Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698838863285.pdf (New Zealand)
Reprint as at 28 November 2013 Building Act 2004 Public Act Date of assent Commencement 2004 No 72 24 August 2004 see section 2 Contents 1 Title Part 1 Preliminary provisions Subpart 1—General Commencement Purpose and principles Commencement Purposes 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 Page 25 25 25 26 28 30 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.
1 Building Act 2004 Reprinted as at 28 November 2013 Subpart 2—Interpretation General Interpretation Meaning of building Building: what it means and includes Building: what it does not include Meaning of allotment Meaning of allotment Subpart 3—Outline of regulatory roles under this Act Role of chief executive 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 Subpart 4—Outline of responsibilities under this Act 14A 14B 14C 14D 14E 14F 14G Outline of responsibilities under this Act Responsibilities of owner Responsibilities of owner-builder Responsibilities of designer Responsibilities of builder Responsibilities of building consent authority Responsibilities of product manufacturer or supplier Part 2 Building Subpart 1—Preliminary 15 Outline of this Part Subpart 2—Building code Requirement to comply with building code 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 How compliance with building code is established 16 17 18 19 2 31 43 45 46 47 49 50 50 51 52 52 52 53 53 54 54 55 55 56 56 Reprinted as at 28 November 2013 Building Act 2004 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 Acceptable solution or verification method Acceptable solution or verification method for use in establishing compliance with building code Effect of acceptable solution or verification method Chief executive may amend or revoke acceptable solution or verification method Content of acceptable solution or verification method Acceptable solutions and verification methods to be
 available on Ministry’s Internet site 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 Limits on certain powers of building consent authority in cases involving bans under section 26 Procedural requirements for acceptable solutions, verification methods, warnings, and bans Procedural requirements for acceptable solutions, verification methods, warnings, and bans Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans National multiple-use approvals National multiple-use approval establishes compliance with building code How to apply for national multiple-use approval Applications for national multiple-use approval relating to design work that is restricted building work Chief executive must decide whether to accept, for processing, application for national multiple-use approval Processing application for national multiple-use approval Issue of national multiple-use approval Refusal to issue national multiple-use approval 25A 26 27 28 29 30 30A 30B 30C 30D 30E 30F 30G 57 57 58 58 59 59 59 60 61 61 61 64 64 65 65 66 67 67 68 3 Building Act 2004 Reprinted as at 28 November 2013 30H Suspension or revocation of national multiple-use approval Subpart 3—Building work—Project 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 issue development contribution notice Territorial authority must issue certificate if resource consent required 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 work for which building consent is not required under Schedule 1 Building consent not required for energy work When to apply for building consent How to apply for building consent 43 44 45 45A Minor variations to building consents 45B Changes to plans and specifications that have national multiple-use approval 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 Refusal of application for building consent Issue of building consent 31 32 33 34 35 36 37 38 39 40 41 42 42A Reprinted as at 28 November 2013 Building Act 2004 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 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 72 Steps after notification 87 87 88 88 88 88 89 89 90 90 90 91 91 92 92 93 93 93 94 95 95 96 96 5 Building Act 2004 Reprinted as at 28 November 2013 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 Registrar-General 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 Registrar-General 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 Notices to
 building consent authority when owner-builder carries out restricted building work Licensed building practitioner to provide record of work in respect of restricted building work 75 76 77 78 79 80 81 82 83 84 85 86 87 87A 88 Other provisions relating to building work generally 89 90 Licensed building practitioner must notify building consent authority of breaches of building consent Inspections by building consent authorities Subpart 4A—Restricted building work carried out by owner-builders Purpose of this subpart 90A 90B Meaning of owner-builder 6 97 98 98 99 99 99 100 100 101 102 102 103 104 105 105 106 107 107 107 Reprinted as at 28 November 2013 Building Act 2004 90C Meaning of relevant interest 90D Owner-builder exemption 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 Refusal to issue 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 Refusal of application for certificate of acceptance Compliance schedules Requirement for compliance schedule Owner must comply with requirement for compliance schedule 91 92 93 94 95 95A 96 97 98 99 99A 100 101 102 When compliance schedule must be issued 102A Procedure for obtaining compliance schedule where 103 104 building consent not required Content of compliance schedule Building consent authority must notify territorial authority of issue of compliance schedule 104A
 Territorial authority must issue statement in relation to 105 106 107 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 108 Annual building warrant of fitness 108 108 109 109 110 111 112 112 112 113 114 115 115 115 116 117 117 118 118 119 119 120 121 122 7 Building Act 2004 Reprinted as at 28 November 2013 Territorial authority must consider recommendation to amend compliance schedule Owner must obtain reports on compliance schedule Inspections by territorial authority Alterations to existing buildings Alterations to existing buildings Buildings with specified intended lives Change of use, extension of life, and subdivision of buildings 109 110 111 112 113 114 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 Definition for sections 118 to 120 Access and facilities for persons with disabilities to and within buildings Acceptable solution for requirements of persons with disabilities Symbols of access must be displayed 117 118
 119 120 Subpart 6—Special provisions for certain categories of buildings Definitions of dangerous, affected, earthquake-prone, and insanitary buildings 121 Meaning of dangerous building 121A Meaning of affected building 122 Meaning of earthquake-prone building 123 Meaning of insanitary building Powers of territorial authorities in respect of dangerous, affected, earthquake-prone, or insanitary buildings Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority
 Requirements for notice requiring building work or restricting entry Territorial authority may carry out work 124 125 126 8 123 124 124 125 126 127 127 128 129 129 130 130 131 132 132 133 133 133 134 135 136 Reprinted as at 28 November 2013 Building Act 2004 127 128 Building work includes demolition of building Prohibition on using dangerous, affected, earthquake-prone, or insanitary building 128A Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings 129 Measures to avoid immediate danger or to fix insanitary conditions Territorial authority must apply to District Court for confirmation of warrant Policy on dangerous, earthquake-prone, and insanitary buildings 130 131 Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings Adoption and review of policy 132 132A Policy must take into account affected buildings 133 Application of this subpart to dams Application of subpart to dams Subpart 7—Safety of dams Dams to which provisions of this subpart apply 133A Dams to which subpart 7 provisions apply 133B Measurement of dams 137 137 137 138 138 139 139 140 140 140 140 Notification of classifiable or referable dam 133C Obligation to notify regional authority of classifiable or 141 referable dam and change of ownership Classification of dams 134 When owner must classify dam 134A Regional authority may require owner to classify referable dam 134B Method of classification 134BA Classification of dams that
 are canals 134C Offence of failing to classify dam 135 Owner must provide classification of, and certificate for, dam to regional authority 135A Certifying engineer must notify regional authority and 136 137 owner if dam dangerous 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 141 142 142 143 143 143 144 144 144 9 Building Act 2004 Reprinted as at 28 November 2013 138 139
 140 141 142 143 144 145 146 147 148 Regional authority must require re-audit 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 re-audit 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 148A Dam safety assurance programme for dams that are canals 148B Dam safety assurance programme for 2 or more dams forming single reservoir 149 Who is recognised engineer Who is recognised engineer Dam compliance certificate 150 Owner of dam must supply annual dam compliance certificate 150A Annual dam compliance certificate requirements not to apply to accredited dam owner Register of dams Information to be provided to chief executive 151 152 Dangerous dams 153 Meaning of dangerous dam 153A Meaning of earthquake-prone dam and flood-prone dam 153B Owner must notify regional authority 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 Reprinted as at 28 November 2013 Building Act 2004 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, earthquake-prone dams, and flood-prone 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 168A Chief executive’s functions in relation to this Act 169 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 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 Power of chief executive to make determinations 176 Meaning of party 177 178 179 180 Application for determination Requirements for application for determination Chief executive may refuse application for determination Application for determination may be withdrawn 157 157 158 158 158 158 159 159 160 161 162 162 163 163 164 164 165 166 166 166 167 168 169 169 170 11
 Building Act 2004 Reprinted as at 28 November 2013 181 182 183 184 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 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 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 Reprinted as at 28 November 2013 Building Act 2004 207A Chief executive may require person to provide information 186 or produce documents 207B Offence of failing to comply with chief executive’s notice 187 for provision of information 208 209 210 211 212 213
 214 215 216 217 218 219 220 221 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 Power of territorial authority to carry out building work on default 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 187 188 189 189 190 191 191 192 192 193 194 195 195 196 197 198 199 13 Building Act 2004 Reprinted as at 28 November 2013 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 [Repealed] Authorisation of enforcement officers [Repealed] Conditions of authorisation [Repealed] Offence to impersonate enforcement officer [Repealed] 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 or regional 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 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 Reprinted as at 28 November 2013 Building Act 2004 Transfer of functions, duties, and powers of regional authority 244 245 246 247 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 Requirements for building consent accreditation body 249 Requirements for building consent accreditation body 249A Fees for audits Audit fees 250 251 252 253 254 255 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 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 257A Fees for audits Audit fees 258 Accreditation Accreditation of dam owners 207 207 207 207 208 208 209 209 209 209 210 210 211 211 212 212 212 15 Building Act 2004 Reprinted as at 28 November 2013 259 260 Revocation of
 accreditation Dam owner accreditation body must notify chief executive of grant and revocation of accreditation 213 213 Subpart 7—Responsibilities of product certification accreditation body Appointment of product certification accreditation body Chief executive may appoint product certification accreditation body Requirements for product certification accreditation body Requirements for product certification accreditation body 261 262 262A Fees for audits Audit fees 263 264 265 266 267 268 269 270 271 272 Accreditation of product certification bodies Accreditation Criteria for accreditation Application for accreditation Suspension or revocation of accreditation Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation Certification of building methods or products Application for product certificate Issue of product certificate Annual review of product certificate Suspension or revocation of product certificate Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate Subpart 8—Miscellaneous responsibilities Chief executive must keep registers 273 274 275 Chief executive must keep registers Purpose of registers Content of register of building consent authorities Chief executive may review territorial authorities 276 Review of territorial authorities 214 214 215 215 215 216 216 217 217 218 218 218 220 220 221
 222 222 16 Reprinted as at 28 November 2013 Building Act 2004 Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority 277 278 279 280 281 Non-performance by territorial authority Criteria for appointment or renewal of appointment Effect of appointment Costs may be recovered from territorial authority Requirements for appointment Subpart 9—Fees, charges, and additional costs 281A What fees and charges may be imposed 281B Authority may increase fee or
 charge to meet additional cost 281C Authority may waive or refund fee or charge 281D Validity of previous fees, charges, and additional costs Part 4 Regulation of building practitioners Subpart 1—Preliminary Definitions 282 Definitions for this Part 282A Purposes of licensing building practitioners Purposes of licensing General procedure of Board and Registrar under this Part Specified procedure for making decisions Other procedure for making decisions 283 284 Subpart 2—Licensing and disciplining of building practitioners Licensing classes 285 Licensing classes may be designated by regulations 286 287 288 289 290 291 How to become licensed Entitlement to be licensed Applications to become licensed Registrar to license applicant or decline application Provisions relating to licences Duty to produce evidence of being licensed Term of being licensed Automatic licensing of certain professions Automatic licensing of people registered under other enactments 223 223 224 224 225 225 226 226 226 227 228 228 229 229 229 230 230 231 231 231 17 Building Act 2004 Reprinted as at 28 November 2013 Continuation of licensing 292 293 Licensed building practitioner must meet applicable minimum standards for licensing to continue Consequences of failure to meet applicable minimum standards for licensing Licensing cancellation and suspension 294 Cancellation of licensing 295 Mandatory licensing suspension Voluntary licensing suspension 296 Effect of licensing suspension 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 Obligation to notify Registrar of change in circumstances Registrar must contact licensed building practitioners on annual basis Alterations to register 302 303 304 Searches of register Search of register Search criteria Search purposes 305 306 307 308 When search constitutes interference with privacy of 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 309 310 311 312 313 314 Offences relating to licensing Offences relating to licensing 314A Code of ethics for licensed building practitioners Code of ethics and competence 18 232 232 233 233 234 234 235 235 236 236 237 238 239 239 239 239 239 240 240 240 240 241 242 242 Reprinted as at 28 November 2013 Building Act 2004 314B Licensed building practitioner must work within competence 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 Non-payment 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 242 243 243 244 246 247 247 248 248 249 249 250 250 251
Building Act 2004 Reprinted as at 28 November 2013 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 [Repealed] 363C Section 363 does not apply to building work commenced before 31
 March 2005 Offence for residential property developer to transfer household unit without code compliance certificate Offences relating to administration of Act Offence to fail to comply with direction of authorised person 364 365 20 256 256 256 256 257 257 257 258 258 259 259 259 260 260 260 260 261 261 262 263 263 264 264 Reprinted as at 28 November 2013 Building Act 2004 366 367 368 369 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 370 371 371A Who may issue infringement notices 371B Authorisation to issue infringement notice 371C Conditions of authorisation 371D Offence to impersonate enforcement officer 372 373 374 Issue of infringement notices Form of infringement notices Payment of infringement fees Proceedings for offences generally Prosecution of offences Offences punishable on summary conviction [Repealed] Filing charging document Time limit for filing charging document 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 382 383 384 385 386 387 388 389 390 391 265 265 265 265 266 266 267 267
Building Act 2004 Reprinted as at 28 November 2013 392 393 Building consent authority not liable Limitation defences 394 395 396 397 398 399 400 401 Subpart 3—Miscellaneous Service of notices Service of notices Notices in relation to Māori 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 401A Regulations: building consents and consent completion certificates 401B Order in Council declaring work to be restricted building work Regulations: general 402 402A Chief executive must review regulations made under section 402(1)(kb) 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, certain Orders in Council, acceptable solutions, and verification methods 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 Application of Legislation Act 2012 to provisions incorporated by reference Reprinted as at 28 November 2013 Building Act 2004 412 413 414 415 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed] Application of Standards Act 1988 not affected Amendments and
 repeal Amendments to other enactments Repeal 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 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 Building Act 2004 Reprinted as at 28 November 2013 436 437 438 439 440 441 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 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 446 447 448 449 450 When territorial authority may and must act as building consent authority during transition to this Act 451 Chief executive must review building code Review of building code Schedule 1 Building work for which building consent not required 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 307 308 308 309 310 310 310 311 311 311 312 312 312 313 313 314 316 329 331 24 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 3 Schedule 4 Enactments amended 343 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 2010.

Section 2(3): amended, on 15 March 2008, by section 4 of the Building Amend- ment Act 2008 (2008 No 4).
Purpose and principles Purposes This Act has the following purposes: (a) to provide for the regulation of building work, the estab- lishment of a licensing regime for building practition- ers, and the setting of performance standards for build- ings to ensure that— 25 Part 1 s 4 Building Act 2004 Reprinted as at 28 November 2013 (i) (ii) (iii) (iv) people who use buildings can do so safely and without endangering their health; and buildings have attributes that contribute appro- priately to the health, physical independence, and well-being of the people who use them; and 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 devel- opment: (b) to promote the accountability of owners, designers, builders, and building consent authorities who have re- sponsibilities for ensuring that building work complies with the building code.
Section 3: replaced, on 13 March 2012, by section 4 of the Building Amendment Act 2012 (2012 No 23).
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, earthquake-prone, 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 principles that are relevant to the performance of functions or duties im- posed, 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— 4 (1) (2) 26 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 4 (A) (B) the building code as it relates to household units; and the need to ensure that household units comply with the building code: 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: (ii) (iii) the need to ensure that any harmful effect on human health resulting from the use of particular building 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 reasonable and adequate provision is made for persons 27 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Part 1 s 5 Building Act 2004 Reprinted as at 28 November 2013 (l) (m) (n) (o) (p) (q) 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 (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.
the need to ensure that owners, designers, builders, and building consent authorities are each accountable for their role in ensuring that— (i) the necessary building consents and other ap- provals are obtained for proposed building work; and plans and specifications are sufficient to result in building work that (if built to those plans and specifications) complies with the building code; and building work for which a building consent is issued complies with that building consent; and building work for which a building consent is not required complies with the building code.
(ii) (iii) (iv) Compare: 1991 No 150 s 6(2) Section 4(2)(k): amended, on 15 March 2008, by section 5 of the Building Amendment Act 2008 (2008 No 4).

Section 4(2)(q): Amendment Act 2012 (2012 No 23).

inserted, on 13 March 2012, by section 5 of the Building Overview Overview This Act replaces the Building Act 1991.
5 (1) 28 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 5 (2) In this Act,— (a) (b) (c) (iv) Part 3— (i) this Part deals with preliminary matters, including— (i) the purpose of this Act: (ii) interpretation: 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, earthquake-prone, or insani- tary buildings): provisions for the safety of dams: (iii) (ii) 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 building 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: 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: (ii) (iii) (iv) (v) (vi) (d) Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the 29 Part 1 s 6 Building Act 2004 Reprinted as at 28 November 2013 (e) 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: regulation-making 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.

Section 5(2)(c)(ii): amended, on 14 April 2005, by section 16(2)(a) of the Build- ing Amendment Act 2005 (2005 No 31).

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.
(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) 30 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 7 (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 7 Subpart 2—Interpretation General Interpretation In this Act, unless the context otherwise requires,— acceptable solution means an acceptable solution issued under section 22(1) 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, re-erect, repair, enlarge, and extend the building appurtenant structure, in relation to a dam, means a structure that is integral to the safe functioning of the dam as a structure for retaining water or other fluid 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 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— 31 Part 1 s 7 Building Act 2004 Reprinted as at 28 November 2013 (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 includes sitework; and includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; 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 Governor-General by Order in
 Council to be building work for the purposes of Part 4 (b) (c) (d) 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 chief executive means the chief executive of the Ministry classifiable dam has the meaning given to it by regulations made under this Act code compliance certificate means a certificate issued by a building consent authority under section 95 compliance schedule means a compliance schedule required under section 100 consideration, in relation to estimated value, has the meaning given to it in section 2(1) of the Goods and Service Tax Act 1985 construct, in relation to a building, includes to design, build, erect, prefabricate, and relocate the building 32 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 7 crest, in relation to a dam, means the uppermost surface of a dam, not taking into account any camber allowed for settle- ment, or any curbs, parapets, guard rails, or other structures that are not part of the water-retaining structure; and for the avoidance of doubt, any freeboard is part of the water-retain- ing structure for the purposes of this definition 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) (ii) (iii) includes— (i) (ii) 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 [Repealed] (b) (c) 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 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) 33 Part 1 s 7 Building Act 2004 Reprinted as at 28 November 2013 gasfitting; or prescribed electrical work energy work means— (a) (b) energy work certificate means a certificate of the kind re- ferred to in section 19(1)(e) estimated value, in relation to building work, means the es- timated aggregate of the consideration, determined in accord- ance 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 self-supporting; but (c) does not include scaffolding or cranes used for support 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 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 4 of
 the Plumbers, Gasfitters, and Drainlayers Act 2006 high potential impact dam means a dam that has been clas- sified under section 134B as having high potential impact 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, exclu- sively as the home or residence of not more than 1 household; but (ii) 34 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 7 (b) does not include a hostel, boardinghouse, or other spe- cialised accommodation independently qualified person means a person— (a) who is accepted by a territorial authority as being qual- ified to— (i) carry out or supervise all or some of the inspec- tion, maintenance, and reporting procedures re- quired for a specified system stated in a compli- ance schedule; and certify that those procedures have been fully complied with; and (ii) (b) whose acceptance under paragraph (a) has not been withdrawn by the territorial authority 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 large dam means a dam that has a height of 4
 or more metres and holds 20 000 or more cubic metres volume of water or other fluid 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) low potential impact dam means a dam that has been classi- fied under section 134B as having low potential impact 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 (b) 35 Part 1 s 7 Building Act 2004 Reprinted as at 28 November 2013 people from the effects of fire in the course of their es- cape from the fire medium potential impact dam means a dam that has been classified under section 134B as having medium potential im- pact 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 minor customisation, in relation to an application for a build- ing consent that incorporates plans and specifications that have national multiple-use approval, means a minor modification, addition, or variation to those plans and specifications that is permitted by regulations made under section 402(1)(kc) minor variation means a minor modification, addition, or variation to a building consent that is permitted by regulations made under section 402(1)(kd) national multiple-use approval means an approval issued by the chief executive under section 30F 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, biofuel, 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 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 (ii) (b) (c) (d) 36 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 7 (e) undertakes or proposes to undertake a drainage or sew- erage system 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) outbuilding has the same meaning as in the building code owner, in relation to land and any buildings on the land,— (a) means the person who— (b) is entitled to the rack rent from the land; or (i) (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 for the purposes of sections 32, 44, 92, 96, 97, and 176(c), any person who has agreed in writ- ing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or in- terest 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 owner-builder has the meaning given to it by section 90B owner-builder exemption means the exemption for owner- builders set out in section 90D owner-builder status means the status of a person as an owner-builder 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— (a) (b) (c) the Crown; and a corporation sole; and a body of persons (whether corporate or unincorporate) 37 Part 1 s 7 Building Act 2004 Reprinted as at 28 November 2013 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: a mental illness (b) 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 the proposed inspection, maintenance, and re- porting procedures for the purposes of the com- pliance schedule for those specified systems (iii) (b) (c) prescribed means prescribed by regulations made under this Act prescribed electrical work has the meaning given to it by section 2(1) of the Electricity Act 1992 prescribed fee includes a fee calculated in accordance with a rate or method prescribed for this purpose in regulations made under this Act product certification accreditation body means the person referred to in section 261(2) property— (a) (b) includes land, buildings, and goods; but does not include incorporeal forms of property 38 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 7 publicly notify means publish a notice— (a) 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 referable dam has the meaning given to it by regulations made under this Act regional
 authority means— a regional council; or (a) (b) a unitary authority 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 means any building work that is— building work of a kind declared by the Governor-Gen- (a) eral by Order in Council to be restricted building work; or design work of a kind declared by the Governor-General by Order in Council to be restricted building work (b) 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— 39 Part 1 s 7 Building Act 2004 Reprinted as at 28 November 2013 (i) (ii) 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 (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 specialised accommodation means a building that is declared by the Governor-General, 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, or attached to, a building; and contributes to the proper functioning of the build- ing (for example, an automatic sprinkler system); and is declared by the Governor-General, 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) is performed competently; and 40 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 7 (b) complies with the building consent under which it is carried out territorial authority— (a) means a city council or district council named in Part 2 of Schedule 2 of the Local Government Act 2002; and,— (i) (ii) in relation to land within the district of a territor- ial authority, or a building on or proposed to be built on any such land, means that territorial au- thority; and in relation to any part of a coastal marine area (within the meaning of the Resource Manage- ment Act 1991) that is not within the district of a territorial authority, or a building on or proposed to be built on any such part, means the territorial authority whose district is adjacent to that part; and (b) includes the Minister of Conservation or the Minister of Local Government, as the case may be, in any case in which the Minister of Conservation or the Minister of Local Government is the territorial authority under section 22 of the Local
 Government Act 2002 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 verification method issued under section 22(1) 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 (b) 41 Part 1 s 7 Building Act 2004 Reprinted as at 28 November 2013 (c) 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.
Compare: 1991 No 150 s 2 Section 7 acceptable solution: replaced, on 28 November 2013, by section 4(1) of the Building Amendment Act 2013 (2013 No 100).

Section 7 appurtenant structure: amended, on 28 November 2013, by section 4(2) of the Building Amendment Act 2013 (2013 No 100).

Section 7 building work paragraph (b): substituted, on 14 April 2005, by sec- tion 3(1) of the Building Amendment Act 2005 (2005 No 31).
Section 7 building work paragraph (c): added, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

Section 7 building work paragraph (d): added, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

Section 7 classifiable dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).
Section 7 compliance document: repealed, on 28 November 2013 (but any compliance document so defined and in force immediately before this date con- tinues in force according to its terms as an acceptable solution or a verification method or both, as the case may be), by section 4(3)(a) of the Building Amend- ment Act 2013 (2013 No 100).

Section 7 consideration: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).
Section 7 crest: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 dam paragraph (a)(iii): repealed, on 15 March 2008, by section 6(1) of the Building Amendment Act 2008 (2008 No 4).

Section 7 employee paragraph (a): amended, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).
Section 7 enforcement officer: repealed, on 28 November 2013, by section 4(3)(b) of the Building Amendment Act 2013 (2013 No 100).

Section 7 estimated value: amended, on 15 March 2008, by section 6(2) of the Building Amendment Act 2008 (2008 No 4).

Section 7 gasfitting: amended, on 1 April 2010, by section 185 of the Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74).

Section 7 high potential impact dam: section 4(6) of the Building Amendment Act 2013 (2013 No 100).
inserted, on 28 November 2013, by Section 7 independently qualified person: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 large dam: replaced, on 28 November 2013, by section 4(7) of the Building Amendment Act 2013 (2013 No 100).

Section 7 low potential impact dam: inserted, on 28 November 2013, by sec- tion 4(6) of the Building Amendment Act 2013 (2013 No 100).
42 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 8 Section 7 medium potential impact dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 minor customisation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

Section 7 minor variation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).
Section 7 national multiple-use approval: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

Section 7 network utility operator paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

Section 7 outbuilding: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).
Section 7 owner paragraph (b)(ii): substituted, on 15 March 2008, by section 6(3) of the Building Amendment Act 2008 (2008 No 4).

Section 7 owner paragraph (b)(ii): amended, on 13 March 2012, by section 6(9) of the Building Amendment Act 2012 (2012 No 23).

Section 7 owner-builder: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 owner-builder exemption: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).
Section 7 owner-builder status: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 plans and specifications paragraph (c)(iii): amended, on 13 March 2012, by section 6(10) of the Building Amendment Act 2012 (2012 No 23).

Section 7 prescribed: inserted, on 13 March 2012, by section 6(4) of the Build- ing Amendment Act 2012 (2012 No 23).

Section 7 prescribed fee: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).
Section 7 referable dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 restricted building work: replaced, on 13 March 2012, by section 6(5) of the Building Amendment Act 2012 (2012 No 23).

Section 7 specified system paragraph (a)(i): replaced, on 13 March 2012, by section 6(11) of the Building Amendment Act 2012 (2012 No 23).
Section 7 territorial authority: replaced, on 13 March 2012, by section 6(6) of the Building Amendment Act 2012 (2012 No 23).

Section 7 verification method: replaced, on 28 November 2013, by section 4(5) of the Building Amendment Act 2013 (2013 No 100).
Meaning of building 8 (1) Building: what it means and includes In this Act, unless the context otherwise requires, building— 43 Part 1 s 8 Building Act 2004 Reprinted as at 28 November 2013 (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 long- term 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 attachment or base support (except a dish aerial that is less than 2 m wide); and (iii) (iv) (c) (d) (e) 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 non-moving 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.
(b) 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.

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 (2) (3) (4) 44 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 9 Section 8(1)(c): substituted, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).

Section 8(1)(d): added, on 14 April 2005, by section 4 of the Building Amend- ment Act 2005 (2005 No 31).

Section 8(1)(e): added, on 14 April 2005, by section 4 of the Building Amend- ment Act 2005 (2005 No 31).
9 Building: what it does not include In this Act, building does not include— (a) (iii) 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 a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or security fences, oil interception and containment sys- tems, wind turbines, gantries, and similar machinery and other structures (excluding dams) not intended to be occupied that are part of, or related to, a NUO sys- tem; or 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 stand-alone 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 45 (ab) (ac) (b) (c) (d) (e) Part 1 s 10 Building Act 2004 Reprinted as at 28 November 2013 (f) (g) 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 Section 9(ab): inserted, on 15 March 2008, by section 7 of the Building Amend- ment Act 2008 (2008 No 4).

Section 9(ac): inserted, on 13 March 2012, by section 8 of the Building Amend- ment Act 2012 (2012 No 23).
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 (c) (ii) that is— (i) 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 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.
(ii) 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 (2) 46 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 11 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 11 Role of chief executive Under this Act, the chief executive— (a) issues acceptable solutions or verification methods and reviews those documents; and (b) warns against, or bans the use of, particular building methods or products; and (ba) determines applications for national multiple-use ap- (c) (ca) provals; 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 has the functions set out in section 168A in relation to the implementation, administration, and review of this Act; 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 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 (i) (j) 47 Part 1 s 11 Building Act 2004 Reprinted as at 28 November 2013 (k) (l) (m) 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; or to enforce duties or obligations under Part 4A; and (ii) (iii) (n) (o) (p) (pa) (q) (r) 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 issues infringement notices under section 372 and under section 371B authorises persons to issue infringement notices; 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) Section 11(a): amended, on 28 November 2013, by section 75(1) of the Building Amendment Act 2013 (2013 No 100).

