imme­ diate danger to the safety of persons, property, or the environ­ ment is likely.

The chief executive of a regional authority may, by warrant issued under his or her signature, cause any action to be taken that is necessary in his or her judgment to remove that danger.
If the regional authority takes action under subsection (2),— the owner of the dam is liable for the costs of the action; (a) and the regional authority may recover those costs from the owner; and the amount recoverable by the regional authority be­ comes a charge on the land on which the dam is situ­ ated.

(b) (c) The chief executive of the regional authority and the regional authority are not under any liability arising from the issue, in good faith, of a warrant under subsection (2).
Compare: 1991 No 150 s 70(1), (2), (4) (2) (3) (4) 122 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 161 158 Regional authority must apply to District Court for (1) conﬁrmation of warrant If the chief executive of a regional authority issues a warrant under section 157(2), the regional authority, on completion of the action stated in the warrant, must apply to a District Court for conﬁrmation of the warrant.
(2) On hearing the application, the District Court may— (3) conﬁrm the warrant without modiﬁcation; or (a) conﬁrm the warrant subject to modiﬁcation; or (b) (c) set the warrant aside.

Subsection (1) does not apply if— (a) the owner of the dam concerned notiﬁes the regional authority that— (i) the owner does not dispute the entry into the owner’s land; and conﬁrmation of the warrant by a District Court is not required; and (ii) the owner pays the costs referred to in section 157(3)(a).
(b) Compare: 1991 No 150 s 70(3) 159 Building work includes decommissioning and demolition of dam Any work required or authorised to be carried out under sec­ tion 154(1)(c), or action taken under section 157, may include the decommissioning and demolition of a dam.

160 Power of regional authority not limited The provisions of sections 154 to 159 are in addition to, and do not limit, the powers of a regional authority under section 157.
Policy on dangerous dams 161 Regional authority must adopt policy on dangerous dams (1) A regional authority must, within 18 months after the com­ mencement of this Part, adopt a policy on dangerous dams within its district.
The policy must state— (2) 123 Part 2 s 162 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) (c) the approach that the regional authority will take in per­ forming its functions under this Part; and the regional authority’s priorities in performing those functions; and how the policy will apply to heritage dams.

162 Adoption and review of policy (1) A policy under section 161 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.
(2) A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

(3) A regional authority must, as soon as practicable after adopting or amending a policy, provide a copy of the policy to the chief executive.

(4) A regional authority must complete a review of a policy within 5 years after the policy is adopted and then at intervals of not more than 5 years.
(5) A policy does not cease to have effect because it is due for review or being reviewed.
Subpart 8—Notices to ﬁx 163 Deﬁnitions for this subpart In this subpart, unless the context otherwise requires,— responsible authority means, as the context requires,— a building consent authority; or (a) a territorial authority; or (b) a regional authority (c) speciﬁed person means— (a) (b) the owner of a building; and if the notice to ﬁx relates to building work being carried out,— (i) (ii) the person carrying out the building work; or if applicable, any other person supervising the building work.
124 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 165 164 (1) Issue of notice to ﬁx This section applies if a responsible authority considers on rea­ sonable grounds that— (a) a speciﬁed person is contravening or failing to comply with this Act or the regulations (for example, the re­ quirement to obtain a building consent); or a building warrant of ﬁtness or dam warrant of ﬁtness is not correct; or the inspection, maintenance, or reporting procedures stated in a compliance schedule are not being, or have not been, properly complied with.
(b) (c) (b) (c) (2) A responsible authority must issue to the speciﬁed person con­ cerned a notice (a notice to ﬁx) requiring the person— (a) to remedy the contravention of, or to comply with, this Act or the regulations; or to correct the warrant of ﬁtness; or to properly comply with the inspection, maintenance, or reporting procedures stated in the compliance schedule.
(3) However, if a responsible authority considers that it is more appropriate for another responsible authority to issue the no­ tice to ﬁx, it must— (a) notify the other authority that it holds that view; and give the other authority the reasons for that view.

(b) The other responsible authority referred to in subsection (3) must issue the notice to ﬁx if it considers that this section applies.
Compare: 1991 No 150 s 42(1) (4) 165 Form and content of notice to ﬁx (1) The following provisions apply to a notice to ﬁx: (a) (b) it must be in the prescribed form: it must state a reasonable timeframe within which it must be complied with: if it relates to building work that is being or has been carried out without a building consent, it may require the making of an application for a certiﬁcate of accept­ ance for the work: if it requires building work to be carried out, it may re­ quire the making of an application for a building con­ (c) (d) 125 Part 2 s 166 Building Act 2004 Reprinted as at 24 August 2004 (e) (f) sent, or for an amendment to an existing building con­ sent, for the work: if it requires building work to be carried out, it must require the territorial authority, the regional authority, or both to be contacted when the work is completed: if it relates to building work, it may direct that all or any building work cease immediately until the responsible authority is satisﬁed that the person carrying it out is able and willing to resume operations in compliance with this Act and the regulations.
(2) Nothing in subsection (1) limits or affects the generality of section 164.

Section 165 was substituted, as from 14 April 2005, by section 15(1) Building Amendment Act 2005 (2005 No 31).
166 Special provisions for notices to ﬁx from building consent (1) authority If section 164 applies because a building consent authority that is not a territorial authority or a regional authority that granted a building consent for building work considers that the build­ ing work has not been, or is not being, carried out in accord­ ance with this Act or the building consent, a notice to ﬁx ap­ plies only— (a) to building work required during the period in which a building consent is operative; or in respect of building work for which a building consent should have been obtained; or in respect of building work for which a building consent was not required but where there was a requirement that the work meet the building code.
(b) (c) (2) A building consent authority that is not a territorial authority that issues a notice to ﬁx must, within 5 working days after issuing it, give a copy of it to— the territorial authority; or (a) if the territorial authority has transferred, under section (b) 233, any of its functions, duties, or powers under this Act to another territorial authority, the territorial author­ 126 Reprinted as at 24 August 2004 Building Act 2004 Part 2 s 167 ity to whom the functions, duties, or powers have been transferred.
Compare: 1991 No 150 s 42(3) Subsection (1) was amended, as from 14 April 2005, by section 3(6)(a) Build­ ing Amendment Act 2005 (2005 No 31) by inserting the words “that is not a territorial authority or a regional authority” after the word “authority”.

Subsection (2) was amended, as from 14 April 2005, by section 3(6)(b) Build­ ing Amendment Act 2005 (2005 No 31) by inserting the words “that is not a territorial authority” after the word “authority” where it ﬁrst occurs.
Subsection (2)(a) was amended, as from 14 April 2005, by section 3(6)(c) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “for the district in which the building work is situated”.
167 (1) Inspection of building work under notice to ﬁx If a speciﬁed person to whom a notice to ﬁx was issued is re­ quired to notify a territorial authority or, as the case may be, a regional authority that the relevant building work has been completed, the territorial authority or regional authority must, on receipt of the notice from the speciﬁed person concerned, inspect, or arrange for its authorised agent to inspect, the build­ ing work to which the notice to ﬁx relates.
(2) After the building work has been inspected under subsection (1), the territorial authority or regional authority must, by writ­ ten notice to the speciﬁed person concerned, either— (a) (b) conﬁrm that the notice to ﬁx has been complied with; or refuse to conﬁrm that the notice to ﬁx has been complied with.
(3) (4) The territorial authority or regional authority must, on giving the conﬁrmation under subsection (2)(a), forward a copy of the conﬁrmation to the responsible authority that issued the notice to ﬁx (if that responsible authority is different from the territorial authority or regional authority).
If the territorial authority or regional authority refuses, under subsection (2)(b), to conﬁrm that a notice to ﬁx has been complied with, the territorial authority or regional authority must— (a) give the speciﬁed person concerned written notice of— (i) (ii) the refusal; and the reasons for the refusal; and 127 Part 2 s 168 Building Act 2004 Reprinted as at 24 August 2004 (b) issue a further notice to ﬁx in respect of the building work.
(5) Section 164 applies to a notice to ﬁx issued under subsection (4)(b).

168 Offence not to comply with notice to ﬁx (1) A person commits an offence if the person fails to comply with a notice to ﬁx.

(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $200,000 and, in the case of a continuing offence, to a further ﬁne not exceeding $20,000 for every day or part of a day during which the offence has continued.
Part 3 Regulatory responsibilities and accreditation Subpart 1—Responsibilities of chief executive Functions, duties, and powers of chief executive generally 169 Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister The chief executive must monitor current and emerging trends in building design, building technologies, and other factors that may affect— (a) (b) the building code and compliance documents: any warnings issued, and bans declared, under section 26 in relation to any building method or product: any guidance information published by the chief execu­ tive under section 175: any other functions and duties of the chief executive under this Act.
(c) (d) The chief executive must, in each year, make a report to the Minister on the performance of his or her functions under sub­ section (1).
(1) (2) 128 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 172 170 Chief executive must consult in performing certain functions The chief executive must, in performing his or her functions, consult with,— (a) in the case of functions that involve advice, approval, and determinations about ﬁre safety and ﬁre­engineer­ ing practice, the New Zealand Fire Service Commis­ sion: in the case of disability issues, the chief executive of the department of State responsible for disability issues.
(b) Compare: 1991 No 150 s 12(2) 171 Chief executive may seek advice from building advisory (1) panel The chief executive may, at any time, seek advice from a build­ ing advisory panel appointed under section 172 on— (a) current and emerging trends in building design, building technologies, and other factors that may affect— (i) (ii) the building code and compliance documents: any warnings issued, or bans declared, under sec­ tion 26 in relation to any building method or product: any guidance information published by the chief executive under section 175: (iii) (b) whether this Act or the regulations are achieving their (c) (d) purpose: building issues that are not covered by this Act, but which the panel considers should be dealt with by le­ gislation: any other matter that the chief executive considers ap­ propriate for the panel to advise on.
(2) The chief executive must consider, but is not bound by, any advice given by the panel.

172 Appointment of building advisory panel (1) The chief executive must appoint a building advisory panel that— (a) (b) consists of experts in the building sector; and has the following members: 129 Part 3 s 172 Building Act 2004 Reprinted as at 24 August 2004 (i) (ii) 1 person to convene and chair the panel: no less than 5 other members.
(2) The chief executive must,— (a) (b) before appointing a member, publicly notify a vacancy in a manner that enables suitably qualiﬁed individuals to apply for appointment; and in appointing a member,— (i) (ii) take into account the need for members of the panel to have among them a breadth of experi­ ence and expertise, and knowledge of, or ex­ perience in, matters that come within the panel’s function (including, without limitation, matters that relate to consumer, cultural, disability, en­ ergy efﬁciency, health and safety, heritage, or sustainable development issues); and ensure that there is an appropriate balance in the membership of the panel so that the members represent a broad range of interests, rather than the interests of a particular group; and consult, as the chief executive considers appro­ priate, persons who have an expertise or interest in matters that come within the panel’s function.
The chief executive may, at any time, co­opt suitable persons onto the panel if doing so is necessary for the purposes of sub­ section (2)(b)(i) and (ii).

The terms on which a member of the panel is appointed are the terms set by the chief executive when appointing the member.

(5) A member must not be appointed for a term that exceeds 3 (iii) (3) (4) years, but may be reappointed for 1 more term.

(6) A member of the panel may resign by written notice to the chief executive.
The panel is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.

There may be paid, out of public money to the members of the panel, remuneration by way of fees, salaries, or allowances, and travelling allowances and travelling expenses in accord­ ance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly.
(7) (8) 130 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 175 (2) (3) (2) 173 Function of panel (1) The function of the panel is to provide independent and spe­ cialist advice to the chief executive on any of the matters re­ ferred to in section 171(1).

It is not the panel’s function to advise the chief executive on the performance of the chief executive’s functions or duties, or the exercise of the chief executive’s powers, under this Act.
Subsection (2) does not apply if the chief executive seeks the panel’s advice on the matters referred to in that subsection.

174 Chief executive must report on panel’s operation (1) The chief executive must ensure that information about the operation of the panel is, in each year, included in the annual report of the Ministry.
For the purposes of subsection (1), the chief executive must, without limitation, include information about— (a) (b) (c) who the members of the panel are; and the number of times that the panel met; and the fees and other expenses paid to members of the panel; and a summary of the matters considered by the panel and whether the chief executive followed the advice of the panel on those matters.
(d) 175 Chief executive may publish guidance information (1) The chief executive may publish information for the guidance of— (a) any of the following persons to assist them in complying with this Act: territorial authorities: (i) building consent authorities: (ii) owners: (iii) (iv) persons who carry out building work; and any of the following persons to assist them in the per­ formance of their functions and duties, and in the exer­ cise of their powers (if any), in relation to dams: (i) (ii) (iii) regional authorities: owners of dams: licensed building practitioners.
(b) 131 Part 3 s 176 Building Act 2004 Reprinted as at 24 August 2004 (2) Any information published by the chief executive under this section— (a) (b) is only a guide; and if used, does not relieve any person of the obligation to consider any matter to which that information relates according to the circumstances of the particular case.
Power of chief executive to make determinations 176 Meaning of party In sections 177 to 190, party, in relation to a determination, means any or all of the following persons affected by the de­ termination: (a) (b) (c) (d) the territorial authority: the building consent authority: the owner: the licensed building practitioner concerned with the relevant building work: if the matter for determination relates to— (i) a provision in the building code that has the pur­ pose of protecting other property, the owner of the other property: a dam, the regional authority: (ii) if the matter for determination relates to the provision of access and facilities for persons with disabilities to, and within, a building, any person who— (i) (ii) has a direct interest in the matter; and applies to the chief executive for a determination under section 177: (e) (f) (g) any person or organisation who or that has a right or an obligation under any other Act to give written notice to a territorial authority in respect of matters to which this Act relates.
Compare: 1991 No 150 s 16 177 Application for determination A party may apply to the chief executive for a determination in relation to 1 or more of the following matters: (a) whether particular matters comply with the building code: 132 Reprinted as at 24 August 2004 (b) (c) (d) (e) Building Act 2004 Part 3 s 177 (iii) (iv) (v) (vi) (vii) (ii) (iii) a building consent authority’s decision to— (i) issue, or refuse to issue, a building consent, code compliance certiﬁcate, or compliance schedule; or refuse to allow, under section 52(b), an extension of the period during which building work must be commenced before a building consent lapses; or issue a notice to ﬁx; or refuse to allow, under section 93(2)(b)(ii), an ex­ tension of the period during which the building consent authority must decide whether or not to issue a code compliance certiﬁcate; or amend a building consent, notice to ﬁx, or code compliance certiﬁcate; or impose a condition on a notice to ﬁx or compli­ ance schedule or to amend that condition: a territorial authority’s decision to— (i) grant or refuse a waiver or modiﬁcation of the building code under section 67; or issue, or refuse to issue, a certiﬁcate of accept­ ance under section 96; or amend a compliance schedule under section 106 or section 107; or (iiia) issue or refuse to issue a certiﬁcate for public use (iv) under section 363A; or issue, amend, or impose a condition on a notice to ﬁx: the exercise by a territorial authority of its powers under sections 112 and 115 to 116 (which
 relate to alterations to, or changes in the use of, a building) and the issue by a territorial authority of a certiﬁcate under section 224(f) of the Resource Management Act 1991: the exercise by a territorial authority of its powers under section 124 or section 129 (which relate to dangerous, earthquake­prone, and insanitary buildings) or the fail­ ure to exercise those powers: 133 Part 3 s 178 Building Act 2004 Reprinted as at 24 August 2004 (f) the exercise by a regional authority of its powers under subpart 5 of Part 2 in relation to a dam or the failure to exercise those powers.
Compare: 1991 No 150 s 17(1) Paragraph (c)(iiia) was inserted, as from 14 April 2005, by section 22(2) Build­ ing Amendment Act 2005 (2005 No 31).

(a) (b) 178 Requirements for application for determination (1) An application for a determination must— be made in writing; and be given, in the prescribed form and manner (if any), to the chief executive; and contain the prescribed information (if any); and (c) (d) be accompanied by the prescribed fee (if any).
The applicant must give a copy of the application for a de­ termination to every other party named in, or affected by, the application, either before or immediately after the application is given to the chief executive.

(2) 179 Chief executive may refuse application for determination (1) The chief executive may— (a) (b) refuse an application for a determination; and return the application to the applicant (and do no more in relation to the application).
(2) Subsection (1) applies only if, in the chief executive’s opin­ ion,— (a) the application is not genuine or is vexatious or frivolous; or the applicant is not a party; or the chief executive has made a determination, or is cur­ rently considering an application for a determination, on the same matter.

(b) (c) 180 Application for determination may be withdrawn (1) An applicant for a determination may, at any time, withdraw the application by written notice to the chief executive.
If the chief executive receives the notice, the chief executive— (a) must notify the parties in relation to the application (2) about the withdrawal of the application; and 134 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 182 (b) may apportion costs under section 190; and (c) must do no more in relation to the application.
181 Chief executive may make determination on own initiative The chief executive may, if he or she considers it necessary (1) for achieving the purposes of this Act, direct that he or she will make a determination on a matter referred to in section 177— (a) (b) without an application for a determination being made on his or her own initiative; and under that section.
(2) The chief executive— (a) may give a direction under subsection (1) either before or after a decision or a power that relates to the matter is made or, as the case may be, is exercised by any person referred to in section 177; and (b) must,— (i) in a case where a direction is given after the deci­ sion is made, or the power is exercised, conﬁrm, reverse, or modify the decision or the exercise of the power in his or her determination; or in a case where a direction is given before the decision is made, or the power is exercised, de­ termine the matter in his or her determination.
(ii) (3) The chief executive must, as soon as practicable after giving a direction under subsection (1),— (a) send a copy of the direction to every party in relation to the matter to which it relates; and publicly notify the direction.

(b) 182 No proceedings until determination made (1) A person may not commence proceedings in a District Court or the High Court if the matter that gives rise to those proceedings can be the subject of a determination.
(2) However, a person may commence those proceedings if that person, or any other person, has already applied for a deter­ mination of the matter and the chief executive has— (a) made a determination on the application; or (b) refused to make a determination.

135 Part 3 s 183 Building Act 2004 Reprinted as at 24 August 2004 (3) This section— (a) (b) Compare: 1991 No 150 s 17(3) does not affect injunctive proceedings; and is subject to section 381.
183 Decision or exercise of power suspended until determination made (1) Until the chief executive makes a determination on a matter, any decision or exercise of a power by any person referred to in section 177 that relates to that matter is suspended unless and to the extent that the chief executive directs otherwise.

(2) However, a requirement in a notice to ﬁx issued under section 164 to cease building work for safety reasons remains in force until the determination is made.
Compare: 1991 No 150 s 17(4) 184 Chief executive must decide whether to make determination The chief executive must, within 10 working days after the date on which he or she receives an application for a deter­ mination,— (a) (b) decide whether or not to make the determination; and give written notice of his or her decision to the parties concerned.
185 When determination must be completed (1) If the chief executive decides to make a determination, he or she must, within the time required under subsection (2),— (a) make the determination; and (b) give a copy of the determination to the parties con­ cerned.

The time required is— (a) 60 working days after the date on which the chief ex­ ecutive receives the application; or any further time that the chief executive and the parties may agree.
(b) (2) 136 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 186 (3) If the chief executive requires a party to provide documents under section 186(3)(a), the period speciﬁed in subsection (2)(a) does not include the period that— (a) starts on the day on which the chief executive makes that requirement; and ends on the earlier of— (i) (b) the day on which the party complies with that requirement; or the date speciﬁed by the chief executive as the date by which the party must provide those docu­ ments.
(ii) 186 Procedure for determination (1) (c) In making a determination, the chief executive must— avoid unnecessary delay and formality; and (a) recognise tikanga Maori, and receive evidence, written (b) or spoken, in Maori; and receive any relevant evidence, whether or not it would be admissible in a court of law; and comply with the principles of natural justice.

(d) The chief executive may consider related applications to­ gether.
The chief executive— (a) may require the applicant or another party to provide documents relating to the application within any rea­ sonable period that the chief executive may, from time to time, specify; and (2) (3) (b) must require— (i) (ii) the applicant to provide each of the other parties (if any) with copies of the application and any documents accompanying the application; and the applicant or another party to provide each of the other parties with copies of any documents provided under paragraph (a).
(4) If the applicant or another party fails to comply with a require­ ment to provide documents under subsection (3)(a) within the period speciﬁed by the chief executive, the chief executive may, at the expiry of that period, make the determination with­ out receiving the documents.
137 Part 3 s 187 Building Act 2004 Reprinted as at 24 August 2004 (5) A submission in respect of an application for a determination received by the chief executive before the chief executive has determined the matter must be considered by the chief execu­ tive.
Compare: 1991 No 150 s 17(2), s 19(1) 187 Chief executive may engage persons to assist with (1) (2) (3) (4) any application for a determination; and determination The chief executive may engage a suitable person to assist the chief executive in relation to— (a) (b) matters to which a direction under section 181 relates.

The person may do anything the chief executive may do under sections 177, 179, 180, 183 to 186, and 188 to 190, but the chief executive alone makes a determination.
The chief executive may, in making a determination, rely on a report from the person.

The failure of the person to perform his or her functions does not prevent the chief executive from making a determination.

Compare: 1991 No 150 s 21 188 Determination by chief executive (1) A determination by the chief executive must— (a) (b) conﬁrm, reverse, or modify the decision or exercise of a power to which it relates; or determine the matter to which it relates.
(2) A determination is binding on the parties concerned.

(3) A determination may incorporate— (a) (b) waivers or modiﬁcations of the building code; and conditions that a territorial authority or regional author­ ity, as the case may be, is able to grant or impose.

(4) Subsection (1) is subject to section 181(2)(b).
Compare: 1991 No 150 s 20 189 Clariﬁcation of determination The chief executive may, within 20 working days after making a determination, amend the determination to clarify it if— 138 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 191 (a) (b) (c) the chief executive, on his or her own initiative or on the application of a party to the determination, considers that the determination requires clariﬁcation; and the clariﬁcation is either— (i) not material to any person affected by the deter­ mination; or agreed to by the parties to the determination; and (ii) no appeal against the determination is pending.
190 Parties’ costs (1) The parties in relation to an application for a determination bear their own costs.

(2) However, the chief executive may, by written direction to the applicant or another party, require that person to meet some or all of the other party’s costs in respect of the determination or application if, in the chief executive’s opinion, the party has contributed unreasonably to costs or delays.
(3) A party in whose favour a direction under subsection (2) is given may enforce that direction by ﬁling it in the prescribed form (if any) in a District Court.

(4) A direction that is ﬁled in the District Court under subsection (3) is enforceable as a judgment of the District Court in its civil jurisdiction.
Power of chief executive to register persons as building consent authorities or regional authorities for purposes of this Act 191 Chief executive may enter person’s name in register of building consent authorities The chief executive may, on the application of a person made in accordance with section 194, enter the person’s name in the register of building consent authorities kept under section 273(1)(a).
Section 191 was substituted, as from 14 April 2005, by section 16(1) Building Amendment Act 2005 (2005 No 31).
139 Part 3 s 192 Building Act 2004 Reprinted as at 24 August 2004 192 Criteria for registration (1) (b) Before entering a person’s name in the register of building consent authorities, the chief executive must be satisﬁed that— the person holds a current accreditation from a build­ (a) ing consent accreditation body appointed under section 248; and the person meets the prescribed criteria and standards for registration; and in the case of a person who wishes to be registered as a building consent authority but who is not a territorial au­ thority or a regional authority, the person has adequate means to cover any civil liabilities that may arise in the performance of the functions of a building consent au­ thority.
(c) (2) In considering whether a person has adequate means to cover any civil liabilities under subsection (1)(c), the chief executive may have regard to whether the person— (a) holds an insurance policy that meets the minimum terms and conditions prescribed by regulations made under section 402; or holds an insurance policy under a scheme of insurance approved by regulations made under section 402; or has put in place any arrangements that provide for ef­ fective consumer protection (for example, by giving a bond or having a guarantor).
(b) (c) Subsection (1) was amended, as from 14 April 2005, by section 16(2)(c) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “register of building consent authorities” for the words “appropriate register”.

Subsection (1)(c) was amended, as from 14 April 2005, by section 3(5) Build­ ing Amendment Act 2005 (2005 No 31) by inserting the words “or a regional authority” after the words “territorial authority”.
193 Effect of registration (1) A person whose name is entered in the register of building consent authorities may perform the functions of a building consent authority under this Part and Part 2.
(2) However, a person whose name is entered in the register of building consent authorities but who is not a territorial author­ ity or a regional authority may perform only those functions 140 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 196 that correspond with, or are within, the person’s scope of ac­ creditation.
Subsection (1) was amended, as from 14 April 2005, by section 16(2)(d) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “register of building consent authorities may perform the functions of a building consent authority” for the words “appropriate register may perform the functions of a building consent authority or, as the case may be, of a regional authority”.
Subsection (2) was amended, as from 14 April 2005, by section 3(5) Building Amendment Act 2005 (2005 No 31) by inserting the words “or a regional au­ thority” after the words “territorial authority”.

194 Application for registration An application for registration under section 191 must— be made in writing to the chief executive; and (a) be given in the prescribed manner (if any); and (b) contain the prescribed information (if any); and (c) be accompanied by the prescribed fee (if any).
(d) 195 Chief executive must decide application for registration The chief executive must, as soon as practicable after receiv­ ing an application for registration that complies with section 194,— (a) (b) decide whether to register the applicant; and give the applicant written notice of his or her decision; and if the chief executive decides to refuse the application, state the reasons for the refusal in the notice given under paragraph (b).
(c) 196 Registration continuous so long as person meets criteria (1) for registration The chief executive must assess at least once every 3 years, and may assess at any other time, whether a building consent authority whose name is entered in the register of building con­ sent authorities continues to meet the criteria for registration speciﬁed in section 192.
(2) A building consent authority that continues to meet those cri­ teria is entitled to the continuation of its registration, subject to section 203.
141 Part 3 s 197 Building Act 2004 Reprinted as at 24 August 2004 Subsection (1) was amended, as from 14 April 2005, by section 16(2)(e) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “whose name is entered in the register of building consent authorities” for the words “or re­ gional authority whose name is entered in the appropriate register (registered person)”.
Subsection (2) was amended, as from 14 April 2005, by section 16(2)(f) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority that continues to meet those criteria is entitled to the con­ tinuation of its” for the words “registered person who continues to meet those criteria is entitled to the continuation of the person’s”.
197 Consequences of failure to meet criteria for registration (1) Subsection (2) or subsection (3) applies if, after making an assessment under section 196, the chief executive determines that a building consent authority no longer meets the criteria for registration.
In the case of a building consent authority that is not a territor­ ial authority or a regional authority,— the chief executive must— (a) (i) suspend the authority’s registration until the au­ thority satisﬁes the chief executive that the au­ thority meets those criteria; and record the suspension in the register of building consent authorities; and (ii) (b) if the authority does not so satisfy the chief executive within 12 months after the suspension, or any further period that the chief executive may determine, the chief executive must— (i) (ii) revoke the authority’s registration; and remove the authority’s name from the register of building consent authorities.
In the case of a territorial authority or a regional authority, the chief executive must recommend to the Minister that the Min­ ister appoint 1 or more persons to act in the place of the terri­ torial authority or, as the case may be, the regional authority in relation to all or any of its functions.

If subsection (3) applies, sections 277 to 281 apply with all necessary modiﬁcations.
Subsection (1) was amended, as from 14 April 2005, by section 16(2)(g) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.

