Building Act 2004

1: Title
This Act is the Building Act 2004.
1: Preliminary provisions
1: General
Commencement
2: Commencement
1: The following provisions come into force on 30 November 2004:
a: section 1
b: Part 1 sections 12 to 14
c: sections 131 132
d: subpart 1
e: Part 4
f: Part 5 sections 414 415 429 to 448 450
g: Schedule 3
2: The rest of this Act comes into force on 31 March 2005 (except sections 45(1)﻿(e) 45(2) to 45(4) 84 to 89
3: Sections 45(1)﻿(e) 45(2) to 45(4) 84 to 89 2010 Section 2(3) amended 15 March 2008 section 4 Building Amendment Act 2008 Purpose and principles
3: Purposes
This Act has the following purposes:
a: to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings to ensure that—
i: people who use buildings can do so safely and without endangering their health; and
ii: buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
iii: people who use a building can escape from the building if it is on fire; and
iv: buildings are designed, constructed, and able to be used in ways that promote sustainable development:
b: to promote the accountability of owners, designers, builders, and building consent authorities who have responsibilities for ensuring that building work complies with the building code Section 3 replaced 13 March 2012 section 4 Building Amendment Act 2012
4: Principles to be applied in performing functions or duties, or exercising powers, under this Act
1: This section applies to—
a: the Minister; and
b: the chief executive; and
c: a territorial authority or regional authority (but only to the extent that the territorial authority or regional authority is performing functions or duties, or exercising powers, under subpart 6A
d: in subpart 6B
i: a person who may designate an area for the purposes of that subpart:
ii: a responsible person as defined in section 133BB(1)
2: 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 imposed, or the exercise of powers conferred, on that person by this Act:
a: when dealing with any matter relating to 1 or more household units,—
i: the role that household units play in the lives of the people who use them, and the importance of—
A: the building code
B: the need to ensure that household units comply with the building code
ii: the need to ensure that maintenance requirements of household units are reasonable:
iii: the desirability of ensuring that owners of household units are aware of the maintenance requirements of their household units:
b: the need to ensure that any harmful effect on human health resulting from the use of particular building products, building methods, or building designs
c: the importance of ensuring that each building is durable for its intended use:
d: the importance of recognising any special traditional and cultural aspects of the intended use of a building:
e: the costs of a building (including maintenance) over the whole of its life:
f: the importance of standards of building products, building methods, and building designs building code
g: the importance of allowing for continuing innovation in building products, building methods, and building designs
h: the reasonable expectations of a person who is authorised by law to enter a building to undertake rescue operations or firefighting to be protected from injury or illness when doing so:
i: the need to provide protection to limit the extent and effects of the spread of fire, particularly with regard to—
i: household units (whether on the same land or on other property); and
ii: other property:
j: the need to provide for the protection of other property from physical damage resulting from the construction, use, and demolition of a building:
k: the need to provide, both to and within buildings to which section 118 persons
l: the need to facilitate the preservation of buildings of significant cultural, historical, or heritage value:
m: the need to facilitate the efficient use of energy and energy conservation and the use of renewable sources of energy in buildings:
n: the need to facilitate the efficient and sustainable use in buildings of—
i: building products (including building products
ii: material conservation:
o: the need to facilitate the efficient use of water and water conservation in buildings:
p: the need to facilitate the reduction in the generation of waste during the construction process.
q: the need to ensure that owners, designers, builders, and building consent authorities are each accountable for their role in ensuring that—
i: the necessary building consents and other approvals are obtained for proposed building work; and
ii: plans and specifications are sufficient to result in building work that (if built to those plans and specifications) complies with the building code
iii: building work for which a building consent is issued complies with that building consent; and
iv: building work for which a building consent is not required complies with the building code 1991 No 150 s 6(2) Section 4(1)﻿(c) amended 1 July 2017 section 4 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 4(1)﻿(d) inserted 17 December 2019 section 4 Building Amendment Act 2019 Section 4(2)﻿(b) amended 7 September 2022 section 4(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 4(2)﻿(f) amended 7 September 2022 section 4(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 4(2)﻿(g) amended 7 September 2022 section 4(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 4(2)﻿(k) amended 15 March 2008 section 5 Building Amendment Act 2008 Section 4(2)﻿(n)﻿(i) amended 7 September 2022 section 4(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 4(2)﻿(q) inserted 13 March 2012 section 5 Building Amendment Act 2012 Overview
5: Overview
1: This Act replaces the Building Act 1991.