Section 11(ba): Amendment Act 2009 (2009 No 25).

inserted, on 1 February 2010, by section 6 of the Building Section 11(ca): Amendment Act 2012 (2012 No 23).

inserted, on 13 March 2012, by section 9 of the Building Section 11(f): amended, on 14 April 2005, by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).
Section 11(h): amended, on 14 April 2005, by section 3(4) of the Building Amendment Act 2005 (2005 No 31).

Section 11(m)(ii): replaced, on 28 November 2013, by section 5(1) of the Build- ing Amendment Act 2013 (2013 No 100).

48 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 12 Section 11(m)(iii): inserted, on 28 November 2013, by section 5(1) of the Build- ing Amendment Act 2013 (2013 No 100).
Section 11(pa): inserted, on 28 November 2013, by section 5(2) of the Building Amendment Act 2013 (2013 No 100).
12 Role of building consent authority and territorial authority (1) Under this Act, a building consent authority— (a) (b) (c) (d) (e) issues building consents, but not if a building consent is required to be subject to a waiver or modification of the building code; and 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) 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) their specified intended life changes; and (iii) 49 Part 1 s 13 Building Act 2004 Reprinted as at 28 November 2013 (j) (k) (l) 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).
Role of regional authority Under this Act, a regional authority— (a) 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 (b) (c) (d) (e) (f) (g) (h) 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 13 14 (1) (2) 50 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 14A (b) 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.
(3) (4) (5) (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 (except section 114(2)(c)), 216 to 218, 220 to 228, 232, 276 to 281, 363A, 371A to 371D, and 374 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority were a reference to a regional authority.
For the purposes of subsection (2), sections 31 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374 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 authority.
The building consent authority and territorial authority must do everything reasonably practicable to liaise with the regional authority in performing functions or duties, or exercising powers, in relation to a building that includes a dam.

Section 14: substituted, on 14 April 2005, by section 5 of the Building Amend- ment Act 2005 (2005 No 31).

Section 14(3)(b): amended, on 28 November 2013, pursuant to the Building Amendment Act 2013 (2013 No 100).
Section 14(3)(b): amended, on 15 March 2008, by section 8(1) of the Building Amendment Act 2008 (2008 No 4).

Section 14(4): amended, on 15 March 2008, by section 8(2) of the Building Amendment Act 2008 (2008 No 4).

Subpart 4—Outline of responsibilities under this Act Subpart 4: inserted, on 13 March 2012, by section 10 of the Building Amend- ment Act 2012 (2012 No 23).
14A Outline of responsibilities under this Act Sections 14B to 14G— 51 Part 1 s 14B Building Act 2004 Reprinted as at 28 November 2013 (a) (b) (c) are not a definitive and exhaustive statement of the re- sponsibilities of the parties but are an outline only: are for guidance only, and in the event of any conflict between any of those sections and any other provision of this Act, the latter prevails: do not reflect the responsibilities of the parties under any other law or enactment or any contract that may be entered into between them and are not intended to add to the existing responsibilities of the parties.
Section 14A: inserted, on 13 March 2012, by section 10 of the Building Amend- ment Act 2012 (2012 No 23).

Section 14A: amended, on 28 November 2013, by section 6(1) of the Building Amendment Act 2013 (2013 No 100).

Section 14A(c): amended, on 28 November 2013, by section 6(2) of the Build- ing Amendment Act 2013 (2013 No 100).
14B Responsibilities of owner An owner is responsible for— (a) (b) obtaining any necessary consents, approvals, and cer- tificates: ensuring that building work carried out by the owner complies with the building consent or, if there is no building consent, with the building code: ensuring compliance with any notices to fix.

(c) Section 14B: inserted, on 13 March 2012, by section 10 of the Building Amend- ment Act 2012 (2012 No 23).
14C Responsibilities of owner-builder An owner-builder is responsible for ensuring that restricted building work carried out under the owner-builder exemption complies with the building consent and the plans and specifi- cations to which the building consent relates.

Section 14C: inserted, on 13 March 2012, by section 10 of the Building Amend- ment Act 2012 (2012 No 23).
14D Responsibilities of designer (1) In subsection (2), designer means a person who prepares plans and specifications for building work or who gives advice on the compliance of building work with the building code.
52 Reprinted as at 28 November 2013 Building Act 2004 Part 1 s 14F (2) A designer is responsible for ensuring that the plans and speci- fications or the advice in question are sufficient to result in the building work complying with the building code, if the build- ing work were properly completed in accordance with those plans and specifications or that advice.

Section 14D: inserted, on 13 March 2012, by section 10 of the Building Amend- ment Act 2012 (2012 No 23).
14E Responsibilities of builder (1) In subsection (2), builder means any person who carries out building work, whether in trade or not.

(2) A builder is responsible for— (a) ensuring that the building work complies with the build- ing consent and the plans and specifications to which the building consent relates: ensuring that building work not covered by a building consent complies with the building code.
(3) A licensed building practitioner who carries out or supervises (b) restricted building work is responsible for— (a) ensuring that the restricted building work is carried out or supervised in accordance with the requirements of this Act; and ensuring that he or she is licensed in a class for carrying out or supervising that restricted building work.

Section 14E: inserted, on 13 March 2012, by section 10 of the Building Amend- ment Act 2012 (2012 No 23).
(b) 14F Responsibilities of building consent authority A building consent authority is responsible for— (a) checking, in accordance with the requirements of this Act for each type of building consent, to ensure that— an application for a building consent complies (i) with the building code: building work has been carried out in accordance with the building consent for that work: issuing building consents and certificates in accordance with the requirements of this Act.
(ii) (b) Section 14F: inserted, on 13 March 2012, by section 10 of the Building Amend- ment Act 2012 (2012 No 23).
53 Part 1 s 14G Building Act 2004 Reprinted as at 28 November 2013 14G Responsibilities of product manufacturer or supplier (1) In subsection (2), product manufacturer or supplier means a person who manufactures or supplies a building product and who states that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code.
(2) A product manufacturer or supplier is responsible for ensur- ing that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code.

Section 14G: inserted, on 28 November 2013, by section 7 of the Building Amendment Act 2013 (2013 No 100).
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: the effect of a national multiple-use approval and how to apply for one: when a project information memorandum is required and how to apply for one: (b) (ba) (c) (d) when a building consent is required and how to apply (e) (f) (g) 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 practitioners: 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: 15 (1) 54 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 17 (h) (i) (j) (k) (l) (m) (n) (o) that a building consent authority may inspect building work for which it has granted a consent: 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, earthquake-prone, 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.

Section 15(1)(ba): inserted, on 1 February 2010, by section 7(1) of the Building Amendment Act 2009 (2009 No 25).

Section 15(1)(c): substituted, on 1 February 2010, by section 7(2) of the Build- ing Amendment Act 2009 (2009 No 25).
16 17 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) 55 Part 2 s 18 Building Act 2004 Reprinted as at 28 November 2013 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- (d) (ca) lowing as establishing compliance with the building code: (a) (b) (ba) (c) compliance with regulations referred to in section 20: compliance with an acceptable solution: compliance with a verification method: a determination to that effect made by the chief execu- tive under subpart 1 of Part 3: a current national multiple-use approval issued under section 30F, if every relevant condition in that national multiple-use approval is met: a current product certificate issued under section 269, if every 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— (e) (2) 56 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 21 (a) must have regard to any relevant warning issued, and ban declared, under section 26(2); and (b) may have regard to any guidance information published by the chief executive under section 175.
Compare: 1991 No 150 s 50 Section 19(1): amended, on 14 April 2005, by section 16(2)(b) of the Building Amendment Act 2005 (2005 No 31).

Section 19(1)(b): replaced, on 28 November 2013, by section 8 of the Building Amendment Act 2013 (2013 No 100).

Section 19(1)(ba): inserted, on 28 November 2013, by section 8 of the Building Amendment Act 2013 (2013 No 100).

Section 19(1)(ca): inserted, on 1 February 2010, by section 8(1) of the Building Amendment Act 2009 (2009 No 25).
Section 19(1)(d): amended, on 1 February 2010, by section 8(2) of the Building Amendment Act 2009 (2009 No 25).

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 products) that have a current product certificate issued under section 269.
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 (1) 57 Part 2 s 22 Building Act 2004 Reprinted as at 28 November 2013 (2) 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 an acceptable solution or a verification method.

Section 21(2): amended, on 28 November 2013, by section 9 of the Building Amendment Act 2013 (2013 No 100).

Acceptable solution or verification method Heading: Amendment Act 2013 (2013 No 100).
replaced, on 28 November 2013, by section 10 of the Building 22 (1) Acceptable solution or verification method for use in establishing compliance with building code The chief executive may, by notice in the Gazette, issue an acceptable solution or a verification method for use in estab- lishing compliance with the building code.
(2) A person who complies with an acceptable solution or a veri- fication method must, for the purposes of this Act, be treated as having complied with the provisions of the building code to which that acceptable solution or verification method relates.

Subsection (2) is subject to any regulations referred to in sec- tion 20.

Section 22: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).
(3) Effect of acceptable solution or verification method A person may comply with an acceptable solution or a veri- fication method in order to comply with the provisions of the building code to which that acceptable solution or verification method relates, but doing so is not the only means of comply- ing with those provisions.

Section 23: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).
23 58 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 25A 24 (1) Chief executive may amend or revoke acceptable solution or verification method The chief executive may, by notice in the Gazette, amend or revoke an acceptable solution or a verification method at any time.

(2) An amendment or a revocation under subsection (1) does not have retrospective effect.

Section 24: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).
Content of acceptable solution or verification method 25 (1) An acceptable solution or a verification method must state— the date on which it comes into force; and (a) (b) whether the acceptable solution or verification method, or parts of it, applies to building work for which a build- ing consent has been issued before the date on which the acceptable solution or verification method comes into force.
(2) An acceptable solution or a verification method must not con- tain a provision that— (a) (b) relates to contractual or commercial requirements; or relates to regulatory approvals, dispensations, or waivers; or is inconsistent with this Act or the regulations.

(c) (3) Material may be incorporated by reference in an acceptable solution or a verification method in accordance with sections 405 to 413.
Section 25: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).
25A Acceptable solutions and verification methods to be available on Ministry’s Internet site The chief executive must ensure that— (a) promptly after a new acceptable solution or verification method is issued, a digital copy is publicly available on the Ministry’s Internet site: even after an acceptable solution or a verification method has been amended or revoked, a digital copy of (b) 59 Part 2 s 26 Building Act 2004 Reprinted as at 28 November 2013 (c) it in its original form continues to be publicly available on the Ministry’s Internet site: promptly after an acceptable solution or a verification method is amended, there are publicly available on the Ministry’s Internet site— (i) (ii) a digital copy of the amendment; and a digital copy of the acceptable solution or veri- fication method in its up-to-date form.
Section 25A: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).

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.

60 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 29 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).

(3) A person who commits an offence under this section is liable on conviction to a fine not exceeding $200,000.

Section 27(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 acceptable solutions, verification methods, warnings, and bans Heading: Amendment Act 2013 (2013 No 100).
replaced, on 28 November 2013, by section 12 of the Building 29 (1) (2) Procedural requirements for acceptable solutions, verification methods, warnings, and bans This section applies if the chief executive proposes to— (a) (b) issue an acceptable solution or a verification method; or amend or revoke an acceptable solution or a verification method; or issue a warning or declare a ban; or amend or revoke a warning or ban.
(c) (d) Before doing any of the things referred to in subsection (1), the chief executive must— 61 Part 2 s 29 Building Act 2004 Reprinted as at 28 November 2013 (a) (b) (c) (d) (b) (c) (d) (e) (f) seek to identify all reasonably practicable options for achieving the objective of the acceptable solution, veri- fication method, 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) publicly notify a statement of proposal; and give persons an opportunity to make submissions on the statement of proposal; and 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 acceptable solution, verification method, 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 the proposed transitional a detailed statement of changes (if any) for the acceptable solution, verification method, warning, or ban; and the date on which the acceptable solution, verification method, warning, or ban is proposed to come into force; and a statement as to whether the acceptable solution, veri- fication method, warning, or ban will apply to building work for which a building consent has been issued be- (3) (4) 62 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 29 fore the date on which the acceptable solution, verifica- tion method, warning, or ban comes into force; and any other information that the chief executive considers relevant.
(g) (5) The chief executive is not required to comply with subsection (2) if the chief executive is satisfied that— (a) the acceptable solution, verification method, or warning needs to be issued, or the ban needs to be declared, ur- gently; or the acceptable solution, verification method, warning, or ban needs to be amended urgently; or the acceptable solution, verification method, warning, or ban needs to be revoked urgently; or the effect of the acceptable solution, verification method, 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) Section 29 heading: amended, on 28 November 2013, by section 13(1) of the Building Amendment Act 2013 (2013 No 100).

Section 29(1)(a): amended, on 28 November 2013, by section 13(2) of the Building Amendment Act 2013 (2013 No 100).

Section 29(1)(b): amended, on 28 November 2013, by section 13(3) of the Building Amendment Act 2013 (2013 No 100).

Section 29(2)(a): amended, on 28 November 2013, by section 13(4) of the Building Amendment Act 2013 (2013 No 100).
Section 29(4)(a): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).

Section 29(4)(d): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).

Section 29(4)(e): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).

Section 29(4)(f): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).
Section 29(5)(a): amended, on 28 November 2013, by section 13(6) of the Building Amendment Act 2013 (2013 No 100).

Section 29(5)(b): amended, on 28 November 2013, by section 13(7) of the Building Amendment Act 2013 (2013 No 100).

Section 29(5)(c): amended, on 28 November 2013, by section 13(7) of the Building Amendment Act 2013 (2013 No 100).

Section 29(5)(d): amended, on 28 November 2013, by section 13(7) of the Building Amendment Act 2013 (2013 No 100).
63 Part 2 s 30 Building Act 2004 Reprinted as at 28 November 2013 30 (1) (2) (3) (b) Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans If section 29(5) applies, the chief executive must— (a) consult on the acceptable solution, verification method, 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 acceptable solution, verification method, warning, or ban.
The chief executive must comply with subsection (1) within 6 months of issuing, amending, replacing, or revoking the ac- ceptable solution, verification method, warning, or ban con- cerned.

In the public notification, the chief executive must— explain the reasons for his or her decision; or (a) (b) state where copies of that explanation may be obtained.

Section 30 heading: amended, on 28 November 2013, by section 14(1) of the Building Amendment Act 2013 (2013 No 100).
Section 30(1)(a): amended, on 28 November 2013, by section 14(2) of the Building Amendment Act 2013 (2013 No 100).

Section 30(1)(b): amended, on 28 November 2013, by section 14(2) of the Building Amendment Act 2013 (2013 No 100).

Section 30(2): amended, on 28 November 2013, by section 14(2) of the Build- ing Amendment Act 2013 (2013 No 100).

National multiple-use approvals Heading: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).
30A National multiple-use approval establishes compliance with building code (2) (1) A national multiple-use approval establishes that the plans and specifications to which it relates comply with the build- ing code.

To avoid doubt, a national multiple-use approval does not con- fer the right to carry out building work that requires a building consent.

Section 30A: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).
64 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 30C 30B How to apply for national multiple-use approval (1) An application for a national multiple-use approval must— (a) (b) (c) (d) 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 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 the chief executive; and (ii) (f) (e) if the application relates to building work for which a compliance schedule is required, be accompanied by a list of all specified systems for the building; and contain or be accompanied by any other information that the chief executive reasonably requires.
(2) An application for an amendment to a national multiple-use approval must be made as if it were an application for a na- tional multiple-use approval, and sections 30A to 30H apply with any necessary modifications.

Section 30B: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).
30C Applications for national multiple-use approval relating (1) (2) (3) to design work that is restricted building work This section applies if an application for a national multiple- use approval is accompanied by plans and specifications that contain design work (relating to building work) that is re- stricted building work.

The design work referred to in subsection (1) must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.
The plans and specifications that contain the design work re- ferred to in subsection (1) must be accompanied by a certificate of work— (a) provided by 1 or more licensed building practitioners who carried out or supervised that design work; and that identifies that design work; and that states— (b) (c) 65 Part 2 s 30D Building Act 2004 Reprinted as at 28 November 2013 (i) that the design work complies with the building code; or (ii) whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.
Section 30C: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).

Section 30C(1): replaced, on 28 November 2013, by section 15 of the Building Amendment Act 2013 (2013 No 100).

Section 30C(3): amended, on 13 March 2012, by section 13 of the Building Amendment Act 2012 (2012 No 23).
30D Chief executive must decide whether to accept, for processing, application for national multiple-use approval The chief executive must, as soon as practicable after receiving an application for a national multiple-use approval,— (a) decide whether to accept that application for process- ing; and give written notice of his or her decision to the appli- cant; and if the chief executive decides to refuse to accept the ap- plication for processing, state the reasons for the refusal in the notice given under paragraph (b).
(b) (c) The chief executive may require further reasonable informa- tion in respect of the application.
The chief executive may refuse to accept for processing an ap- plication for a national multiple-use approval only if the chief executive is satisfied, on reasonable grounds, that the applica- tion— (a) (b) does not meet the requirements of this Act; or includes a building method or product in relation to which the chief executive has publicly notified a ban under section 26; or does not meet the prescribed eligibility criteria (if any) for a national multiple-use approval.
(c) Section 30D: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).

(1) (2) (3) 66 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 30F (2) 30E Processing application for national multiple-use approval The chief executive must, after accepting for processing an ap- (1) plication for a national multiple-use approval, decide whether to— issue the national multiple-use approval; or (a) (b) refuse to issue the national multiple-use approval.
If regulations made under section 402(1)(kb) are in force, the chief executive must make the decision referred to in subsec- tion (1) within the period of time prescribed in those regula- tions.
The chief executive may require further reasonable informa- tion in respect of an application for a national multiple-use ap- proval before making the decision referred to in subsection (1), and any prescribed period of time within which that decision must be made is suspended until the chief executive receives that information.

Section 30E: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).
(3) 30F Issue of national multiple-use approval (1) (b) (c) The chief executive must issue a national multiple-use ap- proval if he or she is satisfied, on reasonable grounds, that— the application meets the requirements of section 30B; (a) and the applicant has paid the prescribed fee (if any); and the application meets the prescribed eligibility criteria for a national multiple-use approval (if any); and the application does not involve the use of a building method or product in relation to which the chief execu- tive has publicly notified a ban under section 26; and if building work were properly completed in accordance with the plans and specifications that accompanied the application, that building work would comply with the building code.
(d) (e) (2) A national multiple-use approval may be issued subject to— (a) (b) a waiver or modification of the building code; and 1 or more conditions, including, but not limited to, con- ditions that the approval applies only— (i) in specified regions; or 67 Part 2 s 30G Building Act 2004 Reprinted as at 28 November 2013 (ii) (iii) (iv) in specified climates or conditions; or to specified aspects of the building work; or if the building work complies with specified re- quirements.
Section 30F: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).

30G Refusal to issue national multiple-use approval If the chief executive is not satisfied of the matters in section 30F, the chief executive must refuse to issue a national mul- tiple-use approval and must give the applicant written notice of— (a) (b) Section 30G: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).
the refusal; and the reasons for the refusal.
30H Suspension or revocation of national multiple-use (1) approval The chief executive may, at any time, suspend or revoke a na- tional multiple-use approval, if the chief executive is satisfied that— (a) the approval was obtained by fraud, misrepresentation, or the concealment of facts; or the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or building work properly completed in accordance with the approval will no longer comply with the building code because of an amendment to the code.
(b) (c) (2) Before revoking or suspending a national multiple-use ap- proval the chief executive must give the holder of the approval a reasonable opportunity to be heard.
(3) When suspending a national multiple-use approval, the chief executive must— (a) give the holder of the approval a reasonable period to rectify the matter that led to the suspension of the na- tional multiple-use approval; and 68 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 31 (b) lift the suspension if the chief executive is satisfied that the holder of the approval has rectified the matter within that period.
(4) Despite subsections (1) and (3), the chief executive must not suspend or revoke a national multiple-use approval if— (a) amendments are made to— (i) the prescribed eligibility criteria for a national multiple-use approval; or the building code; and (ii) the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code, solely as a result of those amendments.
(b) (5) (6) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments referred to in that subsection come into force.

The chief executive must record the suspension or revocation of a national multiple-use approval in the register of national multiple-use approvals.

Section 30H: inserted, on 1 February 2010, by section 9 of the Building Amend- ment Act 2009 (2009 No 25).
Subpart 3—Building work—Project 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.
(2) Subsection (1) does not apply if— 69 Part 2 s 32 Building Act 2004 Reprinted as at 28 November 2013 (a) (b) the building consent authority is the territorial authority for the district in which the proposed building work is to be situated; or a project information memorandum has been issued be- fore the application for a building consent is made.

Section 31(2)(a): amended, on 1 February 2010, by section 10 of the Building Amendment Act 2009 (2009 No 25).
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) any fees and charges imposed by the territorial authority under section 219; 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.
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.
(2) 70 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 34 (3) (c) 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 (iii) for disposing of stormwater and wastewater; and 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.
(d) Compare: 1991 No 150 s 30(3) Section 33(1)(a): replaced, on 13 March 2012, by section 14 of the Building Amendment Act 2012 (2012 No 23).

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) 71 Part 2 s 35 Building Act 2004 Reprinted as at 28 November 2013 Content of project information memorandum 35 (1AA) A project information memorandum must be issued in the prescribed form (if any).
(1) A project information memorandum must include— 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) (ii) relate to the proposed building work; or are on, or adjacent to, the site of the proposed building work; and 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 (a) (b) (c) (d) (e) 72 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 35 (f) (g) (h) (i) 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) if section 75 applies, the statement referred to in section 75(2); and if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with— (i) section 118 (relating to access and facilities for persons with disabilities to and within buildings); and the provisions of the building code that relate to providing for persons with disabilities to have ac- cess to buildings and to facilities within build- ings.
In this section,— land concerned— (a) means the land on which the proposed building work is (ii) (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 (b) 73 (2) Part 2 s 36 Building Act 2004 Reprinted as at 28 November 2013 (c) is not apparent from the district plan under the Resource Management Act 1991.
Compare: 1991 No 150 s 31(2)–(4) Section 35(1AA): inserted, on 1 February 2010, by section 11 of the Building Amendment Act 2009 (2009 No 25).

Section 35(1)(h): amended, on 15 March 2008, by section 10 of the Building Amendment Act 2008 (2008 No 4).

Section 35(1)(i): added, on 15 March 2008, by section 10 of the Building Amendment Act 2008 (2008 No 4).
Territorial authority may issue development contribution notice This section applies if a territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner.

The territorial authority must issue a notice, in the prescribed form, to the effect that a code compliance certificate for the building work will not be issued unless the development con- tribution is paid (development contribution notice).
The development contribution notice must be— (a) (b) attached to the project information memorandum; or if no project information memorandum has been ap- plied for, provided to the building consent authority.

Section 36: substituted, on 1 February 2010, by section 12 of the Building Amendment Act 2009 (2009 No 25).
(b) Territorial authority must issue certificate if resource consent required 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 or an application for a building consent relates.
The territorial authority must issue a certificate, in the pre- scribed form, to the effect that until the resource consent has been obtained— (a) no building work may proceed; or 36 (1) (2) (3) 37 (1) (2) 74 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 39 (3) 38 39 (1) (b) building work may only proceed to the extent stated in the certificate.
The certificate must be— (a) (b) attached to the project information memorandum; or if no project information memorandum has been ap- plied for, provided to the building consent authority.

Compare: 1991 No 150 s 35(1A) Section 37 heading: substituted, on 1 February 2010, by section 13(1) of the Building Amendment Act 2009 (2009 No 25).

Section 37(1)(b): amended, on 1 February 2010, by section 13(2) of the Build- ing Amendment Act 2009 (2009 No 25).
Section 37(2): amended, on 1 February 2010, by section 13(3) of the Building Amendment Act 2009 (2009 No 25).

Section 37(3): added, on 1 February 2010, by section 13(4) of the Building Amendment Act 2009 (2009 No 25).
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 This section applies if— (a) an application for a project information memorandum, or for a building consent, affects a registered historic place, historic area, wāhi tapu, or wāhi tapu area; and the territorial authority has not previously advised the New Zealand Historic Places Trust about the building work to which that application relates.
(b) (2) The territorial authority must advise the New Zealand Historic Places Trust within 5 days after receiving the application.

Compare: 1991 No 150 s 30(4) Section 39: substituted, on 1 February 2010, by section 14 of the Building Amendment Act 2009 (2009 No 25).
75 Part 2 s 40 Building Act 2004 Reprinted as at 28 November 2013 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 on conviction to a fine not exceeding $200,000 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.

Compare: 1991 No 150 s 32(1) Section 40(3): amended, on 28 November 2013, by section 16 of the Building Amendment Act 2013 (2013 No 100).

Section 40(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 for which a building consent is not required (see section 42A); 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) any energy work that, under section 43, does not require a building consent; or 76 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 42A (e) any building work that a territorial authority is author- ised to carry out under this Act.
(2) The Governor-General may, by Order in Council, amend Schedule 1 by— (a) adding any building work or class of building work to Schedule 1 as being building work for which a building consent is not required: extending or clarifying the scope of any building work or class of building work listed in Schedule 1 as building work for which a building consent is not required: restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1.
(b) (c) Compare: 1991 No 150 s 32(2), (3) Section 41(1)(b): replaced, on 28 November 2013, by section 17(1) of the Building Amendment Act 2013 (2013 No 100).

Section 41(2): replaced, on 28 November 2013, by section 17(2) of the Building Amendment Act 2013 (2013 No 100).
42 (1) 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) 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 on conviction to a fine not exceeding $5,000.

Section 42(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
42A Building work for which building consent is not required under Schedule 1 (1) Despite section 40, subject to the conditions set out in subsec- tion (2) and whether or not a building consent would other- wise have been required, a building consent is not required for building work in the following categories: (a) building work described in Part 1 of Schedule 1; or 77 Part 2 s 43 Building Act 2004 Reprinted as at 28 November 2013 (b) (c) building work described in Part 2 of Schedule 1 that is carried out by an authorised person (see subsection (3)); or building work described in Part 3 of Schedule 1 if the design of the building work has been carried out or re- viewed by a chartered professional engineer and the building work has been carried out in accordance with that design.
(2) (3) Subsection (1) is subject to the following conditions: (a) the building work complies with the building code to the extent required by this Act: after the building work is completed, the building,— (i) (b) if it complied with the building code immedi- ately before the building work began, continues to comply with the building code; or if it did not comply with the building code imme- diately before the building work began, continues to comply at least to the same extent as it did then comply: (ii) (c) (d) the building work does not breach any other enactment: the building to which the building work relates is not a building that is required to be licensed under the Haz- ardous Substances and New Organisms Act 1996.
In subsection (1)(b), authorised person means a person who is authorised under the Plumbers, Gasfitters, and Drainlayers Act 2006 to do the work, except for a person who is authorised under section 15, 16, 19, or 25 of that Act.

Section 42A: inserted, on 28 November 2013, by section 18 of the Building Amendment Act 2013 (2013 No 100).

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) 78 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 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 45 (ii) 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 (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.