(2) (3) (4) 142 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 198 Subsection (2) was amended, as from 14 April 2005, by section 3(5) Building Amendment Act 2005 (2005 No 31) by inserting the words “or a regional au­ thority” after the words “territorial authority”.
Subsection (2)(a)(i) was amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s”.

Subsection (2)(a)(i) was amended, as from 14 April 2005, by section 16(2)(k) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority” for the word “person”.
Subsection (2)(a)(ii) was amended, as from 14 April 2005, by section 16(2)(c) Building Amendment Act 2005 (2005 No 31) by substituting the words “register of building consent authorities” for the words “appropriate register”.

Subsection (2)(b) was amended, as from 14 April 2005, by section 16(2)(k) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority” for the word “person”.
Subsection (2)(b)(i) and (ii) were amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s”.

Subsection (2)(b)(ii) was amended, as from 14 April 2005, by section 16(2)(c) Building Amendment Act 2005 (2005 No 31) by substituting the words “register of building consent authorities” for the words “appropriate register”.
198 Effect of suspension (1) An authority is not registered, for the purposes of this Part and Part 2, for the period for which the authority’s registration is suspended under section 197(2).

(2) At the end of the period of suspension, the authority’s registra­ tion is immediately revived (unless there is some other ground to suspend or revoke that authority’s registration).
(3) Despite subsection (1), the chief executive may authorise an authority to perform limited functions as a building consent authority during the period of suspension if the chief executive is satisﬁed that doing so is necessary in the public interest (for example, to enable code compliance certiﬁcates to be issued by the person in respect of building consents that were granted before the date of suspension).
(4) An authority given under subsection (3) may— (a) (b) be subject to any conditions that the chief executive thinks ﬁt; and be revoked by the chief executive at any time.

143 Part 3 s 199 Building Act 2004 Reprinted as at 24 August 2004 Subsection (1) was amended, as from 14 April 2005, by section 16(2)(l) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “An author­ ity” for the words “A person”.
Subsection (1) was amended, as from 14 April 2005, by section 16(2)(j) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s”.

Subsection (2) was amended, as from 14 April 2005, by section 16(2)(j) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s” wherever it occurs.
Subsection (3) was amended, as from 14 April 2005, by section 16(2)(m) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “an author­ ity” for the words “a person”.

199 Offence for person to perform functions of building consent authority or regional authority if person not registered, etc (1) A person commits an offence if the person performs any of the functions of a building consent authority without being registered under section 191.
(2) A person commits an offence if the person— (a) (b) is a building consent authority that is not a territorial authority or a regional authority; and performs any of the functions of a building consent au­ thority that do not correspond with, or are not within, the person’s scope of accreditation.

(3) A person who commits an offence under this section is liable to a ﬁne not exceeding $200,000.
Subsection (1) was amended, as from 14 April 2005, by section 16(2)(h) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or of a regional authority”.

Subsection (2)(a) was amended, as from 14 April 2005, by section 3(5) Build­ ing Amendment Act 2005 (2005 No 31) by inserting the words “or a regional authority” after the words “territorial authority”.
200 Complaints about building consent authorities (1) The chief executive may receive complaints alleging that a building consent authority— (a) has failed, or is failing, without good reason to properly perform any of the authority’s functions under this Part or Part 2: has been, or is, negligent in performing those functions.
(b) 144 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 201 (2) As soon as practicable after receiving a complaint, the chief (3) (4) executive must— (a) inform the building consent authority concerned of the complaint; and decide whether to accept or decline the complaint.
(b) The chief executive must, immediately after making a decision under subsection (2),— (a) give written notice of the decision to the person who made the complaint and the building consent authority concerned; and if the chief executive decides to accept the complaint, proceed to investigate the complaint.

(b) The chief executive may decline to accept, and is not required to investigate, a complaint that he or she considers vexatious or frivolous.
The heading to section 200 was amended, as from 14 April 2005, by section 16(2)(i) Building Amendment Act 2005 (2005 No 31) by substituting the words “building consent authorities” for the words “registered persons”.

Subsection (1) was amended, as from 14 April 2005, by section 16(2)(g) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.
Subsection (1)(a) was amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s”.

Subsection (2)(a) was amended, as from 14 April 2005, by section 16(2)(g) Building Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.
Subsection (3)(a) was amended, as from 14 April 2005, by section 16(2)(g) Building Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.
201 Chief executive may conduct investigation on own (1) (2) initiative If the chief executive considers that there are reasonable grounds for believing that any of the matters speciﬁed in section 200(1) applies, the chief executive may decide to investigate the matter— (a) (b) without a complaint under section 200 being made.
The chief executive must, immediately after making a decision under subsection (1),— on his or her own initiative; and 145 Part 3 s 202 Building Act 2004 Reprinted as at 24 August 2004 (3) (a) give written notice of the decision to the building con­ sent authority concerned; and proceed to investigate the matter.

(b) To avoid doubt, this section does not affect the chief execu­ tive’s power to conduct a review of a territorial authority or regional authority under section 276.
Subsection (2)(a) was amended, as from 14 April 2005, by section 16(2)(g) Building Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.

202 Procedure if chief executive proceeds to investigate (1) (2) complaint or matter This section applies if the chief executive proceeds to investi­ gate— (a) a complaint under section 200; or a matter on his or her own initiative under section 201.
(b) The chief executive must, in the notice to the building consent authority concerned given under section 200(3) or, as the case may be, section 201(2),— (a) state that the chief executive has reason to believe that 1 or more grounds exist entitling him or her to exercise the disciplinary powers under section 203; and provide particulars that will clearly inform the regis­ tered person of the ground or grounds; and give the building consent authority a reasonable oppor­ tunity to make written submissions on the matter; and consider those submissions (if any).
(d) Subsection (2) was amended, as from 14 April 2005, by section 16(2)(g) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person” wherever they occur.
(b) (c) 203 Disciplinary powers of chief executive (1) This section applies if the chief executive, after conducting an investigation and considering the submissions made by a building consent authority (if any), is satisﬁed that the building consent authority— (a) has failed without good reason to properly perform any of the authority’s functions under this Part or Part 2: (b) has been negligent in performing those functions.
The chief executive may do 1 or more of the following: (2) 146 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 203 (a) (b) (c) (d) (e) issue a warning to the building consent authority: require the building consent authority to take remedial action— (i) (ii) within a speciﬁed time; and that is subject to any conditions that the chief executive thinks ﬁt (if any): limit the functions that the building consent authority may perform under this Part or Part 2 and record the limitation in the appropriate register accordingly: in the case of a building consent authority that is not a territorial authority or a regional authority,— (i) suspend the authority’s registration and record the suspension in the appropriate register accord­ ingly; or if the chief executive considers that the circum­ stances warrant it, revoke the authority’s regis­ tration and remove the authority’s name from the register of building consent authorities (ii) in the case of a territorial authority or regional authority, recommend to the Minister that the Minister appoint 1 or more persons to act in the place of the territorial authority or, as the case may be, the regional authority in relation to all or any of its functions.
(3) (4) If subsection (2)(e) applies, sections 277 to 281 apply with all necessary modiﬁcations.

If the chief executive takes any action referred to in subsection (2), he or she must give written notice of the action to the building consent authority and the reasons for the action.

Subsection (1) was amended, as from 14 April 2005, by section 16(2)(g) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.
Subsection (1)(a) was amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s”.

Subsection (2)(a) was amended, as from 14 April 2005, by section 16(2)(g) Building Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.
Subsection (2)(b) was amended, as from 14 April 2005, by section 16(2)(g) Building Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.

147 Part 3 s 204 Building Act 2004 Reprinted as at 24 August 2004 Subsection (2)(c) was amended, as from 14 April 2005, by section 16(2)(g) Building Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.
Subsection (2)(d) was amended, as from 14 April 2005, by section 3(5) Build­ ing Amendment Act 2005 (2005 No 31) by inserting the words “or a regional authority” after the words “territorial authority”.

Subsection (2)(d)(i) was amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s”.
Subsection (2)(d)(ii) was amended, as from 14 April 2005, by section 16(2)(c) Building Amendment Act 2005 (2005 No 31) by substituting the words “register of building consent authorities” for the words “appropriate register”.

Subsection (2)(d)(ii) was amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “authority’s” for the word “person’s”.
Subsection (4) was amended, as from 14 April 2005, by section 16(2)(g) Build­ ing Amendment Act 2005 (2005 No 31) by substituting the words “building consent authority” for the words “registered person”.
Further powers of chief executive 204 Special powers of chief executive for monitoring (1) performance of functions under this Act The purpose of this section is to enable the chief executive to— (a) monitor the performance by territorial authorities, building consent authorities, or regional authorities of their functions under this Act; and carry out the review of territorial authorities under sec­ tion 276; and assist the Minister in determining whether to exercise the Minister’s power under section 277 (which relates to the non­performance of functions by a territorial au­ thority).
(b) (c) (2) For the purpose of this section, the chief executive— (a) must have full access at all reasonable times to— (i) (ii) all relevant information that is in the possession or control of any territorial authority, building consent authority, or regional authority; and any place where that information is kept: (b) may require any territorial authority, building consent authority, or regional authority to— (i) supply any relevant information; or 148 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 205 (ii) answer any question that relates to the perform­ ance of functions under this Act: (c) may, by written notice, require any person having pos­ session or control of any relevant information to supply to the chief executive, in a manner speciﬁed in the no­ tice, all or any of the information: (d) may enter and re­enter any land or building, with any appliances, machinery, and equipment that are reason­ ably necessary, to— (i) investigations, make any surveys, tests, and measurements that are reasonably necessary for the purposes of this section; and generally do any other things that are reasonably necessary to enable the surveys, investigations, tests, and measurements to be carried out.
(ii) (3) (4) Subsection (2) does not— (a) (b) limit any Act that imposes a prohibition or restriction on the availability of any information; or authorise the chief executive, or any person acting on behalf of the chief executive, to enter any household unit being used as such without the permission of the occupier of the household unit.
In this section, relevant information— (a) means any information of any description that relates to the performance by a territorial authority, building consent authority, or regional authority of its functions under this Act; and includes information that is kept in any form (whether in electronic form or otherwise).
(b) Compare: 1991 No 150 s 79(1), (2) 205 Limits on power to enter land or building The power to enter land or buildings under section 204(2) is subject to the following conditions: (a) the person entering must, if requested on entry or at any subsequent time, produce to the owner or occupier of that land or building the written warrant referred to in section 206: 149 Part 3 s 206 Building Act 2004 Reprinted as at 24 August 2004 entry may be made only at reasonable times.
(b) Compare: 1991 No 150 s 79(3) 206 Chief executive must supply warrant (1) The chief executive must supply to a person authorised to enter land or buildings on behalf of the chief executive a written warrant that contains— (a) (b) (c) a reference to this section; and the full name of the person; and a statement of the powers conferred by this section.

(2) A person who does not have a warrant supplied under this section must not represent himself or herself to be the holder of a warrant.
(a) (b) (3) A person commits an offence if the person— fails to comply with subsection (2); or impersonates or falsely pretends to be a person named in a warrant supplied under this section.

(4) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 79(4), (6) 207 Duties of person supplied with warrant An authorised person supplied with a warrant under section 206— (a) must, on the termination of his or her authority, surren­ der the warrant to the chief executive; and (b) must not purport to act under a warrant after the termin­ ation of his or her authority to act on behalf of the chief executive.
Compare: 1991 No 150 s 79(5) Appeal from chief executive’s decisions 208 Appeals to District Court (1) The persons referred to in subsection (2) may appeal to a Dis­ trict Court against— (a) a determination by the chief executive under section 188; or the chief executive’s decision to— (b) 150 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 210 (i) (ii) decline to register the person as a building con­ sent authority or, as the case may be, a regional authority; or take any action referred to in section 203.
(2) The persons are,— (a) in the case of an appeal under subsection (1)(a),— the applicant for the determination; or (i) any other party; or (ii) in the case of an appeal under subsection (1)(b)(i), the applicant for registration; or in the case of an appeal under subsection (1)(b)(ii), the building consent authority or, as the case may be, the regional authority concerned.
(b) (c) 209 Procedure for commencing appeal (1) An appeal under section 208 must be made— (a) (b) by the appellant ﬁling a notice of appeal with the Regis­ trar of the District Court within 15 working days after,— in the case of an appeal under section 208(1)(a), (i) the date of the determination or the date on which the chief executive amends the determination by way of clariﬁcation under section 189; or in the case of an appeal under section 208(1)(b), the date of the relevant decision of the chief ex­ ecutive; and (ii) otherwise in accordance with the District Courts Rules (except to any extent that those rules are inconsistent with this section).
(2) The Registrar of the District Court may extend the time for making an appeal under section 208(1)(a) if the chief execu­ tive amends the determination by way of clariﬁcation under section 189.
210 Steps after appeal is commenced (1) Either before or immediately after an appeal under section 208 is made, the appellant must serve a copy of the notice of appeal on— (a) the chief executive; and 151 Part 3 s 211 Building Act 2004 Reprinted as at 24 August 2004 (b) in the case of an appeal under section 208(1)(a), any other party.
(2) A person served with the notice under subsection (1) who wishes to appear on the appeal must give notice of the per­ son’s intention to appear to— the appellant; and (a) the Registrar of the District Court; and (b) any other person to whom the appellant is required to (c) serve notice under subsection (1).

(3) The notice to appear under subsection (2) must be served within 10 working days after the party was served with the notice of appeal.
211 Powers of District Court on appeal (1) On the hearing of an appeal under section 208, a District Court may— (a) (b) conﬁrm, reverse, or modify the determination or deci­ sion of the chief executive; or refer the matter back to the chief executive in accord­ ance with the rules of Court; or (c) make any determination or decision that the chief ex­ ecutive could have made in respect of the matter.
This section does not give the District Court power to review any part of the chief executive’s determination or decision other than the part against which the appellant has appealed.

Subject to any order of the District Court, every determination and decision of the chief executive against which an appeal is made continues in force and has effect according to its tenor pending the determination of the appeal.

The decision of the District Court on an appeal is ﬁnal.
(2) (3) (4) 152 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 212 Subpart 2—Responsibilities of territorial authorities Functions, duties, and powers of territorial authorities generally 212 Territorial authority must act as building consent authority for its district (1) A territorial authority must perform the functions of a building consent authority within its district, and for any coastal marine area (within the meaning of the Resource Management Act 1991) adjacent to its district that is not within the district of another territorial authority, in relation to— (a) any application for a building consent made to the ter­ ritorial authority; and any building consent granted under that application.
(b) Subsection (1) does not apply in the case of dams.

(2) (3) A territorial authority must, in performing its functions as a building consent authority,— (a) issue a project information memorandum before grant­ ing a building consent; and provide to the New Zealand Fire Service Commission a copy of every application for a building consent of a kind speciﬁed by notice under section 46.
(4) Subsection (1)— (a) is subject to the territorial authority’s power to transfer, under section 233, any or all of its functions, duties, or powers under this Act to another territorial authority; and does not apply to any function so transferred by the ter­ ritorial authority.

The heading to section 212 was amended, as from 14 April 2005, by section 17(1) Building Amendment Act 2005 (2005 No 31) by substituting the word “for” for the word “within”.
Subsection (1) was amended, as from 14 April 2005, by section 17(2) Build­ ing Amendment Act 2005 (2005 No 31) by inserting the words “, and for any coastal marine area (within the meaning of the Resource Management Act 1991) adjacent to its district that is not within the district of another territorial author­ ity,” after the word “district”.
153 (b) (b) Part 3 s 213 Building Act 2004 Reprinted as at 24 August 2004 213 Territorial authority may make arrangements relating to functions of building consent authority (1) A territorial authority may comply with section 212(1) by— performing the functions of a building consent authority itself; or (a) (b) making arrangements for 1 or more other building con­ sent authorities to perform those functions on its behalf; or a combination of the methods described in paragraphs (a) and (b).
(c) (2) An arrangement under subsection (1) may be made— (a) (b) by contract; or by any other means.
214 How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority If a territorial authority makes an arrangement under section 213(1) for another building consent authority to perform all or any of the territorial authority’s functions on its behalf,— (a) the territorial authority is liable for the acts and omis­ sions of the other building consent authority when the other building consent authority is acting in that cap­ acity; but the territorial authority and building consent authority may apportion the liability— (i) (ii) as between themselves; and as they see ﬁt.
(b) 215 Territorial authority must gain accreditation and be registered A territorial authority must, for the purpose of ensuring that it complies with section 212(1),— (a) (b) apply for, and gain, accreditation under this Part; and apply to be, and be registered as, a building consent authority under this Part; and (c) maintain that accreditation and registration at all times.
154 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 216 216 Territorial authority must keep information about buildings (1) A territorial authority must keep reasonably available any in­ formation that is relevant to the administration of this Act to enable members of the public to— (a) (b) The information that must be kept by a territorial authority under subsection (1) includes— (a) be informed of their obligations under this Act; and participate effectively under this Act.
(2) all plans and speciﬁcations submitted to the territorial authority in relation to an application for a building con­ sent; and any of the following information issued or received by the territorial authority in respect of a building: project information memoranda: (i) building consents: (ii) if applicable, the speciﬁed intended life of the (iii) building: code compliance certiﬁcates: compliance schedules: building warrants of ﬁtness: (iv) (v) (vi) (vii) energy work certiﬁcates relating to building work: (viii) any other records that relate to the information referred to in subparagraphs (i) to (vii); and any orders issued by the District Court under section 126 in respect of a building; and any records of any information on any land or building received by the territorial authority from a statutory au­ thority; and a summary of written complaints received by the terri­ torial authority concerning alleged breaches of this Act or the former Act; and information on how the territorial authority dealt with each of the complaints referred to in paragraph (e); and all information provided to the territorial authority by a building consent authority under section 238.
(b) (c) (d) (e) (f) (g) (3) A territorial authority must keep the information referred to in— 155 Part 3 s 217 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) subsections (1) and (2)(a) to (d) and (g), at least for the life of the building to which the information relates; and subsection (2)(e) and (f), at least for 10 years from when each complaint was received by the territorial authority.
Compare: 1991 No 150 s 27(1), (2) 217 Access to certain information kept by territorial authority (1) A person— (a) has a right to access the information referred to in sec­ tion 216(1) and (2); and (b) must, on request, be given access to that information by the territorial authority during ordinary ofﬁce hours.
(2) (3) (b) The right conferred by subsection (1)— (a) is subject to the provisions of the Local Government Ofﬁcial Information and Meetings Act 1987; and does not extend to a plan or speciﬁcation that is marked conﬁdential by any or all of the following persons for the reason set out in subsection (3): (i) the person who submitted the plan or speciﬁca­ tion: the owner of the building to which the plan or speciﬁcation relates: any subsequent owner of that building; and (iii) is subject to any prescribed limits.
(ii) (c) The reason referred to in subsection (2)(b) is any requirement of the owner of the building relating to the security of the building.

(4) A territorial authority— (a) must make photocopying facilities available to persons who wish to access information under subsection (1); and (b) may charge a reasonable fee for the use of those facil­ ities.

(5) Subsection (4) is subject Government Ofﬁcial Information and Meetings Act 1987.
Compare: 1991 No 150 s 27(3), (4) to section 44A of the Local 156 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 220 218 Territorial authority must provide information to chief (1) executive for purpose of facilitating performance of chief executive’s function under section 169 For the purpose of facilitating the performance of the chief executive’s function under section 169 (which relates to moni­ toring current and emerging trends in building design, etc), a territorial authority must provide information to the chief ex­ ecutive in accordance with the regulations.
(2) However, a territorial authority is only required to provide in­ formation under subsection (1) about its functions, duties, and powers under this Act.
219 Territorial authority may impose fee or charge and must collect levy (1) A territorial authority— (a) may impose a fee or charge— (i) (ii) in relation to a building consent; and for the performance of any other function or ser­ vice under this Act; and (b) must collect the levy which an applicant is liable to pay to the chief executive under section 53.
(2) If a fee, charge, or levy is payable to a territorial authority for the performance of a function or service under this Act, the territorial authority may refuse to perform the function or service, unless the fee, charge, or levy is paid.
Power of territorial authority to carry out building work on default 220 Territorial authority may carry out building work on (1) default This section applies if— (a) a person is required, under this Act, by a building con­ sent authority, territorial authority, or regional authority to carry out any building work on, or in connection with, any building; and either— (i) that person, after being given notice of the re­ quirement, fails to commence to comply with the (b) 157 Part 3 s 221 Building Act 2004 Reprinted as at 24 August 2004 (ii) notice within the time stated in the notice or, if the time is not so stated, within a reasonable time; or that person, after a certiﬁcate from any ofﬁcer of the territorial authority that the work is of an ur­ gent nature is communicated to him or her, de­ faults for 24 hours from the time of that commu­ nication; and (c) that person does not immediately proceed with the work with all reasonable speed.
(2) (3) (4) The territorial authority may apply to a District Court for an order authorising the territorial authority to carry out building work.

Before the territorial authority applies to a District Court under subsection (2), the territorial authority must give the owner of the building not less than 10 days’ notice of its intention to do so.
If a territorial authority carries out building work under the authority of an order made under subsection (2),— (a) the owner of the building is liable for the costs of the work; and the territorial authority may recover those costs from the owner; and the amount recoverable by the territorial authority be­ comes a charge on the land on which the work was car­ ried out.

(b) (c) (5) Any building work required to be carried out under subsection (2) may include the demolition of all or part of a building.
Compare: 1991 No 150 s 74 221 Recovery of costs when territorial authority carries out work on default If a territorial authority is entitled under this Act to recover the costs of carrying out any building work from the owner of any building or land,— (a) (b) the money payable becomes a charge on the land; and the provisions of the Local Government (Rating) Act 2002 and the Local Government Act 2002 apply accord­ ingly.
(1) 158 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 222 (2) (3) The territorial authority— (a) may destroy, sell, or otherwise dispose of any materials that result from the carrying out of any work by the territorial authority; and in the case of the sale of any materials,— (i) must apply the proceeds of the sale towards pay­ ment of the amount payable to the territorial au­ thority under subsection (1); and (b) (ii) must pay the surplus (if any) to the owner.
If the territorial authority exercises the powers conferred by this section, the exercise of those powers does not relieve a person from any penalty for failure to comply with the require­ ments of a notice under this Act.

(4) Any building work that is carried out, or is to be carried out, by a territorial authority under this section is declared to be a public work for the purposes of the Public Works Act 1981.
Compare: 1991 No 150 s 75 Powers of territorial authority to carry out inspections and enter land Inspections by territorial authority 222 (1) An authorised ofﬁcer is entitled, at all times during normal working hours or while building work is being carried out,— (a) to inspect— (i) (ii) land on which building work is or is proposed to be carried out; and building work that has been or is being carried out on or off the building site; and (iii) any building; and to enter premises for— (i) (ii) the purpose of inspecting the building; or the purpose of determining whether the build­ ing is dangerous, earthquake prone, or insanitary within the meaning of subpart 6 of Part 2.
(b) (2) An authorised ofﬁcer must, on entering private land under sub­ section (1), and when requested at any subsequent time, pro­ duce to the occupier of the land written evidence of the author­ ised ofﬁcer’s identity.

159 Part 3 s 222 Building Act 2004 Reprinted as at 24 August 2004 The powers conferred by this section are in addition to, and do not limit, the powers conferred by section 173 of the Local Government Act 2002.
In this section and sections 223 to 228,— authorised ofﬁcer means an ofﬁcer of a territorial authority to whom either or both of the following applies (a) (b) he or she is authorised to carry out inspections; or he or she is authorised to enter land— (i) (ii) by this Act; or by an order of the District Court made under sec­ tion 227 inspection means the taking of all reasonable steps— (a) to determine whether— (i) (ii) building work is being carried out without a building consent; or building work is being carried out in accordance with a building consent; or a notice to ﬁx has been complied with: (iii) to ensure that,— (i) (ii) in relation to buildings for which a compliance schedule is issued, the inspection, maintenance, and reporting procedures stated in the compli­ ance schedule are being complied with; or in relation to buildings that have speciﬁed sys­ tems, the requirement for a compliance schedule is being complied with: to enable a territorial authority to— (i) identify dangerous, earthquake­prone, or insani­ tary buildings within its district; and carry out its functions or duties in relation to those buildings: (ii) to satisfy a territorial authority as to whether a certiﬁcate of acceptance for building work should be issued under section 96.
(b) (c) (d) Compare: 1991 No 150 s 76(1), (2), (3), (11) (3) (4) 160 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 226 223 Duty to assist inspections (1) (2) The persons speciﬁed in subsection (2) must give all reason­ able assistance to enable an authorised ofﬁcer to inspect all or part of a building or building work.

The persons are— (a) (b) (c) Compare: 1991 No 150 s 76(4) the owner of the building; and an occupier of the building; and any person engaged in the building work.
224 Warrant must be produced An authorised ofﬁcer must, on entering private land and when requested at any subsequent time, produce to the occupier of the building a written warrant issued under section 174 of the Local Government Act 2002.

Compare: 1991 No 150 s 76(5) 225 Offence to impersonate authorised ofﬁcer (1) A person commits an offence if the person impersonates or falsely pretends to be an authorised ofﬁcer named in a warrant referred to in section 224.
(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 80(h) 226 Restriction on entry to household unit (1) Despite section 222, an authorised ofﬁcer may not enter a household unit that is being used as a household unit with­ out— (a) (b) Subsection (1) does not limit the power conferred by section 173 of the Local Government Act 2002 (which allows a local authority entry into occupied land or buildings without prior notice in cases of emergency).
Compare: 1991 No 150 s 76(7) the consent of the occupier of the household unit; or an order of a District Court made under section 227.

(2) 161 Part 3 s 227 Building Act 2004 Reprinted as at 24 August 2004 227 District Court may authorise entry to household unit (1) A District Court, on the application of an authorised ofﬁcer, may make an order authorising the ofﬁcer to enter a household unit.
The Court may make the order under subsection (1)— (a) (2) only if it is satisﬁed that— (i) (ii) the proposed entry is necessary for the purposes of section 222; and the authorised ofﬁcer has taken all reasonable steps to obtain the consent of the occupier to the proposed entry; and subject to any conditions that it thinks ﬁt.
(b) Compare: 1991 No 150 s 76(8), (9) 228 Authorised ofﬁcer must give notice to occupier of household unit An authorised ofﬁcer must,— (a) if he or she intends to apply for an order under section 227, give the occupier of the household unit to which that application relates not less than 10 days’ written notice of his or her intention to do so; and before he or she enters a household unit under the au­ thority of an order under section 227, serve the order on the occupier of the household unit to which that order relates.
(b) Compare: 1991 No 150 s 76(10) Enforcement powers of territorial authority 229 Authorisation of enforcement ofﬁcers (1) A territorial authority— (a) may authorise any of its ofﬁcers to issue infringement (b) notices under section 372; and if it grants an authorisation under paragraph (a), must supply the enforcement ofﬁcer with a warrant.

The warrant must clearly state the functions and powers that the enforcement ofﬁcer has been authorised to carry out under this Act.
Compare: 1991 No 150 s 77(1), (2) (2) 162 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 232 230 Conditions of authorisation (1) An enforcement ofﬁcer who exercises or purports to exercise a power conferred by or under this Act— (a) must carry on him or her— (i) (ii) the warrant supplied under section 229; and evidence of his or her identity; and (b) must produce, if required to do so, the warrant and the evidence referred to in paragraph (a).
(2) An enforcement ofﬁcer who holds a warrant issued under sec­ tion 229 must, on the termination of his or her appointment as an enforcement ofﬁcer, surrender the warrant to the territorial authority.