2: In this Act,—
a: this Part deals with preliminary matters, including—
i: the purpose of this Act:
ii: interpretation:
iii: the application of this Act to the Crown:
b: Part 2 Schedules 1 2 building code
i: the requirements relating to building work (for example, the requirement for a building consent):
ii: 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):
iii: provisions for certain categories of buildings (including dangerous, earthquake-prone, or insanitary buildings):
iv: provisions for the safety of dams:
v: provisions relating to residential pool safety:
c: Part 3
i: sets out the main functions, duties, and powers of the chief executive, territorial authorities, building consent authorities, and regional authorities under this Act:
ii: empowers the chief executive to register building consent authorities Parts 2 3
iii: provides for the appointment of a building consent accreditation body and the accreditation of building consent authorities:
iv: provides for the appointment of a dam owner accreditation body and the accreditation of dam owners:
v: provides for—
A: the appointment of a person as the product certification accreditation body; and
B: the accreditation and registration of product certification bodies; and
C: the certification of building products and building methods and the registration of those certificates:
vi: provides for—
A: the appointment of a person as the modular component manufacturer certification accreditation body; and
B: the accreditation and registration of modular component manufacturer certification bodies; and
C: the certification and registration of modular component manufacturers:
d: Part 4 Schedule 3
da: Part 4A
db: Part 4B
e: Part 5 Schedule 4
i: offences and criminal proceedings:
ii: implied terms of contracts that provide for building work to be carried out in relation to household units:
iii: regulation-making powers:
iv: amendments to other enactments and the repeal of the Building Act 1991:
v: transitional provisions:
f: Schedule 1AA
3: This section is intended only as a guide to the general scheme and effect of this Act. Section 5(2)﻿(b)﻿(v) inserted 1 January 2017 section 4 Building (Pools) Amendment Act 2016 Section 5(2)﻿(c)﻿(ii) amended 14 April 2005 section 16(2)﻿(a) Building Amendment Act 2005 Section 5(2)﻿(c)﻿(v) replaced 7 September 2022 section 5(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 5(2)﻿(c)﻿(vi) replaced 7 September 2022 section 5(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 5(2)﻿(da) inserted 7 September 2022 section 5(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 5(2)﻿(db) inserted 7 September 2022 section 5(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 5(2)﻿(f) inserted 7 September 2022 section 5(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Transitional, savings, and related provisions Heading inserted 1 July 2017 section 5 Building (Earthquake-prone Buildings) Amendment Act 2016
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 5A inserted 1 July 2017 section 5 Building (Earthquake-prone Buildings) Amendment Act 2016 Application of Act to the Crown
6: Act binds the Crown
1: This Act binds the Crown except as provided in subsections (2) to (4).
2: 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 against this Act only if—
a: it is a Crown organisation; and
b: the offence is alleged to have been committed by the Crown organisation; and
c: 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
ii: in accordance with the Crown Organisations (Criminal Liability) Act 2002
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). 1991 No 150 s 5
2: Interpretation
General
7: Interpretation
1: In this Act, unless the context otherwise requires,— abode place of abode
a: means any place used predominantly as a place of residence or abode, including any appurtenances belonging to or enjoyed with the place; and
b: includes—
i: a hotel, motel, inn, hostel, or boarding house:
ii: a convalescent home, nursing home, or hospice:
iii: a rest home or retirement village:
iv: a camping ground:
v: any similar place acceptable solution section 22(1) accredited dam owner section 258 accredited MCMCB section 272J accredited PCB section 263 allotment section 10 alter appurtenant structure safe functioning of the dam as a structure for retaining water or other fluid Authority Board section 282 building sections 8 9 building code section 400 building consent section 49 building consent accreditation body section 248(2) building consent authority section 273(1)﻿(a) building levy section 53 building method section 9B building product section 9A building work
a: means work that is either of the following:
i: for, or in connection with, the construction, alteration, demolition, or removal of a building:
ii: on an allotment that is likely to affect the extent to which an existing building on that allotment complies with the building code
b: includes sitework; and
c: 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 ( see
d: in Part 4 Part 4 ( see
f: includes the manufacture of a modular component cable car
a: means a vehicle—
i: that carries people or goods on or along an inclined plane or a suspended cable; and
ii: that operates wholly or partly outside of a building; and
iii: 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 between the floors of a building certificate of acceptance section 96 certified MCM section 272U chief executive classifiable dam code compliance certificate section 95 compliance schedule section 100 consideration section 2(1) constable section 4 construct crest Crown organisation section 4 dam