(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) (ba) 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) if a national multiple-use approval has been issued in relation to some or all of the plans and specifications required under paragraph (b), be accompanied by— (i) a copy of that national multiple-use approval; and 79 Part 2 s 45 Building Act 2004 Reprinted as at 28 November 2013 (ii) details of any proposed minor customisations; and (c) (d) (e) (f) (g) contain or be accompanied by any other information that the building consent authority reasonably requires; and be accompanied by any fees and charges imposed by the building consent authority under section 240; 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— (A) (B) 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.
(C) (ii) If an application for a building consent is accompanied by plans and specifications that contain design work (relating to building work) that is restricted building work, that design work must be carried out or supervised by 1 or more licensed (2) 80 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 45 (3) building practitioners who are licensed to carry out or super- vise that work.
The plans and specifications that contain the design work re- ferred to in subsection (2) must be accompanied by a certificate of work— (a) provided by 1 or more licensed building practitioners who carried out or supervised that design work; and that identifies that design work; and that states— (i) that the design work complies with the building code; or (b) (c) (ii) whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.
(3A) A certificate of work provided under subsection (3) does not, of itself,— (a) (b) create any liability in relation to any matter to which the certificate of work relates; or give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the certificate of work.
(4) An application for an amendment to a building consent must,— (a) (b) in the case of a minor variation, be made in accordance with section 45A; and in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51 apply with any necessary modifications.
(5) The application must be accompanied by a statutory declar- ation, in the prescribed form, as to owner-builder status— (a) if the building work includes restricted building work to be carried out by the owner-builder; or if any accompanying plans or specifications contain de- sign work that is restricted building work and that has been carried out by the owner-builder.
(b) Compare: 1991 No 150 s 33(2), (4) Section 45(1)(ba): inserted, on 1 February 2010, by section 15(1) of the Build- ing Amendment Act 2009 (2009 No 25).

81 Part 2 s 45A Building Act 2004 Reprinted as at 28 November 2013 Section 45(1)(d): replaced, on 13 March 2012, by section 18(2) of the Building Amendment Act 2012 (2012 No 23).

Section 45(2): substituted, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
Section 45(2): amended, on 28 November 2013, by section 19(1) of the Build- ing Amendment Act 2013 (2013 No 100).

Section 45(3): substituted, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(3): amended, on 28 November 2013, by section 19(2) of the Build- ing Amendment Act 2013 (2013 No 100).

Section 45(3A): inserted, on 28 November 2013, by section 19(3) of the Build- ing Amendment Act 2013 (2013 No 100).
Section 45(4): substituted, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(5): replaced, on 13 March 2012, by section 18(1) of the Building Amendment Act 2012 (2012 No 23).

45A Minor variations to building consents (1) An application for a minor variation to a building consent— is not required to be made in the prescribed form; but (a) (b) must comply with all other applicable requirements of section 45.
(2) Sections 48 to 50 apply, with all necessary modifications, to an application for a minor variation.

(3) A building consent authority that grants a minor variation— (a) must record the minor variation in writing; but (b) Section 45A: inserted, on 1 February 2010, by section 16 of the Building Amendment Act 2009 (2009 No 25).

is not required to issue an amended building consent.
45B Changes to plans and specifications that have national multiple-use approval (1) When applying for a building consent in reliance on plans and specifications for which a national multiple-use approval has been issued, or for an amendment to such a building consent under section 45(4), changes may be made to those plans and specifications if— (a) the changes are permitted under the terms of the na- tional multiple-use approval; or the changes are minor customisations permitted by regulations made under section 402(1)(kc).
(b) 82 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 47 (2) 46 (1) If any other changes are made to the plans and specifications referred to in subsection (1), the national multiple-use ap- proval does not apply.

Section 45B: inserted, on 1 February 2010, by section 16 of the Building Amendment Act 2009 (2009 No 25).
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.

(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 consent 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 fire-fighting.
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.
83 Part 2 s 48 Building Act 2004 Reprinted as at 28 November 2013 Processing application for building consent 48 (1) After receiving an application for a building consent that com- plies with section 45, a building consent authority must, within the time limit specified in subsection (1A),— (a) (b) grant the application; or refuse the application.
(1A) The time limit is— (a) (b) if the application includes plans and specifications in relation to which a national multiple-use approval has been issued, within 10 working days after receipt by the building consent authority of the application; and in all other cases, within 20 working days after receipt by the building consent authority of the application.
(3) (2) A building consent authority may, within the period specified in subsection (1A), require further reasonable information in respect of the application, and, if it does so, the period is sus- pended until it receives that information.
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) Section 48(1): substituted, on 1 February 2010, by section 17(1) of the Building Amendment Act 2009 (2009 No 25).

Section 48(1A): inserted, on 1 February 2010, by section 17(1) of the Building Amendment Act 2009 (2009 No 25).

Section 48(2): amended, on 1 February 2010, by section 17(2) of the Building Amendment Act 2009 (2009 No 25).
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 84 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 51 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) any charge or fee fixed by it in relation to the consent; and any levy payable under section 53.

(b) [Repealed] (c) Compare: 1991 No 150 s 34(3) Section 49(2)(a): amended, on 13 March 2012, by section 19 of the Building Amendment Act 2012 (2012 No 23).
Section 49(2)(b): amended, on 6 August 2010, by section 4(2)(a) of the Af- fordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).

Section 49(2)(c): repealed, on 6 August 2010, by section 4(2)(b) of the Af- fordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).
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) (ba) be issued in the prescribed form; and have attached to it a copy of— (i) (ii) the project information memorandum (if any) for the building work to which the building consent relates; and a development contribution notice under section 36 (if any); and (iii) a certificate issued under section 37 (if any); and contain confirmation that the New Zealand Historic Places Trust has been notified under section 39 (if applicable); and 85 Part 2 s 51 Building Act 2004 Reprinted as at 28 November 2013 (c) (d) (ii) 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) 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) (3) If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compli- ance with subsection (1)(b) or (ba), the building consent au- thority may grant the building consent despite that subsection.

(4) However, the building consent authority must, on receiving the document or information referred to in subsection (3), pro- vide the owner with the document or information.
Compare: 1991 No 150 s 35(1), (3) Section 51(1)(b)(i): amended, on 1 February 2010, by section 18(1) of the Building Amendment Act 2009 (2009 No 25).

Section 51(1)(ba): inserted, on 1 February 2010, by section 18(2) of the Build- ing Amendment Act 2009 (2009 No 25).

Section 51(3): substituted, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).

Section 51(4): substituted, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).
86 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 53 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) (3) (4) (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.

Subsection (2)(a)(ii) is subject to section 431.


The chief executive may, in his or her discretion, refund all or part of the levy if the building consent lapses by paying the refund to the applicant or to the relevant building consent authority.

Compare: 1991 No 150 s 23B(1), (2) Section 53(1): substituted, on 14 April 2005, by section 7(1) Building Amend- ment Act 2005 (2005 No 31).

Section 53(2)(b)(ii): amended, on 14 April 2005, by section 7(2)(a) of the Build- ing Amendment Act 2005 (2005 No 31).
Section 53(4): Amendment Act 2012 (2012 No 23).

inserted, on 13 March 2012, by section 20 of the Building 87 Part 2 s 54 Building Act 2004 Reprinted as at 28 November 2013 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.
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: amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).
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) 54 55 56 57 (1) (2) 88 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 59 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.
(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 on conviction to a fine not exceeding $5,000.
Compare: 1991 No 150 s 23C(1) Section 58(1): amended, on 14 April 2005, by section 7(2)(b) of the Building Amendment Act 2005 (2005 No 31).

Section 58(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
(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) Section 59(1): amended, on 14 April 2005, by section 7(2)(c) of the Building Amendment Act 2005 (2005 No 31).
89 Part 2 s 60 Building Act 2004 Reprinted as at 28 November 2013 Section 59(2): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).

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.

Subsection (1) is subject to section 61.


Compare: 1991 No 150 s 23C(4) (2) 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 61 (1) (2) 62 (1) (2) 90 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 64 (b) 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.
Compare: 1991 No 150 s 23C(8) 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 on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 23F Section 63(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 (b) 91 Part 2 s 65 Building Act 2004 Reprinted as at 28 November 2013 (c) the date of payment of the levy to the territorial author- ity.
(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,— (a) require a territorial authority to make available for examination the following records of the territorial authority: records of building consents; and (i) (ii) financial records; and 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) Section 64(1): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).
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— 66 92 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 69 (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 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.

Section 67(3): substituted, on 14 April 2005, by section 8 of the 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) 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 persons 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.
93 Part 2 s 70 Building Act 2004 Reprinted as at 28 November 2013 (3) 70 (1) (2) (3) This section does not apply to a waiver or modification of the building code that relates to a new building or that is contained in a national multiple-use approval.

Section 69(1)(b): amended, on 15 March 2008, by section 12 of the Building Amendment Act 2008 (2008 No 4).

Section 69(3): amended, on 1 February 2010, by section 19 of the Building Amendment Act 2009 (2009 No 25).
Applications relating to energy work This section applies if any part of an application for a building consent— (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.

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 94 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 72 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 the building work is likely to accelerate, worsen, or re- sult in a natural hazard on that land or any other prop- erty.
(b) (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 that is a ter- ritorial 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 95 Part 2 s 73 Building Act 2004 Reprinted as at 28 November 2013 (b) (c) 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.
Compare: 1991 No 150 s 36(2) Section 72: amended, on 15 March 2008, by section 13 of the Building Amend- ment Act 2008 (2008 No 4).
Conditions on building consents granted under section 72 73 (1) A building consent authority that is a territorial 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 Māori land, the Registrar of the Maori Land Court; and in any other case, the Registrar-General of Land.
(c) The notification under subsection (1)(a) or (b) must be accom- panied by a copy of any project information memorandum that has been issued and that relates to the building consent in ques- tion.

The notification under subsection (1)(c) must identify the nat- ural hazard concerned.

Compare: 1991 No 150 s 36(2), (3) (2) (3) Section 73(1): amended, on 15 March 2008, by section 14 of the Building Amendment Act 2008 (2008 No 4).
Section 73(2): amended, on 1 February 2010, by section 20 of the Building Amendment Act 2009 (2009 No 25).
Steps after notification 74 (1) On receiving a notification under section 73,— (a) the Surveyor-General or the Registrar of the Maori Land Court, as the case may be, must enter in his or 96 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 75 (b) her records the particulars of the notification together with a copy of any project information memorandum that accompanied the notification: the Registrar-General 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) (2) (3) (4) 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 Registrar-General of Land does not need to record another entry on the duplicate.
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 Surveyor-Gen- eral, the Registrar of the Maori Land Court, or the Regis- trar-General 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) Section 74(1)(a): amended, on 1 February 2010, by section 21 of the Building Amendment Act 2009 (2009 No 25).
Limitations and restrictions on building consents: Construction of building on 2 or more allotments 75 (1) Construction of building on 2 or more allotments This section applies if— (a) an application for a project information memorandum or for a building consent 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 subdiv- 97 Part 2 s 76 Building Act 2004 Reprinted as at 28 November 2013 isions (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 issue a certificate that states that, as a condition of the grant of a building consent for the build- ing work to which the application relates, 1 or more of those allotments specified by the territorial authority (the specified allotments) must not be transferred or leased except in con- junction with any specified other or others of those allotments.
Compare: 1991 No 150 s 37(1), (2) Section 75(1)(a): amended, on 1 February 2010, by section 22(1) of the Build- ing Amendment Act 2009 (2009 No 25).

Section 75(2): substituted, on 1 February 2010, by section 22(2) of the Building Amendment Act 2009 (2009 No 25).
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 the owner has applied to the Registrar-General of Land under section 82 for the Registrar’s consent to the prep- aration of a plan (as defined by that section).

(b) 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) 76 (1) (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 the certificate under 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 Registrar-General of Land.

authenticated by the territorial authority; and signed by the owner.

(3) (4) 98 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 80 (5) 78 (1) (2) (3) 79 80 (1) The building consent authority must note, on the building con- sent, the condition imposed in the certificate.
Section 77(1): amended, on 1 February 2010, by section 23(1) of the Building Amendment Act 2009 (2009 No 25).

Section 77(5): added, on 1 February 2010, by section 23(2) of the Building Amendment Act 2009 (2009 No 25).
Registrar-General 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 Registrar-General 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 that certificate.

The Registrar-General 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) Section 78(1): amended, on 1 February 2010, by section 24 of the Building Amendment Act 2009 (2009 No 25).

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- 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 (b) 99 Part 2 s 81 Building Act 2004 Reprinted as at 28 November 2013 (2) (c) 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.
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 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) Registrar-General of Land may require preparation of plan If a certificate referred to in section 77 is lodged with the Registrar-General of Land, but the Registrar-General 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- trar-General may require that— (a) a plan be deposited under the Land Transfer Act 1952; and (1) (2) (3) 82 (1) 100 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 83 (2) 83 (1) (2) (3) (4) (b) 1 or more certificates of title under that Act be issued for the land in terms of the plan.
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.

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 Registrar-Gen- 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 Registrar-General 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 101 Part 2 s 84 Building Act 2004 Reprinted as at 28 November 2013 (5) (6) (7) 84 (b) any mortgage, charge, or lien whose application was extended to additional land under section 80.
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 Registrar-General 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) 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 All restricted building work must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise the work.
Section 84: amended, on 15 March 2008, by section 15 of the Building Amend- ment Act 2008 (2008 No 4).

85 Offences relating to carrying out or supervising restricted building work (1) A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of restricted building work of that kind.
102 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 86 (2) A person who is a licensed building practitioner commits an offence if he or she— (a) (b) carries out restricted building work and is not licensed to carry out restricted building work of that kind; or supervises restricted building work and is not licensed to carry out or supervise the carrying out of restricted building work of that kind.
(3) Subsection (1) and (2)(a) do not apply to a person to whom the owner-builder exemption applies in respect of the restricted building work in question.

(4) A person who commits an offence under this section is liable to a fine not exceeding $20,000.

Section 85: replaced, on 13 March 2012, by section 23 of the Building Amend- ment Act 2012 (2012 No 23).
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 that person— (a) (b) engages another person to carry out restricted building work; and knows that the other person is not— (i) (ii) a licensed building practitioner; or a licensed building practitioner who is licensed to carry out the restricted building work.
(1A) A person commits an offence if that person— (a) (b) engages another person to supervise the carrying out of restricted building work; and knows that the other person is not— (i) (ii) a licensed building practitioner; or a licensed building practitioner who is licensed to carry out or supervise the carrying out of the restricted building work.
(1B) This section does not apply in the case of any unpaid friend or family member of an owner-builder who is engaged to assist the owner-builder in carrying out restricted building work.

(2) A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

103 Part 2 s 87 Building Act 2004 Reprinted as at 28 November 2013 Section 86(1): replaced, on 13 March 2012, by section 24 of the Building Amendment Act 2012 (2012 No 23).
Section 86(1A): inserted, on 13 March 2012, by section 24 of the Building Amendment Act 2012 (2012 No 23).

Section 86(1B): inserted, on 13 March 2012, by section 24 of the Building Amendment Act 2012 (2012 No 23).

Section 86(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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) 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) This section does not apply in the case of a licensed building practitioner who, as an unpaid friend or family member of an owner-builder, is engaged to assist the owner-builder in carry- ing out restricted building work.
Section 87(4): Amendment Act 2012 (2012 No 23).

inserted, on 13 March 2012, by section 25 of the Building (3) (4) 104 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 88 87A Notices to building consent authority when owner-builder (1) (2) (3) carries out restricted building work This section applies when, under the owner-builder exemp- tion, an owner-builder carries out restricted building work under a building consent.
If the building consent application was not accompanied by a statutory declaration as to owner-builder status, the owner must give the building consent authority a notice that the owner-builder is to carry out restricted building work.

The owner must give the building consent authority a notice— if there is a change in the owner-builder carrying out the (a) restricted building work; or (b) when the owner-builder ceases to carry out the restricted building work.
(4) A notice under this section must— (a) (b) (c) be in the prescribed form; and if it is a notice required under subsection (2) or (3)(a), be accompanied by a statutory declaration as to owner- builder status; and be given— (i) before the building work begins, if it is a notice required by subsection (2): as soon as practicable, if it is a notice required by subsection (3).

(ii) (5) A person who contravenes this section commits an offence and is liable to a fine not exceeding $20,000.
Section 87A: inserted, on 13 March 2012, by section 26 of the Building Amend- ment Act 2012 (2012 No 23).
88 (1) (2) Licensed building practitioner to provide record of work in respect of restricted building work Each licensed building practitioner who carries out (other than as an owner-builder) or supervises restricted building work under a building consent must, on completion of the restricted building work, provide the persons specified in subsection (2) with a record of work, in the prescribed form, stating what restricted building work the licensed building practitioner car- ried out or supervised.
The persons are— 105 Part 2 s 89 Building Act 2004 Reprinted as at 28 November 2013 (a) (b) the owner; and the territorial authority for the district in which the re- stricted building work is situated.
[Repealed] (3) (4) A record of work given under subsection (1) does not, of it- self,— (a) (b) create any liability in relation to any matter to which the record of work relates; or give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the record of work.

(5) Subsection (4) does not limit section 397(c).

Section 88 heading: amended, on 13 March 2012, by section 27(1) of the Build- ing Amendment Act 2012 (2012 No 23).
Section 88(1): replaced, on 13 March 2012, by section 27(2) of the Building Amendment Act 2012 (2012 No 23).

Section 88(3): repealed, on 13 March 2012, by section 27(3) of the Building Amendment Act 2012 (2012 No 23).

Section 88(4): replaced, on 13 March 2012, by section 27(4) of the Building Amendment Act 2012 (2012 No 23).
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— (a) 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.
(b) (c) (2) 106 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 90B 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 4A—Restricted building work carried out by owner-builders Subpart 4A: inserted, on 13 March 2012, by section 29 of the Building Amend- ment Act 2012 (2012 No 23).

90A Purpose of this subpart The purpose of this subpart is to enable homeowners to build and alter their own homes.

Section 90A: inserted, on 13 March 2012, by section 29 of the Building Amend- ment Act 2012 (2012 No 23).
90B Meaning of owner-builder (1) An owner-builder, in relation to restricted building work, means a natural person who— (a) (b) has a relevant interest in the land or the building on which the restricted building work is carried out; and resides, or intends to reside, in the household unit in relation to which the restricted building work is carried out; and 107 Part 2 s 90C Building Act 2004 Reprinted as at 28 November 2013 (c) (d) carries out the restricted building work himself or her- self or with the assistance of his or her unpaid friends and family members; and has not, under the owner-builder exemption, carried out restricted building work in relation to a different house- hold unit within the previous 3 years.
(2) For the purposes of subsection (1)(b), reside includes tem- porarily reside.

Section 90B: inserted, on 13 March 2012, by section 29 of the Building Amend- ment Act 2012 (2012 No 23).
90C Meaning of relevant interest For the purposes of section 90B(1)(a), relevant interest, in relation to the land or the building on which restricted building work is carried out, means a legal or equitable interest in the land or building; and includes— (a) a right of occupancy of the land or building or part of the building; or a right, power, or privilege over, or in connection with, the land or building.
(b) Section 90C: inserted, on 13 March 2012, by section 29 of the Building Amend- ment Act 2012 (2012 No 23).

(2) 90D Owner-builder exemption (1) A person who is an owner-builder in relation to restricted building work may carry out that restricted building work without being supervised by a licensed building practitioner.
Subsection (1) does not apply if the restricted building work in question is low-risk building work under a low-risk building consent, simple residential building work under a simple resi- dential building consent, or commercial building work under a commercial building consent.

Section 90D: inserted, on 13 March 2012, by section 29 of the Building Amend- ment Act 2012 (2012 No 23).
108 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 92 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 the building consent authority that it is proposed will issue the code compliance certificate.
(b) (3) 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) (4) The owner of the building to which the building work relates must apply for a certificate of acceptance under section 96.

Section 91(3)(a): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).

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) as soon as practicable after the building work is com- pleted; and in the prescribed form; and either— (b) (c) (2) 109 Part 2 s 93 Building Act 2004 Reprinted as at 28 November 2013 (2A) (3) (4) (i) (ii) 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.
If applicable, the owner must include with the application any records of work provided by licensed building practitioners under section 88(1).

[Repealed] 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) Section 92(2A): replaced, on 28 November 2013, by section 21(1) of the Build- ing Amendment Act 2013 (2013 No 100).

Section 92(3): repealed, on 28 November 2013, by section 21(2) of the Building Amendment Act 2013 (2013 No 100).
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) (b) 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) (2) 110 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 94 (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.
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.
(2) (3) 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.
111 Part 2 s 95 Building Act 2004 Reprinted as at 28 November 2013 (4) (5) 95 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 a copy of a written agreement between the owner and the territorial authority that the code compliance certifi- cate may be issued.
(b) 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 fees and charges imposed by the (c) building consent authority under section 240.

Compare: 1991 No 150 s 43(3) Section 95(c): replaced, on 13 March 2012, by section 36(3) of the Building Amendment Act 2012 (2012 No 23).
95A Refusal to issue code compliance certificate If a building consent authority refuses to issue a code compli- ance certificate, the building consent authority must give the applicant written notice of— the refusal; and (a) (b) the reasons for the refusal.

Section 95A: inserted, on 15 March 2008, by section 20 of the Building Amend- ment Act 2008 (2008 No 4).
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— 112 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 97 (a) (b) (c) (d) 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 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 the application for the certificate of acceptance was made before 31 March 2010.
(ii) (iii) (iv) (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) Section 96(1): substituted, on 14 April 2005, by section 10 of the Building Amendment Act 2005 (2005 No 31).
97 How to apply for certificate of acceptance An application for a certificate of acceptance must— (a) be in the prescribed form; and 113 Part 2 s 98 Building Act 2004 Reprinted as at 28 November 2013 (b) (c) (d) (e) (f) (g) (h) 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) contain or be accompanied by any other information that the territorial authority reasonably requires; and be accompanied by any fees and charges imposed by the territorial authority under section 219; 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 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) Section 97(d): replaced, on 13 March 2012, by section 39 of the Building Amendment Act 2012 (2012 No 23).

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 114 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 100 of the application, and, if it does so, the period is suspended until it receives the information.
Issue of certificate of acceptance 99 (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.
99A Refusal of application for certificate of acceptance If a territorial authority refuses to grant an application for a certificate of acceptance, the territorial authority must give the applicant written notice of— the refusal; and (a) (b) the reasons for the refusal.

Section 99A: inserted, on 15 March 2008, by section 21 of the Building Amend- ment Act 2008 (2008 No 4).
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) 115 (3) (4) (5) Part 2 s 101 Building Act 2004 Reprinted as at 28 November 2013 (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.
(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) The requirement in subsections (1) and (2) that a building have a compliance schedule if it has a cable car attached to it or servicing it is satisfied, in the case of a cable car that is attached to or services more than 1 building, if any of the buildings in question have a compliance schedule for the cable car.

Except to the extent that it provides, subsection (4) does not relieve an owner of any of the obligations under sections 105 to 110.
Section 100: substituted, on 14 April 2005, by section 11 of the Building Amendment Act 2005 (2005 No 31).

Section 100(4): Amendment Act 2012 (2012 No 23).

inserted, on 13 March 2012, by section 40 of the Building Section 100(5): Amendment Act 2012 (2012 No 23).
inserted, on 13 March 2012, by section 40 of the Building 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 on conviction 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.

116 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 102A Section 101(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
102 When compliance schedule must be issued (1) A building consent authority must issue a compliance schedule if— (a) (b) the compliance schedule, or an amended compliance schedule, is required as a result of building work; and the building consent authority is satisfied, on reasonable grounds, that the specified systems for the building are capable of performing to the performance standards for those systems.
(2) A compliance schedule that is issued under subsection (1) must be issued with the relevant code compliance certificate or consent completion certificate.

(3) A territorial authority must issue a compliance schedule on an application under section 102A if the territorial authority is satisfied, on reasonable grounds, that the specified systems for the building are capable of performing to the performance standards for those systems.
Section 102: replaced, on 13 March 2012, by section 41 of the Building Amend- ment Act 2012 (2012 No 23).

102A Procedure for obtaining compliance schedule where (1) (2) building consent not required This section applies when an owner of a building for which a compliance schedule is required under section 100 must obtain a compliance schedule but is not required to apply for a build- ing consent in relation to the building because, for example, no building work is being carried out.
The owner must apply in the prescribed form (if any) to the appropriate territorial authority for the issue of a compliance schedule by providing the authority with— (a) a description of all specified systems for the building and the performance standards for each of them; and the proposed inspection, maintenance, and reporting procedures for the specified systems.

(b) Section 102A: inserted, on 13 March 2012, by section 42 of the Building Amendment Act 2012 (2012 No 23).
117 Part 2 s 103 Building Act 2004 Reprinted as at 28 November 2013 103 Content of compliance schedule (1) A compliance schedule must— (a) (c) (b) state and describe each of the specified systems covered by the compliance schedule, including a statement of the type and (if known) make of each specified system; and state the performance standards for the specified sys- tems; and describe the inspection, maintenance, and reporting procedures to be followed by independently qualified persons or other persons in respect of the specified systems to ensure that those systems are capable of, and are, performing to the performance standards.
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 an acceptable solution or a verification method issued under section 22; or a building method or product.
(ii) (iii) (2) Compare: 1991 No 150 s 44(2), (3), (5) Section 103(1): replaced, on 13 March 2012, by section 43 of the Building Amendment Act 2012 (2012 No 23).

Section 103(2)(b)(ii): amended, on 28 November 2013, by section 22 of the Building Amendment Act 2013 (2013 No 100).
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.
118 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 105 104A Territorial authority must issue statement in relation to compliance schedule A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days after receiving the compliance schedule, provide the owner of the building for which the compliance schedule was issued with the statement in relation to the compliance schedule described in section 105(e).
Section 104A: inserted, on 15 March 2008, by section 23 of the Building Amendment Act 2008 (2008 No 4).
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 the build- ing so that users of the building can have access to it a statement by the territorial authority in the prescribed form that contains the following information: (i) the specified systems covered by the compliance schedule; and the place where the compliance schedule is held; and (ii) 119 Part 2 s 106 Building Act 2004 Reprinted as at 28 November 2013 (iii) any other prescribed information.
Compare: 1991 No 150 s 44(4) Section 105(e): replaced, on 13 March 2012, by section 44 of the Building Amendment Act 2012 (2012 No 23).

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.
(b) (ii) (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 (a) ensure that the specified systems are performing, and will continue to perform, to the performance standards for those systems; or as a result of an amendment to this Act or any regulation made under it, the compliance schedule— (i) no longer complies with the requirements of this Act or any regulations made under it; or contains information that is no longer required under this Act or any regulations made under it.
(2A) An application under subsection (2)(b) must be made before the next anniversary of the issue of the compliance schedule following the amendment of the Act or regulation that results in the compliance schedule becoming non-compliant or con- taining information that is no longer required.
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 fees and charges imposed by the territorial au- thority under section 219.

(3) (c) The territorial authority must, as soon as practicable after re- ceiving the application, decide whether to amend the compli- ance schedule.
(4) 120 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 107 (5) (6) 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.
Section 106(2): replaced, on 13 March 2012, by section 45(1) of the Building Amendment Act 2012 (2012 No 23).

Section 106(2A): inserted, on 13 March 2012, by section 45(1) of the Building Amendment Act 2012 (2012 No 23).

Section 106(3)(c): replaced, on 13 March 2012, by section 45(2) of the Building Amendment Act 2012 (2012 No 23).
107 Territorial authority may amend compliance schedule (1) (2) 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.
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) 121 Part 2 s 108 Building Act 2004 Reprinted as at 28 November 2013 (5) [Repealed] Section 107(5): repealed, on 13 March 2012, by section 46 of the Building Amendment Act 2012 (2012 No 23).
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) (b) (c) (d) 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 an independently qualified person that, when those certificates are considered together, certify 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 an independently qualified person that the compliance schedule should be amended to ensure that the specified systems stated in the compliance schedule are perform- ing, and will continue to perform, to the performance standards 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 or, if the compliance schedule re- lates only to a cable car, publicly display the copy of the build- ing warrant of fitness in or near the cable car.
(4) 122 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 109 (5) A person commits an offence if the person— (aa) (a) (b) (c) fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or 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) on conviction to a fine not exceeding $20,000.

In subsection (3)(d), a reference to an independently qualified person is a reference to the independently qualified person or independently qualified persons who carried out or supervised the inspection, maintenance, and reporting procedures stated in the compliance schedule during the previous 12 months.
Compare: 1991 No 150 s 45(1), (2) Section 108(3)(c): amended, on 13 March 2012, by section 47(1) of the Build- ing Amendment Act 2012 (2012 No 23).

Section 108(3)(d): amended, on 13 March 2012, by section 47(1) of the Build- ing Amendment Act 2012 (2012 No 23).