Compare: 1991 No 150 s 77(3), (4) 231 Offence to impersonate enforcement ofﬁcer (1) A person commits an offence if the person impersonates or falsely pretends to be an enforcement ofﬁcer named in a war­ rant supplied under section 229.
(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.

Compare: 1991 No 150 s 80(h) Delegation of power 232 Delegation of powers by territorial authority and its ofﬁcers Clause 32 of Schedule 7 of the Local Government Act 2002 applies, with all necessary modiﬁcations, in respect of powers conferred by this Act on a territorial authority and its ofﬁcers.
Compare: 1991 No 150 s 78 163 Part 3 s 233 Building Act 2004 Reprinted as at 24 August 2004 Transfer of functions, duties, or powers of territorial authority 233 Transfer of functions, duties, or powers of territorial authority A territorial authority may transfer 1 or more of its functions, duties, or powers under this Act to another territorial authority, except the power of transfer conferred by this section.
Compare: 1991 No 150 s 25(1), (2) 234 Procedure for transfer If a territorial authority proposes to transfer any of its func­ tions, duties, or powers under section 233, the territorial au­ thority must— (a) use the special consultative procedure in section 83 of the Local Government Act 2002; and serve notice on the Minister of its proposal to transfer the function, duty, or power; and agree with the other territorial authority to whom the function, duty, or power is to be transferred that the transfer is desirable on either or both of the following grounds: (i) (ii) efﬁciency: technical or special capability, or expertise.
(b) (c) Compare: 1991 No 150 s 25(3) 235 Territorial authorities may agree on terms of transfer A territorial authority from whom functions, duties, or powers are to be transferred under section 233 and a territorial author­ ity to whom those functions, duties, or powers are to be trans­ ferred— (a) must enter into an agreement in respect of the transfer; and (b) may agree on the terms and conditions of the transfer.
Compare: 1991 No 150 s 25(4) 236 Effect of transfer (1) A territorial authority to whom a function, duty, or power is transferred under section 233— 164 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 238 (a) may perform the function or duty, or exercise the power, as if the function or duty were imposed, or the power were conferred, on that territorial authority under this Act; and (b) may, unless the agreement in respect of the transfer pro­ vides otherwise, cancel, at any time, the transfer in ac­ cordance with that agreement.
(2) A territorial authority from whom a function, duty, or power is transferred may, at any time, change or revoke the transfer by written notice to the other territorial authority concerned.
Compare: 1991 No 150 s 25(5), (6), (7) Subpart 3—Responsibilities of building consent authority that is not territorial authority 237 Application of subpart This subpart applies to a building consent authority that— (a) (b) is registered under section 273; and provides services as a building consent authority in a district; but is not— (i) (c) the territorial authority for the district, or another territorial authority to which a function, duty, or power is transferred under section 233; or the regional authority for the region, or another regional authority to which a function, duty, or power is transferred under section 244 (ii) Paragraph (c) was substituted, as from 14 April 2005, by section 3(7) Building Amendment Act 2005 (2005 No 31).
238 Duties of building consent authority (1) A building consent authority must, in performing its functions under Part 2,— (a) (b) obtain a project information memorandum before grant­ ing a building consent; and provide to the New Zealand Fire Service Commission a copy of every application for a building consent of a kind speciﬁed by notice under section 46; and 165 Part 3 s 238 Building Act 2004 Reprinted as at 24 August 2004 (c) provide to the territorial authority for the relevant dis­ trict copies of the information referred to in subsection (2).
(2) The information is— (a) (b) (c) (d) (e) project information memoranda: building consents: code compliance certiﬁcates: compliance schedules: building warrants of ﬁtness: energy work certiﬁcates: plans and speciﬁcations submitted to the building con­ sent authority in relation to an application for a building consent; and the following information issued or received by the building consent authority in respect of a building: (i) (ii) (iii) (iv) (v) (vi) (vii) notices to ﬁx: (viii) any other records that relate to the information referred to in subparagraphs (i) to (vii); and records of any information on any land or building re­ ceived by the building consent authority from a statu­ tory authority; and details about any levy collected under section 53; and the following information about the building consent authority: (i) the name and contact address of the building con­ sent authority: the scope of accreditation of the building consent authority: (ii) (iii) whether the building consent authority has ad­ equate means to cover any civil liabilities that may arise in the performance of its functions, and, if so, what those means are.
(3) A building consent authority must provide the copies of the information to the territorial authority for the relevant district within 5 working days after the building consent authority issues or receives the information.

(4) A building consent authority commits an offence if it fails to comply with subsection (3).
166 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 240 (5) A building consent authority that commits an offence under this section is liable to a ﬁne not exceeding $5,000 and, in the case of a continuing offence, to a further ﬁne not exceeding $500 for every day or part of a day during which the offence has continued.
239 Building consent authority must provide information to chief executive A building consent authority must provide information to the chief executive in accordance with the regulations.
240 Building consent authority may impose fee or charge and must collect levy (1) A building consent authority— (a) may impose a fee or charge payable by a member of the public— (i) (ii) in relation to a building consent; and for the performance of any other function or ser­ vice under this Act; and (b) must collect the levy for which an applicant is liable to pay to the chief executive under section 53.
(2) If a fee, charge, or levy is payable to a building consent au­ thority for the performance of a function or service under this Act, the building consent authority may refuse to perform the function or service, unless the fee, charge, or levy is paid.

(3) A failure by a person to pay a fee, charge, or levy does not affect the duty of a building consent authority under section 238 to provide copies of certain information to the territorial authority.
167 Part 3 s 241 Building Act 2004 Reprinted as at 24 August 2004 Subpart 4—Responsibilities of regional authorities Functions, duties, and powers of regional authorities generally 241 Regional authority must gain accreditation and be registered (1) A regional authority must, for the purpose of ensuring that it performs the function of a building consent authority in rela­ tion to dams,— (a) (b) apply for, and gain, accreditation under this Part; and apply to be, and be registered as, a building consent authority under this Part; and (2) (c) maintain that accreditation and registration at all times.
Subsection (1)— (a) is subject to the regional authority’s power under sec­ tion 244 to transfer any of its functions under this Act to another regional authority; and does not apply to any function it transfers to another regional authority.

(b) Subsection (2) was inserted, as from 14 April 2005, by section 18 Building Amendment Act 2005 (2005 No 31).
242 Regional authority must provide information to chief executive A regional authority must provide information to the chief ex­ ecutive in accordance with the regulations.
243 Regional authorities may impose fee or charge and recover costs, and must collect levy (1) A regional authority— (a) may impose a fee or charge— (i) (ii) for issuing a project information memorandum under section 34; or for performing any other function or service under this Act; and (b) may recover its costs from the owner if it carries out building work under section 156; and 168 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 246 (2) (c) must collect the levy an applicant is liable to pay to the chief executive under section 53.
If a fee or charge is payable to a regional authority for the per­ formance of a function or service under this Act, the regional authority may decline to perform the function or service, un­ less the fee or charge is paid.

The heading to section 243 was amended, as from 14 April 2005, by section 19(1) Building Amendment Act 2005 (2005 No 31) by adding the words “, and must collect levy”.

Subsection (1) was substituted, as from 14 April 2005, by section 19(2) Building Amendment Act 2005 (2005 No 31).
Transfer of functions, duties, and powers of regional authority 244 Transfer of functions, duties, and powers of regional authority A regional authority may transfer 1 or more of its functions, duties, or powers under this Act to another regional authority, except the power of transfer conferred by this section.
245 Procedure for transfer If a regional authority proposes to transfer any of its functions, duties, or powers under section 244, the regional authority must— (a) use the special consultative procedure in section 83 of the Local Government Act 2002; and serve notice on the Minister of its proposal to transfer the function, duty, or power; and agree with the other regional authority to whom the function, duty, or power is to be transferred that the transfer is desirable on either or both of the following grounds: (i) (ii) efﬁciency: technical or special capability, or expertise.
(b) (c) 246 Regional authorities may agree on terms of transfer A regional authority from whom functions, duties, or powers are to be transferred under section 244 and a regional author­ 169 Part 3 s 247 Building Act 2004 Reprinted as at 24 August 2004 ity to whom those functions, duties, or powers are to be trans­ ferred— (a) must enter into an agreement in respect of the transfer; and (b) may agree on the terms and conditions of the transfer.
247 Effect of transfer (1) A regional authority to whom a function, duty, or power is transferred under section 244— (a) may perform the function or duty, or exercise the power, as if the function or duty were imposed, or the power were conferred, on that regional authority under this Act; and (b) may, unless the agreement in respect of the transfer pro­ vides otherwise, cancel, at any time, the transfer in ac­ cordance with that agreement.
(2) A regional authority from whom a function, duty, or power is transferred may, at any time, change or revoke the transfer by written notice to the other regional authority concerned.

Subpart 5—Responsibilities of building consent accreditation body Appointment of building consent accreditation body 248 Chief executive may appoint building consent (1) accreditation body The chief executive may— (a) appoint a person as a building consent accreditation body; and revoke the appointment at any time.
(b) (2) A reference in this subpart to a building consent accreditation body is a reference to— (a) (b) the person appointed under subsection (1); or if no person is appointed, the chief executive.
170 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 252 Requirements for building consent accreditation body 249 Requirements for building consent accreditation body The chief executive must, by notice in the Gazette, specify— the minimum frequency of audits that the building (a) consent accreditation body must conduct on accredited building consent authorities (which must be at least once every 3 years); and any other matters the chief executive considers neces­ sary or appropriate.
(b) Paragraph (a) was amended, as from 14 April 2005, by section 16(2)(n) Building Amendment Act 2005 (2005 No 31) by omitting the words “and accredited regional authorities”.

Accreditation of building consent authorities or regional authorities 250 Accreditation The building consent accreditation body may, on the applica­ tion of a person made in accordance with section 253, accredit that person to perform the functions of a building consent au­ thority under this Part and Part 2.
Compare: 1991 No 150 s 51 Section 250 was amended, as from 14 April 2005, by section 16(2)(o) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or a regional authority”.

251 Criteria for accreditation Before granting accreditation, the building consent accredit­ ation body must be satisﬁed that the applicant meets the pre­ scribed criteria and standards for accreditation.
252 Scope of accreditation of building consent authority that (1) (2) is not territorial authority This section applies to a building consent authority that is not a territorial authority or a regional authority.

The building consent accreditation body must, before granting accreditation to a building consent authority to whom this sec­ tion applies, determine the scope of accreditation having re­ gard to the prescribed criteria and standards for accreditation.
171 Part 3 s 253 Building Act 2004 Reprinted as at 24 August 2004 (3) The scope of accreditation relates to 1 or more types of build­ ing in relation to which the building consent authority con­ cerned is authorised to perform functions under this Part and Part 2.

(4) An accredited building consent authority may, at any time, request the building consent accreditation body to change the scope of its accreditation.
Subsection (1) was amended, as from 14 April 2005, by section 3(5) Building Amendment Act 2005 (2005 No 31) by inserting the words “or a regional au­ thority” after the words “territorial authority”.

253 Application for accreditation An application for accreditation under section 250 must— (a) (b) (c) (d) be made in writing; and be given in the prescribed manner (if any); and contain the prescribed information (if any); and be accompanied by the prescribed fee (if any).
254 Revocation of accreditation (1) An accreditation under section 250 may be revoked, or the scope of accreditation may be amended, by— (a) (b) the building consent accreditation body; or the chief executive.
(2) An accreditation may be revoked only if the building consent accreditation body or the chief executive— (a) is satisﬁed that the building consent authority no longer meets the prescribed criteria and standards for accredit­ ation; and has ﬁrst given the building consent authority concerned a reasonable opportunity to be heard.
(b) (3) Despite subsection (2)(a), the building consent accreditation body or the chief executive must not revoke the accreditation of a building consent authority if— (a) the prescribed criteria and standards for accreditation are amended; and the building consent authority or regional authority no longer meets those criteria and standards solely as a re­ sult of the amendments.
(b) 172 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 256 (4) The limit in subsection (3) applies only during the period of 3 months after the date on which the amendments come into force.

Subsection (2)(a) was amended, as from 14 April 2005, by section 16(2)(p) Building Amendment Act 2005 (2005 No 31) by omitting the words “or the regional authority”.
Subsection (2)(b) was amended, as from 14 April 2005, by section 16(2)(p) Building Amendment Act 2005 (2005 No 31) by omitting the words “or the regional authority”.

Subsection (3) was amended, as from 14 April 2005, by section 16(2)(o) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or a regional authority”.
(1) 255 Building consent accreditation body must notify chief executive of grant and revocation of accreditation The building consent accreditation body must notify the chief executive when it grants or revokes an accreditation of a build­ ing consent authority .

The notiﬁcation must be given— (a) in the manner notiﬁed by the chief executive to the building consent accreditation body from time to time; and (2) (b) within 7 days after the grant or revocation to which it relates.
Subsection (1) was amended, as from 14 April 2005, by section 16(2)(o) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or a regional authority”.

Subpart 6—Responsibilities of dam owner accreditation body Appointment of dam owner accreditation body 256 Chief executive may appoint dam owner accreditation (1) body The chief executive may— (a) appoint a person as a dam owner accreditation body; and revoke the appointment at any time.
(b) (2) A reference in this subpart to a dam owner accreditation body is a reference to— (a) a person appointed under subsection (1); or 173 Part 3 s 257 Building Act 2004 Reprinted as at 24 August 2004 (b) if no person is appointed, the chief executive.
Requirements for dam owner accreditation body 257 Requirements for dam owner accreditation body The chief executive must, by notice in the Gazette, specify— the minimum frequency of audits that the dam owner (a) accreditation body must conduct on accredited dam owners; and any other matters that the chief executive considers ne­ cessary or appropriate.
(b) Accreditation of dam owners 258 Accreditation (1) The dam owner accreditation body may, on the application of an owner of a dam made in accordance with subsection (3), accredit that person under this subpart.

Before granting accreditation, the dam owner accreditation body must be satisﬁed that the applicant meets the prescribed criteria and standards.
(2) (3) An application for accreditation under subsection (1) must— (a) (b) (c) (d) be made in writing; and be given in the prescribed manner (if any); and contain the prescribed information (if any); and be accompanied by the prescribed fee (if any).

259 Revocation of accreditation (1) An accreditation under section 258(1) may be revoked by— (a) (b) the dam owner accreditation body; or the chief executive.
(2) An accreditation may be revoked only if the dam owner ac­ creditation body or the chief executive— (a) is satisﬁed that the accredited dam owner no longer meets the prescribed criteria and standards; and has ﬁrst given the accredited dam owner concerned a reasonable opportunity to be heard.
(b) 174 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 261 (3) Despite subsection (2)(a), the dam owner accreditation body or the chief executive must not revoke the accreditation of a dam owner if— (a) the prescribed criteria and standards for accreditation are amended; and the accredited dam owner no longer meets those criteria and standards solely as a result of the amendments.
(b) (4) The limit in subsection (3) applies only during the period of 3 months after the date on which the amendments come into force.

260 Dam owner accreditation body must notify chief executive (1) (2) (3) of grant and revocation of accreditation The dam owner accreditation body must notify the chief ex­ ecutive when it grants or revokes an accreditation of a dam owner.
The notiﬁcation must be given— (a) in the manner notiﬁed by the chief executive to the dam owner accreditation body from time to time; and (b) within 7 days after the grant or revocation to which it relates.
The chief executive must, on receiving notiﬁcation under sub­ section (1),— (a) in the case of a notice that accreditation has been granted, enter the name of the dam owner on the regis­ ter kept under section 273(1)(c); or in the case of a notice that accreditation has been re­ voked, remove the name of the dam owner from that register.
(b) Subpart 7—Responsibilities of product certiﬁcation accreditation body Appointment of product certiﬁcation accreditation body 261 Chief executive may appoint product certiﬁcation accreditation body The chief executive may— (1) 175 Part 3 s 262 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) appoint a person as a product certiﬁcation accreditation body; and revoke the appointment at any time.
(2) A reference in this subpart to a product certiﬁcation accredit­ ation body is a reference to— (a) (b) the person appointed under subsection (1); or if no person is appointed, the chief executive.
Requirements for product certiﬁcation accreditation body 262 Requirements for product certiﬁcation accreditation body The chief executive must, by notice in the Gazette, specify— (1) the minimum frequency of audits that the product certi­ (a) ﬁcation accreditation body must conduct on accredited product certiﬁcation bodies; and any other matters that the chief executive considers ne­ cessary or appropriate.
(b) (2) (3) The chief executive may, by notice in the Gazette, specify cer­ tiﬁcations of building methods or products provided by per­ sons outside New Zealand that are to be treated as product cer­ tiﬁcations for the purposes of this subpart.

Subsection (2) applies only if the chief executive is satisﬁed that the building methods and products concerned meet the prescribed criteria and standards for certiﬁcation.
Accreditation of product certiﬁcation bodies 263 Accreditation The product certiﬁcation accreditation body may, on the ap­ plication of a person or body made in accordance with section 265, accredit that person or body to perform the functions of a product certiﬁcation body under this subpart.
264 Criteria for accreditation Before granting accreditation, the product certiﬁcation ac­ creditation body must be satisﬁed that the applicant— (a) has the necessary ability to perform all or any of the functions speciﬁed in this subpart competently, impar­ 176 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 266 tially, consistently, transparently, and in an accountable manner, having regard to— (i) the technical competence of the applicant to per­ form the functions for which the applicant wishes to be accredited; and the applicant’s systems, and in particular whether those systems will allow the applicant to perform the functions for which the applicant wishes to be accredited; and (ii) (b) complies with the prescribed criteria and standards for accreditation.
265 Application for accreditation An application for accreditation under section 263 must— (a) (b) (c) (d) be made in writing; and be given in the prescribed manner (if any); and contain the prescribed information (if any); and be accompanied by the prescribed fee (if any).

266 Revocation of accreditation (1) An accreditation under section 263 may be revoked by— (a) (b) the product certiﬁcation accreditation body that granted the accreditation; or the chief executive.
(2) An accreditation may be revoked only if the product certiﬁca­ tion accreditation body or the chief executive— (a) is satisﬁed that the product certiﬁcation body no longer meets the prescribed criteria and standards for accredit­ ation; and has ﬁrst given the product certiﬁcation body concerned a reasonable opportunity to be heard.
(b) (3) Despite subsection (2)(a), the product certiﬁcation accredit­ ation body or the chief executive must not revoke the accredit­ ation of a product certiﬁcation body if— (a) the prescribed criteria and standards for accreditation are amended; and the product certiﬁcation body no longer meets those cri­ teria and standards solely as a result of the amendments.
(b) 177 Part 3 s 267 Building Act 2004 Reprinted as at 24 August 2004 (4) The limit in subsection (3) applies only during the period of 3 months after the date on which the amendments come into force.

267 Product certiﬁcation accreditation body must notify chief executive of grant or revocation of accreditation (1) A product certiﬁcation accreditation body must notify the chief executive when it grants or revokes an accreditation of a product certiﬁcation body.
The notiﬁcation must be given— (a) in the manner notiﬁed by the chief executive to the prod­ uct certiﬁcation accreditation body from time to time; and (2) (b) within 7 days after the grant or revocation to which it relates.

Certiﬁcation of building methods or products 268 Application for product certiﬁcate (1) A proprietor of a building method or product may apply to a product certiﬁcation body for certiﬁcation of that building method or product.
The application must contain the information that is speciﬁed from time to time by the product certiﬁcation body.

Compare: 1991 No 150 s 58(1) (2) Issue of product certiﬁcate 269 (1) A product certiﬁcation body must issue a product certiﬁcate if it is satisﬁed that a building method or product that is the sub­ ject of an application under section 268 meets the prescribed criteria and standards for certiﬁcation.
(2) A product certiﬁcate must state whether there are any matters that should be taken into account in the use or application of the building method or product, and if so, what those matters are.

178 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 271 (2) 270 Annual review of product certiﬁcate (1) A product certiﬁcation body must, on an annual basis, review a product certiﬁcate by conducting an audit of the building method or product to which the certiﬁcate relates.
The audit must assess whether the building method or prod­ uct continues to meet the prescribed criteria and standards for certiﬁcation.

The proprietor of the building method or product must provide the product certiﬁcation body with any information or matter that the product certiﬁcation body requires for the purposes of the audit.

(3) (4) A person commits an offence if the person fails to provide any information or matter that the product certiﬁcation body requires under subsection (3).
(5) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.

271 Revocation of product certiﬁcate (1) A product certiﬁcate may, at any time, be revoked by— (a) (b) the product certiﬁcation body that performed the certi­ ﬁcation; or the chief executive.
(2) A product certiﬁcate may be revoked only if— (a) (b) (c) (d) the certiﬁcate has been obtained by fraud, misrepresen­ tation, or concealment of facts; or the building method or product no longer meets the pre­ scribed criteria and standards for certiﬁcation (whether this becomes apparent as a result of an annual review of a product certiﬁcate under section 270 or otherwise); or any certiﬁcation, or similar authorisation issued or granted in respect of that building method or product, has been revoked or cancelled for any reason; or the building code no longer applies to the building method or product because of an amendment to the code.
(3) The product certiﬁcation body or chief executive, as the case may be, may not revoke a product certiﬁcate unless the product certiﬁcation body or chief executive has ﬁrst given the propri­ 179 Part 3 s 272 Building Act 2004 Reprinted as at 24 August 2004 (4) (5) etor of the building method or product a reasonable opportun­ ity to be heard.
The product certiﬁcation body or the chief executive must not revoke a product certiﬁcate if— (a) the prescribed criteria and standards for certiﬁcation are amended; and the building method or product to which the product cer­ tiﬁcate relates no longer meets those criteria and stan­ dards solely as a result of the amendments.

(b) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force.
Compare: 1991 No 150 s 61 272 Product certiﬁcation body must notify chief executive of issue and revocation of certiﬁcate (2) (1) A product certiﬁcation body must notify the chief executive when it issues or revokes a certiﬁcate under this subpart.

The notiﬁcation must be given— (a) in the manner notiﬁed from time to time by the chief executive to the product certiﬁcation body; and (b) within 7 days after the issue or revocation to which it relates.
Subpart 8—Miscellaneous responsibilities Chief executive must keep registers 273 Chief executive must keep registers (1) The chief executive must establish and maintain the following registers: (a) a register of building consent authorities for the pur­ poses of section 191: (b) a register of accredited dam owners notiﬁed to the chief executive under section 260: a register of accredited product certiﬁcation bodies no­ tiﬁed to the chief executive under section 267: a register of certiﬁed building methods or products no­ tiﬁed to the chief executive under section 272.
(c) (d) (e) 180 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 274 (2) (3) (4) (5) The chief executive must— (a) make each register available for public inspection, with­ out fee, at reasonable hours at the head ofﬁce of the Min­ istry; and supply to any person, on request and on payment of a reasonable charge, a copy of each register or part of each register.
(b) Each register may be kept— (a) as an electronic register (for example, on the Ministry’s website); or (b) in any other manner that the chief executive thinks ﬁt.

Each register must be operated at all reasonable times unless— the chief executive suspends the operation of the regis­ (a) ter, in whole or in part, in accordance with subsection (5); or otherwise provided in regulations made under section 402.
(b) The chief executive may refuse access to a register or other­ wise suspend the operation of the register, in whole or in part, if the chief executive considers that it is not practical to pro­ vide access to the register.

Compare: 1991 No 150 s 53(1) Subsection (1)(b) was repealed, as from 14 April 2005, by section 20(1) Build­ ing Amendment Act 2005 (2005 No 31).
274 Purpose of registers The purpose of each register is— (a) to enable members of the public to know,— (i) in the case of the register of building consent authorities, the names and contact details of those building consent authorities and, if applicable, the scope of their accreditation; and (ii) in the case of the register of accredited dam owners, the names and contact details of those dam owners; and in the case of the register of accredited product certiﬁcation bodies, the names and contact details of those product certiﬁcation bodies; and (iii) (iv) 181 Part 3 s 275 Building Act 2004 Reprinted as at 24 August 2004 (v) in the case of the register of certiﬁed building methods or products, which building methods or products are certiﬁed; and to facilitate the compliance, audit, and other support­ ing and administrative functions of the chief executive under this Act.
(b) Paragraph (a)(ii) was repealed, as from 14 April 2005, by section 20(2) Building Amendment Act 2005 (2005 No 31).
275 Content of register of building consent authorities The register of building consent authorities referred to in sec­ tion 273(1)(a) must, in addition to the names of the building consent authorities, contain the following information: (a) details of any limits imposed by the chief executive, under section 203(2)(c), on the functions that those au­ thorities may perform: any prescribed information: in the case of building consent authorities that are not territorial authorities, the scope of accreditation of each of those authorities.
(b) (c) Compare: 1991 No 150 s 53(2) Chief executive may review territorial authorities 276 Review of territorial authorities (1) The chief executive may, on his or her own initiative or at the request of the Minister, conduct a review of either or both of the following matters: (a) whether a territorial authority is properly performing its functions and duties under this Act: (b) whether a territorial authority is properly exercising its powers under this Act.
The chief executive must— (a) give the territorial authority a reasonable opportunity to make written submissions on the review; and consider those submissions (if any).
(b) The chief executive must, after completing the review,— (a) report to the Minister if he or she believes that either or both of the following applies: (2) (3) 182 Reprinted as at 24 August 2004 Building Act 2004 Part 3 s 278 (i) (ii) the territorial authority is not properly perform­ ing its functions or duties under this Act: the territorial authority is not properly exercising its powers under this Act; and (b) if paragraph (a) applies, state in the report the facts on which that belief is based.
Compare: 1991 No 150 s 15 Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority (2) 277 Non­performance by territorial authority (1) This section applies if the Minister considers, in accordance with section 278, that a territorial authority is not properly per­ forming its functions or duties, or exercising its powers, under this Act.
The Minister may, in consultation with the Minister of Local Government, appoint 1 or more persons to act in place of the territorial authority by— (a) performing all or any of the territorial authority’s func­ tions or duties under this Act: exercising all or any of the territorial authority’s powers under this Act.
(b) Compare: 1991 No 150 s 29(1) 278 Criteria for appointment or renewal of appointment (1) In determining whether an appointment under section 277 should be made, the Minister must consider whether the territorial authority is capable of performing its functions or duties, or exercising its powers, under this Act to the extent that the Minister considers necessary to achieve the purposes of this Act.
If the Minister makes an appointment under that section, he or she must, in determining whether the appointment should be renewed,— (a) (b) consider the matter speciﬁed in subsection (1); and revoke the appointment and direct the territorial author­ ity to resume the performance of its functions or duties, or the exercise of its powers, under this Act if he or she (2) 183 Part 3 s 279 Building Act 2004 Reprinted as at 24 August 2004 considers that the territorial authority is capable of do­ ing so.
(3) If subsection (2)(b) applies, the Minister must give the person appointed under section 277 notice of the revocation of that person’s appointment.