a: means an artificial barrier, and its appurtenant structures, that—
i: is constructed to hold back water or other fluid under constant pressure so as to form a reservoir; and
ii: is used for the storage, control, or diversion of water or other fluid; and
iii:
b: includes—
i: a flood control dam; and
ii: a natural feature that has been significantly modified to function as a dam; and
iii: a canal; but
c: does not include a stopbank designed to control floodwaters dam owner accreditation body section 256 dam safety assurance programme section 140 determination subpart 1 drinking water standards section 47 earthquake-prone building section 133AB earthquake rating section 133AC employee
a: in relation to a Crown organisation, the chief executive or principal officer (however described) of that organisation
b: in relation to the New Zealand Defence Force, a member of the Armed Forces (as that term is defined in section 2(1) energy work
a: gasfitting; or
b: prescribed electrical work energy work certificate section 19(1)﻿(e) engineering assessment EPB exemption notice section 133AN EPB methodology section 133AV EPB notice section 133AL EPB register section 273(1)﻿(aab) estimated value consideration section 10 falsework
a: means any temporary structure or framework used to support building products,
b: 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
a: the start and spread of fire; and
b: the smoke and gases that are generated by the start and spread of fire former Act functional requirements gasfitting section 4 heritage building
a: in subpart 6B
i: a building that is included on the New Zealand Heritage List/Rārangi Kōrero maintained under section 65
ii: a building that is included on the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81
iii: a place, or part of a place, that is subject to a heritage covenant under section 39 section 41
iv: a place, or part of a place, that is subject to a heritage order within the meaning of section 187
v: a place, or part of a place, that is included in a schedule of a district plan because of its heritage value:
b: elsewhere in this Act, a building referred to in paragraph (a)﻿(i) or (ii) heritage dam
a: the New Zealand Heritage List/Rārangi Kōrero maintained under section 65
b: the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 high potential impact dam section 134B high seismic risk section 133AD 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
ii: occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household; but
b: does not include a hostel, boardinghouse, or other specialised accommodation immediate pool area independently qualified person
a: who is accepted by a territorial authority as being qualified to—
i: carry out or supervise all or some of the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule; and
ii: certify that those procedures have been fully complied with; and
b: whose acceptance under paragraph (a) has not been withdrawn by the territorial authority independently qualified pool inspector
a: accepted by the chief executive as qualified to carry out inspections to determine whether a pool has barriers that comply with the requirements of section 162C
b: whose acceptance has not been withdrawn intended use
a: includes any or all of the following:
i: any reasonably foreseeable occasional use that is not incompatible with the intended use:
ii: normal maintenance:
iii: activities undertaken in response to fire or any other reasonably foreseeable emergency; but
b: does not include any other maintenance and repairs or rebuilding large dam licensed building practitioner section 298(1) local authority section 5(1) low potential impact dam section 134B low seismic risk section 133AD manufacturer’s certificate section 272ZF MCM scheme rules section 272ZG MCMC accreditation body
a: the person appointed under section 272I
b: if no person is appointed, the chief executive means of escape from fire
a: means continuous unobstructed routes of travel from any part of the floor area of that building to a place of safety; and
b: includes all active and passive protection features required to warn people of fire and to assist in protecting people from the effects of fire in the course of their escape from the fire medium potential impact dam section 134B medium seismic risk section 133AD Minister Ministry minor customisation section 402(1)﻿(kc) minor variation section 402(1)﻿(kd) modular component modular component design national multiple-use approval section 30F natural hazard section 71 network utility operator
a: undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel,
b: operates or proposes to operate a network for the purpose of—
i: telecommunication as defined in section 5
ii: radiocommunications as defined in section 2(1)
c: is an electricity operator or electricity distributor as defined in section 2
d: undertakes or proposes to undertake the distribution of water for supply (including irrigation); or
e: undertakes or proposes to undertake a drainage or sewerage system notice to fix section 164(2) NUO system other property
a: means any land or buildings, or part of any land or buildings, that are—
i: not held under the same allotment; or
ii: not held under the same ownership; and
b: includes a road outbuilding building code owner
a: means the person who—
i: is entitled to the rack rent from the land; or
ii: would be so entitled if the land were let to a tenant at a rack rent; and
b: includes—
i: the owner of the fee simple of the land; and