Section 108(4): amended, on 13 March 2012, by section 47(2) of the Building Amendment Act 2012 (2012 No 23).

Section 108(5)(aa): inserted, on 15 March 2008, by section 24 of the Building Amendment Act 2008 (2008 No 4).
Section 108(6): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 108(7): replaced, on 13 March 2012, by section 47(3) of the Building Amendment Act 2012 (2012 No 23).
109 Territorial authority must consider recommendation to amend compliance schedule A territorial authority must, in relation to a recommendation made by an independently qualified person 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 decide whether to— (b) (c) 123 Part 2 s 110 Building Act 2004 Reprinted as at 28 November 2013 (d) 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.
Section 109: amended, on 13 March 2012, by section 48 of the Building Amendment Act 2012 (2012 No 23).
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 independently qualified person or other person 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) Section 110(a): amended, on 13 March 2012, by section 49 of the Building Amendment Act 2012 (2012 No 23).

Section 110(a): amended, on 15 March 2008, by section 25 of the Building Amendment Act 2008 (2008 No 4).
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) 124 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 112 (2) (3) [Repealed] In this section, inspection means the taking of all reasonable steps to ensure that— (a) an annual building warrant of fitness supplied under section 108 is correct; and every report under section 110 is correct.

(b) Section 111(2): repealed, on 13 March 2012, by section 50 of the Building Amendment Act 2012 (2012 No 23).
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,— (a) the building will 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) the building will,— (i) if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those pro- visions; or if it did not comply with the other provisions of the building code immediately before the build- ing work began, continue to comply at least to the same extent as it did then comply.
(ii) (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,— 125 Part 2 s 113 Building Act 2004 Reprinted as at 28 November 2013 (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 Section 112(1): replaced, on 28 November 2013, by section 23 of the Building Amendment Act 2013 (2013 No 100).

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 less than 50 years.
(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) 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 Section 113(1): amended, on 15 March 2008, by section 26 of the Building Amendment Act 2008 (2008 No 4).
(3) 126 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 115 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 on conviction to a fine not exceeding $5,000.
Compare: 1991 No 150 s 46(1) Section 114(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
115 Code compliance requirements: change of use An owner of a building must not change the use of the build- ing,— (a) 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,— (i) will comply, as nearly as is reasonably practic- able, with every provision of the building code that relates to the following: (b) 127 Part 2 s 116 Building Act 2004 Reprinted as at 28 November 2013 (A) means of escape from fire, protection of other property, sanitary facilities, struc- tural performance, and fire-rating per- formance: access and facilities for people with dis- abilities (if this is a requirement under sec- tion 118); and (B) (ii) will,— (A) (B) if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or if it did not comply with the other provi- sions of the building code immediately be- fore the change of use, continue to comply at least to the same extent as it did then comply.
Compare: 1991 No 150 s 46(2) Section 115(b): replaced, on 28 November 2013, by section 24 of the Building Amendment Act 2013 (2013 No 100).

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— (a) 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.
(b) 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) has been altered in accordance with the condition; and (2) (3) 128 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 116B complies with section 112.

(b) Section 116: substituted, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).
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 the following matters: (i) (ii) means of escape from fire: access and facilities for persons with disabilities (if this is a requirement under section 118): protection of other property; and (iii) (b) will,— (i) (ii) if it complied with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply with those provisions; or if it did not comply with the other provisions of the building code immediately before the appli- cation for a subdivision was made, continue to comply at least to the same extent as it did then comply.
Section 116A: inserted, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).

Section 116A(a): amended, on 28 November 2013, by section 25(1) of the Building Amendment Act 2013 (2013 No 100).

Section 116A(b): replaced, on 28 November 2013, by section 25(2) of the Building Amendment Act 2013 (2013 No 100).
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— 129 Part 2 s 117 Building Act 2004 Reprinted as at 28 November 2013 (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 on conviction 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.

Section 116B: inserted, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).
Section 116B(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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 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.
(1) 130 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 119 (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 Acceptable solution 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 (3) (4) (5) taken as an acceptable solution.

The Governor-General 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 Stand- ards Act 1988.
Compare: 1991 No 150 s 47A(3) 131 Part 2 s 120 Building Act 2004 Reprinted as at 28 November 2013 Section 119 heading: amended, on 28 November 2013, by section 26(1) of the Building Amendment Act 2013 (2013 No 100).

Section 119(2): amended, on 28 November 2013, by section 26(2) of the Build- ing Amendment Act 2013 (2013 No 100).
120 Symbols of access 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 symbols of access that provision 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) Section 120 heading: amended, on 15 March 2008, by section 27(1) of the Building Amendment Act 2008 (2008 No 4).
Section 120: amended, on 15 March 2008, by section 27(2) of the Building Amendment Act 2008 (2008 No 4).

Subpart 6—Special provisions for certain categories of buildings Definitions of dangerous, affected, earthquake-prone, and insanitary buildings Heading: amended, on 28 November 2013, by section 27 of the Building Amendment Act 2013 (2013 No 100).
121 Meaning of dangerous building (1) A building is dangerous for the purposes of this Act if,— (a) 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.
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 (b) (2) 132 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 123 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) Compare: 1991 No 150 s 64(1), (2), (3) Section 121(1)(b): amended, on 13 March 2012, by section 51 of the Building Amendment Act 2012 (2012 No 23).

121A Meaning of affected building A building is an affected building for the purposes of this Act if it is adjacent to, adjoining, or nearby— (a) (b) Section 121A: inserted, on 28 November 2013, by section 28 of the Building Amendment Act 2013 (2013 No 100).
a dangerous building as defined in section 121; or a dangerous dam within the meaning of section 153.
122 Meaning of earthquake-prone 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— (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.
(2) 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.
123 Meaning of insanitary building A building is insanitary for the purposes of this Act if the building— (a) is offensive or likely to be injurious to health because— (i) (ii) of how it is situated or constructed; or it is in a state of disrepair; or 133 Part 2 s 124 Building Act 2004 Reprinted as at 28 November 2013 (c) (b) 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) Powers of territorial authorities in respect of dangerous, affected, earthquake-prone, or insanitary buildings Heading: amended, on 28 November 2013, by section 29 of the Building Amendment Act 2013 (2013 No 100).

124 Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority This section applies if a territorial authority is satisfied that a building in its district is a dangerous, affected, earthquake- prone, or insanitary building.
In a case to which this section applies, the territorial authority may do any or all of the following: (a) put up a hoarding or fence to prevent people from ap- 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: except in the case of an affected building, issue a notice that complies with section 125(1) requiring work to be carried out on the building to— reduce or remove the danger; or (i) (ii) prevent the building from remaining insanitary: issue a notice that complies with section 125(1A) re- stricting entry to the building for particular purposes or restricting entry to particular persons or groups of per- sons.
(b) (c) (d) This section does not limit the powers of a territorial authority.

Section 124: replaced, on 28 November 2013, by section 30 of the Building Amendment Act 2013 (2013 No 100).
(1) (2) (3) 134 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 125 125 Requirements for notice requiring building work or restricting entry (1) A notice issued under section 124(2)(c) must— (a) (b) (c) (d) (e) be in writing; and be fixed to the building in question; and be given in the form of a copy to the persons listed in subsection (2); and state the time within which the building work must be carried out, which must not be less than a period of 10 days after the notice is given or a period reasonably sufficient to obtain a building consent if one is required, whichever period is longer; and state whether the owner of the building must obtain a building consent in order to carry out the work required by the notice.
(1A) A notice issued under section 124(2)(d)— (a) must be in writing; and (b) must be fixed to the building in question; and (c) must be given in the form of a copy to the persons listed in subsection (2); and (d) may be issued for a maximum period of 30 days; and (e) may be reissued once only for a further maximum period of 30 days.
(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.
135 Part 2 s 126 Building Act 2004 Reprinted as at 28 November 2013 (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 Section 125 heading: replaced, on 28 November 2013, by section 31 of the Building Amendment Act 2013 (2013 No 100).

Section 125(1): replaced, on 28 November 2013, by section 31 of the Building Amendment Act 2013 (2013 No 100).
Section 125(1A): inserted, on 28 November 2013, by section 31 of the Building Amendment Act 2013 (2013 No 100).
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 issued by the territor- ial authority under section 124(2)(c) is not completed, or not proceeding with reasonable speed, within— the time stated in the notice; or (a) (b) any further time that the territorial authority may allow.
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) Section 126(1): amended, on 28 November 2013, by section 32 of the Building Amendment Act 2013 (2013 No 100).

136 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 128A 127 Building work includes demolition of building Any work required or authorised to be done under section 124(2)(c) or section 126 may include the demolition of all or part of a building.
Compare: 1991 No 150 s 65(6) Section 127: amended, on 28 November 2013, by section 33 of the Building Amendment Act 2013 (2013 No 100).
128 Prohibition on using dangerous, affected, earthquake-prone, or insanitary building This section applies if a territorial authority has done any of the following: (a) (1) put up a hoarding or fence in relation to a building under section 124(2)(a): attached a notice warning people not to approach a building under section 124(2)(b): issued a notice restricting entry to a building under sec- tion 124(2)(d).
(b) (c) (2) In any case to which this section applies, and except as per- mitted by section 124(2)(d), no person may— (a) (b) Section 128: replaced, on 28 November 2013, by section 34 of the Building Amendment Act 2013 (2013 No 100).

use or occupy the building; or permit another person to use or occupy the building.
128A Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings (1) A person who fails to comply with a notice issued under section 124(2)(c) that is given to that person under section 125(2)— (a) (b) commits an offence; and is liable to a fine not exceeding $200,000.
(2) A person who fails to comply with section 128(2)— (a) (b) commits an offence; and is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

137 Part 2 s 129 Building Act 2004 Reprinted as at 28 November 2013 Section 128A: inserted, on 28 November 2013, by section 35 of the Building Amendment Act 2013 (2013 No 100).
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— 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— (3) 138 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 132 (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, earthquake-prone, and insanitary buildings 131 Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings (1) A territorial authority must, within 18 months after the com- mencement of this section, adopt a policy on dangerous, earth- quake-prone, 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.

(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.

139 Part 2 s 132A Building Act 2004 Reprinted as at 28 November 2013 132A Policy must take into account affected buildings (1) A policy under section 131 must take into account affected buildings.

(2) A territorial authority must amend an existing policy to take into account affected buildings at the latest within a reasonable period following the next review of its policy required under section 132(4).
In subsection (2), existing policy means a policy existing at the date of this section coming into force.

Section 132A: inserted, on 28 November 2013, by section 36 of the Building Amendment Act 2013 (2013 No 100).

(3) 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 Dams to which provisions of this subpart apply Heading: inserted, on 15 March 2008, by section 28 of the Building Amendment Act 2008 (2008 No 4).

133A Dams to which subpart 7 provisions apply (1) (2) Sections 133B and 157 to 159 apply to all dams.

The other provisions in this subpart apply only to classifiable and referable dams.

Section 133A: inserted, on 15 March 2008, by section 28 of the Building Amendment Act 2008 (2008 No 4).
Section 133A(1): replaced, on 28 November 2013, by section 37(1) of the Building Amendment Act 2013 (2013 No 100).

Section 133A(2): replaced, on 28 November 2013, by section 37(2) of the Building Amendment Act 2013 (2013 No 100).
133B Measurement of dams For the purposes of this Act and any regulations made under it, the height of a dam is the vertical distance from the crest of the dam and must be measured,— 140 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 134 (a) (b) in the case of a dam across a stream, from the natural bed of the stream at the lowest downstream outside limit of the dam; and in the case of a dam not across a stream, from the lowest elevation at the outside limit of the dam; and (c) in the case of a canal, from the invert of the canal.
Section 133B: inserted, on 28 November 2013, by section 38 of the Building Amendment Act 2013 (2013 No 100).

Notification of classifiable or referable dam Heading: inserted, on 28 November 2013, by section 38 of the Building Amend- ment Act 2013 (2013 No 100).
133C Obligation to notify regional authority of classifiable or (1) (2) (3) referable dam and change of ownership The owner of a classifiable or referable dam must notify the regional authority in whose region the dam is situated of the size and location of the dam.
The owner must notify the regional authority,— (a) in the case of a dam commissioned before the com- mencement of the regulations referred to in section 135(2)(a), within 3 months after the commencement of those regulations; or in the case of a dam commissioned after the commence- ment of the regulations referred to in section 135(2)(a), within 3 months after the dam is commissioned.
If the ownership of a classifiable or referable dam that must be notified under subsection (1) changes, the transferring owner must notify the regional authority of the change of ownership within 3 months of the change.

Section 133C: inserted, on 28 November 2013, by section 38 of the Building Amendment Act 2013 (2013 No 100).
(b) Classification of dams 134 When owner must classify dam The owner of a dam must classify the dam in accordance with section 134B if— (a) the dam is a classifiable dam; or 141 Part 2 s 134A Building Act 2004 Reprinted as at 28 November 2013 (b) the dam is a referable dam and the regional authority in whose region the dam is situated has required the owner to classify it.

Section 134: replaced, on 28 November 2013, by section 39 of the Building Amendment Act 2013 (2013 No 100).
134A Regional authority may require owner to classify referable dam (2) (1) A regional authority may by written notice require the owner of a referable dam to classify it in accordance with section 134B if the dam is located within a designated area.

In subsection (1), designated area means an area, or a proxim- ity to an area or feature, designated or described by regulations made under this Act.

Section 134A: inserted, on 28 November 2013, by section 39 of the Building Amendment Act 2013 (2013 No 100).
134B Method of classification (1) The owner of a dam to whom section 134 applies 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) apply the prescribed criteria and standards for dam safety; and give the dam one 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) 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.

Section 134B: inserted, on 28 November 2013, by section 39 of the Building Amendment Act 2013 (2013 No 100).
(2) (3) 142 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 135 134BA Classification of dams that are canals A dam that is a canal that must be classified under section 134B may have different classifications for different sections of the canal and in that case each of those sections must be treated as a separate dam for the purposes of sections 134 to 139.

Section 134BA: inserted, on 28 November 2013, by section 39 of the Building Amendment Act 2013 (2013 No 100).
134C Offence of failing to classify dam A person to whom section 134 applies who fails to classify the dam in accordance with section 134B commits an offence and is liable on conviction to a fine not exceeding $20,000.

Section 134C: inserted, on 28 November 2013, by section 39 of the Building Amendment Act 2013 (2013 No 100).
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) 143 Part 2 s 135A Building Act 2004 Reprinted as at 28 November 2013 135A Certifying engineer must notify regional authority and owner if dam dangerous (1) An engineer engaged to provide a certificate for the purposes of section 135(1)(b), 142(1)(b), or 150(2)(f) must notify the regional authority and the owner of the dam if he or she be- lieves that the dam is dangerous.

The notice must be— in writing; and (a) given within 5 working days after the engineer forms (b) the belief in question.
(2) (3) Nothing in subsection (1) requires an engineer to act outside the terms of his or her engagement by investigating whether the dam is dangerous or not and a breach of the duty in sub- section (1) does not give rise to any civil liability in damages.

Section 135A: inserted, on 28 November 2013, by section 40 of the Building Amendment Act 2013 (2013 No 100).
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— (i) 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 (ii) 144 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 139 (b) 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.
138 Regional authority must require re-audit 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 re-audited 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 re-audited 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 on conviction to a fine not exceeding $5,000.

Section 138(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

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.
(2) The owner must also review the dam’s classification if, at any time,— 145 Part 2 s 140 Building Act 2004 Reprinted as at 28 November 2013 (a) (b) 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.
(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 clas- sified under section 134B, 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) on conviction 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 (b) audit the dam safety assurance programme for that dam.

Section 140(1): amended, on 28 November 2013, by section 41 of the Building Amendment Act 2013 (2013 No 100).

Section 140(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
141 Content of dam safety assurance programme A dam safety assurance programme must— be in the prescribed form; and (a) 146 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 143 (b) meet the prescribed criteria and standards for dam safety.
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 dam safety assurance programme contains a full list of the dam’s appurtenant struc- tures as determined by the engineer; and states that the engineer is a recognised engineer; and has attached to it evidence that the engineer is a recognised engineer.
(ia) (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) Section 142(1)(b)(ia): inserted, on 28 November 2013, by section 42 of the Building Amendment Act 2013 (2013 No 100).
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) 147 Part 2 s 144 Building Act 2004 Reprinted as at 28 November 2013 (b) refuses to approve the dam safety assurance pro- 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.
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 re-audit 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) (b) 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 re-audited 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— 148 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 146 (a) (b) 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.

(3) Subsection (1) and section 143 apply, with all necessary modi- fications, to a re-audited dam safety assurance programme.
(4) A person commits an offence if the person fails to comply with a direction under subsection (1)(a).

(5) A person who commits an offence under this section is liable on conviction to a fine not exceeding $10,000.

Section 145(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 7 years.
(ii) (2) The owner must also review the dam safety assurance pro- gramme— (a) if, at any time,— (i) (ii) 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 per- sons, property, or the environment; or 149 Part 2 s 147 Building Act 2004 Reprinted as at 28 November 2013 (3) (b) when requested by the regional authority to do so, if the dam is an earthquake-prone dam or a flood-prone dam.
Sections 142 and 143 apply, with all necessary modifications, to a reviewed dam safety assurance programme.

Section 146(1)(b)(ii): amended, on 28 November 2013, by section 43 of the Building Amendment Act 2013 (2013 No 100).

Section 146(2): substituted, on 15 March 2008, by section 29 of the Building Amendment Act 2008 (2008 No 4).
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.
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) 148A Dam safety assurance programme for dams that are canals This section applies to a dam that is a canal and has different classifications for different sections of the canal in accordance with section 134B.
(1) 150 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 149 (2) (3) (4) If the whole canal is owned by a single owner, then for the purposes of sections 140 to 145, 147, 148, 150, and 150A a single dam safety assurance programme suffices for the whole canal.
If the whole canal is not owned by a single owner, then for the purposes of sections 140 to 145, 147, 148, 150, and 150A a single dam safety assurance programme suffices for the sec- tions of the canal in the separate ownership of each owner.

For the purposes of section 146, the potential impact classifi- cation that applies to the owner’s canal or section of the canal is the highest potential impact classification that applies to any section of the canal.
Section 148A: inserted, on 28 November 2013, by section 44 of the Building Amendment Act 2013 (2013 No 100).

148B Dam safety assurance programme for 2 or more dams (1) (2) (3) forming single reservoir This section applies if 2 or more dams owned by the same owner form a single reservoir.

For the purposes of sections 140 to 145, 147, 148, 150, and 150A a single dam safety assurance programme suffices for all the dams.
For the purposes of section 146, the potential impact classifi- cation that applies is the highest potential impact classification that applies to any of the dams.

Section 148B: inserted, on 28 November 2013, by section 44 of the Building Amendment Act 2013 (2013 No 100).
Who is recognised engineer 149 Who is recognised engineer (1) A recognised engineer is an engineer who— (a) (b) (c) the Chartered Professional 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.
(2) In subsection (1)(a), financial interest does not include— 151 Part 2 s 150 Building Act 2004 Reprinted as at 28 November 2013 (a) (b) (c) involvement in the construction of the dam as a fully paid engineer; or entitlement to a fee for undertaking an audit; or employment or engagement as an engineer by the owner of the dam concerned.

Section 149(2)(b): replaced, on 28 November 2013, by section 45 of the Build- ing Amendment Act 2013 (2013 No 100).
Section 149(2)(c): inserted, on 28 November 2013, by section 45 of the Build- ing Amendment Act 2013 (2013 No 100).

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- proved, must supply to the regional authority a dam compli- ance certificate in accordance with subsection (2).
The dam compliance certificate must— (a) (2) be supplied on each anniversary of the approval, or deemed approval, of the dam safety assurance pro- gramme; and state that, except for the identified, minor items of non- compliance, all procedures in the dam safety assurance programme have been fully complied with during the previous 12 months; and 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 (b) (c) (d) (e) (f) 152 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 151 (B) programme that the owner has followed in the previous 12 months; and except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been complied with during the previous 12 months; and (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) (c) 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 displays a dam compliance certificate otherwise than in accordance with this section.
(5) A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 45(1), (2) Section 150(2)(b): replaced, on 28 November 2013, by section 46(1) of the Building Amendment Act 2013 (2013 No 100).

Section 150(2)(f)(i)(B): replaced, on 28 November 2013, by section 46(2) of the Building Amendment Act 2013 (2013 No 100).

Section 150(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
150A Annual dam compliance certificate requirements not to apply to accredited dam owner Section 150 does not apply to an accredited dam owner.

Section 150A: inserted, on 15 March 2008, by section 30 of the Building Amendment Act 2008 (2008 No 4).

151 Register of dams Each regional authority must establish and maintain a register of dams in its district.
153 Part 2 s 152 Building Act 2004 Reprinted as at 28 November 2013 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 fail— (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).

(iii) [Repealed] (c) Section 153(b): substituted, on 15 March 2008, by section 31(1) of the Building Amendment Act 2008 (2008 No 4).
Section 153(c): repealed, on 15 March 2008, by section 31(2) of the Building Amendment Act 2008 (2008 No 4).

153A Meaning of earthquake-prone dam and flood-prone dam (1) A dam is an earthquake-prone dam for the purposes of this Act if the dam— (a) is a high potential impact dam or a medium potential impact dam; and is likely to fail in an earthquake threshold event (as de- fined in the regulations).
(b) (2) A dam is a flood-prone dam for the purposes of this Act if the dam— (a) (b) is a high potential impact dam or a medium potential impact dam; and is likely to fail in a flood threshold event (as defined in the regulations).

Section 153A: inserted, on 15 March 2008, by section 32 of the Building Amendment Act 2008 (2008 No 4).
154 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 155 153B Owner must notify regional authority of dangerous dam The owner of a dam who has reasonable grounds for believing that the dam is, or has become, dangerous must immediately notify the regional authority in whose region the dam is situ- ated.

Section 153B: inserted, on 28 November 2013, by section 47 of the Building Amendment Act 2013 (2013 No 100).
154 Powers of regional authorities in respect of dangerous (1) 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 not be less than 10 days after the notice is given under section 155), to reduce or remove the danger.
(b) (c) (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 on conviction to a fine not exceeding $200,000.

Section 154(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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) the owner of the dam; and an occupier of the dam; and 155 Part 2 s 156 Building Act 2004 Reprinted as at 28 November 2013 (c) (d) (e) (f) 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- ity under section 154(1)(c) is not completed, or not proceeding with reasonable speed, within— (a) the time stated in the notice; or 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) (3) (2) 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) 156 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 158 157 Measures to avoid immediate danger (1) (2) (3) (4) 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) 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) (a) confirm the warrant without modification; or (b) confirm the warrant subject to modification; or set the warrant aside.

(c) 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) 157 Part 2 s 159 Building Act 2004 Reprinted as at 28 November 2013 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, earthquake-prone dams, and flood-prone dams (2) (1) A regional authority must, within 18 months after the com- mencement of this Part, adopt a policy on dangerous dams, earthquake-prone dams, and flood-prone dams within its re- gion.
The policy must state— (a) 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.

(c) Section 161 heading: amended, on 15 March 2008, by section 33(1) of the Building Amendment Act 2008 (2008 No 4).

(b) Section 161(1): amended, on 15 March 2008, by section 33(2) of the Building Amendment Act 2008 (2008 No 4).
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.
158 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 164 (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) (c) a regional authority 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.
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) (2) A responsible authority must issue to the specified person con- cerned a notice (a notice to fix) requiring the person— 159 Part 2 s 165 Building Act 2004 Reprinted as at 28 November 2013 (a) (b) (c) 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— notify the other authority that it holds that view; and (a) (b) give the other authority the reasons for that view.

The other responsible authority referred to in subsection (3) must issue the notice to fix if it considers that this section ap- plies.
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- 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 the site be made safe immediately and that all or any building work cease immediately (except any building work necessary to make the site safe) until the responsible authority is satisfied that the person carrying out the work is able and willing to resume operations in compliance with this Act and the regulations.
(c) (d) (e) (f) 160 Reprinted as at 28 November 2013 Building Act 2004 Part 2 s 166 (2) Nothing in subsection (1) limits or affects the generality of section 164.

Section 165: substituted, on 14 April 2005, by section 15(1) of the Building Amendment Act 2005 (2005 No 31).

Section 165(1)(f): substituted, on 15 March 2008, by section 34 of the Building Amendment Act 2008 (2008 No 4).
166 Special provisions for notices to fix from building consent (1) authority If section 164 applies because a building consent authority that granted a building consent for building work considers that the building work has not been, or is not being, carried out in accordance with this Act or the building consent, a notice to fix applies 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 or a regional authority that issues a notice to fix must, within 5 working days after issuing it, give a copy of it to— (a) (b) the territorial authority; or if the territorial authority has transferred, under section 233, any of its functions, duties, or powers under this Act to another territorial authority, the territorial author- ity to whom the functions, duties, or powers have been transferred.
Compare: 1991 No 150 s 42(3) Section 166(1): amended, on 15 March 2008, by section 35(1) of the Building Amendment Act 2008 (2008 No 4).

Section 166(2): amended, on 15 March 2008, by section 35(2) of the Building Amendment Act 2008 (2008 No 4).

Section 166(2): amended, on 14 April 2005, by section 3(6)(b) of the Building Amendment Act 2005 (2005 No 31).

Section 166(2)(a): amended, on 14 April 2005, by section 3(6)(c) of the Build- ing Amendment Act 2005 (2005 No 31).
161 Part 2 s 167 Building Act 2004 Reprinted as at 28 November 2013 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) the refusal; and the reasons for the refusal; and give the specified person concerned written notice of— (i) (ii) issue a further notice to fix in respect of the building work.

(b) (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 on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 162 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 169 for every day or part of a day during which the offence has continued.
Section 168(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Part 3 Regulatory responsibilities and accreditation Subpart 1—Responsibilities of chief executive Functions, duties, and powers of chief executive generally 168A Chief executive’s functions in relation to this Act The chief executive must— (a) take all necessary steps for the implementation and ad- ministration of this Act; and review the Act as necessary.
(b) Section 168A: inserted, on 13 March 2012, by section 53 of the Building Amendment Act 2012 (2012 No 23).
169 Chief executive must monitor current and emerging (1) 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) the building code and acceptable solutions and verifica- tion methods: 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.
(b) (c) (d) (2) 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).

163 Part 3 s 170 Building Act 2004 Reprinted as at 28 November 2013 Section 169(1)(a): amended, on 28 November 2013, by section 75(2) of the Building Amendment Act 2013 (2013 No 100).
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 fire-engineer- 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 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) the building code and acceptable solutions and verification methods: 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: (ii) (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.
The chief executive must consider, but is not bound by, any advice given by the panel.

Section 171(1)(a)(i): amended, on 28 November 2013, by section 75(3) of the Building Amendment Act 2013 (2013 No 100).
(1) (2) 164 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 172 172 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: (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, co-opt 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 (iii) (3) (4) 3 years, but may be reappointed for 1 more term.

(6) A member of the panel may resign by written notice to the (7) chief executive.
The panel is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.

165 Part 3 s 173 Building Act 2004 Reprinted as at 28 November 2013 (8) 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.
(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: (i) (ii) (iii) territorial authorities: building consent authorities: owners: 166 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 176 (b) persons who carry out building work; and (iv) 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.
(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) the territorial authority: the building consent authority: the owner or, if there is more than 1 owner, any of the owners: the licensed building practitioner concerned with the relevant building work: any person to whom a notice to fix relating to the rele- vant building work has been issued under section 164: 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: (d) (da) (e) (f) 167 Part 3 s 177 Building Act 2004 Reprinted as at 28 November 2013 (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 Section 176(c): replaced, on 13 March 2012, by section 54(1) of the Building Amendment Act 2012 (2012 No 23).