Compare: 1991 No 150 s 29(7) 279 Effect of appointment If a person is appointed under section 277,— (a) that person has all the functions, duties, and powers of a territorial authority as if they had been imposed or conferred on that person directly by this Act and not by the appointment; and this Act applies accordingly.
(b) Compare: 1991 No 150 s 29(3) 280 Costs may be recovered from territorial authority (1) This section applies to all costs, charges, and expenses in­ curred by— (a) (b) the Minister for the purposes of section 277; or a person appointed under that section in performing any functions or duties, or exercising any powers, of a ter­ ritorial authority.
(2) The costs, charges, and expenses to which this section ap­ plies— (a) may be recovered from the territorial authority con­ cerned as a debt due to the Minister; or (b) may be deducted from any money payable to that terri­ torial authority by the Minister.
Compare: 1991 No 150 s 29(4) 281 Requirements for appointment (1) The Minister— (a) may make an appointment under section 277 only if he or she has given the territorial authority not less than 15 working days’ written notice of his or her intention to do so; and (b) must specify the period for which the appointment is made.
184 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 282 (2) The appointment may— (a) (b) be on any terms and conditions that the Minister thinks ﬁt; and be renewed in accordance with section 278.

(3) A person appointed under section 277 may resign from his or her appointment by giving not less than 20 working days’ written notice of his or her intention to resign to the Minister.
Compare: 1991 No 150 s 29(2), (5), (6) Part 4 Regulation of building practitioners Subpart 1—Preliminary Deﬁnitions 282 Deﬁnitions for this Part (b) In this Part, unless the context otherwise requires,— appeal authority — (a) in relation to an appeal against a decision of the Regis­ trar under section 330(1), means the Board; and in relation to an appeal against a decision of the Board under section 330(2), means the District Court applicable minimum standards for licensing means the minimum standards for licensing that— (a) (b) Board means the Building Practitioners Board established by section 341 building inspection work means any of the following (a) apply to the class of licence in question; and are contained in the rules the assessment and approval of building design docu­ ments: the undertaking of inspections of building work: the issuing of building consents: determining compliance with a building consent: inspection of maintenance and reporting procedures stated in a compliance schedule (b) (c) (d) (e) decision includes— (a) (b) any action taken under section 318; and an order 185 Part 4 s 283 Building Act 2004 Reprinted as at 24 August 2004 decision­maker, in relation to an appeal, means the person or body that made the decision or took the action appealed against disciplinary matter means an inquiry into, or complaint about, the conduct of a licensed building practitioner or a decision on that inquiry or complaint LBP standards has the meaning set out in section 353 register means the register of building practitioners estab­ lished and maintained under section 298 Registrar means the ofﬁcer appointed under section 310.
General procedure of Board and Registrar under this Part 283 Speciﬁed procedure for making decisions In the performance and exercise of their decision­making the Board and the functions and powers under this Part, Registrar must— (a) give written notice of, and reasons for, their decision to any person to whom the decision relates; and comply with the principles of natural justice; and comply with any applicable procedures under the rules; and comply with the regulations.
(b) (c) (d) Compare: 2002 No 17 s 25 284 Other procedure for making decisions Except as otherwise provided in this Act, the Board and the Registrar may regulate their own procedure for making deci­ sions under this Part.
Compare: 2002 No 17 s 26 Subpart 2—Licensing and disciplining of building practitioners Classes of licences 285 Classes of licences may be designated by regulations The Governor­General may, by Order in Council made on the recommendation of the Minister, designate a class or classes 186 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 288 of licences that may be issued under this subpart to persons who carry out— (a) (b) building work: building inspection work.
How to become licensed 286 Entitlement to licence An individual is entitled to be licensed as a building practi­ tioner if the individual satisﬁes the Registrar— (a) that he or she meets the applicable minimum standards for licensing; and that he or she is not precluded from holding a licence because of any action taken by the Board under section 318; and that his or her registration, licence, or other recognition under another enactment in respect of any substantially equivalent occupation has not been suspended or can­ celled in respect of a disciplinary matter at any time within the last 5 years; and that he or she has paid the prescribed fee.
(b) (c) (d) 287 Applications for licence An application for a licence under this subpart must be made to the Registrar in accordance with the rules.
288 Registrar to license applicant or decline application (1) If the Registrar is satisﬁed that the applicant is entitled, under section 286, to be licensed as a building practitioner, the Regis­ trar must— (a) (b) issue to the applicant a particular class of licence; and send to the applicant evidence of the issue of that li­ cence, in a form speciﬁed in the rules; and enter that person’s name in the register; and issue a unique identiﬁer (for example, a registration number) to the applicant, and notify the applicant what that identiﬁer is.
(c) (d) 187 Part 4 s 289 Building Act 2004 Reprinted as at 24 August 2004 (2) (3) If the Registrar is not satisﬁed that the applicant is entitled to be licensed as a building practitioner, the Registrar must notify the applicant of— (a) (b) Subsection (2) does not limit section 283. the Registrar’s decision; and the applicant’s right of appeal against the decision.
Provisions relating to licences 289 Duty to produce evidence of issue of licence A licensed building practitioner must, if asked by any person, produce for inspection by the person either— (a) the evidence of the issue of a licence sent to that person under section 288(1)(b); or a copy of that evidence.

(b) 290 Term of licence A licence continues in force until it is cancelled or suspended under this subpart.
Automatic licensing of certain professions 291 Automatic licensing of people registered under other (1) enactments This section applies to a person who is registered, licensed, or otherwise recognised under any other enactment (for example, a registered architect), but does not apply at any time when that registration, licence, or other recognition is suspended or cancelled.

(2) An order made under section 285 may treat the person as if they hold a licence of a class or classes speciﬁed in the order.
(3) A person who is treated as holding a licence of a particular class or classes under subsection (2) may not apply under this Act for a licence of another class that is substantially equiva­ lent to the licence that he or she is treated as holding.

The licensing provisions of this subpart do not apply to a per­ son who is treated under this section and the rules as if he or she holds a licence (for example, he or she need not apply for a licence or pay any fees under this subpart).
(4) 188 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 294 Continuation of licensing 292 Licensed building practitioner must meet applicable minimum standards for licensing to continue to be licensed The Registrar must assess at the frequency required by the rules, and may assess at any other time, whether a licensed building practitioner continues to meet the applicable min­ imum standards for licensing.

That assessment must be made in the manner required by the rules.
(1) (2) (3) A licensed building practitioner who continues to meet those standards is entitled to the continuation of his or her licence, subject to section 303.
293 Consequences of failure to meet applicable minimum (1) (2) standards for licensing If, after making an assessment under section 292, the Registrar determines that the licensed building practitioner no longer meets the applicable minimum standards for licensing, the Registrar must— (a) suspend the person’s licence until the person satisﬁes the Registrar that he or she meets those standards; and record the suspension in the register.
(b) If the person does not so satisfy the Registrar within 12 months after the suspension, or any further period that the Registrar may determine, the Registrar must— cancel the person’s licence; and (a) remove the person’s name from the register.
(b) Cancellation and suspension of licence 294 Cancellation of licence The Registrar must cancel a person’s licence and remove the person’s name from the register— (a) if the person, by written notice, requests the Registrar to cancel his or her licence; or in accordance with section 293(2) (consequences of failure to meet applicable minimum standards for li­ censing); or (b) 189 Part 4 s 295 Building Act 2004 Reprinted as at 24 August 2004 (c) (d) in accordance with section 318 (disciplinary penalties); or in accordance with section 319 (non­payment of ﬁnes or costs).
295 Mandatory suspension of licence (1) (2) (3) The Registrar must suspend a person’s licence and record the suspension in the register in accordance with section 293(1) (consequences of failure to meet applicable minimum standards for licensing).
The Registrar must, in the case of a person who is the subject of disciplinary proceedings under this subpart,— (a) suspend the person’s licence until an order is made under section 318 or until those disciplinary proceed­ ings are otherwise ﬁnished if, in the opinion of the Registrar, suspension of the person’s licence is neces­ sary for the purpose of protecting the public; and record that suspension in the register.
(b) The Board must suspend a person’s licence and direct the Registrar to record the suspension in the register in accordance with— (a) (b) section 318 (disciplinary penalties); or section 319 (non­payment of ﬁnes or costs).

296 Voluntary suspension of licence (1) A licensed building practitioner may, by written notice, re­ quest the Registrar to suspend his or her licence for a period speciﬁed in the notice.
The Registrar must then suspend that person’s licence, and record the suspension in the register, for that speciﬁed period (subject to the rules).

(2) (3) A person whose licence is suspended under this section may, by written notice to the Registrar, request the Registrar to re­ vive the person’s licence.

The Registrar must then revive that person’s licence (unless there is some other ground to suspend or cancel that person’s licence under this subpart).
(4) 190 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 299 297 Effect of suspension of licence (1) A person is not a licensed building practitioner, for the pur­ poses of this Act, for the period for which his or her licence is suspended.

(2) At the end of the period of suspension, the person’s licence is immediately revived (unless there is some other ground to suspend or cancel that person’s licence under this subpart).
Register of licensed building practitioners 298 Register of licensed building practitioners (1) The Registrar must establish and maintain, in accordance with this Act and the rules, a register of licensed building practi­ tioners.

The Registrar must enter in the register— (a) (b) the name of every licensed building practitioner; and the information about that person that is speciﬁed in section 301 to the extent that the information is relevant to that person.
The Registrar must make any other entries in the register that may be required, permitted, or directed to be entered by or under this subpart or the regulations.
(2) (3) 299 Purpose of register The purpose of the register is— (a) (ii) to enable members of the public to— (i) determine whether a person is a licensed build­ ing practitioner and, if so, the status and relevant history of the person’s licence; and choose a suitable building practitioner from a list of licensed building practitioners; and know how to contact the building practitioner; and know which licensed building practitioners have been disciplined within the last 3 years; and to facilitate the administrative, disciplinary, and other functions of the Board and the Registrar under this Act.
(iii) (iv) (b) 191 Part 4 s 300 Building Act 2004 Reprinted as at 24 August 2004 300 Form of register (1) (2) (3) as an electronic register; or in any other manner that the Registrar thinks ﬁt.

The register may be kept— (a) (b) The register must be operated at all times unless— (a) the Registrar suspends the operation of the register, in whole or in part, in accordance with subsection (3); or otherwise provided in the regulations.
(b) The Registrar may refuse access to the register or otherwise suspend the operation of the register, in whole or in part, if the Registrar considers that it is not practical to provide access to the register.
301 Matters to be contained in register (1) The register must contain all of the following information, to the extent that the information is relevant, for each licensed building practitioner whose name is entered in the register: (a) (b) (c) (d) (e) (f) full name: any aliases: date of birth: address for communications under this Act: residential address: name of any company or body corporate that is asso­ ciated with the licensed building practitioner (for ex­ ample, that person’s employer or the company of which that person is a director): email and website address: phone number: fax number: any unique identiﬁer issued by the Registrar (for ex­ ample, a registration number): any other prescribed information: information about the status and history of the person’s licence, particularly— (i) (ii) the class of licence held by the person; and the date on which the person’s name was entered in the register; and (g) (h) (i) (j) (k) (l) 192 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 303 (iii) any action taken under section 318 on a discip­ linary matter in respect of the person in the last 3 years: (m) any other information that the Registrar considers ne­ cessary or desirable for the purpose of the register.
(2) The register must also show— (a) (b) whether a licence was suspended in the last 3 years; and if paragraph (a) applies,— (i) the ground under this Act for the suspension (for example, whether for non­payment of a levy that was required from the licensed building practi­ tioner, or on another ground); and the period of suspension; and any conditions for termination of the suspension.
(ii) (iii) Updates of register 302 Obligation to notify Registrar of change in circumstances Each applicant for a licence, and each licensed building practi­ (1) tioner, must give written notice to the Registrar of any change in circumstances within 10 working days after the change.

Change of circumstances— (a) means any change in the information that the person has provided to the Registrar under this subpart; and includes any change that may be prescribed (if any).
(2) (b) 303 Registrar must contact licensed building practitioners (1) (2) on annual basis The Registrar must, on an annual basis, contact each licensed building practitioner, in a manner provided for in the rules, and— (a) ask whether the licensed building practitioner wishes to continue to be licensed; and ask whether the information shown on the register in respect of that person is correct; and (c) notify the requirement to pay a prescribed levy.
The licensed building practitioner must, within 20 working days of being contacted,— (b) 193 Part 4 s 304 Building Act 2004 Reprinted as at 24 August 2004 (3) (4) (5) (a) reply to both questions, and supply any information ne­ cessary to ensure that the information shown on the register is correct; and pay to the Registrar the prescribed levy.
(b) If a licensed building practitioner does not comply with sub­ section (2), the Registrar must contact the licensed building practitioner, in a manner provided for in the rules, and advise the licensed building practitioner that his or her licence will be suspended unless the person complies with subsection (2), and pays a late fee, within the period, provided for in the rules.
If the licensed building practitioner does not do so, the Regis­ trar must— (a) suspend the person’s licence until the person does so; and record the suspension in the register.

(b) If the licensed building practitioner does not comply with sub­ section (2), and pay the late fee, within 12 months after the date on which the person is contacted under subsection (3), the Registrar must— (a) (b) cancel the person’s licence; and remove the person’s name from the register.
304 Alterations to register The Registrar may, at any time, make any amendments to the register that are necessary to— (a) reﬂect any changes in the name of a licensed building practitioner or the information speciﬁed in section 301; or correct a mistake caused by any error or omission on the part of the Registrar or any person to whom the Registrar has delegated his or her functions, duties, or powers.
(b) Searches of register 305 Search of register A person may search the register in accordance with this Act or the regulations.

194 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 311 306 Search criteria The register may be searched only by reference to criteria to be speciﬁed in the regulations.

307 Search purposes A search of the register may be carried out only for a purpose referred to in section 299.
308 When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out in accordance with sections 305 to 307 con­ stitutes an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.

309 Search fees (1) (2) The Registrar may charge a fee for searches of the register.
The fee may be prescribed by the regulations, or may be de­ termined by the Registrar, and must be no greater than the cost of providing for the search of the register.

Registrar of Licensed Building Practitioners 310 Appointment of Registrar of Licensed Building Practitioners The chief executive must appoint, under the State Sector Act 1988, a Registrar of Licensed Building Practitioners.
311 Functions of Registrar The functions of the Registrar are— (a) (b) to establish and maintain the register; and to make decisions about whether persons meet the requirements for licensing or continued licensing, to issue, cancel, and suspend licences as part of the licens­ ing system, and to perform the other functions relating to licensing under this subpart; and to help the Board to receive and investigate complaints under sections 315 and 316; and (c) 195 Part 4 s 312 Building Act 2004 Reprinted as at 24 August 2004 (d) (e) to provide other administrative support for the Board sufﬁcient to enable the Board to perform its functions efﬁciently and effectively; and to perform any other function conferred on the Registrar by this Act or any other enactment.
Paragraphs (c) and (d) were substituted, as from 14 April 2005, by section 21 Building Amendment Act 2005 (2005 No 31).

Paragraph (e) was inserted, as from 14 April 2005, by section 21 Building Amendment Act 2005 (2005 No 31).

312 Power of Registrar to delegate (1) The Registrar may delegate to any person (whether an em­ ployee of the State services or not), either generally or par­ ticularly, any of the Registrar’s functions, duties, and powers except the power of delegation.
(2) A delegation— (a) must be in writing; and (b) may be made subject to any restrictions and conditions (c) (d) that the Registrar thinks ﬁt; and is revocable at any time, in writing; and does not prevent the performance or exercise of a func­ tion, duty, or power by the Registrar.

(3) A person to whom any functions, duties, or powers are dele­ gated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
(4) A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

313 Certiﬁcate of Registrar to be conclusive evidence (1) A certiﬁcate signed by the Registrar, or any person authorised by the Registrar, in relation to the matters referred to in subsec­ tion (2) is for all purposes conclusive evidence, in the absence of proof to the contrary, of those matters speciﬁed in the cer­ tiﬁcate.
The matters are— (2) 196 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 315 (a) (b) (c) that any person was or was not a licensed building prac­ titioner at any particular time or during any period spe­ ciﬁed in the certiﬁcate; or that any entry in the register is as stated in the certiﬁcate; or that the description of building work and building in­ spection work that a person is authorised to carry out or supervise is as stated in the certiﬁcate.

(3) The certiﬁcate must be dated.


Offences relating to licensing 314 Offences relating to licensing (1) A person commits an offence if the person holds himself or herself out as a person who is licensed to carry out or supervise building work or building inspection work, or building work or building inspection work of a certain type, while not being so licensed.

(2) A person who commits an offence under subsection (1) is li­ able to a ﬁne not exceeding $20,000.
(3) A person commits an offence if the person— (a) (b) fails to produce evidence of the issue of a licence as required by section 289; or fails to give written notice of a change in circumstances in accordance with section 302.

(4) A person who commits an offence under subsection (3) is li­ able to a ﬁne not exceeding $5,000.
Discipline 315 Complaints about licensed building practitioners (1) Any person may complain to the Board about the conduct of a licensed building practitioner in accordance with the regula­ tions.

(2) A complaint or inquiry, and any decision on the complaint or inquiry, may relate to a person who is no longer a licensed building practitioner but who was a licensed building practi­ tioner at the time of the relevant conduct.
Compare: 2002 No 17 s 20 197 Part 4 s 316 Building Act 2004 Reprinted as at 24 August 2004 316 Board must investigate complaints (1) The Board must, as soon as practicable after receiving a com­ plaint, investigate the complaint and determine whether or not to proceed with it.
(2) However, subsection (3) applies if the Board receives a com­ plaint about a licensed building practitioner— (a) who is a licensed building practitioner only because he or she is treated under section 291 and the rules as if he or she holds a licence because he or she is registered, licensed, or otherwise recognised under any other en­ actment (for example, a registered architect); and (b) who is, in the opinion of the Board, subject to a sub­ stantially similar or more stringent disciplinary regime by or under that other enactment.
(3) The Board may not investigate or proceed with the complaint, but must refer it to the body that is responsible for dealing with complaints under that other enactment.
317 Grounds for discipline of licensed building practitioners (1) The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in section 318 if it is satisﬁed that— (a) both of the following matters apply: (i) a licensed building practitioner has been con­ victed, whether before or after he or she is li­ censed, by any court in New Zealand or else­ where of any offence punishable by imprison­ ment for a term of 6 months or more; and the commission of the offence reﬂects adversely on the person’s ﬁtness to carry out or supervise building work or building inspection work; or (ii) (b) (c) a licensed building practitioner has carried out or super­ vised building work or building inspection work in a negligent or incompetent manner; or a licensed building practitioner has carried out or super­ vised building work or building inspection work of a type that cannot be carried out or supervised by persons who hold the class of licence that the licensed building practitioner holds; or 198 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 318 (d) (e) a licensed building practitioner has carried out or super­ vised building work or building inspection work that does not comply with a building consent; or a licensed building practitioner has, for the purpose of obtaining a licence (either for himself or herself or for any other person),— (i) either orally or in writing, made any declaration or representation, knowing it to be false or mis­ leading in a material particular; or produced to the Registrar or made use of any document, knowing it to contain a declaration or representation referred to in subparagraph (i); or produced to the Registrar or made use of any document, knowing that it was not genuine.
(ii) (iii) (2) The Board may take the action whether or not the person is still a licensed building practitioner.
Compare: 2002 No 17 s 21 318 Disciplinary penalties (1) In any case to which section 317 applies, the Board may— (a) do both of the following things: (i) cancel the person’s licence and direct the Regis­ trar to remove the person’s name from the regis­ ter; and order that the person may not apply to be reli­ censed before the expiry of a speciﬁed period: (ii) (b) (c) (d) (e) (f) suspend the person’s licence for a period of no more than 12 months or until the person meets speciﬁed con­ ditions relating to the licence (but, in any case, not for a period of more than 12 months) and direct the Registrar to record the suspension in the register: restrict the type of building work or building inspection work that the person may carry out or supervise under the class of licence that he or she holds and direct the Registrar to record the restriction in the register: order that the person be censured: order that the person undertake training speciﬁed in the order: order that the person pay a ﬁne not exceeding $10,000.
199 Part 4 s 319 Building Act 2004 Reprinted as at 24 August 2004 (2) The Board may take only 1 type of action in subsection (1)(a) to (d) in relation to a case, except that it may impose a ﬁne under subsection (1)(f) in addition to taking the action under subsection (1)(b) or (d).

(4) (3) No ﬁne may be imposed under subsection (1)(f) in relation to an act or omission that constitutes an offence for which the person has been convicted by a court.
In any case to which section 317 applies, the Board may order that the person must pay the costs and expenses of, and inci­ dental to, the inquiry by the Board.

In addition to requiring the Registrar to notify in the register an action taken by the Board under this section, the Board may publicly notify the action in any other way it thinks ﬁt.
Compare: 2002 No 17 s 23 (5) 319 Non­payment of ﬁnes or costs If money payable by a person under section 318(1)(f) or (4) re­ mains unpaid for 60 days or more after the date of the order, the Board may— (a) cancel the person’s licence and direct the Registrar to remove the person’s name from the register; or suspend the person’s licence until the person pays the money and, if he or she does not do so within 12 months, cancel his or her licence and direct the Registrar to re­ move his or her name from the register.
(b) 320 Payment and application of charges, ﬁnes, and other money (1) All charges, ﬁnes, and other money payable by a person under this subpart— (a) (b) are payable to the Registrar: are recoverable as a debt due to the Registrar from that person, whether or not he or she remains a licensed building practitioner.

For the purposes of this section, ﬁne does not include a ﬁne imposed in respect of the commission of an offence against a provision of this Act.
(2) 200 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 323 Powers and procedure of Board on disciplinary matters 321 Board must act independently (1) The Board must act independently in performing its functions under this subpart.

The Registrar must ensure that any staff that the Registrar pro­ vides by way of administrative support for the Board have not been involved in assisting the Registrar to perform the func­ tions of the Registrar under this subpart.
(2) 322 Board may hear evidence for disciplinary matters In relation to a disciplinary matter, the Board may— (1) (a) receive as evidence any statement, document, informa­ tion, or matter that in its opinion may assist it to deal effectively with the subject of the disciplinary matter, whether or not it would be admissible in a court of law: receive evidence on oath (and for that purpose a member of the Board may administer an oath): permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath, statutory declaration, or other­ wise: appoint any persons as special advisers to assist the Board (for example, to advise on technical evidence).
(b) (c) (d) (2) A hearing before the Board on a disciplinary matter is a judi­ cial proceeding for the purposes of sections 108 and 109 of the Crimes Act 1961.
Compare: 2002 No 17 s 27 323 (1) Issuing of summons by Board The Board may issue a summons to a person requiring that person to attend a hearing before the Board and to do all or any of the following matters: give evidence: (a) give evidence under oath: (b) produce documents, things, or information, or any spe­ (c) ciﬁed documents, things, or information, in the posses­ 201 Part 4 s 324 Building Act 2004 Reprinted as at 24 August 2004 sion or control of that person that are relevant to the hearing.
(2) (3) (b) (c) The summons must be in writing, be signed by a member of the Board, and state— (a) the date and time when, and the place where, the person must attend; and the documents, things, or information that the person is required to bring and produce to the Board; and if a sum in respect of witnesses’ fees, allowances, and expenses is not paid at the time of the summons, the entitlement to be paid or tendered a sum at some rea­ sonable time before the hearing; and the penalty for failing to attend.
(d) The Board may require that any documents, things, or infor­ mation produced under this section be veriﬁed by oath, statu­ tory declaration, or otherwise.

Compare: 2002 No 17 s 29 324 Service of summons (1) A summons may be served— (a) (b) by delivering it personally to the person summoned; or by posting it to the person summoned at that person’s usual place of residence.
(2) A summons must,— (a) (b) if it is to be served under subsection (1)(a), be served at least 48 hours before the attendance of the witness is required: if it is to be served under subsection (1)(b), be served at least 10 days before the attendance of the witness is required.

(3) A summons that is posted is treated as having been served when it would have been delivered in the ordinary course of post.
Compare: 2002 No 17 s 30 325 Witnesses’ fees, allowances, and expenses (1) A witness appearing before the Board under a summons is entitled to be paid witnesses’ fees, allowances, and expenses 202 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 327 (2) in accordance with the scales prescribed by regulations under the Summary Proceedings Act 1957.
The person requiring attendance of the witness must pay or tender to the witness the fees, allowances, and expenses at the time the summons is served or at some other reasonable time before the hearing.
Compare: 2002 No 17 s 31 326 Failure to comply with summons (1) A person summoned under section 323 commits an offence if he or she, without sufﬁcient cause,— (a) (b) (c) fails to attend in accordance with the summons; or does not give evidence when required to do so; or does not give evidence under oath when required to do so; or does not answer any question that is lawfully asked by the Board; or does not provide any documents, things, or information that the summons requires the person to provide.
(d) (e) (2) A person who commits an offence under this section is liable to a ﬁne not exceeding $2,000.

(3) A person must not be convicted of an offence under this sec­ tion if witnesses’ fees, allowances, and expenses to which the person is entitled under section 325 have not been paid or ten­ dered to him or her.
Compare: 2002 No 17 s 32 327 Witness and counsel privileges (1) Every person who does the following things has the same priv­ ileges as witnesses have in a court: (a) provides documents, things, or information to the Board in relation to a disciplinary matter; or gives evidence or answers questions at a hearing of the Board in relation to a disciplinary matter.
(b) (2) Every counsel appearing before the Board in relation to a dis­ ciplinary matter has the same privileges and immunities as counsel in a court.
Compare: 2002 No 17 s 33 203 Part 4 s 328 Building Act 2004 Reprinted as at 24 August 2004 328 Enforcement of actions If the Board, acting in accordance with this Act and the rules in relation to a disciplinary matter, takes an action or other­ wise exercises any power in respect of a person who is or was a licensed building practitioner, that action or other exercise of any power has effect whether or not that person remains a licensed building practitioner.
Compare: 2002 No 17 s 34 329 Certiﬁcate of Board to be conclusive evidence A written certiﬁcate signed by any person authorised by the Board is for all purposes conclusive evidence, in the absence of proof to the contrary, of any act or proceeding of the Board.

Appeal from decisions 330 Right of appeal (1) A person may appeal to the Board against any decision of the Registrar to— (a) decline to license the person as a building practitioner; or suspend or cancel his or her licence.
(b) (2) A person may appeal to a District Court against any decision of the Board to take any action referred to in section 318.

331 Time in which appeal must be brought An appeal must be lodged— (a) within 20 working days after notice of the decision or action is communicated to the appellant; or (b) within any further time that the appeal authority allows on application made before or after the period expires.
332 Method of bringing appeal An appeal— (a) must be brought to the Board by notice in writing to the Board; or (b) must be brought to the District Court by way of notice of appeal in accordance with the rules of Court.
204 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 337 333 Notice of right of appeal When notifying a person under this Part of any decision or ac­ tion against which section 330 gives him or her a right of ap­ peal, the decision­maker must also notify the person in writing of the right of appeal and the time within which an appeal must be lodged.
334 Actions to have effect pending determination of appeal A decision or action against which an appeal is lodged under this subpart continues in force unless the appeal authority to which the appeal is brought orders otherwise.

Compare: 2002 No 17 s 36 335 Procedure on appeal (1) An appeal under this subpart must be heard as soon as is rea­ sonably practicable after it is lodged.

(2) An appeal under this subpart is by way of rehearing.
(3) On hearing the appeal, the appeal authority— (a) may conﬁrm, reverse, or modify the decision or action appealed against; and (b) may make any other decision or take any other action that the decision­maker could have made.

(4) The appeal authority must not review— (a) (b) Compare: 2002 No 17 s 37 any part of a decision or action not appealed against; or any decision or action not appealed against at all.
336 Appeal authority’s decision ﬁnal Except as provided in section 340, the decision of the appeal authority on an appeal under this subpart is ﬁnal.