Section 176(da): inserted, on 13 March 2012, by section 54(2) of the Building Amendment Act 2012 (2012 No 23).
177 Application for determination (1) A party may apply to the chief executive for a determination (b) in relation to either or both of the following: (a) whether particular matters comply with the building code: the exercise, failure or refusal to exercise, or proposed or purported exercise by an authority in subsection (2), (3), or (4) of a power of decision to which this paragraph applies by virtue of that subsection.
(c) Subsection (1)(b) applies to any power of decision of a build- ing consent authority in respect of all or any of the following: (a) (b) a building consent: an extension under section 52(b) of the period during which building work must be commenced before a building consent lapses: an extension under section 93(2)(b)(ii) of the period during which the authority must decide whether to issue a code compliance certificate: a code compliance certificate: a compliance schedule: a notice to fix.
(d) (e) (f) Subsection (1)(b) applies to any power of decision of a territor- ial authority in respect of, or under, all or any of the following: any waiver or modification of the building code under (a) section 67: a certificate of acceptance under section 96: an exemption from building consent requirements under paragraph (k) of Schedule 1: (b) (c) (2) (3) 168 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 179 (d) (e) (f) (g) (h) an amendment to a compliance schedule under section 106, 107, or 109: a notice to fix: sections 112, 113, 115, and 116 (which relate to alter- ations to, or changes in the use of, a building) and 124 and 129 (which relate to dangerous, earthquake-prone, and insanitary buildings): a certificate for public use under section 363A: a certificate under section 224(f) of the Resource Man- agement Act 1991.
(4) Subsection (1)(b) applies to any power of decision under this Act of a regional authority in respect of a dam.

(5) Nothing in this section limits or affects section 70(4) or 446(1)(c).

Section 177: substituted, on 7 July 2010, by section 4 of the Building Amend- ment Act 2010 (2010 No 50).
(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 (b) 169 Part 3 s 180 Building Act 2004 Reprinted as at 28 November 2013 (c) the chief executive has made a determination, or is cur- rently considering an application for a determination, on the same matter.
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 (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) 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) (3) 170 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 185 182 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) This section— (a) (b) Compare: 1991 No 150 s 17(3) does not affect injunctive proceedings; and is subject to section 381. refused to make a determination.
(3) 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 171 Part 3 s 186 Building Act 2004 Reprinted as at 28 November 2013 (b) give a copy of the determination to the parties con- cerned.
(2) (3) 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) 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 Māori, and receive evidence, written (b) or spoken, in Māori; 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 (b) must require— (i) the applicant to provide each of the other parties (if any) with copies of the application and any documents accompanying the application; and (2) (3) 172 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 188 (ii) 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.

(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 ss 17(2), 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) waivers or modifications of the building code; and 173 Part 3 s 189 Building Act 2004 Reprinted as at 28 November 2013 (b) 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— (a) 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.
(b) (c) 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 for purposes of this Act Heading: amended, on 15 March 2008, by section 37 of the Building Amend- ment Act 2008 (2008 No 4).
174 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 192 191 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: substituted, on 14 April 2005, by section 16(1) of the Building Amendment Act 2005 (2005 No 31).
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) Section 192(1): amended, on 14 April 2005, by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).

Section 192(1)(c): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).

175 Part 3 s 193 Building Act 2004 Reprinted as at 28 November 2013 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 that correspond with, or are within, the person’s scope of ac- creditation.

Section 193(1): amended, on 14 April 2005, by section 16(2)(d) of the Building Amendment Act 2005 (2005 No 31).

Section 193(2): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).
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 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.
(1) 176 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 197 (2) A building consent authority that continues to meet those cri- teria is entitled to the continuation of its registration, subject to section 203.

Section 196(1): amended, on 14 April 2005, by section 16(2)(e) of the Building Amendment Act 2005 (2005 No 31).

Section 196(2): amended, on 14 April 2005, by section 16(2)(f) of the Building Amendment Act 2005 (2005 No 31).
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 terri- torial 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.

Section 197(1): amended, on 14 April 2005, by section 16(2)(g) of the Building Amendment Act 2005 (2005 No 31).
Section 197(2): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).

177 (2) (3) (4) Part 3 s 198 Building Act 2004 Reprinted as at 28 November 2013 Section 197(2)(a)(i): amended, on 14 April 2005, by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).

Section 197(2)(a)(i): amended, on 14 April 2005, by section 16(2)(k) of the Building Amendment Act 2005 (2005 No 31).
Section 197(2)(a)(ii): amended, on 14 April 2005, by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).

Section 197(2)(b): amended, on 14 April 2005, by section 16(2)(k) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 197(2)(b)(i): amended, on 14 April 2005, by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).

Section 197(2)(b)(ii): amended, on 14 April 2005, by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).
Section 197(2)(b)(ii): amended, on 14 April 2005, by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).

198 Effect of suspension (1) A building consent 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 a building consent 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 authority in respect of building consents that were granted before the date of suspension).
(4) An authority given under subsection (3) may— (a) be subject to any conditions that the chief executive thinks fit; and (b) be revoked by the chief executive at any time.

Section 198(1): amended, on 15 March 2008, by section 38(1) of the Building Amendment Act 2008 (2008 No 4).

Section 198(1): amended, on 14 April 2005, by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).

Section 198(2): amended, on 14 April 2005, by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).
Section 198(3): amended, on 15 March 2008, by section 38(2)(a) of the Build- ing Amendment Act 2008 (2008 No 4).

178 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 200 Section 198(3): amended, on 15 March 2008, by section 38(2)(b) of the Build- ing Amendment Act 2008 (2008 No 4).
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 on conviction to a fine not exceeding $200,000.
Section 199(1): amended, on 14 April 2005, by section 16(2)(h) of the Building Amendment Act 2005 (2005 No 31).

Section 199(2)(a): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).

Section 199(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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.
(2) As soon as practicable after receiving a complaint, the chief (b) executive must— (a) inform the building consent authority concerned of the complaint; and decide whether to accept or decline the complaint.
(b) (2A) The chief executive, in considering whether to accept or de- cline a complaint under subsection (2)(b), is not required to seek any information or submission from the building consent 179 Part 3 s 201 Building Act 2004 Reprinted as at 28 November 2013 (3) (4) authority, and the building consent authority is not entitled to proffer any information or submission at that stage.
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.
Section 200 heading: amended, on 14 April 2005, by section 16(2)(i) of the Building Amendment Act 2005 (2005 No 31).

Section 200(1): amended, on 14 April 2005, by section 16(2)(g) of the Building Amendment Act 2005 (2005 No 31).

Section 200(1)(a): amended, on 14 April 2005, by section 16(2)(j) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 200(2)(a): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).
Section 200(2A): inserted, on 28 November 2013, by section 49 of the Building Amendment Act 2013 (2013 No 100).

Section 200(3)(a): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).
201 Chief executive may conduct investigation on own on his or her own initiative; and 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),— (a) give written notice of the decision to the building con- sent authority concerned; and proceed to investigate the matter.

(b) (1) (2) 180 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 203 (3) 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.
Section 201(2)(a): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).

202 Procedure if chief executive proceeds to investigate (1) (2) (3) complaint or matter This section applies if the chief executive proceeds to investi- gate— a complaint under section 200; or (a) 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 building consent authority 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) For the avoidance of doubt, a building consent authority’s fail- ure to make written submissions after being given a reasonable opportunity to do so does not limit the chief executive in in- vestigating the complaint or determining it.

Section 202(2): amended, on 14 April 2005, by section 16(2)(g) of the Building Amendment Act 2005 (2005 No 31).

(b) (c) Section 202(2)(b): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).
Section 202(2)(c): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 202(3): inserted, on 28 November 2013, by section 50 of the Building Amendment Act 2013 (2013 No 100).
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 181 Part 3 s 203 Building Act 2004 Reprinted as at 28 November 2013 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: has been negligent in performing those functions.
(b) The chief executive may do 1 or more of the following: issue a warning to the building consent authority: (a) require the building consent authority to take remedial (b) action— (i) (ii) within a specified time; and that is subject to any conditions that the chief executive thinks fit (if any): (ba) (c) (d) if paragraph (b) applies, require the building consent authority to monitor and report to the chief executive on the progress of the remedial action: 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) (e) 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.
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.

Section 203(1): amended, on 14 April 2005, by section 16(2)(g) of the Building Amendment Act 2005 (2005 No 31).
(2) (3) (4) 182 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 204 Section 203(1)(a): amended, on 14 April 2005, by section 16(2)(j) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 203(2)(a): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 203(2)(b): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).
Section 203(2)(ba): inserted, on 28 November 2013, by section 51 of the Build- ing Amendment Act 2013 (2013 No 100).

Section 203(2)(c): amended, on 14 April 2005, by section 16(2)(g) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 203(2)(d): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).

Section 203(2)(d)(i): amended, on 14 April 2005, by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).
Section 203(2)(d)(ii): amended, on 14 April 2005, by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).

Section 203(2)(d)(ii): amended, on 14 April 2005, by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).

Section 203(4): amended, on 14 April 2005, by section 16(2)(g) of the Building Amendment Act 2005 (2005 No 31).
Further powers of chief executive 204 Special powers of chief executive for monitoring (1) (aa) (ab) 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 decide whether to accept or decline a complaint re- ceived under section 200(1); and investigate a complaint under section 200 or investigate a matter on his or her own initiative under section 201; 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 non-performance 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— 183 Part 3 s 204 Building Act 2004 Reprinted as at 28 November 2013 (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 do any of the follow- ing within a reasonable time specified by the chief ex- ecutive in writing: (i) (ii) supply any relevant information: answer any question that relates to the perform- ance of functions under this Act: answer any question that relates to a complaint received under section 200(1) or to a complaint investigated under section 200 or to a matter in- vestigated under section 201: (iii) (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 and within a reason- able time specified in the notice, all or any of the infor- mation: (d) may enter and re-enter any land or building, with any appliances, machinery, and equipment that are reason- ably necessary, to— (i) inspections, carry out any surveys, investiga- tions, reviews, 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, inspections, in- vestigations, reviews, tests, and measurements to be carried out.
(ii) (3) 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.
(4) In this section, relevant information— 184 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 206 (a) means any information of any description that relates to— (i) (ii) (iii) the performance by a territorial authority, build- ing consent authority, or regional authority of its functions under this Act; or a complaint received under section 200(1); or a complaint investigated under section 200 or a matter investigated under section 201; and includes information that is kept in any form, including electronic form.
Compare: 1991 No 150 s 79(1), (2) (b) Section 204(1)(aa): inserted, on 28 November 2013, by section 52(1) of the Building Amendment Act 2013 (2013 No 100).

Section 204(1)(ab): inserted, on 28 November 2013, by section 52(1) of the Building Amendment Act 2013 (2013 No 100).

Section 204(2)(b): replaced, on 28 November 2013, by section 52(2) of the Building Amendment Act 2013 (2013 No 100).

Section 204(2)(c): replaced, on 28 November 2013, by section 52(2) of the Building Amendment Act 2013 (2013 No 100).
Section 204(2)(d): replaced, on 28 November 2013, by section 52(2) of the Building Amendment Act 2013 (2013 No 100).

Section 204(4): replaced, on 28 November 2013, by section 52(3) of the Build- ing Amendment Act 2013 (2013 No 100).
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: 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) a reference to this section; and the full name of the person; and 185 Part 3 s 207 Building Act 2004 Reprinted as at 28 November 2013 (c) 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 on conviction to a fine not exceeding $5,000.
Compare: 1991 No 150 s 79(4), (6) Section 206(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

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) 207A Chief executive may require person to provide information or produce documents If the chief executive considers it necessary or desirable for the purposes of taking enforcement action under this Act, the chief executive may, by written notice served on any person, require that person— (a) to provide to the chief executive, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or to produce to the chief executive, or to a person speci- fied in the notice who is acting on behalf of the chief executive in accordance with the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or (b) (1) 186 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 208 (2) (3) (c) if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any documents or classes of documents specified in the notice (within the time and in the manner specified in the notice).
Information provided in response to a notice under subsection (1)(a) must be provided in the manner specified in the notice.

If a document is produced in response to a notice under subsec- tion (1), the chief executive, or the person to whom the docu- ment is produced, may— (a) (b) inspect and make records of that document; and take copies of the document or of extracts from the document.

Section 207A: inserted, on 28 November 2013, by section 53 of the Building Amendment Act 2013 (2013 No 100).
207B Offence of failing to comply with chief executive’s notice for provision of information A person who fails to comply with a notice served on that person under section 207A commits an offence and is liable on conviction to a fine not exceeding $5,000.

Section 207B: inserted, on 28 November 2013, by section 53 of the Building Amendment Act 2013 (2013 No 100).
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 a direction as to costs given under section 190(2); or the chief executive’s decision to— (i) decline to register the person as a building con- sent authority; or take any action referred to in section 203; or refuse to issue a national multiple-use approval.
(aa) (b) (ii) (iii) The persons are,— (a) (2) in the case of an appeal under subsection (1)(a) or (aa),— 187 Part 3 s 209 Building Act 2004 Reprinted as at 28 November 2013 (c) (b) the applicant for the determination; or any other party; or (i) (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 concerned; or in the case of an appeal under subsection (1)(b)(iii), the applicant for the national multiple-use approval.
Section 208(1)(aa): replaced, on 13 March 2012, by section 56 of the Building Amendment Act 2012 (2012 No 23).

(d) Section 208(1)(b)(i): amended, on 15 March 2008, by section 39(1) of the Building Amendment Act 2008 (2008 No 4).

Section 208(1)(b)(ii): amended, on 1 February 2010, by section 25(1) of the Building Amendment Act 2009 (2009 No 25).

Section 208(1)(b)(iii): added, on 1 February 2010, by section 25(1) of the Build- ing Amendment Act 2009 (2009 No 25).
Section 208(2)(a): amended, on 7 July 2010, by section 5(2) of the Building Amendment Act 2010 (2010 No 50).

Section 208(2)(c): amended, on 1 February 2010, by section 25(2) of the Build- ing Amendment Act 2009 (2009 No 25).

Section 208(2)(c): amended, on 15 March 2008, by section 39(2) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 208(2)(d): added, on 1 February 2010, by section 25(2) of the Building Amendment Act 2009 (2009 No 25).
209 Procedure for commencing appeal (1) An appeal under section 208 must be made— 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)(aa), the date of the written direction given by the chief executive under section 190; or in the case of an appeal under section 208(1)(b), the date of the relevant decision of the chief ex- ecutive; and (ia) (ii) (a) 188 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 211 (2) (b) otherwise in accordance with the District Courts Rules (except to any extent that those rules are inconsistent with this section).
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.

Section 209(1)(a)(ia): inserted, on 7 July 2010, by section 6 of the Building Amendment Act 2010 (2010 No 50).
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) (b) the chief executive; and in the case of an appeal under section 208(1)(a) or (aa), 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.
Section 210(1)(b): amended, on 7 July 2010, by section 7 of the Building Amendment Act 2010 (2010 No 50).
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, direc- tion, or decision of the chief executive; or refer the matter back to the chief executive in accord- ance with the rules of court; or 189 Part 3 s 212 Building Act 2004 Reprinted as at 28 November 2013 (2) (3) (4) (c) make or give any determination, direction, or decision that the chief executive could have made or given in respect of the matter.
This section does not give the District Court power to review any part of the chief executive’s determination, direction, or decision other than the part against which the appellant has appealed.

Subject to any order of the District Court, every determination, direction, 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.
Section 211(1)(a): amended, on 7 July 2010, by section 8(1) of the Building Amendment Act 2010 (2010 No 50).

Section 211(1)(c): amended, on 7 July 2010, by section 8(2) of the Building Amendment Act 2010 (2010 No 50).

Section 211(2): amended, on 7 July 2010, by section 8(3) of the Building Amendment Act 2010 (2010 No 50).

Section 211(3): amended, on 7 July 2010, by section 8(4) of the Building Amendment Act 2010 (2010 No 50).
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, provide to the New Zealand Fire 190 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 214 (4) Service Commission a copy of every application for a building consent of a kind specified by notice under section 46.
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.

(b) Section 212 heading: amended, on 14 April 2005, by section 17(1) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 212(1): amended, on 14 April 2005, by section 17(2) of the Building Amendment Act 2005 (2005 No 31).
Section 212(3): substituted, on 1 February 2010, by section 26 of the Building Amendment Act 2009 (2009 No 25).
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 191 Part 3 s 215 Building Act 2004 Reprinted as at 28 November 2013 (b) 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.
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.
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: records of work and certificates of work provided by licensed building practitioners under section 45(2) or 88(1)(a): (iv) (iva) (b) 192 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 217 (ivb) statutory declarations provided by owner- (ivc) builders: if applicable, the specified intended life of the building: compliance schedules: building warrants of fitness: (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.
(c) (d) (e) (f) (g) (3) A territorial authority must keep the information referred to in— (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) Section 216(2)(b)(iva): inserted, on 15 March 2008, by section 40 of the Build- ing Amendment Act 2008 (2008 No 4).
Section 216(2)(b)(iva): amended, on 13 March 2012, by section 57(1) of the Building Amendment Act 2012 (2012 No 23).

Section 216(2)(b)(ivb): inserted, on 13 March 2012, by section 57(2) of the Building Amendment Act 2012 (2012 No 23).

Section 216(2)(b)(ivc): inserted, on 13 March 2012, by section 57(2) of the Building Amendment Act 2012 (2012 No 23).
217 Access to certain information kept by territorial authority (1) A person— 193 Part 3 s 218 Building Act 2004 Reprinted as at 28 November 2013 (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 power of a territorial authority to with- hold information under the provisions of the Local Gov- ernment 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 to section 44A of the Local Govern- ment Official Information and Meetings Act 1987.
Compare: 1991 No 150 s 27(3), (4) Section 217(2)(a): replaced, on 28 November 2013, by section 54 of the Build- ing Amendment Act 2013 (2013 No 100).
218 Territorial authority must provide information to chief 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 (1) 194 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 220 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 (or both)— (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.
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.

Section 219(1)(a): amended, on 13 March 2012, by section 59 of the Building Amendment Act 2012 (2012 No 23).
(2) 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) (b) 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 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- (ii) 195 Part 3 s 221 Building Act 2004 Reprinted as at 28 November 2013 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.
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,— (b) (1) (2) 196 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 222 (i) must apply the proceeds of the sale towards pay- ment of the amount payable to the territorial au- thority under subsection (1); and (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.

(3) (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.

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,— (4) (3) 197 Part 3 s 223 Building Act 2004 Reprinted as at 28 November 2013 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, earthquake-prone, 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) 223 Duty to assist inspections (1) 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) the owner of the building; and an occupier of the building; and (2) 198 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 226 (c) any person engaged in the building work, including an owner-builder and any unpaid friend or family member of the owner-builder engaged to assist him or her in the building work.

Compare: 1991 No 150 s 76(4) Section 223(2)(c): replaced, on 13 March 2012, by section 61 of the Building Amendment Act 2012 (2012 No 23).
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 on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 80(h) Section 225(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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) 199 Part 3 s 227 Building Act 2004 Reprinted as at 28 November 2013 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 [Repealed] Heading: Amendment Act 2013 (2013 No 100).

repealed, on 28 November 2013, by section 55 of the Building 229 Authorisation of enforcement officers [Repealed] Section 229: repealed, on 28 November 2013, by section 55 of the Building Amendment Act 2013 (2013 No 100).
200 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 234 230 Conditions of authorisation [Repealed] Section 230: repealed, on 28 November 2013, by section 55 of the Building Amendment Act 2013 (2013 No 100).

231 Offence to impersonate enforcement officer [Repealed] Section 231: repealed, on 28 November 2013, by section 55 of the Building Amendment Act 2013 (2013 No 100).
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 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 (b) (c) 201 Part 3 s 235 Building Act 2004 Reprinted as at 28 November 2013 transfer is desirable on either or both of the following grounds: (i) (ii) efficiency: technical or special capability, or expertise.
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— (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 or regional authority Subpart 3 heading: amended, on 15 March 2008, by section 41 of the Building Amendment Act 2008 (2008 No 4).
202 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 238 237 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) Section 237(c): substituted, on 14 April 2005, by section 3(7) of the 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) (c) (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 provide to the territorial authority for the relevant dis- trict copies of the information referred to in subsection (2).
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) (iva) (ivb) statutory declarations provided by an owner- project information memoranda: building consents: code compliance certificates: compliance schedules: if applicable, the intended life of the building: builder: 203 (2) The information is— (a) Part 3 s 238 Building Act 2004 Reprinted as at 28 November 2013 (ivc) records of work and certificates of work provided by licensed building practitioners under section 45(2) or 88(1)(a): building warrants of fitness: energy work certificates: (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) (c) (d) (e) (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).
(5) A building consent authority that commits an offence under this section is liable on conviction 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.

Section 238(2)(b)(iva): inserted, on 13 March 2012, by section 62(2) of the Building Amendment Act 2012 (2012 No 23).
Section 238(2)(b)(ivb): inserted, on 13 March 2012, by section 62(2) of the Building Amendment Act 2012 (2012 No 23).

Section 238(2)(b)(ivc): inserted, on 13 March 2012, by section 62(2) of the Building Amendment Act 2012 (2012 No 23).

204 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 241 Section 238(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 (or both) payable by a mem- ber 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.
Section 240(1)(a): amended, on 13 March 2012, by section 63 of the Building Amendment Act 2012 (2012 No 23).
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,— 205 Part 3 s 242 Building Act 2004 Reprinted as at 28 November 2013 (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) Section 241(2): added, on 14 April 2005, by section 18 of the Building Amend- ment 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 (or both)— (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 (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.

Section 243 heading: amended, on 14 April 2005, by section 19(1) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 243(1): substituted, on 14 April 2005, by section 19(2) of the Building Amendment Act 2005 (2005 No 31).
Section 243(1)(a): amended, on 13 March 2012, by section 64 of the Building Amendment Act 2012 (2012 No 23).

(2) 206 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 247 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 (b) (c) 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.
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- 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 207 Part 3 s 248 Building Act 2004 Reprinted as at 28 November 2013 (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.
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) Section 249(a): amended, on 14 April 2005, by section 16(2)(n) of the Building Amendment Act 2005 (2005 No 31).

Audit fees Heading: inserted, on 15 March 2008, by section 42 of the Building Amendment Act 2008 (2008 No 4).
208 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 252 249A Fees for audits A building consent accreditation body may charge an ac- credited building consent authority the prescribed fee (if any) for an audit conducted under section 249(a) by the building consent accreditation body on the building consent authority.

Section 249A: inserted, on 15 March 2008, by section 42 of the Building Amendment Act 2008 (2008 No 4).
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, and on payment by the person of the prescribed fee (if any), 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: amended, on 15 March 2008, by section 43 of the Building Amendment Act 2008 (2008 No 4).
Section 250: amended, on 14 April 2005, by section 16(2)(o) of the Building Amendment Act 2005 (2005 No 31).

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) (3) 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.
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.

209 Part 3 s 253 Building Act 2004 Reprinted as at 28 November 2013 (4) An accredited building consent authority may, at any time, request the building consent accreditation body to change the scope of its accreditation.
Section 252(1): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).

253 Application for accreditation An application for accreditation under section 250 must— (a) (b) (c) (d) Section 253(c): amended, on 15 March 2008, by section 44(1) of the Building Amendment Act 2008 (2008 No 4).

be made in writing; and be given in the prescribed manner (if any); and contain the prescribed information (if any).
[Repealed] Section 253(d): repealed, on 15 March 2008, by section 44(2) of the Building Amendment Act 2008 (2008 No 4).

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 no longer meets those cri- teria and standards solely as a result of the amendments.

The limit in subsection (3) applies only during the period of 3 months after the date on which the amendments come into force.
(b) (4) 210 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 256 Section 254(2)(a): amended, on 14 April 2005, by section 16(2)(p) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 254(2)(b): amended, on 14 April 2005, by section 16(2)(p) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 254(2)(b): amended, on 14 April 2005, by section 16(2)(q) of the Build- ing Amendment Act 2005 (2005 No 31).
Section 254(3): amended, on 14 April 2005, by section 16(2)(o) of the Building Amendment Act 2005 (2005 No 31).

Section 254(3)(b): amended, on 14 April 2005, by section 16(2)(q) of the Build- ing Amendment Act 2005 (2005 No 31).

(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.

Section 255(1): amended, on 14 April 2005, by section 16(2)(o) of the Building Amendment Act 2005 (2005 No 31).
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) (b) a person appointed under subsection (1); or if no person is appointed, the chief executive.
211 Part 3 s 257 Building Act 2004 Reprinted as at 28 November 2013 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) Audit fees Heading: inserted, on 15 March 2008, by section 45 of the Building Amendment Act 2008 (2008 No 4).

257A Fees for audits A dam owner accreditation body may charge an accredited dam owner the prescribed fee (if any) for an audit conducted under section 257(a) by the dam owner accreditation body on the accredited dam owner.

Section 257A: inserted, on 15 March 2008, by section 45 of the Building Amendment Act 2008 (2008 No 4).
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), and on payment by the person of the prescribed fee (if any), 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— be made in writing; and be given in the prescribed manner (if any); and contain the prescribed information (if any).

[Repealed] (a) (b) (c) (d) Section 258(1): amended, on 15 March 2008, by section 46(1) of the Building Amendment Act 2008 (2008 No 4).

Section 258(3)(c): amended, on 15 March 2008, by section 46(2) of the Build- ing Amendment Act 2008 (2008 No 4).
212 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 260 Section 258(3)(d): repealed, on 15 March 2008, by section 46(3) of the Building Amendment Act 2008 (2008 No 4).

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) (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 213 Part 3 s 261 Building Act 2004 Reprinted as at 28 November 2013 (b) in the case of a notice that accreditation has been re- voked, remove the name of the dam owner from that register.
Subpart 7—Responsibilities of product certification accreditation body Appointment of product certification accreditation body 261 Chief executive may appoint product certification (1) accreditation body The chief executive may— (a) appoint a person as a product certification accreditation body; and revoke the appointment at any time.
(b) (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) 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.
(2) (3) 214 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 264 Audit fees Heading: inserted, on 15 March 2008, by section 47 of the Building Amendment Act 2008 (2008 No 4).

262A Fees for audits A product certification accreditation body may charge an ac- credited product certification body the prescribed fee (if any) for an audit conducted under section 262(1)(a) by the product certification accreditation body on the accredited product cer- tification body.
Section 262A: inserted, on 15 March 2008, by section 47 of the Building Amendment Act 2008 (2008 No 4).

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, and on payment by the person or body of the prescribed fee (if any), accredit that person or body to perform the func- tions of a product certification body under this subpart.
Section 263: amended, on 15 March 2008, by section 48 of the Building Amendment Act 2008 (2008 No 4).
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- 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.
215 Part 3 s 265 Building Act 2004 Reprinted as at 28 November 2013 265 Application for accreditation An application for accreditation under section 263 must— (a) (b) (c) (d) Section 265(c): amended, on 15 March 2008, by section 49(1) of the Building Amendment Act 2008 (2008 No 4).

be made in writing; and be given in the prescribed manner (if any); and contain the prescribed information (if any).
[Repealed] Section 265(d): repealed, on 15 March 2008, by section 49(2) of the Building Amendment Act 2008 (2008 No 4).
266 Suspension or revocation of accreditation (1) A product certification accreditation body or the chief execu- tive may, at any time, suspend or revoke the accreditation under section 263 of a product certification body, if the prod- uct certification accreditation body or 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) (2) A product certification accreditation body that, or chief execu- tive who, suspends the accreditation of a product certification body must— (a) give the product certification body a reasonable period to meet the criteria and standards prescribed for ac- creditation; and lift the suspension if it or he or she is satisfied that the product certification body meets those standards and criteria within that period.
(b) (3) A product certification accreditation body or the chief execu- tive may revoke the accreditation of a product certification body at the expiry of the period given in subsection (2), if the product certification body has not met the criteria and stand- ards prescribed for accreditation within that period.
(4) Despite subsections (1) and (3), the product certification ac- creditation body or the chief executive must not suspend or revoke the accreditation of a product certification body if— 216 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 268 (5) (a) (b) 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.
The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force.

Section 266: substituted, on 15 March 2008, by section 50 of the Building Amendment Act 2008 (2008 No 4).
267 Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation (1) A product certification accreditation body must notify the chief executive when it grants, suspends, lifts the suspension of, 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, suspension, lifting of sus- pension, or revocation to which it relates.

Section 267 heading: amended, on 15 March 2008, by section 51(1) of the Building Amendment Act 2008 (2008 No 4).

Section 267(1): amended, on 15 March 2008, by section 51(2) of the Building Amendment Act 2008 (2008 No 4).
Section 267(2)(b): amended, on 15 March 2008, by section 51(3) of the Build- ing Amendment Act 2008 (2008 No 4).

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) 217 Part 3 s 269 Building Act 2004 Reprinted as at 28 November 2013 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.

(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 on conviction to a fine not exceeding $5,000.

Section 270(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
271 Suspension or revocation of product certificate (1) A product certification body that performed the certification of a building method or product, or the chief executive, may, at any time, suspend or revoke that product certificate if the product certification body or chief executive has first given the proprietor of the building method or product a reasonable opportunity to be heard, and the product certification body or chief executive is satisfied that— 218 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 271 (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.
(2) A product certification body that, or chief executive who, sus- pends a product certificate must— (a) give the proprietor of the building method or product a reasonable period to rectify the matter that led to the suspension of the product certificate; and lift the suspension if it or he or she is satisfied that the proprietor of the building method or product has recti- fied the matter within that period.
(b) (3) A product certification body or the chief executive may revoke the product certificate at the expiry of the period given in sub- section (2) if, within that period, the proprietor of the building method or product has not rectified the matter that led to the suspension of the product certificate.
(4) Despite subsections (1) and (3), the product certification body or the chief executive must not suspend or revoke a product certificate if— (a) the prescribed criteria and standards for certification are amended; and the building method or product to which the certifi- cate relates no longer meets those criteria and standards solely as a result of the amendments.

(b) (5) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force.
Section 271: substituted, on 15 March 2008, by section 52 of the Building Amendment Act 2008 (2008 No 4).

219 Part 3 s 272 Building Act 2004 Reprinted as at 28 November 2013 Section 271(2)(b): amended, on 7 July 2010, by section 9 of the Building Amendment Act 2010 (2010 No 50).
272 Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate (1) A product certification body must notify the chief executive when it issues, suspends, lifts the suspension of, 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, suspension, lifting of sus- (2) pension, or revocation to which it relates.

Section 272 heading: amended, on 15 March 2008, by section 53(1) of the Building Amendment Act 2008 (2008 No 4).

Section 272(1): amended, on 15 March 2008, by section 53(2) of the Building Amendment Act 2008 (2008 No 4).
Section 272(2)(b): amended, on 15 March 2008, by section 53(3) of the Build- ing Amendment Act 2008 (2008 No 4).
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: (aaa) a register of national multiple-use approvals: (a) a register of building consent authorities for the pur- poses of section 191: [Repealed] 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.
(b) (c) (d) (e) (2) The chief executive must— 220 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 274 (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) (3) (4) (5) 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) Section 273(1)(aaa): inserted, on 1 February 2010, by section 27 of the Building Amendment Act 2009 (2009 No 25).

Section 273(1)(b): repealed, on 14 April 2005, by section 20(1) of the Building 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,— (iaa) in the case of the register of national multiple-use approvals, the names and contact details of the persons who have been issued with national mul- tiple-use approvals, together with a description of each approval and any conditions that have been imposed; and 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 (i) 221 Part 3 s 275 Building Act 2004 Reprinted as at 28 November 2013 (ii) (iii) (iv) (v) [Repealed] 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 in the case of the register of certified building methods or products, which building methods or products are certified; and (b) to facilitate the compliance, audit, and other support- ing and administrative functions of the chief executive under this Act.
Section 274(a)(iaa): inserted, on 1 February 2010, by section 28 of the Building Amendment Act 2009 (2009 No 25).

Section 274(a)(ii): repealed, on 14 April 2005, by section 20(2) of the 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: 222 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 278 (b) whether a territorial authority is properly exercising its powers under this Act.
(2) (3) 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: (i) 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 (ii) (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 Non-performance 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 the Minister must consider whether the should be made, territorial authority is capable of performing its functions or 223 Part 3 s 279 Building Act 2004 Reprinted as at 28 November 2013 (2) (3) 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 considers that the territorial authority is capable of do- ing so.
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 224 Reprinted as at 28 November 2013 Building Act 2004 Part 3 s 281A (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.

(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) Subpart 9—Fees, charges, and additional costs Subpart 9: inserted, on 13 March 2012, by section 65 of the Building Amend- ment Act 2012 (2012 No 23).
281A What fees and charges may be imposed (1) This section applies when a territorial authority, building con- sent authority, or a regional authority (in this section and in sections 281B to 281D called the authority) imposes a fee or charge (or both) under section 219, 240, or 243 for a function or service performed by the authority under this Act.
Each authority has a discretion as to how the fee or charge is charged or set and how it may be paid or collected, and may (by way of example and without limiting an authority’s discretion)— (a) (b) charge a fixed or variable fee: require a deposit and then further payment: (2) 225 Part 3 s 281B Building Act 2004 Reprinted as at 28 November 2013 (c) (d) require full payment at the outset: charge on the basis of an hourly rate or any other rate or method of charging.
(3) An authority may impose a fee or charge whether or not the function or service in question is performed on the application of another person or on the initiative of the authority itself.

Section 281A: inserted, on 13 March 2012, by section 65 of the Building Amendment Act 2012 (2012 No 23).
281B Authority may increase fee or charge to meet additional (1) (2) cost If a fee or a charge imposed by an authority for a function or service performed by the authority under this Act is, in any particular case, inadequate to meet the authority’s actual and reasonable costs in performing that function or service, the authority may increase the amount of the fee or charge to meet the additional cost.
The authority must, on request by the person liable to pay the increased fee or charge, provide an estimate of the increase in the fee or charge.

Section 281B: inserted, on 13 March 2012, by section 65 of the Building Amendment Act 2012 (2012 No 23).

281C Authority may waive or refund fee or charge An authority may, in its discretion, waive or refund, in whole or in part, any fee or charge imposed by it for a function or service performed by it under this Act.
Section 281C: inserted, on 13 March 2012, by section 65 of the Building Amendment Act 2012 (2012 No 23).

281D Validity of previous fees, charges, and additional costs (1) This section applies to a fee, charge, or additional cost that was imposed by, paid to, or collected by an authority before the commencement of this section.
(2) Any question relating to the validity of the fee, charge, or ad- ditional cost must be determined as if sections 281A and 281B were in force at the time of the imposition, payment, or col- lection of the fee, charge, or additional cost.

226 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 282 (3) Nothing in this section affects the validity of a fee, charge, or additional cost that is the subject of a proceeding that was commenced before the commencement of this section.
Section 281D: inserted, on 13 March 2012, by section 65 of the Building Amendment Act 2012 (2012 No 23).
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 licensing class 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, maintenance, or reporting procedures stated in a compliance schedule (b) (c) (d) (e) any action taken under section 318; and an order decision includes— (a) (b) decision-maker, in relation to an appeal, means the person or body that made the decision or took the action appealed against 227 Part 4 s 282A Building Act 2004 Reprinted as at 28 November 2013 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.
Section 282 applicable minimum standards for licensing paragraph (a): amended, on 15 March 2008, by section 54(1) of the Building Amendment Act 2008 (2008 No 4).

Section 282 building inspection work paragraph (e): substituted, on 15 March 2008, by section 54(2) of the Building Amendment Act 2008 (2008 No 4).

Purposes of licensing Heading: inserted, on 15 March 2008, by section 55 of the Building Amendment Act 2008 (2008 No 4).
282A Purposes of licensing building practitioners The purposes of licensing building practitioners under this Act are— (a) to assess and record building practitioners as having cer- tain skills and knowledge relevant to building work; and to license building practitioners so that, in regard to re- stricted building work, licensed building practitioners can carry it out or supervise it.

(b) Section 282A: inserted, on 15 March 2008, by section 55 of the Building Amendment Act 2008 (2008 No 4).
General procedure of Board and Registrar under this Part 283 Specified procedure for making decisions In the performance and exercise of their decision-making functions and powers under this Part, the Board and the 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 (b) (c) 228 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 286 comply with the regulations.
(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 Licensing classes Heading: substituted, on 15 March 2008, by section 56 of the Building Amend- ment Act 2008 (2008 No 4).
285 Licensing classes may be designated by regulations (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, designate a licensing class or classes for carrying out or supervising particular types of— (a) (b) building work: building inspection work.

(2) An order made under subsection (1) may designate a licensing class or classes for carrying out the work, or for supervising the work, or for carrying out or supervising the work.
Section 285: substituted, on 15 March 2008, by section 56 of the Building Amendment Act 2008 (2008 No 4).

Section 285(2): Amendment Act 2012 (2012 No 23).
inserted, on 13 March 2012, by section 67 of the Building How to become licensed 286 Entitlement to be licensed 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 being licensed be- cause of any action taken by the Board under section 318; and (b) 229 Part 4 s 287 Building Act 2004 Reprinted as at 28 November 2013 (c) 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.
(d) Section 286 heading: amended, on 15 March 2008, by section 57(1) of the Building Amendment Act 2008 (2008 No 4).

Section 286(b): amended, on 15 March 2008, by section 57(2) of the Building Amendment Act 2008 (2008 No 4).

287 Applications to become licensed An application to become licensed under this subpart must be made to the Registrar in accordance with the rules.

Section 287 heading: amended, on 15 March 2008, by section 58(1) of the Building Amendment Act 2008 (2008 No 4).
Section 287: amended, on 15 March 2008, by section 58(2) of the Building Amendment Act 2008 (2008 No 4).
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) license the applicant; and send to the applicant evidence that he or she has been licensed, 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) 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.

Section 288(1)(a): substituted, on 15 March 2008, by section 59(1) of the Build- ing Amendment Act 2008 (2008 No 4).

the Registrar’s decision; and the applicant’s right of appeal against the decision.
Section 288(1)(b): amended, on 15 March 2008, by section 59(2) of the Build- ing Amendment Act 2008 (2008 No 4).

(2) (3) 230 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 291 Provisions relating to licences 289 Duty to produce evidence of being licensed A licensed building practitioner must, if asked by any person, produce for inspection by the person either— (a) the evidence of being licensed sent to the licensed build- ing practitioner under section 288(1)(b); or a copy of that evidence.
(b) Section 289 heading: amended, on 15 March 2008, by section 60(1) of the Building Amendment Act 2008 (2008 No 4).

Section 289(a): amended, on 15 March 2008, by section 60(2) of the Building Amendment Act 2008 (2008 No 4).

290 Term of being licensed Licensing continues in force until it is cancelled or suspended under this subpart.

Section 290: substituted, on 15 March 2008, by section 61 of the Building Amendment Act 2008 (2008 No 4).
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 were licensed in a class or classes specified in the order.
(3) A person who is treated as being licensed in a particular class or classes under subsection (2) may not apply under this Act to be licensed in another class that is substantially equivalent to the class of licensing in which he or she is treated as being licensed.

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 were licensed (for example, he or she need not apply to become licensed or pay any fees under this subpart).
Section 291(2): amended, on 15 March 2008, by section 62(1) of the Building Amendment Act 2008 (2008 No 4).

(4) 231 Part 4 s 292 Building Act 2004 Reprinted as at 28 November 2013 Section 291(3): substituted, on 15 March 2008, by section 62(2) of the Building Amendment Act 2008 (2008 No 4).

Section 291(4): substituted, on 15 March 2008, by section 62(2) of the Building Amendment Act 2008 (2008 No 4).
Continuation of licensing (1) 292 Licensed building practitioner must meet applicable minimum standards for licensing to continue 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.
(2) (3) A licensed building practitioner who continues to meet those standards is entitled to the continuation of his or her licensing, subject to section 303.

Section 292 heading: amended, on 15 March 2008, by section 63(1) of the Building Amendment Act 2008 (2008 No 4).

Section 292(3): amended, on 15 March 2008, by section 63(2) of the Building Amendment Act 2008 (2008 No 4).
293 Consequences of failure to meet applicable minimum 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 licensing 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— (a) (b) Section 293(1)(a): amended, on 15 March 2008, by section 64 of the Building Amendment Act 2008 (2008 No 4).

cancel the person’s licensing; and remove the person’s name from the register.

Section 293(2)(a): amended, on 15 March 2008, by section 64 of the Building Amendment Act 2008 (2008 No 4).
(1) (2) 232 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 295 Licensing cancellation and suspension Heading: substituted, on 15 March 2008, by section 65 of the Building Amend- ment Act 2008 (2008 No 4).
294 Cancellation of licensing The Registrar must cancel a person’s licensing and remove the person’s name from the register— (a) if the person, by written notice, requests the Registrar to cancel his or her licensing; or in accordance with section 293(2) (consequences of failure to meet applicable minimum standards for li- censing); or in accordance with section 318 (disciplinary penalties); or in accordance with section 319 (non-payment of fines or costs).
(b) (c) (d) Section 294 heading: amended, on 15 March 2008, by section 66(1) of the Building Amendment Act 2008 (2008 No 4).

Section 294: amended, on 15 March 2008, by section 66(2) of the Building Amendment Act 2008 (2008 No 4).

Section 294(a): amended, on 15 March 2008, by section 66(2) of the Building Amendment Act 2008 (2008 No 4).
295 Mandatory licensing suspension (1) The Registrar must suspend a person’s licensing and record the suspension in the register in accordance with section 293(1) (consequences of failure to meet applicable minimum stand- ards 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 licensing 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 licensing is ne- cessary for the purpose of protecting the public; and record that suspension in the register.
(b) The Board must suspend a person’s licensing and direct the Registrar to record the suspension in the register in accordance with— (a) section 318 (disciplinary penalties); or (2) (3) 233 Part 4 s 296 Building Act 2004 Reprinted as at 28 November 2013 section 319 (non-payment of fines or costs).

(b) Section 295 heading: substituted, on 15 March 2008, by section 67(1) of the Building Amendment Act 2008 (2008 No 4).
Section 295(1): amended, on 15 March 2008, by section 67(2) of the Building Amendment Act 2008 (2008 No 4).

Section 295(2)(a): amended, on 15 March 2008, by section 67(2) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 295(3): amended, on 15 March 2008, by section 67(2) of the Building Amendment Act 2008 (2008 No 4).
296 Voluntary licensing suspension (1) A licensed building practitioner may, by written notice, re- quest the Registrar to suspend his or her licensing for a period specified in the notice.

The Registrar must then suspend that person’s licensing, and record the suspension in the register, for that specified period (subject to the rules).

(2) (4) (3) A person whose licensing is suspended under this section may, by written notice to the Registrar, request the Registrar to re- vive the person’s licensing.
The Registrar must then revive that person’s licensing (unless there is some other ground to suspend or cancel that person’s licensing under this subpart).

Section 296 heading: substituted, on 15 March 2008, by section 68(1) of the Building Amendment Act 2008 (2008 No 4).

Section 296(1): amended, on 15 March 2008, by section 68(2) of the Building Amendment Act 2008 (2008 No 4).

Section 296(2): amended, on 15 March 2008, by section 68(2) of the Building Amendment Act 2008 (2008 No 4).
Section 296(3): amended, on 15 March 2008, by section 68(2) of the Building Amendment Act 2008 (2008 No 4).

Section 296(4): amended, on 15 March 2008, by section 68(2) of the Building Amendment Act 2008 (2008 No 4).

297 Effect of licensing suspension (1) A person is not a licensed building practitioner, for the pur- poses of this Act, for the period for which his or her licensing is suspended.
234 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 299 (2) At the end of the period of suspension, the person’s licensing is immediately revived (unless there is some other ground to suspend or cancel that person’s licensing under this subpart).

Section 297 heading: substituted, on 15 March 2008, by section 69(1) of the Building Amendment Act 2008 (2008 No 4).

Section 297(1): amended, on 15 March 2008, by section 69(2) of the Building Amendment Act 2008 (2008 No 4).
Section 297(2): amended, on 15 March 2008, by section 69(2) of the Building Amendment Act 2008 (2008 No 4).

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 regulations, a register of licensed building practitioners.
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.

Section 298(1): amended, on 15 March 2008, by section 70 of the Building Amendment Act 2008 (2008 No 4).
(2) (3) 299 Purpose of register The purpose of the register is— (a) 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 licensing; 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 (ii) (iii) (iv) 235 Part 4 s 300 Building Act 2004 Reprinted as at 28 November 2013 (b) to facilitate the administrative, disciplinary, and other functions of the Board and the Registrar under this Act.
Section 299(a)(i): amended, on 15 March 2008, by section 71 of the Building Amendment Act 2008 (2008 No 4).

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 necessary or practical or appropriate to provide access to the register.

Section 300(3): amended, on 15 March 2008, by section 72 of the Building Amendment Act 2008 (2008 No 4).
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: (g) (h) (i) (j) (k) 236 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 302 (l) information about the status and history of the person’s licensing, particularly— (i) (ii) the class in which the person is licensed; and the date on which the person’s name was entered in the register; and any action taken under section 318 on a discip- linary matter in respect of the person in the last 3 years: (iii) (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 person’s licensing 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 non-payment 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.

Section 301(1)(l): amended, on 15 March 2008, by section 73(1) of the Building Amendment Act 2008 (2008 No 4).
(ii) (iii) Section 301(1)(l)(i): amended, on 15 March 2008, by section 73(2) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 301(2)(a): amended, on 15 March 2008, by section 73(3) of the Build- ing Amendment Act 2008 (2008 No 4).
Updates of register 302 Obligation to notify Registrar of change in circumstances Each person applying to become licensed, and each licensed (1) building practitioner, must give written notice to the Registrar of any change in circumstances within 10 working days after the change.

(2) 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).
(b) Section 302(1): amended, on 15 March 2008, by section 74 of the Building Amendment Act 2008 (2008 No 4).
237 Part 4 s 303 Building Act 2004 Reprinted as at 28 November 2013 303 Registrar must contact licensed building practitioners (b) 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,— (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 licensing 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 licensing 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) The levy may be applied to costs and other expenses incurred in the licensing and disciplining of building practitioners under this Act, including the costs of the operation and administra- tion of the Board.
Section 303(3): amended, on 15 March 2008, by section 75(1) of the Building Amendment Act 2008 (2008 No 4).

cancel the person’s licensing; and remove the person’s name from the register.

(1) (2) (3) (4) (5) (6) 238 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 308 Section 303(4)(a): amended, on 15 March 2008, by section 75(2) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 303(5)(a): amended, on 15 March 2008, by section 75(3) of the Build- ing Amendment Act 2008 (2008 No 4).
Section 303(6): Amendment Act 2012 (2012 No 23).
inserted, on 13 March 2012, by section 68 of the Building 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.

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.

239 Part 4 s 309 Building Act 2004 Reprinted as at 28 November 2013 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 persons’ licensing as part of the licensing 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 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.
(c) (d) (e) Section 311(b): amended, on 15 March 2008, by section 76 of the Building Amendment Act 2008 (2008 No 4).

Section 311(c): substituted, on 14 April 2005, by section 21 of the Building Amendment Act 2005 (2005 No 31).

Section 311(d): substituted, on 14 April 2005, by section 21 of the Building Amendment Act 2005 (2005 No 31).

Section 311(e): added, on 14 April 2005, by section 21 of the Building Amend- ment 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- 240 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 313 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— (a) (2) 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 licensed to carry out or supervise is as stated in the certificate.

(b) (c) (3) The certificate must be dated.


Section 313(2)(c): amended, on 15 March 2008, by section 77 of the Building Amendment Act 2008 (2008 No 4).
241 Part 4 s 314 Building Act 2004 Reprinted as at 28 November 2013 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 on conviction to a fine not exceeding $20,000.

(3) A person commits an offence if the person— (a) (b) fails to produce evidence of being licensed 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 on conviction to a fine not exceeding $5,000.
Section 314(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 314(3)(a): amended, on 15 March 2008, by section 78 of the Building Amendment Act 2008 (2008 No 4).

Section 314(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Code of ethics and competence Heading: inserted, on 13 March 2012, by section 69 of the Building Amendment Act 2012 (2012 No 23).
314A Code of ethics for licensed building practitioners The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe a code or codes of minimum standards of ethical conduct for licensed building practitioners or classes of licensed building practitioners.

Section 314A: inserted, on 13 March 2012, by section 69 of the Building Amendment Act 2012 (2012 No 23).
314B Licensed building practitioner must work within competence A licensed building practitioner must— (a) not misrepresent his or her competence: 242 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 316 (b) carry out or supervise building work only within his or her competence.

Section 314B: inserted, on 13 March 2012, by section 69 of the Building Amendment Act 2012 (2012 No 23).
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 20 316 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 is licensed because he or she is registered, li- censed, or otherwise recognised under any other enact- ment (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.
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.

Section 316(2)(a): amended, on 15 March 2008, by section 79 of the Building Amendment Act 2008 (2008 No 4).
(3) 243 Part 4 s 317 Building Act 2004 Reprinted as at 28 November 2013 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) (d) (da) 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 (other than as an owner-builder) or supervised restricted build- ing work or building inspection work of a type that he or she is not licensed to carry out or supervise; or 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 failed, without good reason, in respect of a building consent that relates to re- stricted building work that he or she is to carry out (other than as an owner-builder) or supervise, or has carried out (other than as an owner-builder)
 or supervised, (as the case may be),— (i) to provide a certificate of work about any plans and specifications required to accompany the building consent application; or to provide the persons specified in section 88(2) with a record of work, on completion of the re- stricted building work, in accordance with sec- tion 88(1); or (ii) (db) a licensed building practitioner has held himself or her- self out as being licensed to carry out or supervise build- ing work or building inspection work of a type that,
 at 244 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 317 (e) (f) (g) (h) (i) that time, he or she was not licensed to carry out or supervise; or a licensed building practitioner has, for the purpose of becoming licensed himself or herself, or for the purpose of any other person becoming licensed,— (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; or (ii) (iii) a licensed building practitioner has failed, without good reason, to provide to the owner the record of work re- ferred to in clause 1(b) of Schedule 1E or clause 1(b) of Schedule 1F; or a licensed building practitioner has breached the code of ethics prescribed under section 314A; or a licensed building practitioner has breached section 314B; or a licensed building practitioner has conducted himself or herself in a manner that brings, or is likely to bring, the regime under this Act for licensed building practi- tioners into disrepute.
(2) The Board may take the action whether or not the person is still a licensed building practitioner.

Compare: 2002 No 17 s 21 Section 317(1)(c): substituted, on 15 March 2008, by section 80(1) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 317(1)(c): amended, on 13 March 2012, by section 70(1) of the Build- ing Amendment Act 2012 (2012 No 23).

Section 317(1)(da): inserted, on 15 March 2008, by section 80(2) of the Build- ing Amendment Act 2008 (2008 No 4).
Section 317(1)(da): amended, on 13 March 2012, by section 70(2)(a) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(da): amended, on 13 March 2012, by section 70(2)(b) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(da)(i): amended, on 13 March 2012, by section 70(3) of the Building Amendment Act 2012 (2012 No 23).
245 Part 4 s 318 Building Act 2004 Reprinted as at 28 November 2013 Section 317(1)(da)(ii): amended, on 13 March 2012, by section 70(4) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(db): inserted, on 15 March 2008, by section 80(2) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 317(1)(e): amended, on 15 March 2008, by section 80(3) of the Build- ing Amendment Act 2008 (2008 No 4).
Section 317(1)(e)(iii): amended, on 13 March 2012, by section 70(5) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(f): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(g): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(h): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).
Section 317(1)(i): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).
318 Disciplinary penalties (1) In any case to which section 317 applies, the Board may— (a) do both of the following things: (i) the person’s licensing and direct the cancel Registrar to remove the person’s name from the register; and order that the person may not apply to be reli- censed before the expiry of a specified period: (ii) (c) (b) suspend the person’s licensing for a period of no more than 12 months or until the person meets specified con- ditions relating to the licensing (but, in any case, not for a period of more than 12 months) and direct the Regis- trar to record the suspension in the register: restrict the type of building work or building inspec- tion work that the person may carry out or supervise under the person’s licensing class or classes 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: (f) order that the person pay a fine not exceeding $10,000.
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 (d) (e) (2) 246 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 320 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) Section 318(1)(a)(i): amended, on 15 March 2008, by section 81(1) of the Building Amendment Act 2008 (2008 No 4).
Section 318(1)(b): amended, on 15 March 2008, by section 81(2) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 318(1)(c): amended, on 15 March 2008, by section 81(3) of the Build- ing Amendment Act 2008 (2008 No 4).
319 Non-payment of fines or costs If money payable by a person under section 318(1)(f) or (4) remains unpaid for 60 days or more after the date of the order, the Board may— (a) cancel the person’s licensing and direct the Registrar to remove the person’s name from the register; or suspend the person’s licensing until the person pays the money and, if he or she does not do so within 12 months, cancel his or her licensing and direct the Registrar to remove his or her name from the register.
(b) Section 319(a): amended, on 15 March 2008, by section 82 of the Building Amendment Act 2008 (2008 No 4).

Section 319(b): amended, on 15 March 2008, by section 82 of the Building Amendment Act 2008 (2008 No 4).
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) are payable to the Registrar: 247 Part 4 s 321 Building Act 2004 Reprinted as at 28 November 2013 (b) are recoverable as a debt due to the Registrar from that person, whether or not he or she remains a licensed building practitioner.
(2) 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.

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 27 248 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 324 323 (1) (2) (3) 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- sion or control of that person that are relevant to the hearing.
(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.

249 Part 4 s 325 Building Act 2004 Reprinted as at 28 November 2013 (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 in accordance with the scales prescribed by regulations under the Criminal Procedure Act 2011.

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 (2) Section 325(1): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 on conviction 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 Section 326(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
250 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 330 327 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 33 328 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 licensing.
(b) (2) A person may appeal to a District Court against any decision of the Board— (a) made by it on an appeal brought under subsection (1); or to take any action referred to in section 318.

(b) 251 Part 4 s 331 Building Act 2004 Reprinted as at 28 November 2013 Section 330(1)(b): amended, on 15 March 2008, by section 83(1) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 330(2): substituted, on 15 March 2008, by section 83(2) of the Building Amendment Act 2008 (2008 No 4).
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.
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 decision-maker 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 252 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 339 (b) may make any other decision or take any other action that the decision-maker 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) (2) (3) reconsideration Instead of determining an appeal under this subpart, the appeal authority may direct the decision-maker to reconsider, either generally or in respect of any specified aspect, the whole or any part of the decision or action.
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 decision-maker— (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 253 Part 4 s 340 Building Act 2004 Reprinted as at 28 November 2013 (2) (3) 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) 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.
(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.

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to every appeal under this section.

Subsection (3) overrides subsection (2).


Section 340(3): replaced, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

(4) (3) 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) 254 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 345 343 Board’s functions (1) The Board’s functions are— (a) (b) (c) (d) 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 powers, of the Board under this Act in accordance with this subpart.
(2) The Board may, in accordance with clause 34 of Schedule 3, delegate any or all of its functions under subsection (1)(b) or (c) to a subcommittee of the Board appointed under that clause.

Section 343(2): inserted, on 13 March 2012, by section 71 of the Building Amendment Act 2012 (2012 No 23).

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 Governor-General 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.

255 Part 4 s 346 Building Act 2004 Reprinted as at 28 November 2013 (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 the number of persons in each licensing class against whom the Board took disciplinary action during the period.
(b) (2) An annual report must be in writing, dated, and signed on be- half of the Board by 2 members.

Section 348(1)(b): amended, on 15 March 2008, by section 84 of the Building Amendment Act 2008 (2008 No 4).

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 256 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 353 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— (i) 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 (ii) (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 stand- ards relating to knowledge and skills) that must be met for each licensing class; and 257 Part 4 s 354 Building Act 2004 Reprinted as at 28 November 2013 (2) (b) minimum standards for demonstrating current compe- tence for each licensing class 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 licensing, 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 licensing (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) (3) The rules must be consistent with this Act.

Compare: 2002 No 17 s 40 Section 353(1)(a): amended, on 15 March 2008, by section 85(1) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 353(1)(b): amended, on 15 March 2008, by section 85(1) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 353(2)(a): amended, on 15 March 2008, by section 85(2) of the Build- ing Amendment Act 2008 (2008 No 4).
Section 353(2)(c): amended, on 15 March 2008, by section 85(2) of the Build- ing Amendment Act 2008 (2008 No 4).

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 258 Reprinted as at 28 November 2013 Building Act 2004 Part 4 s 358 (b) (c) 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.
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 (b) (c) 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.
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 259 Part 4 s 359 Building Act 2004 Reprinted as at 28 November 2013 (ii) 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.
(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.
362 Status of rules The rules are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under sec- tion 41 of that Act.