337 Appeal authority may refer matter back for (1) reconsideration Instead of determining an appeal under this subpart, the appeal authority may direct the decision­maker to reconsider, either generally or in respect of any speciﬁed aspect, the whole or any part of the decision or action.
205 Part 4 s 338 Building Act 2004 Reprinted as at 24 August 2004 (2) (3) In giving a direction under subsection (1), the appeal author­ ity— (a) must state its reasons for the direction; and (b) may give any other directions it thinks just as to the matter referred back for reconsideration.

The decision­maker— (a) must reconsider the matter; and (b) in doing so, must— (i) take the appeal authority’s reasons into account; and give effect to the appeal authority’s directions.
(ii) 338 Orders as to costs On an appeal under this subpart, the appeal authority may order any party to the appeal to pay to any other party to the appeal any or all of the costs incurred by the other party in re­ spect of the appeal.

339 Orders as to publication of names (1) On an appeal under this subpart, the appeal authority may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a licensed building practitioner or any other person.
In deciding whether to make an order under subsection (1), the appeal authority must have regard to— (a) (2) the interests of any person (including, without limita­ tion, the privacy of any complainant); and the public interest.
(b) If the appeal authority prohibits the publication of the name or particulars of the affairs of a licensed building practitioner, the Registrar must remove the name or particulars of the affairs of that licensed building practitioner from the register in relation to the matter under appeal to the extent necessary to reﬂect the appeal authority’s prohibition on publication.
(3) 206 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 343 (2) 340 Appeal on question of law (1) A party to an appeal to the District Court under this subpart may appeal to the High Court against any determination of law arising in the appeal.

The appeal must be heard and determined in accordance with the appropriate rules of Court.
Part 4 of the Summary Proceedings Act 1957 (together with the other provisions of that Act that are applied in that Part) applies to the appeal— (a) so far as it is applicable and with all necessary modiﬁ­ cations; but only so far as it relates to appeals on questions of law.

(3) (b) Subsection (3) overrides subsection (2).

(4) Subpart 3—Building Practitioners Board Establishment of Board 341 Establishment of Board The Building Practitioners Board is established.
342 Capacity and powers (1) The Board has only the statutory powers conferred by this Act and any other Act.

The Board may exercise its powers only for the purpose of performing its functions.
(2) 343 Board’s functions The Board’s functions are— (a) to approve rules relating to licensed building practition­ ers that are prepared in accordance with this subpart; and to receive, investigate, and hear complaints about, and to inquire into the conduct of, and discipline, licensed building practitioners in accordance with subpart 2; and to hear appeals against certain decisions of the Registrar in accordance with subpart 2; and to review and report to the Minister on the perform­ ance of the functions and duties, and the exercise of the (b) (c) (d) 207 Part 4 s 344 Building Act 2004 Reprinted as at 24 August 2004 powers, of the Board under this Act in accordance with this subpart.
344 Composition of Board (1) The Board must have at least 6 members, but not more than 8 members.

(2) A member must be appointed by the Governor­General on the recommendation of the Minister.
345 Criteria for appointment (1) The Minister may recommend a person for appointment as a member of the Board only if, in the Minister’s opinion, the person is qualiﬁed for appointment— (a) having regard to the functions, duties, and powers of the Board; and because of that person’s knowledge, experience, or ex­ pertise.
(b) (2) The Minister may accept nominations for membership of the Board, but each member is appointed to undertake the func­ tions and duties of a member rather than to represent the inter­ ests of any person.

(3) One member of the Board must be a barrister or solicitor of at least 5 years’ standing.

346 Further provisions relating to Board and its members Schedule 3 applies to the Board and its members.
Reporting by Board 347 Obligation to prepare annual report The Board must prepare an annual report on its operations for each period ending with 30 June in each year.
348 Form and content of annual report (1) An annual report must contain the following information and reports in respect of the period to which it relates: (a) a report on operations, including the information that is necessary to enable an informed assessment to be made of the Board’s performance during the period; and 208 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 352 (b) the number of persons in each class of licence against whom the Board took disciplinary action during the period.
(2) An annual report must be in writing, dated, and signed on be­ half of the Board by 2 members.

349 Obligation for Board to provide annual report to Minister The Board must provide the annual report to the Minister as soon as practicable after 30 June in each year.
350 Board to publish reports As soon as practicable after giving the annual report to the Minister under section 349, the Board must— (a) publicly notify that the report has been given to the Min­ ister and where copies of the report may be inspected and purchased; and (b) make copies of the report available to the public at the place set out in the public notiﬁcation, on request, for inspection free of charge and for purchase at a reason­ able cost.
351 Annual reports to be presented to House of Representatives The Minister must present a copy of the annual report given to him or her under section 349 to the House of Representatives no later than 10 parliamentary working days after the date on which the Minister receives that report.

352 Power of Minister to require information relating to (1) affairs of Board The Board must supply to the Minister any information relat­ ing to the affairs of the Board that the Minister requests.
(2) However, a request may be refused if— (a) (b) withholding the information is necessary to protect the privacy of any person (including a deceased person); and there would, under the Ofﬁcial Information Act 1982, be good reason for withholding the information if— 209 Part 4 s 353 Building Act 2004 Reprinted as at 24 August 2004 (i) (ii) the request had been made under section 12 of that Act and section 9(2)(a) of that Act applied; and the need to protect the privacy of any person were not outweighed by the Minister’s need to have the information in order to discharge the Minister’s ministerial duties; and (c) the information relates to a particular matter in respect of which the Board or any person appointed or em­ ployed by the Board is required to act judicially.
Rules 353 Rules relating to licensed building practitioners (1) There must be made, and there must always be, rules contain­ ing the following minimum standards (LBP standards): (a) minimum standards of competence (including stan­ dards relating to knowledge and skills) that must be met for each class of licence; and (b) minimum standards for demonstrating current compe­ tence for each class of licence that must be met for con­ tinued licensing, and for the frequency at which assess­ ments of current competence must be carried out.
There must be made, and there must always be, rules that gov­ ern all of the following matters: (a) the information that must be provided by an applicant for a licence, and the way in which this information must be evaluated and decisions on the information must be made and implemented; and the information that must be provided by a licensed building practitioner to demonstrate his or her current competence, and the way in which this information must be evaluated and decisions on the information must be made and implemented; and the way in which a proposed cancellation or suspension of a licence (that does not relate to a disciplinary matter) is to be considered, decided on, and implemented, and any minimum and maximum periods for suspension.
(b) (c) The rules must be consistent with this Act.

Compare: 2002 No 17 s 40 (2) (3) 210 Reprinted as at 24 August 2004 Building Act 2004 Part 4 s 357 354 Chief executive to prepare proposed rules The chief executive must prepare proposed rules under section 353.
355 Particular requirements for preparation of rules containing LBP standards In preparing a rule containing LBP standards, the chief execu­ tive must— (a) ensure that the proposed rule is consistent with the pur­ poses of this Act; and consult with licensed building practitioners or any per­ sons whom the chief executive reasonably considers to be representative of licensed building practitioners or of other persons or classes of persons affected by the pro­ posed rule; and take into account international best practice and New Zealand’s international obligations.
(b) (c) Compare: 2002 No 17 s 41 (2) 356 Rules to be approved by Board (1) The chief executive must submit proposed rules for the ap­ proval of the Board.

The Board must, as soon as practicable after receiving a pro­ posed rule for approval, by written notice to the chief execu­ tive,— (a) (b) approve it; or decline to approve it.
357 Revision of rules If the Board declines to approve a proposed rule,— (a) the Board must indicate the grounds on which it de­ clines to approve it; and the Board must direct the chief executive to prepare and submit a revised proposed rule; and the chief executive must submit a revised proposed rule to the Board not later than 15 working days after the date on which approval was declined or any later date that the Board in any particular case may allow.
(b) (c) 211 Part 4 s 358 Building Act 2004 Reprinted as at 24 August 2004 358 Approval of revised rule (1) As soon as practicable after receiving a revised proposed rule, the Board must— (a) (b) approve the rule by written notice to the chief executive; or if the Board considers that the revised proposed rule requires further amendment,— (i) make any amendments to the rule that the Board considers necessary; and approve the rule (as amended) by written notice to the chief executive, which notice must be ac­ companied by a copy of the rule as approved.
(ii) (2) Before making an amendment to a rule under this section, the Board must— (a) advise the chief executive of the Board’s intention to do so; and give the chief executive a reasonable opportunity to make submissions on the matter; and consider those submissions.

(b) (c) 359 Requirements of sections 355 to 358 relate to amendments and revocations by Board The requirements of sections 355 to 358 that apply to making a rule apply also to an amendment or revocation of that rule.
360 Rules to be approved by Minister (1) The Board must submit the proposed rules for the approval of the Minister.

The Minister must, as soon as practicable after receiving a proposed rule for approval, by written notice to the Board,— (a) (b) approve it; or decline to approve it.

(2) 361 Rules made when approved by Minister The rules are made once they are approved by the Minister.
212 Reprinted as at 24 August 2004 362 Status of rules Building Act 2004 Part 5 s 363 The rules are deemed to be regulations for the purpose of the Regulations (Disallowance) Act 1989 but not for the purpose of the Acts and Regulations Publication Act 1989.
Part 5 Miscellaneous provisions Subpart 1—Other offences and criminal proceedings Offence relating to building control 362A Premises in respect of which duty arises under section 363 (1) This section applies to premises that— (a) are intended to be open to members of the public or are being used by members of the public; and comprise all or part of a building.
(b) For the purposes of subsection (1), premises may be intended to be open to members of the public— (a) whether or not members of the public are charged for their use (or, as the case may be, whether or not it is intended that members of the public are to be charged for their use); and (2) (b) whether or not members of the public will, regularly or from time to time, be excluded from them.

Section 362A was inserted, as from 14 April 2005, by section 22(1) Building Amendment Act 2005 (2005 No 31).
363 Protecting safety of members of public using premises open to public or intended for public use (1) A person who owns, occupies, or controls premises to which section 362A applies must not use, or permit the use of, any part of the premises that is affected by building work— (a) a building consent is required for the work; but no building consent has been granted for it; or if— (i) (ii) if a building consent has been granted for the work, but— (i) no code compliance certiﬁcate has been issued for the work; and (b) 213 Part 5 s 363A Building Act 2004 Reprinted as at 24 August 2004 (ii) no certiﬁcate for public use has been issued under section 363A for the part; or (c) if a building consent has been granted for the work, and a certiﬁcate for public use has been issued under section 363A for the part, but— (i) no code compliance certiﬁcate has been issued for the work; and the certiﬁcate for public use has been issued for the part subject to conditions that have not been complied with.
(ii) (2) For the purposes of subsection (1), a part of premises may be affected by building work— (a) whether or not the work has been completed; and (b) whether the work is being or has been done to or in, or involves or involved the building of,— (i) (ii) the part itself; or some other part of the building that the premises comprise or form part of.

(3) A person who fails to comply with subsection (1) commits an offence.
(4) A person who commits an offence under this section is liable to a ﬁne not exceeding $200,000 and, in the case of a continuing offence, to a further ﬁne not exceeding $20,000 for every day or part of a day during which the offence has continued.

Section 363 was substituted, as from 14 April 2005, by section 22(1) Building Amendment Act 2005 (2005 No 31).
363A Public use of premises may be allowed before issue of code compliance certiﬁcate in some circumstances (1) A person who owns, occupies, or controls premises to which section 362A applies may apply in the prescribed form to the territorial authority for a certiﬁcate for public use for the premises or a part of the premises if— (a) a building consent has been granted for building work affecting the premises or part; and no code compliance certiﬁcate has been issued for the work.
(b) The territorial authority may issue a certiﬁcate for public use for the premises or part if, and only if, satisﬁed on reasonable (2) 214 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 363B grounds that members of the public can use the premises or part (as the case may be) safely.

(3) A certiﬁcate for public use— (4) (a) must be in the prescribed form; and (b) may be issued subject to conditions.
The territorial authority must decide whether to issue the cer­ tiﬁcate— (a) within 20 working days after the authority receives an application for it; or (b) within any further period agreed between the applicant and the authority.

(5) Within the period stated in subsection (4), the territorial au­ thority may require the applicant to give it further reasonable information in respect of the application; and if it does so, the period is suspended until it receives the information.
(6) Nothing in this section relieves the owner of a building from the obligation imposed by section 92(1) to apply to a build­ ing consent authority for a code compliance certiﬁcate after all building work to be carried out under a building consent granted to the owner is completed.

Sections 363A to 363C were inserted, as from 14 April 2005, by section 22(1) Building Amendment Act 2005 (2005 No 31).
363B Application of section 363 to building work where consent (1) (2) granted, or work begun, before 31 March 2005 This section applies to building work if it affects premises to which section 362A applies, and— (a) a building consent was granted for it before 31 March 2005; or it began before 31 March 2005.

(b) Before 31 March 2010, section 363(1) does not apply to build­ ing work to which this section applies.
(3) On and after 31 March 2010, section 363(1) does not apply to building work to which this section applies if a certiﬁcate of acceptance has been issued for it under section 96(1) before 31 March 2010.

Sections 363A to 363C were inserted, as from 14 April 2005, by section 22(1) Building Amendment Act 2005 (2005 No 31).
215 Part 5 s 363C Building Act 2004 Reprinted as at 24 August 2004 363C Section 363 does not apply to building work commenced (1) (2) before commencement of Building Act 1991 Section 363(1) does not apply to building work commenced before 1 July 1992.

Subsection (1) applies whether the work was completed be­ fore, on, or after 1 July 1992.

Sections 363A to 363C were inserted, as from 14 April 2005, by section 22(1) Building Amendment Act 2005 (2005 No 31).
364 Offence for residential property developer to transfer household unit without code compliance certiﬁcate (1) A residential property developer commits an offence if the residential property developer does either or both of the fol­ lowing things before a code compliance certiﬁcate is issued in relation to a household unit: (a) (b) completes a sale of the household unit: allows a purchaser of the household unit to enter into possession of the household unit.
(2) Subsection (1) does not apply if the residential property de­ veloper and the purchaser of the household unit enter into a written agreement, in the prescribed form, that the residential property developer may do either or both of the things referred to in that subsection before a code compliance certiﬁcate is is­ sued in relation to the household unit concerned.

(3) A person who commits an offence under this section is liable (4) to a ﬁne not exceeding $200,000.
Subsection (1) does not apply if the contract for the sale and purchase of the household unit was entered into before 30 November 2004.

Subsection (4) was inserted, as from 14 April 2005, by section 23 Building Amendment Act 2005 (2005 No 31).
Offences relating to administration of Act 365 Offence to fail to comply with direction of authorised person (1) A person commits an offence if the person intentionally fails to comply with a direction given by a person who is authorised to give the direction by this Act or by the regulations.

216 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 369 (2) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 80(g) 366 Offence to impersonate building consent authority or regional authority, etc (1) A person commits an offence if the person impersonates— a building consent authority or regional authority; or an ofﬁcer or employee of a building consent authority or regional authority.

(a) (b) (2) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 80(h) 367 Offence to obstruct execution of powers under this Act (1) A person commits an offence if the person wilfully obstructs, hinders, or resists a person in the execution of powers con­ ferred on that person by this Act or by the regulations.

(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 80(j) Miscellaneous offences 368 Offence to remove or deface notices (1) A person commits an offence if the person— (a) (b) wilfully removes or defaces any notice published under this Act; or incites another person to do so.

(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
Compare: 1991 No 150 s 80(k) 369 Offence to make false or misleading statement (1) A person commits an offence if the person, in any communi­ cation, application, or document that is required to be made or given under this Act or by the regulations,— (a) knowingly makes a written or oral statement that is false or misleading in a material particular; or 217 Part 5 s 370 Building Act 2004 Reprinted as at 24 August 2004 (b) knowingly makes a material omission.
(2) A person who commits an offence under this section is liable to a ﬁne not exceeding $5,000.
370 Proceedings for infringement offences Interpretation In this section and sections 371 to 374,— infringement fee, in relation to an infringement offence, means the amount prescribed by regulations made under section 402 as the infringement fee for the offence infringement offence means an offence that is declared, by regulations made under section 402, to be an infringement of­ fence for the purposes of this Act.
371 Proceedings for infringement offences (1) A person who is alleged to have committed an infringement offence may either— (a) be proceeded against under the Summary Proceedings Act 1957; or be served with an infringement notice under section 372.
(b) (2) If an infringement notice has been issued under section 372, proceedings for the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section apply with all necessary modiﬁcations.
Issue of infringement notices 372 (1) An infringement notice may be served on a person if an en­ forcement ofﬁcer— (a) observes the person committing an infringement of­ fence; or has reasonable cause to believe that an infringement of­ fence is being or has been committed by that person.
(b) (2) An infringement notice may be served— (a) by an enforcement ofﬁcer (not necessarily the person who issued the notice) personally delivering it (or a 218 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 375 copy of it) to the person alleged to have committed the infringement offence; or by post addressed to the person’s last known place of residence or business.
(b) For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a person under subsection (2)(b) must be treated as having been served on that person when it was posted.
(3) 373 Form of infringement notices An infringement notice must be in the prescribed form and must contain the following particulars: (a) sufﬁcient particulars to inform the person served with the notice of the time, place, and nature of the alleged offence; and the amount of the infringement fee prescribed for the offence; and the time within which the infringement fee must be paid; and the address of the place at which the infringement fee must be paid; and a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and a statement of the person’s right to request a hearing; and a statement of what will happen if the person neither pays the infringement fee nor requests a hearing; and any other particulars that may be prescribed.
(b) (c) (d) (e) (f) (g) (h) 374 Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid to the relevant territorial authority.
Proceedings for offences generally 375 Prosecution of offences (1) Except as otherwise provided in this Act, all offences against this Act may be prosecuted, and all ﬁnes or sums of money imposed or declared to be due or owing by or under this Act 219 Part 5 s 376 Building Act 2004 Reprinted as at 24 August 2004 (2) may be sued for and recovered before a court of competent jurisdiction.
In this section, court of competent jurisdiction means a court having jurisdiction for punishment of offences of the same na­ ture or for the recovery of ﬁnes or sums of money of the rele­ vant amount.

Compare: 1991 No 150 s 85 376 Offences punishable on summary conviction Every offence against this Act is punishable on summary con­ viction.
377 Laying information Any of the following persons may lay an information for an offence against this Act: (a) (b) (c) (d) the chief executive; or a territorial authority; or a regional authority; or any person referred to in section 176(g).
378 Time limit for laying information Despite section 14 of the Summary Proceedings Act 1957, an information for an offence against this Act may be laid at any time within 6 months after the time when the matter giving rise to the information ﬁrst became known, or should have become known, to any of the following persons: (a) (b) (c) (d) Compare: 1991 No 150 s 80 the chief executive; or a territorial authority; or a regional authority; or any person referred to in section 176(g).
379 Offence under more than 1 enactment (1) A person who does any act or makes any default that consti­ tutes an offence against this Act and any other Act may be proceeded against and punished either under this Act or under that other Act.

220 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 381 (2) No one is liable to be punished under both this Act and under another Act in respect of the same act or default.
380 What constitutes continuing offence The continued existence of anything, or the intermittent rep­ etition of any action, contrary to any provision of this Act is taken to be a continuing offence.
381 District Court may grant injunctions for certain continuing breaches (b) (1) On the application of any person referred to in subsection (2), a District Court may grant an injunction or make some other appropriate order if it appears to the District Court that— (a) a person is committing or is about to commit a breach of section 40 or section 165; or a building is dangerous, earthquake prone, or insanitary in terms of subpart 6 of Part 2 and the territorial author­ ity has failed to take appropriate action; or a dam is dangerous in terms of subpart 7 of Part 2 and the regional authority has failed to take appropriate ac­ tion.
The persons are— (a) (b) (c) (d) the chief executive; or a territorial authority; or a regional authority; or any person referred to in section 176(g).
(3) An injunction may be granted, or an order may be made, under (2) (c) subsection (1)— (a) (b) even if proceedings for the offence constituted by the breach have not been taken; or if the person is convicted of that offence, either— (i) in the proceedings for the offence, in substitution for, or in addition to, any penalty imposed for the offence; or in subsequent proceedings.
(ii) Compare: 1991 No 150 s 81(1), (5) 221 Part 5 s 382 Building Act 2004 Reprinted as at 24 August 2004 382 Terms of injunction or order (1) An injunction may be granted, or an order may be made, under section 381— (a) restraining the person concerned from engaging in the conduct described in section 381(1)(a) or (b) or (c); or for the purpose of ensuring that the person does not en­ gage in that conduct.
(b) (2) (3) (4) The injunction may be granted and the order made on any other terms that the District Court considers appropriate.

In the case of a building that does not comply with the provi­ sions of the building code, the injunction or order may be is­ sued in respect of the owner of the building, whether or not the owner has committed an offence against section 40 or section 168, and without prejudice to the liability of any other person.
The District Court may, at any time, rescind or vary an injunc­ tion granted or order made under section 381.

Compare: 1991 No 150 s 81(3) 383 District Court may direct chief executive to make determination On an application under section 381(1), the District Court may direct the chief executive to make a determination under sub­ part 1 of Part 3 in respect of any matters that the Court speci­ ﬁes.
Compare: 1991 No 150 s 81(2) 384 District Court may grant interim injunctions (1) If an application is made to the District Court under section 381(1) for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the District Court may,— (a) if it is satisﬁed that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or if in the District Court’s opinion it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.
(b) 222 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 386 (2) Subsection (1) applies whether or not it appears to the District Court that the person intends to engage again, or to continue to engage, in conduct of the kind referred to in that subsection.
Compare: 1991 No 150 s 81(4) 385 Application of section 381 to Crown organisation (1) Despite section 17(1)(a) of the Crown Proceedings Act 1950,— (a) (b) the District Court may, under section 381, grant an in­ junction against a Crown organisation, but only in its own name; and for the purposes of imposing or enforcing an injunction referred to in paragraph (a), the Crown organisation, if not a body corporate, is to be treated as if it were a separate legal personality.
(2) If the District Court grants an injunction against a Crown or­ ganisation, the provisions of sections 381 to 384 apply with all necessary modiﬁcations.

Compare: 1991 No 150 s 81 386 Liability of principal for acts of agents (1) The consequence speciﬁed in subsection (2) applies if a person (person A) commits an offence against this Act while acting as an agent (including a contractor) or employee of another person (person B).
Person B is liable under this Act in the same manner and to the same extent as if person B had personally committed the offence.

The liability of person B under subsection (2) is without preju­ dice to the liability of person A.
(2) (3) (4) Despite subsection (2), if proceedings are brought under that subsection, it is a defence if the defendant proves,— (a) in the case of a natural person (including a partner in a ﬁrm), that— (i) he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or 223 Part 5 s 387 Building Act 2004 Reprinted as at 24 August 2004 (ii) he or she took all reasonable steps to prevent the commission of the offence; or (b) (c) in the case of a body corporate, that— (i) neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or the body corporate took all reasonable steps to prevent the commission of the offence; and in all cases, that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
(ii) (5) If a body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is guilty of the same offence if it is proved— (a) that the act that constituted the offence took place with that person’s authority, permission, or consent; and that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to pre­ vent or stop it.
(b) Compare: 1991 No 150 s 82A 387 Liability for acts of employees or agents of Crown (1) (2) organisations Section 386 does not apply if a person acting as agent or em­ ployee of a Crown organisation commits an offence under this Act.
If an offence referred to in section 6(1)(a) of the Crown Organisations (Criminal Liability) Act 2002 is committed by a person acting as the agent or employee of a Crown organisation, the Crown organisation must (without affecting the personal liability of the agent or employee) be treated for all legal purposes as having committed that offence.
(3) Despite subsection (2), if proceedings for an offence referred to in section 6(1)(a) of the Crown Organisations (Criminal Liability) Act 2002 are brought against a Crown organisation 224 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 388 (b) (ii) in reliance on subsection (2), it is a good defence if the Crown organisation proves that— (a) the organisation took all reasonable steps to remedy any effects of the act or omission constituting the offence; and either— (i) no person involved in the management of the or­ ganisation knew or could reasonably be expected to have known that the offence was to be or was being committed; or the organisation took all reasonable steps to pre­ vent the commission of the offence.
If a Crown organisation is convicted of an offence against this Act, the chief executive or principal ofﬁcer (however de­ scribed) of the organisation and every person concerned in the management of the organisation is guilty of the same offence if it is proved— (a) that the act that constituted the offence took place with that person’s authority, permission, or consent; and that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to pre­ vent or stop it.
(b) Compare: 1991 No 150 s 82 (4) 388 Strict liability and defences (1) (2) Except as otherwise provided in this Act, in a prosecution for an offence of contravening or permitting a contravention of this Act, it is not necessary to prove that the defendant intended to commit the offence.
It is a defence in any prosecution that is referred to in subsec­ tion (1) if the defendant proves— (a) that all of the following circumstances apply: (i) the action or event to which the prosecution re­ lates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property; and the conduct of the defendant was reasonable in the circumstances; and (ii) 225 Part 5 s 389 Building Act 2004 Reprinted as at 24 August 2004 (iii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or (b) that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabo­ tage, and in each case— (i) the action or event could not reasonably have been foreseen or been provided against by the de­ fendant; and the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
Compare: 1991 No 150 s 83 (ii) 389 Fines to be paid to territorial authority or regional authority instituting prosecution (1) A court must order that a ﬁne imposed on any person in rela­ tion to the person’s conviction for an offence under this Act be paid to the territorial authority or, as the case may be, the regional authority that laid the information for that offence.
(2) However, an amount equal to 10% of every amount payable to the territorial authority or the regional authority under subsec­ tion (1) must be credited to a Crown Bank Account nominated by the Minister of Finance for the purposes of this subsection.
If any money awarded by a court in respect of loss or damage is recovered as a ﬁne, and that ﬁne is ordered to be paid to a territorial authority or a regional authority under subsection (1), no deduction is to be made under subsection (2) in respect of that money.
(3) (4) An order of the court made under subsection (1) is sufﬁcient authority for the Registrar receiving payment of the ﬁne to— pay 10% of the ﬁne to the Crown in accordance with (a) subsection (2); and pay the balance of the ﬁne to the territorial authority or the regional authority entitled to it under the order.

(b) (5) Nothing in section 73 of the Public Finance Act 1989 applies to a ﬁne ordered to be paid to a territorial authority or a regional authority under subsection (1).
226 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 391 (6) To avoid doubt, this section does not apply if the information for the offence has been laid by a person other than a territorial authority or a regional authority.
Compare: 1991 No 150 s 84 Subpart 2—Civil proceedings and defences 390 Civil proceedings may not be brought against chief (1) executive, employees, etc This section applies to— (a) (b) (c) the chief executive; and any employee or agent of the chief executive; and any person engaged by the chief executive under sec­ tion 187 to assist the chief executive in relation to an application for a determination: and any member, employee, or agent of a territorial author­ ity or regional authority; and any member of a committee appointed by the chief ex­ ecutive, a territorial authority, or a regional authority.
(d) (e) (2) No civil proceedings may be brought against a person to whom this section applies for any act done or omitted to be done by that person in good faith under this Act.

Compare: 1991 No 150 s 89 391 Civil proceedings against building consent authorities Any civil proceedings against a building consent authority in respect of the performance of its statutory function in issuing a building consent or a code compliance certiﬁcate must be brought in tort and not in contract.
Compare: 1991 No 150 s 90 The heading to section 391 was amended, as from 14 April 2005, by section 16(2)(r) Building Amendment Act 2005 (2005 No 31) by omitting the words “or regional authorities”.