Section 362: replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
260 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 363 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: inserted, on 14 April 2005, by section 22(1) of the 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) (b) (c) 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 no certificate for public use has been issued under section 363A for the part; or (ii) 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— 261 Part 5 s 363A Building Act 2004 Reprinted as at 28 November 2013 (i) (ii) 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.
(2) For the purposes of subsection (1), a part of premises may be affected by building work— whether or not the work has been completed; and (a) (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 on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

Section 363: substituted, on 14 April 2005, by section 22(1) of the Building Amendment Act 2005 (2005 No 31).

Section 363(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 grounds that members of the public can use the premises or part (as the case may be) safely.

(2) 262 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 363C (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.

Section 363A: inserted, on 14 April 2005, by section 22(1) of the Building Amendment Act 2005 (2005 No 31).
363B Application of section 363 to building work where consent granted, or work begun, before 31 March 2005 [Repealed] Section 363B: repealed, on 13 March 2012, by section 74 of the Building Amendment Act 2012 (2012 No 23).

363C Section 363 does not apply to building work commenced (1) (2) before 31 March 2005 Section 363(1) does not apply to building work commenced before 31 March 2005.

Subsection (1) applies whether or not the work was completed before, on, or after 31 March 2005.
Section 363C: replaced, on 13 March 2012, by section 75 of the Building Amendment Act 2012 (2012 No 23).
263 Part 5 s 364 Building Act 2004 Reprinted as at 28 November 2013 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) on conviction 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.

Section 364(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 364(4): added, on 14 April 2005, by section 23 of the Building Amend- ment 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.

(2) A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.
Compare: 1991 No 150 s 80(g) Section 365(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

264 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 369 366 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 on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 80(h) Section 366(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

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 on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 80(j) Section 367(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

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 on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 80(k) Section 368(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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,— 265 Part 5 s 370 Building Act 2004 Reprinted as at 28 November 2013 (a) (b) knowingly makes a written or oral statement that is false or misleading in a material particular; or knowingly makes a material omission.
(2) A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.

Section 369(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Proceedings for infringement offences 370 Interpretation In this section and sections 371 to 374,— enforcement officer means a person who, under section 371A, may issue an infringement notice 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— (a) an offence that is declared, by regulations made under section 402, to be an infringement offence for the pur- poses of this Act; or an offence that is stated by a provision of this Act to be an infringement offence.
(b) Section 370 enforcement officer: inserted, on 28 November 2013, by section 61(1) of the Building Amendment Act 2013 (2013 No 100).

Section 370 infringement offence: replaced, on 28 November 2013, by section 61(2) of the Building Amendment Act 2013 (2013 No 100).
371 Proceedings for infringement offences (1) A person who is alleged to have committed an infringement offence may either— (a) be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or be served with an infringement notice under section 372.
(b) 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 (2) 266 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 371C Proceedings Act 1957, and in that case the provisions of that section apply with all necessary modifications.

Section 371(1)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
371A Who may issue infringement notices (1) The following persons may issue infringement notices: (a) any person who has been authorised by the chief execu- tive under section 371B(1): any officer of a territorial authority who has been authorised by the territorial authority under section 371B(2).

(b) (2) In this section and in sections 371B and 371D, person means a natural person.

Section 371A: inserted, on 28 November 2013, by section 62 of the Building Amendment Act 2013 (2013 No 100).
371B Authorisation to issue infringement notice (1) The chief executive may authorise any person to issue in- fringement notices under section 372.

(2) A territorial authority may authorise any of its officers to issue (3) infringement notices under section 372.
The chief executive or territorial authority, as the case may be, must issue the person authorised (the enforcement officer) with a warrant that clearly states the functions and powers that the enforcement officer has been authorised to perform or ex- ercise under this Act.

Section 371B: inserted, on 28 November 2013, by section 62 of the Building Amendment Act 2013 (2013 No 100).
371C Conditions of authorisation (1) An enforcement officer authorised under section 371B who ex- ercises or purports to exercise the power to issue an infringe- ment notice under section 372 must— (a) the warrant issued under section 371B(3); and evidence of his or her identity; and carry on him or her— (i) (ii) if required to do so, produce the warrant and evidence referred to in paragraph (a).
(b) 267 Part 5 s 371D Building Act 2004 Reprinted as at 28 November 2013 (2) An enforcement officer who holds a warrant issued under sec- tion 371B(3) must, on the termination of his or her appoint- ment as an enforcement officer, surrender the warrant to the chief executive or the territorial authority, as the case may be.

Section 371C: inserted, on 28 November 2013, by section 62 of the Building Amendment Act 2013 (2013 No 100).
371D Offence to impersonate enforcement officer (1) A person commits an offence if the person impersonates or falsely pretends to be an enforcement officer named in a war- rant issued under section 371B(3).

(2) A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.

Section 371D: inserted, on 28 November 2013, by section 62 of the Building Amendment Act 2013 (2013 No 100).
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) (b) by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a 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.

(3) 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.
Section 372(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
373 Form of infringement notices An infringement notice must be in the prescribed form and must contain the following particulars: 268 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 375 (a) (b) (c) (d) (e) (f) (g) (h) 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.
374 Payment of infringement fees The infringement fee paid in respect of an infringement of- fence must be paid,— (a) in the case of an infringement notice issued by a person authorised by a territorial authority, to that territorial authority: in the case of an infringement notice issued by the chief executive or by a person authorised by the chief execu- tive, to the chief executive.

(b) Section 374: replaced, on 28 November 2013, by section 63 of the Building Amendment Act 2013 (2013 No 100).
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 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- (2) 269 Part 5 s 376 Building Act 2004 Reprinted as at 28 November 2013 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 [Repealed] Section 376: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
377 Filing charging document Any of the following persons may file a charging document for an offence against this Act: (a) (b) (c) (d) Section 377 heading: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

the chief executive; or a territorial authority; or a regional authority; or any person referred to in section 176(g).

Section 377: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
378 Time limit for filing charging document Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an of- fence against this Act ends on the date that is 6 months after the date when the matter giving rise to the charge first became known, or should have become known, to any of the following persons: (a) (b) (c) (d) Section 378: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
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.
270 Reprinted as at 28 November 2013 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 168; 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) Section 381(1)(a): amended, on 15 March 2008, by section 86 of the Building Amendment Act 2008 (2008 No 4).
271 Part 5 s 382 Building Act 2004 Reprinted as at 28 November 2013 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 specifies.
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) 272 Reprinted as at 28 November 2013 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 273 Part 5 s 387 Building Act 2004 Reprinted as at 28 November 2013 (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 Or- ganisations (Criminal Liability) Act 2002 is committed by a person acting as the agent or employee of a Crown organisa- tion, the Crown organisation must (without affecting the per- sonal 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 Li- ability) Act 2002 are brought against a Crown organisation in 274 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 388 (b) (ii) 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) 275 Part 5 s 389 Building Act 2004 Reprinted as at 28 November 2013 (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 commenced the proceedings for that of- fence.
(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) 276 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 391 (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).

To avoid doubt, this section does not apply if the proceedings for the offence were commenced by a person other than a ter- ritorial authority or a regional authority.
Compare: 1991 No 150 s 84 (6) Section 389(1): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 389(6): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
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 Section 391 heading: amended, on 14 April 2005, by section 16(2)(r) of the Building Amendment Act 2005 (2005 No 31).

277 Part 5 s 392 Building Act 2004 Reprinted as at 28 November 2013 Section 391: amended, on 14 April 2005, by section 16(2)(o) of the Building Amendment Act 2005 (2005 No 31).
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) an acceptable solution or a verification method: 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 current national multiple-use approval issued under section 30F (including, in any particular case, any minor customisations permitted by regulations made under section 402(1)(kc)): 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.
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.
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— (c) (ca) (d) (e) (c) (d) (2) (3) (4) 278 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 393 (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) Section 392 heading: amended, on 14 April 2005, by section 16(2)(s) of the Building Amendment Act 2005 (2005 No 31).

Section 392(1): amended, on 14 April 2005, by section 16(2)(o) of the Building Amendment Act 2005 (2005 No 31).
Section 392(1)(a): replaced, on 28 November 2013, by section 65 of the Build- ing Amendment Act 2013 (2013 No 100).

Section 392(1)(ca): inserted, on 1 February 2010, by section 29 of the Building Amendment Act 2009 (2009 No 25).

Section 392(2)(b): amended, on 14 April 2005, by section 16(2)(q) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 392(2)(c): amended, on 14 April 2005, by section 16(2)(q) of the Build- ing Amendment Act 2005 (2005 No 31).
Section 392(3): amended, on 14 April 2005, by section 16(2)(p) of the Building Amendment Act 2005 (2005 No 31).

Section 392(4)(a): amended, on 14 April 2005, by section 16(2)(p) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 392(4)(b): amended, on 14 April 2005, by section 16(2)(p) of the Build- ing Amendment Act 2005 (2005 No 31).
393 Limitation defences (1) The Limitation Act 2010 applies to civil proceedings against any person if those proceedings arise from— (a) building work associated with the design, construction, 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) (3) (2) However, no relief may be granted in respect of civil proceed- ings relating to building work if those proceedings are 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) 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- 279 Part 5 s 394 Building Act 2004 Reprinted as at 28 November 2013 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 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.
(b) Compare: 1991 No 150 s 91 Section 393(1): amended, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110) Section 393(2): amended, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110) 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 280 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 396 (b) (c) 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 with the organisa- tion.
(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- 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 Section 394(4)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
395 Notices in relation to Māori land Part 10 of Te Ture Whenua Maori Act 1993 applies to the service of notices under this Act on owners of Māori 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) (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.
281 Part 5 s 397 Building Act 2004 Reprinted as at 28 November 2013 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) (b) (c) (d) (e) (f) that the building work will be carried out— (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.
397 282 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 400 398 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.
In this section, proceedings includes— (a) adjudication under the Construction Contracts Act 2002; and a claim under the Weathertight Homes Resolution Services Act 2006.

(2) (b) Section 398(2)(b): amended, on 1 April 2007, by section 127(1)(a) of the Weathertight Homes Resolution Services Act 2006 (2006 No 84).
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 Governor-General 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 283 Part 5 s 401 Building Act 2004 Reprinted as at 28 November 2013 (b) generally over a range of circumstances or in particular circumstances only.
Compare: 1991 No 150 s 48(1) 401 Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that pre- scribe— (a) (1) (b) (c) 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.
401A Regulations: building consents and consent completion certificates The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that— (a) define low-risk building work including by specifying any or all of the following: the nature of the building work, the circumstances in which it may be carried out, or the conditions for carrying it out: define simple residential building work: define commercial building work: prescribe types or categories of commercial building work for which a commercial building consent is re- quired: prescribe types or categories of commercial building work for which an application for either a commercial (b) (c) (d) (e) 284 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 401B (f) (g) (h) (i) building consent or a standard building consent may be made: prescribe those aspects of plans and specifications accompanying an application for a simple residential building consent that must be considered by a building consent authority when deciding whether to grant the consent: for the purpose of a determination by a building consent authority whether to issue a consent completion certifi- cate in respect of simple residential building work, pre- scribe— (i) (ii) prescribe the criteria for determining the risk profile of a commercial building: prescribe the matters that must be included in a qual- ity assurance system, including prescribing different matters for different types or categories of commercial building work: define safety system.
the maximum inspections that are required; and the nature of those inspections: (j) Section 401A: inserted, on 13 March 2012, by section 81 of the Building Amendment Act 2012 (2012 No 23).
401B Order in Council declaring work to be restricted building (1) work The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any kind of building work (other than building work for which a building consent is not required) or any kind of design work to be restricted building work.
(2) An order under subsection (1) may apply to any kind of build- ing work or design work generally, or may apply to building work or design work in relation to particular types or categor- ies of buildings or to particular parts of buildings.

The Minister may recommend the making of an order under this section only if the Minister is satisfied that the kind of building work or design work in question is (or is likely to be) critical to the integrity of a building or part of a building.
(3) 285 Part 5 s 402 Building Act 2004 Reprinted as at 28 November 2013 (4) Building work or design work is not restricted building work if it relates to an application for a building consent made before the commencement of an order under subsection (1) declaring building work or design work of the same kind to be restricted building work.

Section 401B: inserted, on 13 March 2012, by section 82 of the Building Amendment Act 2012 (2012 No 23).
402 Regulations: general (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: (a) (b) (c) (d) 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 licensing, disciplining, and registration of build- ing practitioners 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 evidence of being licensed; and the renewal of that evidence of being licensed: (ii) (iii) (e) (da) providing for waivers and refunds of the whole or any part of a fee or charge referred to in paragraph (d): providing for the following matters relating to the levy payable by licensed building practitioners under section 303: (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 (ii) (iii) (iv) 286 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 402 (v) (vi) 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 (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: (f) (g) (h) (i) 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: 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: 287 Part 5 s 402 Building Act 2004 Reprinted as at 28 November 2013 (j) (k) 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: (ka) prescribing eligibility criteria for national multiple-use approvals: (kb) prescribing the period of time within which the chief executive must decide, under section 30E(1), whether to issue a national multiple-use approval: (kc) defining the minor customisations that may be made to plans and specifications in relation to which a national multiple-use approval has been issued when incorpor- ating those plans and specifications into a building con- sent: (l) (kd) defining the minor variations that may be made to a building consent for the purposes of section 45A: 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: [Repealed] (m) (n) (na) designating a licensing class or classes for
 carrying out (o) building work; or building inspection work: or supervising particular types of— (i) (ii) prescribing systems or parts of systems that amount to specified systems for the purposes of this Act: defining moderate earthquake for the purposes of sec- tions 122 and 153: (q) defining moderate flood for the purposes of section 153: (qa) defining earthquake threshold event for the purposes of (p) section 153A: 288 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 402 (qb) defining flood threshold event for the purposes of sec- (r) (s) (t) (ta) (u) (v) (w) a building consent authority; or [Repealed] a dam owner; or a product certification body: tion 153A: 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) (ii) (iii) (iv) prescribing the fees payable for an audit under section 249(a), 257(a), or 262(1)(a), or the rate at which, or method by which, those fees are to be calculated: 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: prescribing— (i) the matters in respect of which fees are payable under this Act, and the amount of those fees; or the rate at which, or method by which, fees are to be calculated for the purposes of this Act: (ii) (wa) defining the meaning of classifiable dam: (wb) defining the meaning of referable dam: (wc) designating or describing an area or proximity to an area (x) or feature for the purposes of section 134A:
 specifying criteria and standards that a dam owner must apply in— (i) (ii) classifying dams; or preparing a dam safety assurance programme: 289 Part 5 s 402 Building Act 2004 Reprinted as at 28 November 2013 (xa) prescribing disclosure information for the purposes of section 362D(2)(a) and the form of that disclosure in- formation: (xb) prescribing a checklist for the purposes of section 362D(2)(b) and the form of that checklist: (xc) prescribing the minimum price for building work for the purposes of section 362D(1)(a) or prescribing the meth- odology for calculating that minimum price, or both: (xf) (xd) prescribing the minimum price for building work for the purposes of section 362F(1) or prescribing the method- ology for calculating that minimum price, or both: (xe) prescribing the content of, or information or clauses or terms that must be contained in, a residential building contract for the purposes of section 362F(2)(c): prescribing any or all of the information and documen- tation for the purposes of section 362T(2): 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: (za) (y) (z) (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) Section 402(1)(d): amended, on 13 March 2012, by section 83(1) of the Build- ing Amendment Act 2012 (2012 No 23).

Section 402(1)(d)(ii): amended, on 15 March 2008, by section 87(1) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(d)(iii): amended, on 15 March 2008, by section 87(1) of the Building Amendment Act 2008 (2008 No 4).

(2) 290 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 402 Section 402(1)(da): inserted, on 13 March 2012, by section 83(2) of the Build- ing Amendment Act 2012 (2012 No 23).

Section 402(1)(e): amended, on 13 March 2012, by section 83(3) of the Build- ing Amendment Act 2012 (2012 No 23).
Section 402(1)(ka): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).

Section 402(1)(kb): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).

Section 402(1)(kc): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).

Section 402(1)(kd): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
Section 402(1)(n): repealed, on 13 March 2012, by section 83(4) of the Building Amendment Act 2012 (2012 No 23).

Section 402(1)(na): inserted, on 15 March 2008, by section 87(2) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 402(1)(o): replaced, on 13 March 2012, by section 83(5) of the Building Amendment Act 2012 (2012 No 23).

Section 402(1)(qa): inserted, on 15 March 2008, by section 87(3) of the Build- ing Amendment Act 2008 (2008 No 4).
Section 402(1)(qb): inserted, on 15 March 2008, by section 87(3) of the Build- ing Amendment Act 2008 (2008 No 4).

Section 402(1)(t)(ii): repealed, on 14 April 2005, by section 20(2) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 402(1)(ta): inserted, on 15 March 2008, by section 87(4) of the Building Amendment Act 2008 (2008 No 4).

Section 402(1)(w): substituted, on 15 March 2008, by section 87(5) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(wa): inserted, on 28 November 2013, by section 67(1) of the Building Amendment Act 2013 (2013 No 100).

Section 402(1)(wb): inserted, on 28 November 2013, by section 67(1) of the Building Amendment Act 2013 (2013 No 100).

Section 402(1)(wc): inserted, on 28 November 2013, by section 67(1) of the Building Amendment Act 2013 (2013 No 100).

Section 402(1)(xa): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
Section 402(1)(xb): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).

Section 402(1)(xc): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).

Section 402(1)(xd): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).

Section 402(1)(xe): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
291 Part 5 s 402A Building Act 2004 Reprinted as at 28 November 2013 Section 402(1)(xf): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
402A Chief executive must review regulations made under section 402(1)(kb) The chief executive must, within 2 years after the commence- ment of regulations made under section 402(1)(kb),— (a) review the prescribed period of time within which the chief executive must decide whether to issue a national multiple-use approval; and prepare for the Minister a report on the findings of that review.

(b) Section 402A: inserted, on 1 August 2009, by section 31 of the Building Amend- ment Act 2009 (2009 No 25).
403 Consultation requirements for making regulations (1) This section applies to— (a) an Order in Council proposed to be made under section 285; or regulations proposed to be made under section 400 or section 401.

(b) 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 (b) (2) (3) (4) 292 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 405 (c) adequate and appropriate consideration of submissions.
(5) A failure to comply with this section does not affect the valid- 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.
Incorporation of material by reference 405 (1) Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods The following material may be incorporated by reference into any instrument: (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) (4) 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) In this section and in sections 406 to 413, instrument means— (a) (b) (c) Section 405 heading: amended, on 28 November 2013, by section 68(1) of the Building Amendment Act 2013 (2013 No 100).

any regulations; and any acceptable solution or verification method; and any Order in Council made under section 41 or 285.

293 Part 5 s 406 Building Act 2004 Reprinted as at 28 November 2013 Section 405 heading: amended, on 15 March 2008, by section 88(1) of the Building Amendment Act 2008 (2008 No 4).
Section 405(1): amended, on 15 March 2008, by section 88(2) of the Building Amendment Act 2008 (2008 No 4).

Section 405(4): added, on 15 March 2008, by section 88(3) of the Building Amendment Act 2008 (2008 No 4).

Section 405(4)(b): replaced, on 28 November 2013, by section 68(2) of the Building Amendment Act 2013 (2013 No 100).
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) (b) (c) 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 in the case of material incorporated in an accept- able solution or a verification method, the chief executive, by notice in the Gazette, adopts the amendment or replacement.
(ii) Section 406(c)(ii): amended, on 28 November 2013, by section 69 of the Build- ing Amendment Act 2013 (2013 No 100).

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) 294 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 409 (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) (ii) 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 (b) the chief executive proposes to— (i) (ii) issue an acceptable solution or a verification method that incorporates material by reference; or publish, under section 406(c)(ii), a notice in the Gazette that adopts an amendment to, or replace- ment of, material incorporated by reference in an acceptable solution or a verification method.
(2) 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 incorpor- ated by reference or the proposed amendment to, or re- placement of, material incorporated by reference (pro- posed material) available for inspection during work- ing 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 295 Part 5 s 409 Building Act 2004 Reprinted as at 28 November 2013 (c) (d) (e) (f) [Repealed] give notice in the Gazette stating that— (i) 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 [Repealed] (iii) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and consider any comments they make.
(ii) (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.
The reference in subsections (2) and (2A) to the proposed ma- terial includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material.

(3) (4) A failure to comply with this section does not invalidate an instrument that incorporates material by reference.

Section 409(1)(b)(i): amended, on 28 November 2013, by section 70 of the Building Amendment Act 2013 (2013 No 100).
Section 409(1)(b)(ii): amended, on 28 November 2013, by section 70 of the Building Amendment Act 2013 (2013 No 100).

Section 409(2)(c): repealed, on 14 April 2005, by section 24(1)(a) of the Build- ing Amendment Act 2005 (2005 No 31).

Section 409(2)(d)(iii): repealed, on 14 April 2005, by section 24(1)(b) of the Building Amendment Act 2005 (2005 No 31).

Section 409(2A): inserted, on 14 April 2005, by section 24(2) of the Building Amendment Act 2005 (2005 No 31).
296 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 410 Section 409(3): amended, on 14 April 2005, by section 24(3) of the Building Amendment Act 2005 (2005 No 31).
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) (ii) (iii) (iv) the material is incorporated in an instrument and the date on which the instrument was made; and 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 297 Part 5 s 411 Building Act 2004 Reprinted as at 28 November 2013 (v) 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.

Section 410(1): substituted, on 14 April 2005, by section 25 of the Building Amendment Act 2005 (2005 No 31).

Section 410(1A): inserted, on 14 April 2005, by section 25 of the Building Amendment Act 2005 (2005 No 31).
411 Application of Legislation Act 2012 to provisions incorporated by reference (2) (1) Nothing in section 41 of the Legislation Act 2012 requires ma- terial that is incorporated by reference in an instrument made or issued under this Act to be presented to the House of Rep- resentatives.
Subpart 1 of Part 3 of the Legislation Act 2012, apart from the modification to the application of section 41 of that Act made by subsection (1), applies to an instrument made or is- sued under this Act (other than a compliance document) that incorporates material by reference.

Part 2 of the Legislation Act 2012 does not apply to material incorporated by reference in an instrument or to an amendment to, or replacement of, that material.
(3) 298 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 416 Section 411: replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

412 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed] Section 412: repealed, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
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) 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: 299 Part 5 s 416 Building Act 2004 Reprinted as at 28 November 2013 on 30 November 2004,— (i) (ii) the Authority is dissolved; and the regulation-making 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, earthquake-prone, 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) 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 on and after the date specified in section 450(3)(b)(ii), only building consent authorities that are registered under section 191 may perform functions relating to building control; and on 30 November 2010,— (a) (b) (c) (d) (e) (f) (g) 300 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 420 (i) (ii) 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.
(2) This section is a guide only to the general scheme and effect of these provisions.

Section 416(1)(f): amended, on 29 August 2007, by section 5(3) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).

Section 416(1)(f): amended, on 14 April 2005, by section 3(8) of the Building Amendment Act 2005 (2005 No 31).

Section 416(1)(g): amended, on 15 March 2008, by section 89 of the Building Amendment Act 2008 (2008 No 4).
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)— (a) is for the avoidance of doubt; and (2) 301 Part 5 s 421 Building Act 2004 Reprinted as at 28 November 2013 (b) 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 service-related, 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 302 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 425 423 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 Auditor-General 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) 303 Part 5 s 426 Building Act 2004 Reprinted as at 28 November 2013 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 304 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 432 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,— 305 Part 5 s 433 Building Act 2004 Reprinted as at 28 November 2013 (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.

Section 433(2)(b): amended, on 14 April 2005, by section 16(2)(b) of the Build- ing Amendment Act 2005 (2005 No 31).
434 Transitional provision for certain entries on certificates of 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 Surveyor-General or the Maori Land Court under section 36(7) of the former Act; and (b) (1) 306 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 436 (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 earthquake-prone 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) 307 Part 5 s 437 Building Act 2004 Reprinted as at 28 November 2013 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 reference to a building certifier that applied for registration, and is registered, under section 191 as a building consent au- thority.
438 Transitional provision for code compliance certificates and compliance schedules issued under former Act (1) On the commencement of this section,— 308 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 439 (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.
[Repealed] (2) (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.

[Repealed] [Repealed] Section 438(2): repealed, on 13 March 2012, by section 87 of the Building Amendment Act 2012 (2012 No 23).
(4) (5) Section 438(3): substituted, on 14 April 2005, by section 26 of the Building Amendment Act 2005 (2005 No 31).

Section 438(4): repealed, on 13 March 2012, by section 87 of the Building Amendment Act 2012 (2012 No 23).

Section 438(5): repealed, on 13 March 2012, by section 87 of the Building Amendment Act 2012 (2012 No 23).
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 an acceptable solution or a verification method.

Section 439(2): amended, on 28 November 2013, by section 72 of the Building Amendment Act 2013 (2013 No 100).
309 Part 5 s 440 Building Act 2004 Reprinted as at 28 November 2013 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.

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.
(3) 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.
310 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 445 443 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 a 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: (a) a building certificate under section 56 of the former Act; or a code compliance certificate under section 95.
(b) In this section, transitional period means the period com- mencing on the date of commencement of this section and end- ing 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 territorial authority if the certificate has not been issued or refused by 30 November 2007.
311 Part 5 s 446 Building Act 2004 Reprinted as at 28 November 2013 (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) (b) (c) 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 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 apply 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 312 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 450 (b) 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).
(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.
450 When territorial authority may and must act as building consent authority during transition to this Act (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.
[Repealed] The period is the period that— (a) (b) begins on the date of commencement of Part 2; and ends on the earlier of— (i) (2) (3) the date on which an application for registration by the territorial authority under section 191 is granted or refused; or 31 March 2009.

(ii) (3A) A territorial authority that is registered under section 191 must, until the time specified in subsection (3B), act as a building consent authority in relation to a dam within the territorial au- thority’s district.
(3B) The time is the earlier of the following: (a) (b) the close of the day before the date specified in subsec- tion (3)(b)(ii); and the time at which the regional authority whose region includes the territorial authority’s district— (i) is registered under section 191; or 313 Part 5 s 451 Building Act 2004 Reprinted as at 28 November 2013 (ii) transfers its functions as a building consent au- thority in relation to dams in that district to an- other regional authority, under subpart 4 of Part 3 of this Act or subpart 2 of Part 3 of the Local Government Act 2002.
(3C) If a territorial authority acts as a building consent authority under subsection (1) or (3A),— (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.

(b) (3D) The Governor-General may, by Order in Council, before the date specified in subsection (3)(b)(ii), specify a later date in substitution for that date.
(3E) An order made under subsection (3D) is a legislative instru- ment and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

This section overrides sections 14 and 193.

Section 450 heading: amended, on 29 August 2007, by section 5(4) of the Build- ing (Consent Authorities) Amendment Act 2007 (2007 No 34).
(4) Section 450(2): repealed, on 29 August 2007, by section 5(5) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).

Section 450(3)(b)(ii): amended, on 26 June 2008, by clause 3 of the Building (Building Consent Authority Transition) Order 2008 (SR 2008/147).

Section 450(3A): inserted, on 29 August 2007, by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
Section 450(3B): inserted, on 29 August 2007, by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).

Section 450(3C): inserted, on 29 August 2007, by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).

Section 450(3D): inserted, on 29 August 2007, by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).

Section 450(3E): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Review of building code 451 Chief executive must review building code (1) The chief executive must, within 3 years after the commence- ment of this section,— 314 Reprinted as at 28 November 2013 Building Act 2004 Part 5 s 451 (2) (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) 315 Schedule 1 Building Act 2004 Reprinted as at 28 November 2013 Schedule 1 Building work for which building consent not required s 42(1)(b) Schedule 1: replaced, on 28 November 2013 (but building work for which a building consent was not required under old Schedule 1 but for which a building consent is required under new Schedule 1 does not require a building consent if the building work commenced before this date), by section 73(1) of the Building Amendment Act 2013 (2013 No 100).
Part 1 Exempted building work General 1 (1) (2) General repair, maintenance, and replacement The repair and maintenance of any component or assembly incorporated in or associated with a building, provided that comparable materials are used.