Section 391 was amended, as from 14 April 2005, by section 16(2)(o) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or a regional authority”.
227 Part 5 s 392 Building Act 2004 Reprinted as at 24 August 2004 392 Building consent authority not liable (1) No civil proceedings may be brought against a building con­ sent authority for anything done or omitted to be done in good faith in reliance on any of the following documents: (a) (b) a compliance document: a determination made by the chief executive under sub­ part 1 of Part 3: a current product certiﬁcate issued under subpart 7 of Part 3: a code compliance certiﬁcate issued under section 95: a certiﬁcate issued under any regulations made under the Electricity Act 1992 or the Gas Act 1992.
(c) (d) (e) Subsection (3) applies if— (a) (b) a building consent has been issued under section 72; and the building consent authority has given a notiﬁcation under section 73; and the building consent authority has not given a notiﬁca­ tion under section 74(4) that it has determined that the entry made on the certiﬁcate of title of the land is no longer required; and the building to which the building consent relates suf­ fers damage arising directly or indirectly from a natural hazard.
(c) (d) The persons speciﬁed in subsection (4) are not liable in any civil proceedings brought by any person who has an interest in the building referred to in subsection (2) on the grounds that the building consent authority issued a building consent for the building in the knowledge that the building for which the consent was issued, or the land on which the building was situated, was, or was likely to be, subject to damage arising, directly or indirectly, from a natural hazard.
The persons are— (a) (b) the building consent authority concerned; and every member, employee, or agent of that building con­ sent authority .

Compare: 1991 No 150 s 36(4) The heading to section 392 was amended, as from 14 April 2005, by section 16(2)(s) Building Amendment Act 2005 (2005 No 31) by omitting the words “or regional authority”.
(2) (3) (4) 228 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 393 Subsection (1) was amended, as from 14 April 2005, by section 16(2)(o) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or a regional authority”.

Subsection (2)(b) was amended, as from 14 April 2005, by section 16(2)(q) Building Amendment Act 2005 (2005 No 31) by omitting the words “or regional authority”.
Subsection (2)(c) was amended, as from 14 April 2005, by section 16(2)(q) Building Amendment Act 2005 (2005 No 31) by omitting the words “or regional authority”.

Subsection (3) was amended, as from 14 April 2005, by section 16(2)(p) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or regional authority”.

Subsection (4)(a) was amended, as from 14 April 2005, by section 16(2)(p) Building Amendment Act 2005 (2005 No 31) by omitting the words “or regional authority”.
Subsection (4)(b) was amended, as from 14 April 2005, by section 16(2)(p) Building Amendment Act 2005 (2005 No 31) by omitting the words “or regional authority”.
393 Limitation defences (1) The provisions of the Limitation Act 1950 apply to civil pro­ ceedings against any person if those proceedings arise from— building work associated with the design, construction, (a) alteration, demolition, or removal of any building; or the performance of a function under this Act or a pre­ vious enactment relating to the construction, alteration, demolition, or removal of the building.
(b) (2) However, civil proceedings relating to building work may not be brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based.
For the purposes of subsection (2), the date of the act or omis­ sion is,— (a) (3) in the case of civil proceedings that are brought against a territorial authority, a building consent authority, a re­ gional authority, or the chief executive in relation to the issue of a building consent or a code compliance cer­ tiﬁcate under Part 2 or a determination under Part 3, the date of issue of the consent, certiﬁcate, or determin­ ation, as the case may be; and 229 Part 5 s 394 Building Act 2004 Reprinted as at 24 August 2004 (b) in the case of civil proceedings that are brought against a person in relation to the issue of an energy work cer­ tiﬁcate, the date of the issue of the certiﬁcate.
Compare: 1991 No 150 s 91 Subpart 3—Miscellaneous Service of notices (c) 394 Service of notices (1) Any notice or other document required to be served on, or given to, any person under this Act is sufﬁciently served if it is— (a) (b) delivered personally to the person; or delivered to the person at the person’s usual or last known place of residence or business; or sent by fax or email to the person’s fax number or email address; or posted in a letter addressed to the person at the person’s usual or last known place of residence or business.
If a notice or other document is to be served on a body (whether incorporated or not), service on an ofﬁcer of the body in ac­ cordance with subsection (1) is taken to be service on the body.

If a notice or other document is to be served on a partnership, service on any one of the partners in accordance with subsec­ tion (1) or subsection (2) is taken to be service on the partner­ ship.
(2) (3) (d) (4) Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served— (a) by delivering it personally to an employee of the organ­ isation at its head ofﬁce or principal place of business; or by delivering it at the organisation’s head ofﬁce or prin­ cipal place of business, including by fax; or in accordance with a method agreed between the infor­ mant and the organisation.
(b) (c) (5) A notice or other document sent by post to a person in accord­ ance with subsection (1)(d) must be treated as having been re­ 230 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 397 ceived by that person at the time at which the letter would have been delivered in the ordinary course of post.
Compare: 1991 No 150 s 87 395 Notices in relation to Maori land Part 10 of Te Ture Whenua Maori Act 1993 applies to the service of notices under this Act on owners of Maori land, except that the period ﬁxed for anything to be done by the owners must not be extended by more than 14 working days under section 181(4) of that Act, unless otherwise provided by the territorial authority or the regional authority concerned.
Compare: 1991 No 150 s 88 Implied terms of contracts 396 Application of sections 397 to 399 Sections 397 to 399 apply— (1) (a) to a contract entered into, on or after the commencement of this Act, that provides for— (i) building work to be carried out under the contract in relation to 1 or more household units; or the sale of 1 or more household units by, or on behalf of, a residential property developer; and (ii) (2) 397 (b) despite any provision to the contrary in any agreement or contract.
For the purposes of this section, sections 397 to 399 must be read as if a contract referred to in subsection (1)(a)(ii) were a contract that provides for building work to be carried out (either before or after the contract is entered into) in relation to the household unit or, as the case may be, the household units being sold under the contract.
Implied warranties for building work in relation to household units Despite any enactment or rule of law, in every contract to which this section applies, the following warranties about building work to be carried out under the contract are implied and are taken to form part of the contract: (a) that the building work will be carried out— 231 Part 5 s 398 Building Act 2004 Reprinted as at 24 August 2004 (b) (c) (d) (e) (f) (i) (ii) in a proper and competent manner; and in accordance with the plans and speciﬁcations set out in the contract; and (iii) in accordance with the relevant building consent: that all materials to be supplied for use in the building work— (i) will be suitable for the purpose for which they will be used; and unless otherwise stated in the contract, will be new: (ii) that the building work will be carried out in accordance with, and will comply with, all laws and legal require­ ments, including, without limitation, this Act and the regulations: that the building work will— (i) (ii) be carried out with reasonable care and skill; and be completed by the date (or within the period) speciﬁed in the contract or, if no date or period is so speciﬁed, within a reasonable time: that the household unit, if it is to be occupied on com­ pletion of building work, will be suitable for occupation on completion of that building work: if the contract states the particular purpose for which the building work is required, or the result that the owner wishes the building work to achieve, so as to show that the owner relies on the skill and judgement of the other party to the contract, that the building work and any materials used in carrying out the building work will— (i) (ii) be reasonably ﬁt for that purpose; or be of such a nature and quality that they might reasonably be expected to achieve that result.
398 Proceedings for breach of warranties may be taken by person who was not party to contract for building work (1) An owner of the building or land in respect of which building work was carried out under a contract to which this section applies may take proceedings for a breach of any of the war­ ranties set out in section 397 as if the owner were a party to the contract.
232 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 400 (2) In this section, proceedings includes— (a) adjudication under the Construction Contracts Act 2002; and a claim under the Weathertight Homes Resolution Services Act 2006.

(b) Subsection (2)(b) was amended, as from 1 April 2007, by section 127(1)(a) Weathertight Homes Resolution Services Act 2006 (2006 No 84) by substituting “2006” for “2002”.

See sections 128 to 160 of that Act for the transitional provisions.
See clause 2 Weathertight Homes Resolution Services Act 2006 Commencement Order 2007 (SR 2007/21).
399 Person may not give away beneﬁt of warranties A provision of an agreement or instrument that purports to restrict or remove the right of a person to take proceedings for a breach of any of the warranties set out in section 397 is of no effect in so far as the provision relates to a breach other than a breach that was known, or ought reasonably to have been known, by the person to exist at the time the agreement or instrument was executed.
Regulations 400 Regulations: building code (1) The Governor­General may, by Order in Council made on the recommendation of the Minister, make regulations, to be called the building code, that prescribe— (a) (b) functional requirements for buildings; and the performance criteria that buildings must comply with in their intended use.
(2) Any regulations made under subsection (1) may prescribe that the functional requirements for buildings and the performance criteria with which buildings must comply in their intended use apply— (a) generally throughout New Zealand or in particular re­ gions of New Zealand only; and generally over a range of circumstances or in particular circumstances only.
(b) Compare: 1991 No 150 s 48(1) 233 Part 5 s 401 Building Act 2004 Reprinted as at 24 August 2004 401 Regulations: acceptable solutions, veriﬁcations, etc, that must be complied with in order to comply with building code The Governor­General may, by Order in Council made on the recommendation of the Minister, make regulations that pre­ scribe— (a) (1) acceptable solutions or veriﬁcation methods, or both, that must be used to comply with the building code; and the particular circumstances in which those acceptable solutions or veriﬁcation methods, or both, must be used; and the circumstances in which building methods or prod­ ucts that have a current product certiﬁcate issued under section 269 must be used.
(2) Any regulations made under subsection (1) must state whether those regulations apply to building work for which a building consent has been issued, but for which a code compliance cer­ tiﬁcate has not been issued.
402 Regulations: general (1) The Governor­General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: Building levy: prescribing the rate of the levy to be paid under section 53: providing for the method by which the levy will be cal­ culated: providing for the payment and collection of the levy: Licensing: prescribing the fees or charges payable in respect of the performance of the Registrar’s functions under Part 4, including the fees and charges for— (i) an application to be licensed as a building prac­ titioner; and the issue of that licence; and the renewal of that licence: (b) (c) (a) (b) (c) (d) (ii) (iii) 234 Reprinted as at 24 August 2004 (e) (f) (g) Building Act 2004 Part 5 s 402 providing for the following matters relating to the levy payable by licensed building practitioners under section 303 for, or in connection with, the costs of the operation and administration of the Board: (i) different levies for different classes of licensed building practitioners; and the amount of the levy; and the method by which the levy will be calculated; and the criteria and other requirements by and against which the levy will be set or reset; and the payment and collection of the levy; and exempting any licensed building practitioners or any class of licensed building practitioners from paying the levy; and (ii) (iii) (iv) (v) (vi) (vii) waivers and refunds of the whole or any part of the levy; and (viii) any other matters necessary or
 desirable to set, calculate, administer, collect, and enforce the levy: specifying— (i) the information that must be provided by persons who make complaints against a licensed building practitioner or a former licensed building practi­ tioner; and the way in which that information must be eval­ uated; and the way in which decisions on whether or not to proceed with the complaint must be made and implemented: (ii) (iii) prescribing procedures, requirements, and other mat­ ters, not inconsistent with this Act,
 for the register of licensed building practitioners established and main­ tained under section 298, including matters that relate to— (i) (ii) (iii) the operation of the register: access to the register: the location of, and hours of access to, the regis­ ter: 235 Part 5 s 402 Building Act 2004 Reprinted as at 24 August 2004 (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) search criteria for the register: (iv) prescribing the way in which a disciplinary matter must be considered and decided on by the Board, and the way in which decisions on that matter must be implemented: prescribing the manner in which rules are to be made, amended, or revoked, including the requirements for consultation with persons affected by the proposed rules: General matters: prescribing procedures for regulating and controlling the construction, maintenance, and demolition of build­ ings: prescribing the form or content of applications, or any other documentation or information required under this Act: prescribing information to be provided to the chief ex­ ecutive by— (i) territorial authorities and building consent au­ thorities in relation to buildings and building work; and regional authorities and owners of dams in rela­ tion to dams: (ii) prescribing time limits for the purposes of this Act: prescribing building work that amounts to restricted building work: prescribing systems that amount to speciﬁed systems for the purposes of this Act: deﬁning moderate earthquake for the
 purposes of sec­ tions 122 and 153: deﬁning moderate ﬂood for the purposes of section 153: prescribing the minimum terms and conditions of an insurance policy for the purposes of section 192(2)(a): providing for the approval of schemes of insurance for the purposes of section 192(2)(b): prescribing the criteria and standards that an applicant must meet to be accredited as— (i) a building consent authority; or (ii) a dam owner; or (iii) 236 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 403 (u) (v)
 (w) (x) (y) (z) (za) a product certiﬁcation body: (iv) prescribing the criteria and standards that a product certiﬁcation body must apply in determining applica­ tions for a product certiﬁcate under section 269 (which must include, without limitation, criteria and standards about the effects on human health of particular building methods or products): determining or ﬁxing scales of charges or other criteria for the purpose of ﬁxing charges by the chief executive under Part 3: providing for matters for which fees are payable under this Act and the amount of those fees: specifying criteria and standards that a dam owner must apply in— (i) (ii) specifying infringement offences for the purposes of this Act: setting the infringement fee for each infringement of­ fence (which may not exceed $20,000): prescribing the forms that must be used for issuing an infringement notice: classifying dams; or preparing a dam safety assurance programme: (2) (zb) prescribing, for the purposes of section 364(2), the form and content of the written agreement referred to in that subsection: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
(zc) The fees and charges prescribed under subsection (1)(d) must be reasonable, having regard to the need to recover the costs incurred by the Registrar in performing his or her functions under this Act.

Compare: 1991 No 150 s 48(2) Subsection (1)(t)(ii) was repealed, as from 14 April 2005, by section 20(2) Building Amendment Act 2005 (2005 No 31).
403 Consultation requirements for making regulations (1) This section applies to— 237 Part 5 s 404 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) an Order in Council proposed to be made under section 285; or regulations proposed to be made under section 400 or section 401.
(2) (3) (4) Before making a recommendation for the making of an Order in Council or regulations under those sections, the Minister must be satisﬁed that the chief executive has consulted in ac­ cordance with subsections (3) and (4).
The chief executive must— (a) do everything reasonably practicable on his or her part to consult with the persons or organisations that appear to the chief executive to be representative of the inter­ ests of persons likely to be substantially affected by the making of the relevant Order in Council or regulations; and advise the Minister of the results of that consultation.
(b) The process for consultation should, to the extent practicable in the circumstances, include— (a) giving adequate and appropriate notice of the intention to make the Order in Council or regulations; and giving a reasonable opportunity for interested persons to make submissions; and adequate and appropriate consideration of submissions.

(5) A failure to comply with this section does not affect the valid­ (b) (c) ity of any Order in Council or regulations made.
Compare: 1991 No 150 s 48(4) 404 Certain regulations must not come into force earlier than speciﬁed date Any regulations made under section 402(1)(n) must not come into force earlier than the date on which sections 45(1)(e) and 45(2) to 45(4) and 84 to 89 come into force.
238 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 406 Incorporation of material by reference 405 (1) Incorporation of material by reference into regulations and compliance document The following material may be incorporated by reference into any regulations or compliance document (instruments) made or issued under this Act: (a) standards, requirements, or recommended practices of national or international organisations: any other written material that, in the opinion of the Minister or, as appropriate, the chief executive, is too large or is impractical to include in, or print as part of, the instrument concerned.
(b) (2) Material may be incorporated by reference in an instrument— in whole or in part; and (a) (b) with modiﬁcations, additions, or variations speciﬁed in (3) the instrument.

The incorporated material— (a) is the material as it exists at the time that the instrument is made or issued; and forms part of the instrument for all purposes and has legal effect accordingly.
(b) 406 Effect of amendments to, or replacement of, material incorporated by reference An amendment to, or replacement of, material incorporated by reference in an instrument has legal effect as part of the instrument only if— (a) the amendment or replacement material is made by the person or organisation originating the incorporated ma­ terial; and the amendment or replacement material is of the same general character as the material amended or replaced; and either,— (i) in the case of material incorporated in regula­ tions, regulations are made that state that the par­ ticular amendment or replacement has that effect; or (b) (c) 239 Part 5 s 407 Building Act 2004 Reprinted as at 24 August 2004 (ii) in the case of material incorporated in a compli­ ance document, the chief executive, by notice in the Gazette, adopts the amendment or replace­ ment.
407 Proof of material incorporated by reference (1) A copy of material incorporated by reference in an instrument, including any amendment to, or replacement of, the material (material), must be— (a) certiﬁed as a correct copy of the material by the Minister or, as appropriate, the chief executive; and retained by the Minister or, as appropriate, the chief executive.
(b) (2) The production in proceedings of a certiﬁed copy of the ma­ terial is, in the absence of evidence to the contrary, sufﬁcient evidence of the incorporation in the instrument of the material.
408 Effect of expiry of material incorporated by reference Material incorporated by reference in an instrument that ex­ pires or that is revoked or that ceases to have effect ceases to have legal effect as part of the instrument only if the Minister or, as appropriate, the chief executive, by notice in the Gazette, states that the material ceases to have legal effect.
409 Requirement to consult This section applies if— (1) (a) the Minister proposes to make a recommendation for— regulations to be made under this Act that incorp­ (i) orate material by reference; or regulations under section 406(c)(i) that state that an amendment to, or replacement of, material in­ corporated by reference in regulations has legal effect as part of the regulations; or (ii) the chief executive proposes to— (i) issue a compliance document that incorporates material by reference; or publish, under section 406(c)(ii), a notice in the Gazette that adopts an amendment to, or replace­ (ii) (b) 240 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 409 (2) ment of, material incorporated by reference in a compliance document.
Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the chief executive must— (a) make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replace­ ment of, material incorporated by reference (proposed material) available for inspection during working hours for a reasonable period, free of charge, at the Ministry’s ofﬁce in Wellington; and (b) make copies of the proposed material available for pur­ chase at a reasonable price at the Ministry’s ofﬁce in Wellington; and (c) give notice in the Gazette stating that— (i) (d) the proposed material is available for inspection during working hours, free of charge, the place at which it can be inspected, and the period during which it can be inspected; and copies of the proposed material can be purchased and the place at which they can be purchased; and (iii) (ii) (e) (f) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and consider any comments they make.
(2A) Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the chief executive— (a) may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and (b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and details of where or how it can be accessed or obtained.
(3) The reference in subsections (2) and (2A) to the proposed ma­ terial includes, if the material is not in an ofﬁcial New Zealand 241 Part 5 s 410 Building Act 2004 Reprinted as at 24 August 2004 language, an accurate translation in an ofﬁcial New Zealand language of the material.

(4) A failure to comply with this section does not invalidate an instrument that incorporates material by reference.
Subsection (2)(c) was repealed, as from 14 April 2005, by section 24(1)(a) Building Amendment Act 2005 (2005 No 31).

Subsection (2)(d)(iii) was repealed, as from 14 April 2005, by section 24(1)(b) Building Amendment Act 2005 (2005 No 31).

Subsection (2A) was inserted, as from 14 April 2005, by section 24(2) Building Amendment Act 2005 (2005 No 31).
Subsection (3) was amended, as from 14 April 2005, by section 24(3) Building Amendment Act 2005 (2005 No 31) by substituting the words “subsections (2) and (2A)” for the expression “subsection (2)”.
410 Access to material incorporated by reference (1) The chief executive— (a) must make the material referred to in subsection (2) (material) available for inspection during working hours free of charge at the Ministry’s ofﬁce in Welling­ ton; and (b) must make copies of the material available for purchase at a reasonable price at all of the Ministry’s ofﬁces; and (c) must make so much of the material as relates to the fol­ lowing matters available for inspection during working hours, free of charge, at all of the Ministry’s ofﬁces: (i) the use of timber, concrete, concrete masonry, glass, and plaster coating in the construction of buildings; and the design of buildings using timber, concrete, concrete masonry, and steel; and plumbing installation; and access for persons with disabilities; and energy efﬁciency in buildings; and (d) may make copies of the material available in any other way that the chief executive considers appropriate in the circumstances (for example, on an Internet website); and (iii) (iv) (v) (ii) (e) must give notice in the Gazette stating that— (i) the material is incorporated in an instrument and the date on which the instrument was made; and 242 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 411 (ii) (iii) (iv) (v) the material is available for inspection during working hours, free of charge, at the Ministry’s ofﬁce in Wellington and the location of that of­ ﬁce; and copies of the material can be purchased at all of the Ministry’s ofﬁces and the location of those ofﬁces; and the material referred to in paragraph (c) is avail­ able for inspection during working hours, free of charge, at all of the Ministry’s ofﬁces and the lo­ cation of those ofﬁces; and if copies of the material are made available under paragraph (d), the material is available in other ways and details of where or how it can be ac­ cessed or obtained.
(1A) Subsection (1)(c) does not apply to any material that relates only to product standards or product testing standards.
The material is— (a) material incorporated by reference in an instrument: (b) (2) any amendment to, or replacement of, that material that is incorporated in the instrument or the material referred to in paragraph (a) with the amendments or replacement material incorporated: if the material referred to in paragraph (a) or paragraph (b) is not in an ofﬁcial New Zealand language, as well as the material itself, an accurate translation in an ofﬁcial New Zealand language of the material.
(c) (3) A failure to comply with this section does not invalidate an instrument that incorporates material by reference.

Subsection (1) was substituted, as from 14 April 2005, by section 25 Building Amendment Act 2005 (2005 No 31).

Subsection (1A) was inserted, as from 14 April 2005, by section 25 Building Amendment Act 2005 (2005 No 31).
411 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in an instrument or to an amendment to, or replacement of, that material.
243 Part 5 s 412 Building Act 2004 Reprinted as at 24 August 2004 412 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference (1) Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in an instrument made or issued under this Act to be laid before the House of Representatives.
The Regulations (Disallowance) Act 1989, apart from the modiﬁcation to the application of section 4 of that Act made by subsection (1), applies to an instrument made or issued under this Act that incorporates material by reference.

(2) 413 Application of Standards Act 1988 not affected Sections 405 to 412 do not affect the application of sections 22 to 25 of the Standards Act 1988.
Amendments and repeal 414 Amendments to other enactments The enactments speciﬁed in Schedule 4 are amended in the manner indicated in that schedule.

415 Repeal (1) (2) Despite the repeal of the Building Act 1991 by subsection The Building Act 1991 is repealed.
(1),— (a) (b) the Building Regulations 1992 (SR 1992/150) continue in force as if they had been made under this Act and may be amended or revoked accordingly; and the Building Industry Authority Levy Order 1995 (SR 1995/241) continues in force— (i) as if it had been made under this Act and may be amended or revoked accordingly; and until the commencement of the ﬁrst Order in Council that prescribes the rate of the building levy under section 53.
(ii) 244 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 416 Subpart 4—Transitional provisions Outline of transitional provisions 416 Outline of transitional provisions (1) The general scheme and effect of the transitional provisions is as follows: (a) on 30 November 2004,— (i) (ii) the Authority is dissolved; and the regulation­making powers in the Act, and its transitional provisions relating to the dissolution of the Authority, come into force; and the provisions setting out the functions of the chief executive under the Act come into force; and the obligation of territorial authorities to adopt a policy on dangerous, earthquake­prone, and in­ sanitary buildings comes into force; and the licensing regime for building practitioners comes into force; and the obligation of the chief executive to review the building code comes into force; and (iii) (iv) (v) (vi) (b) (c) (d) (e) between 30 November 2004 and 31 March 2005, the chief executive must perform the functions and duties, and exercise the powers, of the Authority under the Building Act 1991; and on 31 March 2005,— (i) the rest of this Act (except some provisions) comes into force; and the Building Act 1991 is repealed; and the building control provisions of the Act (for ex­ ample, the provisions relating to building con­ sents, code compliance certiﬁcates, and compli­ ance schedules) come into force; and (ii) (iii) between 30 November 2004 and 31 May 2006, persons who held an approval as a building certiﬁer under the former Act may apply to be
 registered as a building consent authority under section 191; and between 30 November 2004 and 31 May 2006, territor­ ial authorities and regional authorities must apply to be registered under section 191; and 245 Part 5 s 417 Building Act 2004 Reprinted as at 24 August 2004 (f) (g) on and after 30 November 2007, only building consent authorities that are registered under section 191 may perform functions relating to building control; and on 30 November 2009,— (i) the requirement that restricted building work must be carried out or supervised by a licensed building practitioner comes into force; and the transitional period ends.
(ii) (2) This section is a guide only to the general scheme and effect of these provisions.

Subsection (1)(f) was amended, as from 14 April 2005, by section 3(8) Build­ ing Amendment Act 2005 (2005 No 31) by omitting the words “or territorial authorities”.

No compensation for loss of ofﬁce 417 No compensation for loss of ofﬁce The Crown is not liable to make a payment to, or otherwise compensate, any person in respect of the person ceasing to hold any ofﬁce established by or under the former Act.
Dissolution of Authority 418 Authority dissolved The Authority is dissolved.

419 Assets and liabilities vest in Crown All rights, assets, liabilities, and debts that the Authority had immediately before the commencement of this section must be treated as the rights, assets, liabilities, and debts of the Crown on that commencement.
420 Protection from civil liability for members, building referees, and employees of Authority continued (1) Despite the repeal of the former Act and the dissolution of the Authority, no civil proceedings may be brought against any of its members, building referees, or employees for any act done or omitted to be done by that person in good faith under the former Act.
Subsection (1)— (2) 246 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 422 (a) (b) is for the avoidance of doubt; and does not limit the provisions of the Interpretation Act 1999.
421 Restriction of compensation for technical redundancy (1) An employee of the Authority is not entitled to receive any payment or other beneﬁt on the ground that his or her position in the Authority has ceased to exist if— (a) the position ceases to exist as a result of the dissolution of the Authority; and in connection with that dissolution,— (i) the employee is offered equivalent employment in the Ministry (whether or not the employee ac­ cepts the offer); or the employee is offered, and accepts, other em­ ployment in the Ministry.
(ii) (b) (2) In this section, equivalent employment is employment in the Ministry— (a) (b) (c) in substantially the same position; and in the same general locality; and on terms and conditions of employment that are no less favourable than those that apply to the employee im­ mediately before the offer of equivalent employment (including any service­related, redundancy, and super­ annuation conditions); and on terms that treat the period of service with the Au­ thority (and any other period of service recognised by the Authority as continuous service) as if it were con­ tinuous service with the Ministry.
(d) Compare: 1988 No 20 s 30E 422 Reappointment of employee of Authority to Ministry Sections 60 to 61B and 65 of the State Sector Act 1988 do not apply to the appointment of an employee of the Authority to a position in the Ministry if the employee’s position in the Authority ceases to exist as a result of the dissolution of the Authority.
Compare: 1988 No 20 s 30F 247 Part 5 s 423 Building Act 2004 Reprinted as at 24 August 2004 423 Final reports and accounts (1) As soon as is practicable after the commencement of this Part, the Authority must arrange for the ﬁnal report of the Authority to be delivered to the Minister.
The report must— (a) (2) (b) describe the Authority’s operations for the ﬁnancial year commencing immediately before the commence­ ment of this section; and include— (i) ﬁnancial statements of the Authority prepared, in accordance with Part 5 of the Public Finance Act 1989, for that ﬁnancial year; and an audit report prepared by the Auditor­General and a management statement relating to those ﬁ­ nancial statements.
(ii) (3) The Minister must present a copy of the report delivered to the Minister under this section to the House of Representatives under section 44A of the Public Finance Act 1989.
424 References to Authority (1) Unless the context otherwise requires, every reference to the Authority in any enactment, agreement, deed, instrument, ap­ plication, notice, or other document in force immediately be­ fore the commencement of this section must, on and after that commencement, be read with all necessary modiﬁcations as a reference to the chief executive.
To avoid doubt, on and after the commencement of this sec­ tion,— (a) (2) a reference to the Authority in the Building Act 1991 must be read as a reference to the chief executive; and the Building Act 1991 must be read with all necessary modiﬁcations to enable the chief executive to perform the functions and duties, and exercise the powers, of the Authority until the repeal of that Act under section 415.
(b) 425 Proceedings of Authority Any proceedings to which the Authority is, or becomes, a party (whether before or after the commencement of this section) 248 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 429 may be commenced, continued, completed, and enforced by or against the Crown.