Replacement of any component or assembly incorporated in or associated with a building, provided that— (a) (b) a comparable component or assembly is used; and the replacement is in the same position.
(3) However, subclauses (1) and (2) do not include the following building work: (a) complete or substantial replacement of a specified sys- tem; or complete or substantial replacement of any component or assembly contributing to the building’s structural be- haviour or fire-safety properties; or repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the pro- visions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or sanitary plumbing or drainlaying under the Plumbers, Gasfitters, and Drainlayers Act 2006.
(b) (c) (d) 316 Reprinted as at 28 November 2013 Building Act 2004 Schedule 1 Part 1—continued 2 3 (1) Territorial and regional authority discretionary exemptions Any building work in respect of which the territorial authority or regional authority considers that a building consent is not necessary for the purposes of this Act because the authority considers that— (a) the completed building work is likely to comply with the building code; or if the completed building work does not comply with the building code, it is unlikely to endanger people or any building, whether on the same land or on other prop- erty.
(b) Single-storey detached buildings not exceeding 10 square metres in floor area Building work in connection with any detached building that— (a) is not more than 1 storey (being a floor level of up to 1 metre above the supporting ground and a height of up to 3.5 metres above the floor level); and does not exceed 10 square metres in floor area; and does not contain sanitary facilities or facilities for the storage of potable water; and does not include sleeping accommodation, unless the building is used in connection with a dwelling and does not contain any cooking facilities.
(b) (c) (d) (2) However, subclause (1) does not include building work in con- nection with a building that is closer than the measure of its own height to any residential building or to any legal bound- ary.
4 (1) Unoccupied detached buildings Building work in connection with any detached building that— (a) houses fixed plant or machinery and under normal cir- cumstances is entered only on intermittent occasions for 317 Schedule 1 Building Act 2004 Reprinted as at 28 November 2013 Part 1—continued (b) (c) the routine inspection and maintenance of that plant or machinery; or is a building, or is in a vicinity, that people cannot enter or do not normally enter; or is used only by people engaged in building work— (i) (ii) in relation to another building; and for which a building consent is required.
(2) However, subclause (1) does not include building work in con- nection with a building that is closer than the measure of its own height to any residential building or to any legal bound- ary.
Tents, marquees, and similar lightweight structures Building work in connection with any tent or marquee, or any similar lightweight structure (for example, a stall, booth, or compartment used at fairs, exhibitions, or markets) that— does not exceed 100 square metres in floor area; and (a) is to be, or has been, used for a period of not more than (b) 1 month.

Pergolas Building work in connection with a pergola.
(b) Repair or replacement of outbuilding The repair or replacement of all or part of an outbuilding if— the repair or replacement is made within the same foot- (a) print area that the outbuilding or the original outbuild- ing (as the case may be) occupied; and in the case of any replacement, the replacement is made with a comparable outbuilding or part of an outbuilding; and the outbuilding is a detached building that is not more than 1 storey; and the outbuilding is not intended to be open to, or used by, members of the public.
(d) (c) 5 6 7 318 Reprinted as at 28 November 2013 Building Act 2004 Schedule 1 Part 1—continued Existing buildings: additions and alterations 8 9 10 Windows and exterior doorways in existing dwellings and outbuildings Building work in connection with a window (including a roof window) or an exterior doorway in an existing dwelling that is not more than 2 storeys or in an existing outbuilding that is not more than 2 storeys, except,— (a) in the case of replacement, if the window or doorway being replaced has failed to satisfy the provisions of the building code for durability, for example, through a fail- ure to comply with the external moisture requirements of the building code; or if the building work modifies or affects any specified system.
(b) Alteration to existing entrance or internal doorway to facilitate access for persons with disabilities Building work in connection with an existing entrance or in- ternal doorway of a detached or semi-detached dwelling to im- prove access for persons with disabilities.
Interior alterations to existing non-residential building Building work in connection with the interior of any existing non-residential building (for example, a shop, office, library, factory, warehouse, church, or school) if the building work— does not modify or affect the primary structure of the (a) building; and does not modify or affect any specified system; and does not relate to a wall that is— (i) a fire separation wall (also known as a firewall); or (b) (c) (ii) made of units of material (such as brick, burnt clay, concrete, or stone) laid to a bond in and joined together with mortar; and does not include sanitary plumbing or drainlaying under the Plumbers, Gasfitters, and Drainlayers Act 2006.
(d) 319 Schedule 1 Building Act 2004 Reprinted as at 28 November 2013 Part 1—continued Internal walls and doorways in existing building Building work in connection with an internal wall (including an internal doorway) in any existing building unless the wall is— (a) (b) (c) (d) (e) made of units of material (such as brick, burnt clay, concrete, or stone) laid to a bond in and joined together with mortar.
load-bearing; or a bracing element; or a fire separation wall (also known as a firewall); or part of a specified system; or Internal linings and finishes in existing dwelling Building work in connection with any internal linings or fin- ishes of any wall, ceiling, or floor of an existing dwelling.
Thermal insulation Building work in connection with the installation of thermal insulation in an existing building other than in— an external wall of the building; or (a) an internal wall of the building that is a fire separation (b) wall (also known as a firewall).
Penetrations Building work in connection with the making of a penetration not exceeding 300 millimetres in diameter to enable the pas- sage of pipes, cables, ducts, wires, hoses, and the like through any existing dwelling or outbuilding and any associated build- ing work, such as weatherproofing, fireproofing, or sealing, provided that— (a) in the case of a dwelling, the dwelling is detached or in a building that is not more than 3 storeys; and in the case of an outbuilding, the outbuilding is detached and is not more than 3 storeys.
(b) In the case of an existing building to which subclause (1) does not apply, building work in connection with the making of a 11 12 13 14 (1) (2) 320 Reprinted as at 28 November 2013 Building Act 2004 Schedule 1 Part 1—continued penetration not exceeding 300 millimetres in diameter to en- able the passage of pipes, cables, ducts, wires, hoses, and the like through the building and any associated building work, such as weatherproofing, fireproofing, or sealing, provided that the penetration— (a) does not modify or affect the primary structure of the building; and does not modify or affect any specified system.
(b) 15 16 17 18 Closing in existing veranda or patio 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.
Awnings Building work in connection with an awning that— is on or attached to an existing building; and (a) is on the ground or first-storey level of the building; and (b) does not exceed 20 square metres in size; and (c) does not overhang any area accessible by the public, (d) including private areas with limited public access, for example, restaurants and bars.
Porches and verandas Building work in connection with a porch or a veranda that— (a) (b) (c) (d) is on or attached to an existing building; and is on the ground or first-storey level of the building; and does not exceed 20 square metres in floor area; and does not overhang any area accessible by the public, including private areas with limited public access, for example, restaurants and bars.
Carports Building work in connection with a carport that— is on or attached to an existing building; and (a) is on the ground level of the building; and (b) 321 Schedule 1 Building Act 2004 Reprinted as at 28 November 2013 Part 1—continued (c) does not exceed 20 square metres in floor area.
Shade sails Building work in connection with a shade sail made of fabric or other similar lightweight material, and associated structural support, that— (a) (b) (c) does not exceed 50 square metres in size; and is no closer than 1 metre to any legal boundary; and is on the ground level, or, if on a building, on the ground or first-storey level of the building.
Other structures Retaining walls Building work in connection with a retaining wall that— (a) (b) retains not more than 1.5 metres depth of ground; and does not support any surcharge or any load additional to the load of that ground (for example, the load of ve- hicles).

Fences and hoardings Building work in connection with a fence or hoarding in each case not exceeding 2.5 metres in height above the supporting ground.
Subclause (1) does not include a fence as defined in section 2 of the Fencing of Swimming Pools Act 1987.

Dams (excluding large dams) Building work in connection with a dam that is not a large dam.
Tanks and pools (excluding swimming pools) Building work in connection with a tank or pool and any struc- ture in support of the tank or pool (except a swimming pool as defined in section 2 of the Fencing of Swimming Pools Act 1987), including any tank or pool that is part of any other build- ing for which a building consent is required, that— 19 20 21 (1) (2) 22 23 322 Reprinted as at 28 November 2013 Building Act 2004 Schedule 1 Part 1—continued (a) (b) (c) (d) (e) (f) (g) does not exceed 500 litres capacity and is supported not more than 4 metres above the supporting ground; or does not exceed 1 000 litres capacity and is supported not more than 3 metres above the supporting ground; or does not exceed 2 000 litres capacity and is supported not more than 2 metres above the supporting ground; or does not exceed 4 000 litres capacity and is supported not more than 1 metre above the supporting ground; or does not exceed 8 000 litres capacity and is supported not more than 0.5 metres above the supporting ground; or does not exceed 16 000 litres capacity and is supported not more than 0.25 metres above the supporting ground; or does not exceed 35 000 litres capacity and is supported directly by ground.
Decks, platforms, bridges, boardwalks, etc Building work in connection with a deck, platform, bridge, boardwalk, or the like from which it is not possible to fall more than 1.5 metres even if it collapses.

Signs Building work in connection with a sign (whether free-stand- ing or attached to a structure) and any structural support of the sign if— (a) no face of the sign exceeds 6 square metres in surface area; and the top of the sign does not exceed 3 metres in height above the supporting ground level.
(b) 24 25 26 Height-restriction gantries Building work in connection with a height-restriction gantry.

323 Schedule 1 Building Act 2004 Reprinted as at 28 November 2013 Part 1—continued Temporary storage stacks Building work in connection with a temporary storage stack of goods or materials.
Private household playground equipment Building work in connection with playground equipment if— the equipment is for use by a single private household; (a) and no part of the equipment exceeds 3 metres in height above the supporting ground level.
(b) Network utility operators or other similar organisations Certain structures owned or controlled by network utility operators or other similar organisations Building work in connection with a motorway sign, stopbank, culvert for carrying water under or in association with a road, or other similar structure that is— a simple structure; and (a) owned or controlled by a network utility operator or (b) other similar organisation.
Demolition Demolition of detached building The complete demolition of a building that is detached and is not more than 3 storeys.

Removal of building element The removal of a building element from a building that is not more than 3 storeys, provided that the removal does not af- fect— (a) (b) (c) the primary structure of the building; or any specified system; or any fire separation.
27 28 29 30 31 324 Reprinted as at 28 November 2013 Building Act 2004 Schedule 1 Part 2 Sanitary plumbing and drainlaying carried out by person authorised under Plumbers, Gasfitters, and Drainlayers Act 2006 Plumbing and drainage 32 (1) (2) Repair, maintenance, and replacement The repair and maintenance of any sanitary plumbing and drainage in or associated with a building, provided that com- parable materials are used.
Replacement of sanitary plumbing and drainage in or associ- ated with a building, provided that— (a) (b) a comparable component or assembly is used; and the replacement is in the same position.
(3) However, subclauses (1) and (2) do not include the following building work: (a) complete or substantial replacement of a specified sys- tem; or repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the pro- visions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or repair or replacement of any water heater (unless per- mitted under clauses 36 to 38).
(b) (c) 33 Drainage access points The opening and reinstatement of any purpose-made access point within a drainage system that is not a NUO system or part of a NUO system.

34 Minor alteration to drains (1) Alteration to drains for a dwelling if the alteration is of a minor (2) nature, for example, shifting a gully trap.

Subclause (1) does not include making any new connection to a service provided by a network utility operator.
325 Schedule 1 Building Act 2004 Reprinted as at 28 November 2013 Part 2—continued 35 Alteration to existing sanitary plumbing (excluding water heaters) (1) Alteration to existing sanitary plumbing in a building, pro- vided that— (a) (b) the total number of sanitary fixtures in the building is not increased by the alteration; and the alteration does not modify or affect any specified system.

(2) Subclause (1) does not include an alteration to a water heater.
Water heaters Repair and maintenance of existing water heater The repair or maintenance of any existing water heater using comparable materials, comparable components, or a compar- able assembly.
Replacement of open-vented water storage heater connected to supplementary heat exchanger The replacement of any water-storage heater connected to a solid-fuel heater or other supplementary heat exchanger if the replacement— (a) (b) is a comparable open-vented water storage heater; and is fixed in the same position, and uses the same pipework, as the replaced water storage heater.
Replacement or repositioning of water heater that is connected to, or incorporates, controlled heat source The replacement of any water heater (including the reposition- ing of an existing water heater) if the replacement water heater is connected to, or incorporates, a controlled heat source or, if connected to or incorporating more than 1 heat source, 2 or more heat sources all of which are controlled.
36 37 38 326 Reprinted as at 28 November 2013 Building Act 2004 Schedule 1 39 40 41 (1) (2) 42 Part 3 Building work for which design is carried out or reviewed by chartered professional engineer Signs Building work in connection with any sign (whether freestand- ing or attached to a structure) and any structural support of the sign.

Plinths Building work in connection with any plinth or similar foun- dation if the plinth or foundation supports plant, a tank, equip- ment, machinery, or any similar item.
Retaining walls Building work in connection with a retaining wall in a rural zone, if— (a) the wall retains not more than 3 metres depth of ground; and the distance between the wall and any legal boundary or existing building is at least the height of the wall.
(b) In subclause (1), rural zone means any zone or area (other than a rural residential area) that, in the district plan of the territorial authority in whose district the building work is to be undertaken, is described as a rural zone, rural resource area, or rural environment, or by words of similar meaning.
Certain public playground equipment Building work in connection with playground equipment if the work is for a government department, Crown entity, li- censed early childhood centre, territorial or regional authority, or other similar public organisation.
327 Schedule 1 Building Act 2004 Reprinted as at 28 November 2013 Part 3—continued 43 Removal of sign, plinth, retaining wall, or public playground equipment The removal of any of the structures referred to in clauses 39 to 42, whether or not the design of the structure has been carried out or reviewed by a chartered professional engineer.
328 Reprinted as at 28 November 2013 Building Act 2004 Schedule 2 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: day-care 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) 329 Schedule 2 Building Act 2004 Reprinted as at 28 November 2013 (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) 330 Reprinted as at 28 November 2013 Building Act 2004 Schedule 3 Schedule 3 Further provisions applying to Board Contents Members’ appointment Method of appointment Qualifications of members Term of appointment Validity of members’ acts Position where concurrent office Resignation and removal of members Resignation Removal from office No compensation for ceasing to hold office Members ceasing to hold office Vacancies in membership of Board Position where vacancy in membership Effect of vacancy in membership Duties of members Accountability for duties Duties of members Collective duties of Board Disclosure of interests of members in matters of Board Meaning of interested Obligation to disclose interest Method of disclosure of interest Consequences of interest Confidentiality of information Confidentiality of information Liability of Board and others Liability of Board and others Members’ remuneration and allowances Members’ remuneration and allowances Chairperson and deputy chairperson Appointment Term of appointment s 346 Page 332 332 333 333 334 334 334 334 334 335 335 335 335 336 336 336 337 337 337 338 338 338 338 331 Schedule 3 Building Act 2004 Reprinted as at 28 November 2013 24 25 26 27 28 29 30 31 32 33 34 1 (1) (2) Resignation Removal Performance and exercise of chairperson’s functions, duties, and powers during vacancy Procedures of Board Procedure generally Notice of meetings Methods of holding meetings Quorum
 Presiding at meetings Voting at meetings Unanimous written resolutions Appointment of subcommittee to deal with complaints and licensing appeals 339 339 339 339 339 340 340 340 341 341 341 Members’ appointment Method of appointment The Governor-General 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 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 (2) 332 Reprinted as at 28 November 2013 Building Act 2004 Schedule 3 management of, an incorporated or unincorporated body under the Companies Act 1993, or the Securities 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) Schedule 3 clause 2(2)(b): substituted, on 25 October 2006, by section 25 of the Securities 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 Governor-General 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.


4 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.

333 Schedule 3 Building Act 2004 Reprinted as at 28 November 2013 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) Removal from office The Governor-General may, on the advice of the Minister given after consultation with the Attorney-General, 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 Governor-General: (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 Governor-General, 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.
Members ceasing to hold office A member ceases to hold office if he or she— resigns in accordance with clause 6; or (a) 7 (1) (2) (3) 8 9 334 Reprinted as at 28 November 2013 Building Act 2004 Schedule 3 (b) (c) (d) 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 Governor-General 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 12 (1) (2) 13 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) in good faith; and Duties of members A member, when acting as a member, must act— (a) (b) with reasonable care, diligence, and skill; and (c) (d) with honesty and integrity; and in accordance with any statement of expectations as to standards of good conduct for members of statutory 335 Schedule 3 Building Act 2004 Reprinted as at 28 November 2013 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.

Schedule 3 clause 15(1)(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
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 16 336 Reprinted as at 28 November 2013 Building Act 2004 Schedule 3 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) in accordance with subclause (2); or (c) in complying with clauses 16 and 17.
(d) (2) A member may disclose, make use of, or act on the information if— 337 Schedule 3 Building Act 2004 Reprinted as at 28 November 2013 (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 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 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.
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.
(2) 22 (1) (2) 23 338 Reprinted as at 28 November 2013 Building Act 2004 Schedule 3 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 27 28 (1) (2) 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 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.

339 Schedule 3 Building Act 2004 Reprinted as at 28 November 2013 (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.

(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) 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 340 Reprinted as at 28 November 2013 Building Act 2004 Schedule 3 (c) 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) 34 (1) Appointment of subcommittee to deal with complaints and licensing appeals The Board may appoint 1 or more subcommittees of the Board and by written notice may delegate to a subcommittee any or all of its functions under section 343(b) and (c).

(2) A subcommittee must have no fewer than 3 members.
(3) The members of a subcommittee must be members of the Board, and the Board must nominate 1 of the members as the chairperson of the subcommittee.

The Board must regulate the procedure of its subcommittees as it thinks fit, and may at any time discharge, alter, or recon- stitute a subcommittee.
(4) 341 Schedule 3 Building Act 2004 Reprinted as at 28 November 2013 (5) A delegation under this clause may be revoked at any time, and the delegation of a function of the Board does not prevent the Board from exercising that function itself.

Schedule 3 clause 34: inserted, on 13 March 2012, by section 90 of the Building Amendment Act 2012 (2012 No 23).
342 Reprinted as at 28 November 2013 Building Act 2004 Schedule 4 Schedule 4 Enactments amended Part 1 Amendments to other Acts (other than local Acts) s 414 Boilers, Lifts, and Cranes Act 1950 (1950 No 53) Amendment(s) incorporated in the Act(s).

Building Research Levy Act 1969 (1969 No 23) Amendment(s) incorporated in the Act(s).

Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17) Amendment(s) incorporated in the Act(s).
Children, Young Persons, and Their Families Act 1989 (1989 No 24) Amendment(s) incorporated in the Act(s).

Civil Defence Emergency Management Act 2002 (2002 No 33) Amendment(s) incorporated in the Act(s).

Costs in Criminal Cases Act 1967 (1967 No 129) Amendment(s) incorporated in the Act(s).

Crown Organisations (Criminal Liability) Act 2002 (2002 No 37) Amendment(s) incorporated in the Act(s).

Dairy Industry Act 1952 (1952 No 55) Amendment(s) incorporated in the Act(s).
Disabled Persons Community Welfare Act 1975 (1975 No 122) Amendment(s) incorporated in the Act(s).

Earthquake Commission Act 1993 (1993 No 84) Amendment(s) incorporated in the Act(s).

343 Schedule 4 Building Act 2004 Reprinted as at 28 November 2013 Part 1—continued Education Act 1989 (1989 No 80) Amendment(s) incorporated in the Act(s).

Electricity Act 1992 (1992 No 122) Amendment(s) incorporated in the Act(s).

Fencing of Swimming Pools Act 1987 (1987 No 178) Amendment(s) incorporated in the Act(s).
Fire Service Act 1975 (1975 No 42) Amendment(s) incorporated in the Act(s).

Gas Act 1992 (1992 No 124) Amendment(s) incorporated in the Act(s).

Hazardous Substances and New Organisms Act 1996 (1996 No 30) Amendment(s) incorporated in the Act(s).

Health Act 1956 (1956 No 65) Amendment(s) incorporated in the Act(s).

Health and Safety in Employment Act 1992 (1992 No 96) Amendment(s) incorporated in the Act(s).

Historic Places Act 1993 (1993 No 38) Amendment(s) incorporated in the Act(s).
Hospitals Act 1957 (1957 No 40) Amendment(s) incorporated in the Act(s).

Human Rights Act 1993 (1993 No 82) Amendment(s) incorporated in the Act(s).

344 Reprinted as at 28 November 2013 Building Act 2004 Schedule 4 Part 1—continued Local Government Act 1974 (1974 No 66) Amendment(s) incorporated in the Act(s).

Local Government Act 2002 (2002 No 84) Amendment(s) incorporated in the Act(s).

Local Government Official Information and Meetings Act 1987 (1987 No 174) Amendment(s) incorporated in the Act(s).
Meat Act 1981 (1981 No 56) Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) Amendment(s) incorporated in the Act(s).

Privacy Act 1993 (1993 No 28) Amendment(s) incorporated in the Act(s).

Public Audit Act 2001 (2001 No 10) Amendment(s) incorporated in the Act(s).

Public Finance Act 1989 (1989 No 44) Amendment(s) incorporated in the Act(s).

Public Works Act 1981 (1981 No 35) Amendment(s) incorporated in the Act(s).
Radiation Protection Act 1965 (1965 No 23) Amendment(s) incorporated in the Act(s).

Resource Management Act 1991 (1991 No 69) Amendment(s) incorporated in the Act(s).

345 Schedule 4 Building Act 2004 Reprinted as at 28 November 2013 Part 1—continued Sale of Liquor Act 1989 (1989 No 63) Amendment(s) incorporated in the Act(s).

Sentencing Act 2002 (2002 No 9) Amendment(s) incorporated in the Act(s).
Schedule 4 Part 1 Weathertight Homes Resolution Services Act 2002: repealed, on 1 April 2007, by section 127(1)(b) of the Weathertight Homes Resolution Services Act 2006 (2006 No 84).

Part 2 Local Acts amended Auckland Improvement Trust Act 1971 (1971 No 9) Amendment(s) incorporated in the Act(s).

Summit Road (Canterbury) Protection Act 2001 (2001 No 3) Amendment(s) incorporated in the Act(s).
Part 3 Regulations amended Dangerous Goods (Class 3—Flammable Liquids) Regulations 1985 (SR 1985/188) Amendment(s) incorporated in the regulations.

District Courts Rules 1992 (SR 1992/109) Amendment(s) incorporated in the rules.

Domestic Violence Act Commencement Order 1998 (SR 1998/343) Amendment(s) incorporated in the order.

Domestic Violence (Public Registers) Regulations 1998 (SR 1998/342) Amendment(s) incorporated in the regulations.
346 Reprinted as at 28 November 2013 Building Act 2004 Schedule 4 Part 3—continued Education (Early Childhood Centres) Regulations 1998 (SR 1998/85) Amendment(s) incorporated in the regulations.

Electricity Regulations 1997 (SR 1997/60) Amendment(s) incorporated in the regulations.

Fire Safety and Evacuation of Buildings Regulations 1992 (SR 1992/361) Amendment(s) incorporated in the regulations.

Gas Regulations 1993 (SR 1993/76) Amendment(s) incorporated in the regulations.
Hospitals Regulations 1993 (SR 1993/156) Amendment(s) incorporated in the regulations.

Old People’s Homes Regulations 1987 (SR 1987/336) Amendment(s) incorporated in the regulations.

Rating Valuations (Local Authority Charges) Regulations 1999 (SR 1999/146) Amendment(s) incorporated in the regulations.
347 Building Act 2004 Reprinted as at 28 November 2013 Building Amendment Act 2008 Public Act Date of assent Commencement 2008 No 4 14 March 2008 see section 2 Title This Act is the Building Amendment Act 2008.

Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Part 2 Validation and transitional provisions Validation in respect of levies on estimated value of building work For the purpose of determining the calculation of any relevant levy on building work, the principal Act must be read as if at all material times it contained the definition of estimated value in section 7 of the Act, as amended by section 6 of this Act.
In this section, relevant levy means a levy— (a) (b) imposed under section 53 of the principal Act; and calculated in accordance with section 53(2)(a) of the principal Act; and prescribed in the Building Levy Order 2005; and paid to the chief executive by the applicant for a build- ing consent.
(c) (d) Transitional provision for content of project information memorandum A territorial authority that issues a project information memo- randum need not comply with section 35(1)(i) of the princi- pal Act in respect of that project information memorandum, as inserted by this Act, unless 6 months have elapsed since the commencement of this Act.
1 2 92 (1) (2) 93 348 Reprinted as at 28 November 2013 Building Act 2004 94 (1) Transitional provision for refusal of application for code compliance certificate This section applies to a code compliance certificate applica- tion— (a) made under section 92 of the principal Act or to which (b) section 436 of the principal Act applies; and in respect of which a building consent authority has not made a decision under section 93 of the principal Act before the commencement of this Act.
(2) A building consent authority that refuses to issue a code com- pliance certificate in respect of an application to which this section applies need not comply with section 95A of the prin- cipal Act, as inserted by this Act, in respect of that refusal unless 3 months have elapsed since the commencement of this Act.
95 (1) Transitional provision for refusal of application for certificate of acceptance This section applies to an application for a certificate of ac- ceptance— (a) made under section 97 of the principal Act or to which (b) section 437 of the principal Act applies; and in respect of which a territorial authority has not granted or refused a certificate of acceptance before the com- mencement of this Act.
(2) A territorial authority that refuses to issue a certificate of ac- ceptance in respect of an application to which this section ap- plies need not comply with section 99A of the principal Act, as inserted by this Act, in respect of that refusal unless 3 months have elapsed since the commencement of this Act.
349 Building Act 2004 Reprinted as at 28 November 2013 Building (National Multiple-use Approval) Regulations 2011 (SR 2011/139) Anand Satyanand, Governor-General Order in Council At Wellington this 16th day of May 2011 Present: His Excellency the Governor-General in Council Pursuant to section 402(1)(ka), (kb), and (w) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister (as defined in section 7 of that Act), makes the following regulations.
1 2 Regulations Title These regulations are the Building (National Multiple-use Ap- proval) Regulations 2011.

Commencement These regulations come into force on 19 May 2011.

6 (1) Revocation and transitional provision The Building (National Multiple-use Approval) Regulations 2009 (SR 2009/409) are revoked.
(2) Any application under section 30B of the Building Act 2004 received by the chief executive before the commencement of these regulations must be considered and determined as 350 Reprinted as at 28 November 2013 Building Act 2004 if these regulations (other than this regulation) had not been made.

Rebecca Kitteridge, Clerk of the Executive Council.

Date of notification in Gazette: 19 May 2011.


351 Notes Building Act 2004 Reprinted as at 28 November 2013 Reprints notes 1 2 3 General This is a reprint of the Building Act 2004 that incorporates all the amendments to that Act as at the date of the last amendment to it.

Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

Editorial and format changes and Editorial made 26 http://www.pco.parliament.govt.nz/editorial-conventions/.
the Legislation Act to sections changes reprints powers format under 2012. using See the 24 of are to also 4 Amendments incorporated in this reprint Building Amendment Act 2013 (2013 No 100) Legislation Act 2012 (2012 No 119): section 77(3) Building Amendment Act 2012 (2012 No 23) Criminal Procedure Act 2011 (2011 No 81): section 413 Limitation Act 2010 (2010 No 110): section 58 Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101): section 4 Building Amendment Act 2010 (2010 No 50) Building Amendment Act 2009 (2009 No 25) Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60): section 17 Building (Building Consent Authority Transition) Order 2008 (SR 2008/147) Building Amendment Act 2008 (2008 No 4) Building (Consent Authorities) Amendment Act 2007 (2007 No 34) Weathertight Homes Resolution Services Act 2006 (2006 No 84): section 127(1) Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74): section 185 352 Reprinted as at 28 November 2013 Building Act 2004 Notes Securities Amendment Act 2006 (2006 No 46): section 25 Building Amendment Act 2005 (2005 No 31) Relationships (Statutory References) Act 2005 (2005 No 3): section 7 State Sector Amendment Act (No 2) 2004 (2004 No 114): section 19(1) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 353