426 Validation of levy Validations All money received by the Authority from levies imposed under Part 3A of the former Act must be taken to be and always to have been lawfully imposed and collected.
427 Validation of past expenditure of levy Despite section 23K(3) of the former Act, all applications made before the commencement of this section of levies imposed under Part 3A of the former Act and of any proceeds from those levies received by the Authority for any purpose are validated and must be taken to be and to always have been lawfully applied.
428 Validation of accumulation of levy (1) Despite the provisions of Part 3A of the former Act, the matters referred to in subsection (2) are validated and must be taken to be and always to have been lawful.

The matters are— (a) (2) the accumulation of levies imposed under that Part and of any proceeds from those levies received by the Au­ thority; and the application of those levies and proceeds by the chief executive for the purposes of this Act.
(b) Other transitional provisions 429 Transitional provision for matters of doubt or dispute (1) relating to building control under former Act This section applies to an application for a determination under section 17 of the former Act that has been made, but not de­ termined or withdrawn, before the commencement of this sec­ tion.
(2) Despite the repeal of the former Act, an application to which this section applies must be determined by the chief executive 249 Part 5 s 430 Building Act 2004 Reprinted as at 24 August 2004 in all respects under the former Act as if this Act had not been passed.
430 Transitional provision for building levy under former Act If, before the commencement of this section, a person is liable to pay a levy under Part 3A of the former Act and the levy remains unpaid after payment is due, then, on and after the commencement of this section,— (a) the person must pay the levy to the chief executive as if the levy were payable under this Act; and this Act applies to the levy in all respects.
(b) 431 Transitional provision for rate of building levy under this Act (1) Despite section 53(2)(a)(ii), the building levy must, during the period speciﬁed in subsection (2), be calculated at the rate set out in clause 2 of the Building Industry Authority Levy Order 1995.

The period is the period that— (a) (b) begins on the commencement of Part 2; and ends on the commencement of the ﬁrst Order in Council that sets the prescribed rate of the building levy.
(2) 432 Transitional provision for certain applications (1) This section applies if, before the commencement of this sec­ tion,— (a) (b) (c) an application for a project information memorandum is made under section 30(1) of the former Act and the project information memorandum has not been issued; or an application for a building consent is made under sec­ tion 33 of the former Act and the building consent has not been granted or refused; or an application for the accreditation of any proprietary item (being a material, method of construction, design, or component relating to building work) is made under section 58 of the former Act but is not determined or withdrawn.
(2) On and from the commencement of this section,— 250 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 434 (a) (b) (c) the application referred to in subsection (1)(a) must be treated as if it were an application, as the case may be, under section 31 or section 32; and the application referred to in subsection (1)(b) must be treated as if it were an application under section 45; and the application referred to in subsection (1)(c) must be determined as if this Act had not been passed.
(3) For the purposes of subsection (2)(c),— (a) (b) section 59 of the former Act remains in force as if this Act had not been passed; and a certiﬁcate of accreditation issued under that section must be treated as if it were a product certiﬁcate issued under section 269.
433 Transitional provision for building consents granted under former Act (1) A building consent that was granted under section 34 of the former Act before the commencement of this section must, on that commencement, be treated as if it were a building consent granted under section 49.
(2) However,— (a) (b) section 93 does not apply; and accordingly, a building consent authority is not required to issue a code compliance certiﬁcate for the building work concerned within the period speciﬁed in that sec­ tion.

Subsection (2)(b) was amended, as from 14 April 2005, by section 16(2)(b) Building Amendment Act 2005 (2005 No 31) by omitting the words “or, as the case may be, a regional authority”.
434 Transitional provision for certain entries on certiﬁcates of (1) title made under former Act This section applies to any of the following entries that is made before the commencement of this section: (a) an entry on a certiﬁcate of title under section 36(2) of the former Act; and an entry in the records of the Surveyor­General or the Maori Land Court under section 36(7) of the former Act; and (b) 251 Part 5 s 435 Building Act 2004 Reprinted as at 24 August 2004 (c) an entry under section 641A of the Local Government Act 1974.
(2) On and from the commencement of this section, an entry to which this section applies must be treated as if it had been made under this Act and the provisions of this Act apply ac­ cordingly with all necessary modiﬁcations.
435 Transitional provision for notices issued under former Act This section applies to any of the following notices issued be­ (1) fore the commencement of this section: (a) a notice to rectify under section 42 of the former Act (including a notice that is deemed to be a notice to rec­ tify under section 45(4) or section 46(5) of that Act): a notice under section 65(1)(b) of the former Act requir­ ing work to be done on a dangerous building: a notice under section 65(2) of the former Act requiring work to be done on an insanitary building: a notice under section 66(3)(b) of the former Act requir­ ing work to be done on an earthquake­prone building.
(2) On and from the commencement of this section, a notice to (d) (b) (c) which this section applies must,— (a) in the case of the notice referred to in subsection (1)(a), be treated as if it were a notice given under section 164 of this Act; and in the case of the notice referred to in subsection (1)(b) or (c) or (d), be treated as if it were a notice given under section 124(1)(c) of this Act.
(b) (1) 436 Transitional provision for code compliance certiﬁcates in respect of building work carried out under building consent granted under former Act This section applies to building work carried out under a build­ ing consent granted under section 34 of the former Act.

(2) An application for a code compliance certiﬁcate in respect of building work to which this section applies must be considered and determined as if this Act had not been passed.
For the purposes of subsection (2), section 43 of the former Act— (3) 252 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 438 remains in force as if this Act had not been passed; but (a) (b) must be read as if— (i) (ii) a code compliance certiﬁcate may be issued only if the territorial authority is satisﬁed that the building work concerned complies with the building code that applied at the time the build­ ing consent was granted; and section 43(4) were omitted.
437 Transitional provision for issue of certiﬁcate of acceptance (1) This section applies if— (a) an owner, or the owner’s predecessor in title (whether an immediate predecessor in title or otherwise), carried out building work before the commencement of this section for which— (i) a building consent was required under the former Act; and (ii) the building consent was not obtained; or a building certiﬁer is unable or refuses to issue either of the following in respect of building work for which a building consent was issued before the commencement of this section: (i) a building certiﬁcate under section 56 of the for­ mer Act; or a code compliance certiﬁcate under section 95.
(ii) (b) (2) A territorial authority may, on application, issue a certiﬁcate (3) of acceptance.

For the purposes of subsection (2), sections 96(2) and (3) and 97 to 99 apply with all necessary modiﬁcations.

(4) A reference to a building certiﬁer in this section includes a ref­ erence to a building certiﬁer that applied for registration, and is registered, under section 191 as a building consent author­ ity.
438 Transitional provision for code compliance certiﬁcates and compliance schedules issued under former Act (1) On the commencement of this section,— 253 Part 5 s 438 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) a code compliance certiﬁcate issued under section 43 of the former Act has effect as if it had been issued under section 95 of this Act; and a compliance schedule issued under section 44 of the former Act has effect as if it had been issued under sec­ tion 102 of this Act.
(2) Before 30 November 2009,— (a) (b) the reference in sections 103(1)(c) and 108(7) to li­ censed building practitioners, in relation to a territorial authority, includes a reference to independently quali­ ﬁed people accepted by the authority as being qualiﬁed to carry out the inspection, maintenance, and reporting procedures required for a speciﬁed system stated in a compliance schedule: the references in sections 108(3)(c), 108(3)(d), 108(7), 109, and 110(a) to a licensed building practitioner, in re­ lation to a territorial authority, include references to an independently qualiﬁed person accepted by the author­ ity as being qualiﬁed to carry out the inspection, main­ tenance, and reporting procedures required for a speci­ ﬁed system stated in a compliance schedule.
(3) A person who immediately before the commencement of this section was accepted by a territorial authority as being qual­ iﬁed to carry out the inspection, maintenance, and reporting procedures required for a speciﬁed system stated in a com­ pliance schedule continues to be accepted until the authority withdraws its acceptance.
Before 30 November 2009, a territorial authority— (a) may accept any person as being qualiﬁed to carry out the inspection, maintenance, and reporting procedures required for a speciﬁed system stated in a compliance schedule: (4) (b) may withdraw its acceptance of any person as being qualiﬁed to carry out the inspection, maintenance, and reporting procedures required for a speciﬁed system stated in a compliance schedule (whether the acceptance occurred before or after the commencement of this sec­ tion).
254 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 440 (5) If not earlier withdrawn, a territorial authority’s acceptance of a person as being qualiﬁed to carry out the inspection, main­ tenance, and reporting procedures required for a speciﬁed sys­ tem stated in a compliance schedule expires on 30 November 2009.

Subsections (2) and (3) were substituted, as from 14 April 2005, by section 26 Building Amendment Act 2005 (2005 No 31).
Subsections (4) and (5) were inserted, as from 14 April 2005, by section 26 Building Amendment Act 2005 (2005 No 31).
439 Transitional provision for document used in establishing (1) compliance with building code This section applies if, before the commencement of this sec­ tion,— (a) a document for use in establishing compliance with the building code has been prepared or approved under sec­ tion 49(1) of the former Act; and in a case where that document has been approved, the approval has not been withdrawn under section 49(6) of that Act.
(b) (2) On and from the commencement of this section, the document referred to in subsection (1) must be treated as if it were a compliance document.
440 Transitional provision for applications for approval as building certiﬁer under former Act (1) An application for approval as a building certiﬁer that has been made under section 51 of the former Act, but not deter­ mined or withdrawn, before the commencement of this section must, on that commencement, be considered and determined by the chief executive in all respects as if this Act had not been passed.
(2) An appeal against a decision to refuse to grant approval as a building certiﬁer that has been commenced under section 52(9) of the former Act, but not completed, before the com­ mencement of this section must be continued and completed in all respects under the former Act as if this Act had not been passed.
255 Part 5 s 441 Building Act 2004 Reprinted as at 24 August 2004 (3) For the purposes of this section and section 441, sections 51 to 53 of the former Act remain in force as if this Act had not been passed.
441 Transitional provision for applications for continuation or renewal of approval as building certiﬁer under former Act (1) An application for the continuation or renewal of an approval as a building certiﬁer under section 51(5) of the former Act may be made to the chief executive until the close of 31 May 2006.

The chief executive may, until the close of 31 May 2006, grant the application.
(2) (3) An approval as a building certiﬁer that is continued or renewed under subsection (2) expires at the close of 31 May 2006.

442 Meaning of approved building certiﬁer In sections 443 to 446, approved building certiﬁer means a person— (a) who, immediately before the commencement of this section, held a current approval as a building certiﬁer under section 51 of the former Act; and (b) whose approval is continued or renewed, and has not expired, under the former Act or section 441.
443 Approved building certiﬁers have until 31 May 2006 to apply to be registered as building consent authority Every approved building certiﬁer has until 31 May 2006 to apply to be registered as a building consent authority under section 191.
444 What happens if approved building certiﬁer applies to be registered as building consent authority by 31 May 2006 (1) An approved building certiﬁer who applies to be registered as building consent authority by 31 May 2006 may, during the transitional period, issue either of the following in respect of building work for which a building consent was issued before the commencement of this section: 256 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 446 (a) a building certiﬁcate under section 56 of the former Act; or (b) a code compliance certiﬁcate under section 95.
In this section, transitional period means the period commenc­ ing on the date of commencement of this section and ending on 30 November 2007.
(2) 445 What happens if approved building certiﬁer does not (1) apply to be registered as building consent authority by 31 May 2006 If an approved building certiﬁer does not apply to be registered as a building consent authority by 31 May 2006, the approved building certiﬁer must not, after the close of that date, accept any further applications for— (a) a building certiﬁcate under section 56 of the former Act; or a code compliance certiﬁcate under section 95.
(b) (2) An approved building certiﬁer may, in respect of an applica­ tion for a certiﬁcate referred to in subsection (1) that was made before the close of 31 May 2006, issue the certiﬁcate until the close of 30 November 2007.

(3) However, an approved building certiﬁer must arrange for any other application for a certiﬁcate referred to in subsection (1) to be transferred to a building consent authority or terri­ torial authority if the certiﬁcate has not been issued or refused by 30 November 2007.
(4) A building consent authority or a territorial authority to whom an application is transferred under subsection (3) may issue a code compliance certiﬁcate under section 95.
446 Certain provisions of former Act apply for purposes of (1) sections 444 and 445 For the purposes of sections 444 and 445,— (a) sections 54 to 57 of the former Act remain in force as if this Act had not been passed; and a building consent authority must accept, under sec­ tion 19(1), a building certiﬁcate issued under section 56 (b) 257 Part 5 s 447 Building Act 2004 Reprinted as at 24 August 2004 (c) of the former Act as establishing compliance with the building code; and a party may apply, under section 177, for a determin­ ation in relation to a decision by an approved building certiﬁer to issue, or refuse to issue, a building certiﬁcate or a code compliance certiﬁcate.
(2) (3) For the purposes of subsection (1)(c), sections 176 to 190 ap­ ply with all necessary modiﬁcations.

In this section, party— (a) (b) has the meaning given by section 176; and includes an approved building certiﬁer.
447 Transitional provision for certiﬁcate of accreditation issued under former Act A certiﬁcate of accreditation issued under section 59 of the former Act in respect of any proprietary item (being a mater­ ial, method of construction, design, or component relating to building work) before the commencement of this section must, on and from that commencement, be treated as if it were a product certiﬁcate issued under section 269 and the provisions of this Act apply accordingly with all necessary modiﬁcations.
448 Transitional provision for proceedings under former Act (1) This section applies to the following proceedings: (a) proceedings under section 54 or section 55 of the former Act in relation to a building certiﬁer; and proceedings under Part 9 of the former Act (including court proceedings related to an application for a deter­ mination under section 17 of that Act).
(b) (2) Any proceedings to which this section applies that were com­ menced, but not completed, before the date of commencement of this section must be continued and completed in all respects under the former Act as if this Act had not been passed.

449 Territorial authorities and regional authorities must apply to be registered by 31 May 2006 A territorial authority or a regional authority must, by 31 May 2006, apply to be registered under section 191.
258 Reprinted as at 24 August 2004 Building Act 2004 Part 5 s 451 450 Territorial authority may act as building consent authority during transition to this Act (2) (1) A territorial authority may, during the period speciﬁed in sub­ section (3), act as a building consent authority (including in relation to a dam) even though the territorial authority has yet to be registered under section 191.
If a territorial authority acts as a building consent authority under subsection (1),— (a) the territorial authority must be taken to have all the functions, duties, and powers of a building consent au­ thority under this Act; and this Act applies with all necessary modiﬁcations.
(3) (b) The period is the period that— (a) (b) begins on the date of commencement of Part 2; and ends on the earlier of— (i) the date on which an application for registration by the territorial authority under section 191 is granted or refused; or 30 November 2007.
(ii) (4) This section overrides sections 14 and 193. Review of building code 451 Chief executive must review building code (1) (2) The chief executive must, within 3 years after the commence­ ment of this section,— (a) (b) review the building code; and prepare for the Minister a report on the review that in­ cludes recommendations setting out any amendments to the building code that are necessary or desirable.
In conducting the review, the chief executive must consider— the extent to which the building code complies with and (a) meets the requirements of this Act; and the extent to which the building code is stated in suf­ ﬁcient detail to provide clear guidance on performance standards that buildings must meet to ensure compli­ ance with the building code.
(b) 259 Schedule 1 Building Act 2004 Schedule 1 Exempt building work Reprinted as at 24 August 2004 s 41(1)(b) (c) (b) A building consent is not required for the following building work: any lawful repair and maintenance using comparable mater­ (a) ials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorpor­ ated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accord­ ance with the Plumbers, Gasﬁtters, and Drainlayers Act 1976: the construction of any motorway sign, or similar simple struc­ ture owned or controlled by any network utility operator or other organisation: construction of any retaining wall that retains not more than 1.5 metres depth of ground and that does not support any sur­ charge or any load additional to the load of that ground (for example, the load of vehicles on a road): the construction of any wall (except a retaining wall), fence (except a fence as deﬁned in section 2 of the Fencing of Swimming Pools Act 1987), or hoarding of a height not exceeding 2 metres above the supporting ground: the construction of any tank or pool and any structural support of the tank or pool (except a swimming pool as deﬁned in sec­ tion 2 of the Fencing of Swimming Pools Act 1987), including any tank or pool that is part of any other building for which a building consent is required,— (i) (d) (e) (ii) (iii) not exceeding 35 000 litres capacity and supported di­ rectly by the ground; or
 not exceeding 2 000 litres capacity and supported not more than 2 metres above the supporting ground; or not exceeding 500 litres capacity and supported not more than 4 metres above the supporting ground: the construction of any tent or marquee not exceeding 30 square metres in ﬂoor area and remaining in use for not more than 1 month: the construction of any platform, bridge, or the like from which it is not possible for a person to fall more than 1 metre even if it collapses: the construction of any
 temporary storage stack of goods or materials: (f) (g) (h) 260 Reprinted as at 24 August 2004 Building Act 2004 Schedule 1 (i) (j) (k) building work in connection with any detached building (except a building that is required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996 or a building closer than its own height to any residential accom­ modation or to any legal boundary) that— (i) houses ﬁxed plant or machinery, the only normal visits to which are intermittent visits for routine inspection and maintenance of that plant or machinery; or into which, or into the immediate vicinity of which, people cannot or do not normally go; or is used only by people engaged in the construction or maintenance of another building for which a building consent is required; or does not exceed 1 storey and does not exceed 10 square metres in ﬂoor area, and does not contain sleeping ac­ commodation or sanitary facilities or facilities for the storage of potable water: (ii) (iii) (iv) building work in connection with the closing in of an exist­ ing veranda, patio, or the like so as to provide an enclosed porch, conservatory, or the like with a ﬂoor area not exceed­ ing 5 square metres: any other building work in respect of which the territorial au­ thority (or, as the case requires, the regional authority) consid­ ers that a building consent is not necessary for the purposes of this Act because that building work— (i) is unlikely to be carried out otherwise than in accord­ ance with the building code; or if carried out otherwise than in accordance with the building code, is unlikely to endanger people or any building, whether on the same land or on other prop­ erty.
(ii) Compare 1991 No 150 schedule 3 Paragraph (k) was amended, as from 14 April 2005, by section 3(9) Building Amend­ ment Act 2005 (2005 No 31) by inserting the words “(or, as the case requires, the re­ gional authority)” after the word “authority”.
261 Schedule 2 Building Act 2004 Reprinted as at 24 August 2004 Schedule 2 Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies s 118(2) The buildings in respect of which the requirement for the provision of access and facilities for persons with disabilities apply are, without limitation, as follows: (a) land, sea, and air passenger transport terminals and facilities and interchanges, whether wholly on land or otherwise: public toilets wherever situated: banks: childcare centres and kindergartens: day­care centres and facilities: commercial buildings and premises for business and profes­ sional purposes, including computer centres: central, regional, and local government ofﬁces and facilities: courthouses: police stations: hotels, motels, hostels, halls of residence, holiday cabins, groups of pensioner ﬂats, boarding houses, guest houses, and other premises providing accommodation for the public: hospitals, whether public or private, and rest homes: medical and dental surgeries, and medical and paramedical and other primary health care centres: educational institutions, including public and private primary, intermediate, and secondary schools, universities, polytech­ nics, and other tertiary institutions: libraries, museums, art galleries, and other cultural institu­ tions: churches, chapels, and other places of public worship: places of assembly, including auditoriums, theatres, cinemas, halls, sports stadiums, conference facilities, clubrooms,
 recre­ ation centres, and swimming baths: shops, shopping centres, and shopping malls: restaurants, bars, cafeterias, and catering facilities: showrooms and auction rooms: public laundries: petrol and service stations: (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) 262 Reprinted as at 24 August 2004 Building Act 2004 Schedule 3 (v) (w) (x) (y) (z) funeral parlours: television and radio stations: car parks, parking buildings, and parking facilities: factories and industrial buildings where more than 10 persons are employed: other buildings, premises, or facilities to which the public are to be admitted, whether for free or on payment of a charge.
Compare 1991 No 150 s 47A(4) Schedule 3 Further provisions applying to Board s 346 Members’ appointment 1 (1) (2) Method of appointment The Governor­General appoints a member by sending written notice to the member (with a copy to the Board).
The notice of appointment must— (a) (b) state the date on which the appointment takes effect; and be given only after the person to be appointed has— consented in writing to being a member; and (i) certiﬁed in writing that he or she is not disquali­ (ii) ﬁed from being a member; and disclosed to the Minister all interests that the per­ son would, if he or she were a member, have to disclose under clauses 15 to 18 at the time of the certiﬁcate.
(iii) Qualiﬁcations of members 2 (1) A natural person who is not disqualiﬁed by this clause may be (2) a member.
The following persons are disqualiﬁed from being a member: (a) (b) a person who is an undischarged bankrupt: a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Securities 263 Schedule 3 Building Act 2004 Reprinted as at 24 August 2004 Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993: a person who is subject to a property order made under section 10, section 11, section 12, section 30, or section 31 of the Protection of Personal and Property Rights Act 1988, or whose property is managed by a trustee corporation under section 32 of that Act: a person who has been convicted of an offence punish­ able by imprisonment for a term of 2 years or more or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon or served the sentence or otherwise suffered the penalty imposed on the person: a person who has failed to disclose all interests under clause 1.
(c) (d) (e) Subclause (2)(b) was substituted, as from 25 October 2006, by section 25 Se­ curities Amendment Act 2006 (2006 No 46).

Term of appointment 3 (1) A member holds ofﬁce for 5 years or any shorter period stated in the notice of appointment.

(2) A member may be reappointed.


(3) A member continues in ofﬁce despite the expiry of his or her term of ofﬁce until— (a) (b) (c) the member is reappointed; or the member’s successor is appointed; or the Governor­General informs the member by written notice (with a copy to the Board) that the member is not to be reappointed and no successor is to be appointed at that time.

(4) This clause is subject to clause 9.


Validity of members’ acts The acts of a person as a member are valid even if— (a) (b) the person’s appointment was defective; or the person is not qualiﬁed to be a member.

4 264 Reprinted as at 24 August 2004 Building Act 2004 Schedule 3 5 Position where concurrent ofﬁce A member may hold that ofﬁce concurrently with any other ofﬁce.
Resignation and removal of members Resignation 6 (1) A member may resign from ofﬁce by written notice to the Min­ ister (with a copy to the Board) that is signed by the member.

The resignation is effective on receipt of the notice by the Min­ ister or at any later time stated in the notice.
(2) 7 (1) (2) (3) 8 Removal from ofﬁce The Governor­General may, on the advice of the Minister given after consultation with the Attorney­General, remove a member from ofﬁce by written notice to the member (with a copy to the Board) at any time for any of the following reasons proved to the satisfaction of the Governor­General: (a) breach of the member’s duties or the Board’s collective duties under this schedule; or failure or inability to perform, or inadequate perform­ ance of, the member’s duties and responsibilities as a member; or (b) any other just cause.
(c) misconduct by the member; or (d) Before giving advice to the Governor­General, the Minister must give the member a reasonable opportunity to make writ­ ten submissions or be heard on the proposal to remove him or her.

The notice of removal must state the reason for the removal.

No compensation for ceasing to hold ofﬁce A member is not entitled to any compensation or other pay­ ment or beneﬁt relating to his or her ceasing for any reason to hold ofﬁce as a member.
9 Members ceasing to hold ofﬁce A member ceases to hold ofﬁce if he or she— 265 Schedule 3 Building Act 2004 Reprinted as at 24 August 2004 (a) (b) (c) (d) resigns in accordance with clause 6; or is removed from ofﬁce in accordance with clause 7 or any other enactment; or becomes disqualiﬁed from being a member under clause 2; or otherwise ceases to hold ofﬁce in accordance with any enactment.
Vacancies in membership of Board 10 (1) Position where vacancy in membership If a member, for any reason, ceases to hold ofﬁce as a member, the Governor­General may appoint another person to act as a member.

(2) A member who is appointed under subclause (1) is appointed for the residue of the term for which the vacating member was appointed.

11 Effect of vacancy in membership The powers and functions of the Board are not affected by any vacancy in its membership.
Duties of members Accountability for duties The duties of members of the Board under this Schedule are duties owed to the Minister, and do not provide any ground of action for any other person.

If the Board breaches any of its duties under clause 14,— (a) each member of the Board is accountable to the Minister for the breach; and that breach justiﬁes all or any of the members being removed from ofﬁce.
(b) Duties of members A member, when acting as a member, must act— (a) (b) with reasonable care, diligence, and skill; and in good faith; and 12 (1) (2) 13 266 Reprinted as at 24 August 2004 Building Act 2004 Schedule 3 (c) (d) with honesty and integrity; and in accordance with any statement of expectations as to standards of good conduct for members of statutory bodies issued by 1 or more Ministers of the Crown that applies to statutory bodies (or classes of them) gener­ ally.
14 Collective duties of Board The Board must—— (a) (b) not contravene this Act; and act in a manner consistent with the objectives and func­ tions of the Board; and perform its functions efﬁciently and effectively and in a manner consistent with the spirit of service to the public.
Disclosure of interests of members in matters of Board 15 Meaning of interested (1) A member is interested in a matter relating to the Board if, and only if, the member— (a) is a party to, or will or may derive a material ﬁnancial beneﬁt from, the matter; or has a material ﬁnancial interest in a person to whom the matter relates; or is a director, ofﬁcer, member, or trustee of a person who will or may derive a material ﬁnancial beneﬁt from the matter; or is the parent, child, spouse civil union partner, or de facto partner of a person who will or may derive a ma­ terial ﬁnancial beneﬁt from the matter; or is otherwise directly or indirectly materially interested in the matter.
(c) (b) (c) (d) (e) (2) However, a member is not interested in a matter merely be­ cause he or she is a member of a professional building industry body.

Subclause (1)(d) was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by substituting the words “civil union partner, or de facto partner” for the words “or de facto partner (whether of the same or opposite sex)”.
267 Schedule 3 Building Act 2004 Reprinted as at 24 August 2004 16 Obligation to disclose interest A member who is interested in a matter relating to the Board must disclose the nature of the interest in accordance with clause 17 as soon as practicable after the member becomes aware that he or she is interested.
17 Method of disclosure of interest (1) If clause 16 applies, the member must disclose the details listed in subclause (2) in an interests register and to— (a) the chairperson or, if there is no chairperson, the deputy chairperson; or if the member concerned is the chairperson or the pos­ itions of the chairperson and deputy chairperson are va­ cant, the Minister.
(b) (2) 18 The details are— (a) the nature of the interest and the monetary value of the interest (if the monetary value can be quantiﬁed); or the nature and extent of the interest (if the monetary value cannot be quantiﬁed).
(b) Consequences of interest A member who is interested in a matter relating to the Board— (a) must not vote or take part in any deliberation or decision of the Board relating to the matter; and (b) must be disregarded for the purpose of forming a quo­ rum for that part of a meeting of the Board during which a deliberation or decision relating to the matter occurs or is made.
Conﬁdentiality of information Conﬁdentiality of information 19 (1) A member who has information in his or her capacity as a member that would not otherwise be available to him or her must not disclose that information to any person, or make use of, or act on, that information, except— for the purposes of the Board; or (a) as required or permitted by law; or (b) 268 Reprinted as at 24 August 2004 Building Act 2004 Schedule 3 (c) (d) in accordance with subclause (2); or in complying with clauses 16 and 17.
(2) A member may disclose, make use of, or act on the information if— (a) (b) the member is ﬁrst authorised to do so by the Board; and the disclosure, use, or act in question will not, or will not be likely to, prejudice the Board.

Liability of Board and others 20 Liability of Board and others No member of the Board is liable for any act or omission done, in good faith, in the performance or intended performance and exercise of the functions and powers of the Board.
Members’ remuneration and allowances (2) 21 Members’ remuneration and allowances (1) The Board is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.

There may be paid, out of public money to the members of the Board, remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly.
Chairperson and deputy chairperson 22 (1) (2) Appointment The Minister may appoint one of the members as the chair­ person, and another member as the deputy chairperson, of the Board by written notice to the member (with a copy to the Board).

The notice of appointment must state the date on which the appointment takes effect.
269 Schedule 3 Building Act 2004 Reprinted as at 24 August 2004 23 Term of appointment The chairperson and the deputy chairperson each holds that ofﬁce from the date stated in the notice of appointment until he or she— (a) (b) (c) resigns from that ofﬁce; or is removed from it by the Minister; or ceases to hold ofﬁce as a member.

Resignation 24 (1) A chairperson or deputy chairperson may, without resigning as a member, resign from that ofﬁce by written notice to the Minister (with a copy to the Board).
The notice of resignation must state the date on which the res­ ignation takes effect.

(2) 25 (1) (2) 26 Removal The Minister may remove a chairperson or deputy chairperson from that ofﬁce by written notice to the person (with a copy to the Board).

The notice of removal must state the date on which the removal takes effect.
Performance and exercise of chairperson’s functions, duties, and powers during vacancy If there is no chairperson or, for any reason, the chairperson is unable to perform and exercise his or her functions, duties, and powers as chairperson, the deputy chairperson has all the functions, duties, and powers of the chairperson.

Procedures of Board Procedure generally Except as otherwise provided in this Act, the members may regulate their own procedure.
Notice of meetings The Board or the chairperson must appoint the dates, times, and places for meetings of the Board, and give notice of those 27 28 (1) 270 Reprinted as at 24 August 2004 Building Act 2004 Schedule 3 (2) meetings to each member not present when the appointment is made.
The chairperson or any 2 members may call a special meeting of the Board by giving at least 7 days’ notice of the special meeting, and the business to be transacted at the meeting, to each member for the time being in New Zealand.

(3) Only the business stated in the notice of the special meeting may be transacted at the special meeting.
(4) Notice of a meeting— (a) must be written, and state the date, time, and place of the meeting; and (b) may be given by post, delivery, or electronic communi­ cation; and (c) must be sent to the member’s last known address in New Zealand.
(5) An irregularity in a notice of a meeting is waived if all mem­ bers entitled to receive the notice either— (a) attend the meeting without protesting about the irregu­ larity; or do not attend the meeting, but agree before the meeting is held to the waiver of the irregularity.
(b) 29 Methods of holding meetings A meeting of the Board may be held— (a) by a quorum of the members being assembled together at the date, time, and place appointed for the meeting; or by means of audio, audio and visual, or electronic com­ munication by which a quorum of members can simul­ taneously communicate with each other throughout the meeting.
(b) Quorum 30 (1) A quorum for a meeting of the Board is— (a) (b) half the number of members (if the board has an even number of members) or a majority of the members (if the Board has an odd number of members); but in any case, no less than 3 members.

271 Schedule 3 Building Act 2004 Reprinted as at 24 August 2004 (2) No business may be transacted at a meeting of the Board if a quorum is not present.
Presiding at meetings 31 (1) At a meeting of the Board, the following person presides: (a) (b) (c) if there is a chairperson and he or she is present, the chairperson; or if there is no chairperson or he or she is not present, the deputy chairperson; or in any other case, a member chosen by the members present to be the chairperson of the meeting.

(2) The person chosen under subclause (1) may perform and ex­ ercise all the powers, duties, and functions of the chairperson for the purposes of the meeting.
Voting at meetings Each member has 1 vote.

32 (1) (2) A resolution of the Board is passed if it is agreed to by all members present without dissent or if a majority of the votes cast on it are in favour of it.

(3) A member present at a meeting of the Board is presumed to have agreed to, and to have voted in favour of, a resolution of the Board unless he or she expressly dissents from, or votes against, the resolution at the meeting.
Unanimous written resolutions 33 (1) A resolution signed or assented to in writing (whether sent by post, delivery, or electronic communication) by all members is as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted.

The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
(2) 272 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 Schedule 4 Enactments amended s 414 1 Amendments to other Acts (other than local Acts) Boilers, Lifts, and Cranes Act 1950 (1950 No 53) Omit from section 9A the words “Building Act 1991” in every place where they appear and substitute in each case the words “Building Act 2004”.
Building Research Levy Act 1969 (1969 No 23) Omit from the deﬁnition of building consent in section 2 the words “Building Act 1991” and substitute the words “Building Act 2004”.

Omit from the deﬁnition of construction work or work in section 2 the words “Building Act 1991” and substitute the words “Building Act 2004”.
Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17) Insert in section 20, after subsection (2): “(2A) If the Registration Authority determines not to proceed with a complaint because the matter relates to a building practitioner who is licensed under the Building Act 2004, the Registration Authority must refer the complaint to the Registrar of Licensed Building Practitioners appointed under that Act.” Repeal section 22(5) and substitute: “(5) In addition to notifying the order in the register, the Registra­ tion Authority— “(a) must notify the Registrar of Licensed Building Practi­ tioners appointed under the Building Act 2004 of the order and the reasons for it; and “(b) may publicly notify the order in any other way that it thinks ﬁt.
“(6) Subsection (5) applies only if— “(a) the person has not exercised his or her rights of ap­ peal under sections 35 and 38 within the applicable time limit; or 273 Schedule 4 Building Act 2004 Reprinted as at 24 August 2004 1—continued “(b) has unsuccessfully exhausted his or her rights of appeal under those sections.” Insert in section 40(1)(a), after the word “for”, the words “each class of”.

Insert in section 40(1)(b), after the word “registration”, the words “in each class”.
Insert in section 40(2), after paragraph (b), the following heading and paragraph: “ “Classes of registration of chartered professional engineers “(ba) classes of registration of chartered professional engineers under this Act:” Children, Young Persons, and Their Families Act 1989 (1989 No 24) Omit from section 467A the words “Building Act 1991” in every place where they appear and substitute in each case the words “Build­ ing Act 2004”.
Civil Defence Emergency Management Act 2002 (2002 No 33) Omit from section 17(3)(b) the words “Building Act 1991” and sub­ stitute the words “Building Act 2004”.

Costs in Criminal Cases Act 1967 (1967 No 129) Insert in section 4(5), after the words “Building Act 1991”, the words “, the Building Act 2004,”.

Insert in section 7(3), after the words “Building Act 1991”, the words “, the Building Act 2004,”.

Insert in section 10(2), after the words “Building Act 1991”, the words “, the Building Act 2004,”.
Crown Organisations (Criminal Liability) Act 2002 (2002 No 37) Omit from section 3 the words “Building Act 1991” in both places where they appear and substitute in each case the words “Building Act 2004”.

274 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 1—continued Omit from section 6(1)(a) the words “an offence against section 80 of the Building Act 1991” and substitute the words “an offence against the Building Act 2004”.
Omit from section 7 the words “Building Act 1991” and substitute the words “Building Act 2004”.

Dairy Industry Act 1952 (1952 No 55) Omit from section 9A the words “Building Act 1991” in every place where they appear and substitute in each case the words “Building Act 2004”.

Disabled Persons Community Welfare Act 1975 (1975 No 122) Omit from section 22A the words “Building Act 1991” in every place where they appear and substitute in each case the words “Building Act 2004”.
Earthquake Commission Act 1993 (1993 No 84) Insert in clause 3(d) of Schedule 3, after the words “Building Act 1991”, the words “or an entry under section 74 of the Building Act 2004”.

Education Act 1989 (1989 No 80) Omit from section 139B the words “Building Act 1991” in every place where they appear and substitute in each case the words “Build­ ing Act 2004”.
Electricity Act 1992 (1992 No 122) Repeal section 169(9) and substitute: “(9) authorising the Secretary or the chief executive of the depart­ ment of State responsible for the administration of the Build­ ing Act 2004, or both, to exempt speciﬁc works, electrical installations, ﬁttings, electrical appliances, associated equip­ ment, persons, or things from requirements imposed by regu­ lations made under paragraphs (1) to (7), subject to any con­ ditions that the Secretary or, as the case may be, the chief ex­ ecutive thinks ﬁt:” 275 Schedule 4 Building Act 2004 Reprinted as at 24 August 2004 1—continued Fencing of Swimming Pools Act 1987 (1987 No 178) Repeal the deﬁnition of fence in section 2 and substitute: “fence— “(a) means a fence that complies with the requirements of the building code in force under the Building Act 2004 in respect of swimming pools subject to this Act; and includes any part of a building and any gates or doors that form part of the fence” “(b) Omit from section 7(3) the words “Building Act 1991” and substitute the words “Building Act 2004”.
Omit from section 8(1) the words “Building Act 1991” and substitute the words “Building Act 2004”.

Omit from the heading to section 13A the words “Building Act 1991” and substitute the words “Building Act 2004”.

Omit from section 13A the words “Building Act 1991” and substitute the words “Building Act 2004”.
Repeal section 13B and substitute: “13B Fencing in accordance with Schedule must be treated as means of compliance Any provision that is made for the fencing of swimming pools that is in accordance with the Schedule must, in respect of— “(a) matters subject to the Building Act 2004, be treated as a compliance document establishing compliance with the building code for the purposes of section 19 of that Act, and the requirements of this Act: “(b) building and premises not subject to the Building Act 2004, be treated as a reasonable and adequate provision for the purposes of this Act.” Fire Service Act 1975 (1975 No 42) Repeal the deﬁnition of building in section 2 and substitute: “building has the meaning given by the Building Act 2004” Repeal the deﬁnition of building code in section 2 and substitute: “building code has the meaning given by section 7 of the Building Act 2004” 276 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 1—continued Repeal the deﬁnition of ﬁre hazard in section 2 and substitute: “ﬁre hazard has the meaning given by section 7 of the Building Act 2004” Repeal the deﬁnition of household unit in section 2 and substitute: “household unit has the meaning given by section 7 of the Building Act 2004” Repeal the deﬁnition of means of escape from ﬁre in section 2 and substitute: “means of escape from ﬁre has the meaning given by section 7 of the Building Act 2004” Repeal the deﬁnition of sitework in section 2 and substitute: “sitework has the meaning given by section 7 of the Building Act 2004” Omit from section 21(1) the words “Building Industry Authority” and substitute the words “chief executive of the department of State responsible for the administration of the Building Act 2004”.
Omit from section 21(1) the words “Building Industry Authority, where appropriate” and substitute the words “chief executive of the department of State responsible for the administration of the Build­ ing Act 2004, if appropriate”.

Omit from section 21(6) the words “Building Act 1991” and substi­ tute the words “Building Act 2004”.

Omit from section 21A(3) the words “or section 47A of the Building Act 1991” and substitute the words “or section 118 of the Building Act 2004”.
Omit from section 21A(11) the words “Building Act 1991” and sub­ stitute the words “Building Act 2004”.

Omit from section 29(5) the words “Building Act 1991” and substi­ tute the words “Building Act 2004”.

Omit from section 29(6) the words “Building Act 1991” and substi­ tute the words “Building Act 2004”.
277 Schedule 4 Building Act 2004 Reprinted as at 24 August 2004 1—continued Gas Act 1992 (1992 No 124) Repeal section 54(1)(o) and substitute: “(o) authorising the Secretary or the chief executive of the depart­ ment of State responsible for the administration of the Build­ ing Act 2004, or both, to exempt speciﬁc gas installations, gas appliances, ﬁttings, persons, or things from requirements im­ posed by regulations made under this section, subject to any conditions that the Secretary or, as the case requires, the chief executive thinks ﬁt:” Hazardous Substances and New Organisms Act 1996 (1996 No 30) Omit from section 102 the words “Building Act 1991” in both places where they appear and substitute in each case the words “Building Act 2004”.
Health Act 1956 (1956 No 65) Omit from section 39(1) the words “Building Act 1991” and substi­ tute the words “Building Act 2004”.

Omit from section 65A the words “Building Act 1991” in every place where they appear and substitute in each case the words “Building Act 2004”.

Omit from section 120C(1) the words “Building Act 1991” and sub­ stitute the words “Building Act 2004”.
Omit from section 128A the words “Building Act 1991” in every place where they appear and substitute in each case the words “Build­ ing Act 2004”.
Health and Safety in Employment Act 1992 (1992 No 96) Repeal section 20(13)(a) and substitute: adopt with modiﬁcation— “(a) “(i) any document previously approved by another Minister of the Crown; or any compliance document (within the meaning of the Building Act 2004); or.” “(ii) 278 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 1—continued Omit from section 20(13)(b) the words “approved by another Minis­ ter of the Crown (or by the authority) and later adopted by the Min­ ister” and substitute the words “referred to in paragraph (a)”.
Omit from section 20(13) the word “authority” on the second occa­ sion the word appears and substitute the words “the chief executive of the department of State responsible for the administration of the Building Act 2004”.

Historic Places Act 1993 (1993 No 38) Omit from section 34(2) the words “for the purposes of section 31(2)(b) of the Building Act 1991” and substitute the words “for the purposes of section 34(1)(b) of the Building Act 2004”.
Omit from section 35(b) the words “section 31 of the Building Act 1991” and substitute the words “section 34 of the Building Act 2004”.

Hospitals Act 1957 (1957 No 40) Omit from section 131(1) the words “Building Act 1991” and sub­ stitute the words “Building Act 2004”.

Human Rights Act 1993 (1993 No 82) Omit from section 43(3) the words “section 47A of the Building Act 1991” and substitute the words “section 118 of the Building Act 2004”.
Local Government Act 1974 (1974 No 66) Omit from the deﬁnition of building consent in section 2 the words “section 2 of the Building Act 1991” and substitute the words “sec­ tion 7 of the Building Act 2004”.

Local Government Act 2002 (2002 No 84) Omit from section 152 the words “Building Act 1991” in every place where they appear and substitute in each case the words “Building Act 2004”.

Omit from section 195(1)(c) the words “Building Act 1991” and sub­ stitute the words “Building Act 2004”.
279 Schedule 4 Building Act 2004 Reprinted as at 24 August 2004 1—continued Repeal section 198(1) and substitute: “(1) A territorial authority may require a development contribution to be made to the territorial authority before— “(a) a resource consent is granted under the Resource Man­ agement Act 1991 for a development within its district: a building consent is granted under the Building Act 2004 for building work situated in its district (whether by the territorial authority or a building consent author­ ity); and an authorisation for a service connection is granted.” “(b) “(c) Add to section 198, as subclause (3): “(3) In this section, building consent authority means a person whose name is entered in the register referred to in section 273(1)(a) of the Building Act 2004:” Omit from section 202(1)(b)(ii) the words “Building Act 1991” and substitute the words “Building Act 2004”.
Omit from section 208(b) the words “section 43 of the Building Act 1991” and substitute the words “section 95 of the Building Act 2004”.

Omit from section 209(1)(b) the words “section 41 of the Building Act 1991” and substitute the words “section 52 of the Building Act 2004”.

Omit from section 211 the words “Building Act 1991” and substitute the words “Building Act 2004”.
Omit from section 220(4) the words “section 32(1) of the Building Act 1991” and substitute the words “section 40 of the Building Act 2004”.

Omit from section 222 the words “Building Act 1991” in both places where they appear and substitute in each case the words “Building Act 2004”.

Omit from section 225(2)(a)(i) the words “Building Act 1991” and substitute the words “Building Act 2004”.

Omit from clause 4(b)(ii) of Schedule 14 the words “Building Act 1991” and substitute the words “Building Act 2004”.
280 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 1—continued Local Government Ofﬁcial Information and Meetings Act 1987 (1987 No 174) Insert in section 44A(2)(d), after the words “Building Act 1991”, the words “, the Building Act 2004,”.

Add to section 44A(2)(e) the words “or the Building Act 2004”.

Add to section 44A(2)(h) the words “or the Building Act 2004”.
Meat Act 1981 (1981 No 56) Omit from the heading to section 8A the words “Building Act 1991” and substitute the words “Building Act 2004”.

Omit from section 8A the words “Building Act 1991” in both places where they appear and substitute in each case the words “Building Act 2004”.

Omit from section 26(2)(b)(i) the words “Building Act 1991” and substitute the words “Building Act 2004”.
Repeal section 49(1B) and substitute: “(1B) Regulations made under subsection (1)(r) may require per­ sons undertaking building work to achieve performance cri­ teria additional to, or more restrictive than, those speciﬁed in the building code in force under the Building Act 2004.” Ombudsmen Act 1975 (1975 No 9) Omit from Part 2 of Schedule 1 the following item: “The Building Industry Authority.” Insert in Part 2 of Schedule 1, in its appropriate alphabetical order, the following item: “Building Practitioners Board.” Privacy Act 1993 (1993 No 28) Omit from Part 1 of Schedule 2 the item relating to the Building Act 1991 and substitute the following item: “Building Act 2004 Sections 216, 273, and 298” 281 Schedule 4 Building Act 2004 Reprinted as at 24 August 2004 1—continued Public Audit Act 2001 (2001 No 10) Insert in Schedule 2, in its appropriate alphabetical order, the follow­ ing item: “Building Practitioners Board.” Public Finance Act 1989 (1989 No 44) Omit from Schedules 4, 5, 6, and 7 the following item: Building Industry Authority.
Public Works Act 1981 (1981 No 35) Omit from section 184 the words “Building Act 1991” and substitute the words “Building Act 2004”.

Radiation Protection Act 1965 (1965 No 23) Omit from section 24A the words “Building Act 1991” in every place where they appear and substitute in each case the words “Building Act 2004”.
Resource Management Act 1991 (1991 No 69) Omit from section 10B(1) the words “as deﬁned in section 2 of the Building Act 1991” and substitute the words “as deﬁned in section 7 of the Building Act 2004”.

Omit from section 10B the words “Building Act 1991” on the second, third, and fourth occasions the words appear and substitute in each case the words “Building Act 2004”.
Repeal section 68(2A) and substitute: “(2A) Rules may be made under this section for the protection of other property (as deﬁned in section 7 of the Building Act 2004) from the effects of surface water, which require per­ sons undertaking building work to achieve performance cri­ teria additional to, or more restrictive than, those speciﬁed in the building code as deﬁned in section 7 of the Building Act 2004.” Repeal section 76(2A) and substitute: “(2A) Rules may be made under this section, for the protection of other property (as deﬁned in section 7 of the Building Act 282 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 1—continued 2004) from the effects of surface water, which require per­ sons undertaking building work to achieve performance cri­ teria additional to, or more restrictive than, those speciﬁed in the building code as deﬁned in section 7 of the Building Act 2004.” Omit from section 224(f) the words “section 46(4) of the Building Act 1991” and substitute the words “section 116(3) of the Building Act 2004”.
Sale of Liquor Act 1989 (1989 No 63) Omit from the deﬁnition of building code in section 2 the words “Building Act 1991” and substitute the words “Building Act 2004”.

Omit from the heading to section 131A the words “Building Act 1991” and substitute the words “Building Act 2004”.

Omit from section 131A the words “Building Act 1991” in both places where they appear and substitute in each case the words “Building Act 2004”.
Omit from section 134 the words “Building Act 1991” and substitute the words “Building Act 2004”.

Sentencing Act 2002 (2002 No 9) Omit from section 4(4) the words “Building Act 1991” and substitute the words “Building Act 2004”.

Weathertight Homes Resolution Services Act 2002 (2002 No 47) [Repealed] “Weathertight Homes Resolution Services Act 2002”: this item was repealed, as from 1 April 2007, by section 127(1)(b) Weathertight Homes Resolution Services Act 2006 (2006 No 84).
See sections 128 to 160 of that Act for the transitional provisions.

See clause 2 Weathertight Homes Resolution Services Act 2006 Commencement Order 2007 (SR 2007/21).
2 Local Acts amended Auckland Improvement Trust Act 1971 (1971 No 9) Omit from section 4(1D) the words “Building Act 1991” and substi­ tute the words “Building Act 2004” 283 Schedule 4 Building Act 2004 Reprinted as at 24 August 2004 2—continued Omit from section 5(1D) the words “Building Act 1991” and substi­ tute the words “Building Act 2004” Summit Road (Canterbury) Protection Act 2001 (2001 No 3) Omit from section 35 the words “Building Act 1991” and substitute the words “Building Act 2004” 3 Regulations amended Dangerous Goods (Class 3­Flammable Liquids) Regulations 1985 (SR 1985/188) Omit from regulation 63(5) the words “section 43 of the Building Act 1991” and substitute the words “section 95 of the Building Act 2004”.
District Courts Rules 1992 (SR 1992/109) Revoke rule 452(1)(a)(vi) and substitute: “(vi) sections 227, 126, 130, 156, 158, 330, and 381 of the Building Act 2004:” Domestic Violence Act Commencement Order 1998 (SR 1998/343) Omit from Schedules 1 and 2 the items relating to the Building Act 1991 and substitute in each case the following item: “Building Act 2004 Sections 216, 273, and 298” Domestic Violence (Public Registers) Regulations 1998 (SR 1998/342) Omit from Schedule 1 the items relating to the Building Act 1991 and substitute the following item: “Building Act 2004 Sections 216, 273, and 298” 284 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 3—continued Education (Early Childhood Centres) Regulations 1998 (SR 1998/85) Revoke regulation 3(5)(b) and (c) and substitute: “(b) evidence that the premises comply with the Building Act 2004 in respect of their use as a centre; and a copy of either of the following (whichever applies): “(i) a compliance schedule required under section 100 of the Building Act 2004; or a current building warrant of ﬁtness issued under sec­ tion 108 of that Act.” “(ii) “(c) Omit from regulation 17(1) the words “Building Act 1991” and sub­ stitute the words “Building Act 2004” Electricity Regulations 1997 (SR 1997/60) Revoke regulation 104 and substitute: “104 Chief executive responsible for Building Act 2004 may grant exemptions “(1) The chief executive of the department of State responsible for the administration of the Building Act 2004 may, in writing, and for any
 period that the chief executive speciﬁes, exempt speciﬁc works, electrical installations, ﬁttings, electrical ap­ pliances, associated equipment, persons, or things from any requirement imposed by any regulations in Part 4 or Part 5 in any case where— “(a) compliance with an electrical code of practice is taken to be compliance with that regulation; and that electrical code of practice is approved by the chief executive for use in establishing compliance with the provisions of the building code made under the Building Act 2004.
“(b) “(2) The chief executive may amend or withdraw an exemption granted under these regulations— “(a) in order to prevent danger or potential danger to the safety of a person or property, on giving 20 working days’ notice to the holder of the exemption; or if the holder asks the chief executive to withdraw the exemption.
“(b) 285 Schedule 4 Building Act 2004 Reprinted as at 24 August 2004 3—continued “(3) The chief executive may grant the exemption subject to any conditions that the chief executive thinks ﬁt.” Fire Safety and Evacuation of Buildings Regulations 1992 (SR 1992/361) Omit from regulation 13(3)(e) the words “Building Act 1991” and substitute the words “Building Act 2004”.
Omit from regulation 15(1)(a)(iii) the words “section 44 of the Build­ ing Act 1991” and substitute the words “section 100 of the Building Act 2004”.

Omit from regulation 15(1)(a)(iii) the words “section 44 or section 45 of that Act” and substitute “section 100 or section 108 of that Act”.

Omit from regulation 19(3)(c) the words “section 46 of the Building Act 1991” and substitute the words “section 115 of the Building Act 2004”.
Omit from regulation 19(3)(d) the words “section 39 of the Building Act 1991” and substitute the words “section 113 of the Building Act 2004”.

Omit from regulation 19(5) the words “section 46(1) of the Building Act 1991” and substitute the words “section 114 of the Building Act 2004”.

Omit from regulation 20(2) the words “section 31 of the Building Act 1991” and substitute the words “section 34 of the Building Act 2004”.
Gas Regulations 1993 (SR 1993/76) Revoke regulation 31 and substitute: “31 Chief executive responsible for Building Act 2004 may grant exemptions “(1) The chief executive of the department of State responsible for the administration of the Building Act 2004 may, in writing, and for any period that the chief executive speciﬁes, exempt any speciﬁc gas installation, gas appliance, ﬁttings, person, or thing from any requirement imposed by regulation 12 if the exemption is required as a result of the grant of a waiver or modiﬁcation of the building code, or a compliance document 286 Reprinted as at 24 August 2004 Building Act 2004 Schedule 4 3—continued (within the meaning of the Building Act 2004), in relation to an application for a building consent that is referred to the chief executive under section 70 of that Act.
“(2) The chief executive may amend or withdraw an exemption granted under this regulation in order to prevent a gas hazard.

“(3) The chief executive may grant the exemption subject to any conditions that the chief executive thinks ﬁt.” Hospitals Regulations 1993 (SR 1993/156) Revoke clauses 10 and 11 of Schedule 1 and substitute: “ 10 Evidence that the premises comply with the Building Act 2004 in respect of their use.
“ 11 A copy of either of the following (whichever applies): “(a) “(b) a compliance schedule required under section 100 of the Building Act 2004; or a current building warrant of ﬁtness issued under sec­ tion 108 of that Act.” Old People’s Homes Regulations 1987 (SR 1987/336) Revoke regulation 24(3)(b)(ii) and (iii) and substitute: “(ii) evidence that the premises comply with the Building Act 2004 in respect of their use; and “(iii) a copy of a current building warrant of ﬁtness issued under section 108 of the Building Act 2004.” Revoke clauses 1B and 1C of Schedule 3 and substitute: “ 1B Evidence that the premises comply with the Building Act 2004 in respect of their use.
“ 1C A copy of either of the following (whichever applies): “(a) “(b) a compliance schedule required under section 100 of the Building Act 2004; or a current building warrant of ﬁtness issued under sec­ tion 108 of that Act.” 287 Building Act 2004 3—continued Reprinted as at 24 August 2004 Rating Valuations (Local Authority Charges) Regulations 1999 (SR 1999/146) Revoke the deﬁnition of building consent in regulation 2 and sub­ stitute: “building consent has the meaning given by section 7 of the Building Act 2004” 28 August 2003 4 September 2003 6 July 2004 3 August 2004 10, 11 August 2004 12 August 2004 Legislative history Introduction (Bill 78–1) First reading and referral to Government Administration Committee Reported from Government Administration Committee (Bill 78–2) Second reading Committee of the whole House (Bill 78–3) Third reading 288