ii: for the purposes of sections 32 44 92 96 97 176(c) owner-builder section 90B owner-builder exemption section 90D owner-builder status performance criteria person
a: the Crown; and
b: a corporation sole; and
c: a body of persons (whether corporate or unincorporate) person with a disability
a: a physical, sensory, neurological, or intellectual impairment:
b: a mental illness plans and specifications
a: means the drawings, specifications, and other documents according to which a building is proposed to be constructed, altered, demolished, or removed; and
b: includes the proposed procedures for inspection during the construction, alteration, demolition, or removal of a building; and
c: in the case of the construction or alteration of a building, also includes—
i: the intended use of the building; and
ii: the specified systems that the applicant for building consent considers will be required to be included in a compliance schedule required under section 100
iii: the proposed inspection, maintenance, and reporting procedures
d: in the case of a building that will include a modular component, also includes the modular component design of that component pool
a: means—
i: any excavation or structure of a kind normally used for swimming, paddling, or bathing; or
ii: any product (other than an ordinary home bath) that is designed or modified to be used for swimming, wading, paddling, or bathing; but
b: does not include an artificial lake pool operator potable water
a: is safe to drink; and
b: complies with the drinking water standards prescribed prescribed electrical work section 2(1) prescribed fee priority building section 133AE product certificate section 269 product certification accreditation body section 261(2) product certification scheme rules section 272E property
a: includes land, buildings, and goods; but
b: does not include incorporeal forms of property publicly notify
a:
b: in the Gazette
c: on the Internet in an electronic form that is publicly accessible at all reasonable times recognised engineer section 149 referable dam regional authority
a: a regional council; or
b: a unitary authority regional council section 5(1) Registrar section 282 registered MCM section 272Y registered MCMCB section 272N registered PCB section 267A registered product certificate section 272A regulations residential pool
a: in a place of abode; or
b: in or on land that also contains an abode; or
c: in or on land that is adjacent to other land that contains an abode if the pool is used in conjunction with that other land or abode responsible MCMCB
a: the registered MCMCB that certified the person as a modular component manufacturer; or
b: if the certified MCM has been audited under section 272V responsible PCB
a: the registered PCB that issued the certificate; or
b: if the certificate has been reviewed under section 270 restricted building work
a: building work of a kind declared by the Governor-General by Order in Council to be restricted building work ( see
b: design work of a kind declared by the Governor-General by Order in Council to be restricted building work ( see rules , in Part 4 section 360 Legislation Act 2019 scaffolding used in the course of the construction process
a: means a structure, framework, swinging stage, suspended scaffolding, or boatswain's chair, that is of a temporary nature and that is used or intended to be used for—
i: the support or protection of workers engaged in, or in connection with, construction work for the purpose of carrying out the work; or
ii: the support of materials or building products
b: includes any plank, coupling, fastening, fitting, or device used in connection with the construction, erection, or use of scaffolding scope of accreditation section 252 seismic work sitework small heated pool
a: has a water surface area of 5 m 2
b: is designed for therapeutic or recreational use specialised accommodation ( see specified intended life section 113(3) specified system
a: means a system or feature that—
i: is contained in, or attached to, a building; and
ii: contributes to the proper functioning of the building (for example, an automatic sprinkler system); and
iii: is declared by the Governor-General, by Order in Council, to be a specified system for the purposes of this Act ( see
b: includes a cable car statutory authority supervise
a: is performed competently; and
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
i: in relation to land within the district of a territorial authority, or a building on or proposed to be built on any such land, means that territorial authority; and
ii: in relation to any part of a coastal marine area (within the meaning of the Resource Management Act 1991
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 trade
a: the supply or acquisition of goods or services; or
b: the acquisition of household units or any interest in land unitary authority section 5(1) verification method section 22(1) working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
c: a day in the period beginning on 20 December in any year and ending with the close of 10 January in the following year.
2: An order under this section is secondary legislation ( see Part 3 1991 No 150 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(1) abode place of abode inserted 1 January 2017 section 5 Building (Pools) Amendment Act 2016 Section 7(1) acceptable solution replaced 28 November 2013 section 4(1) Building Amendment Act 2013 Section 7(1) accredited MCMCB inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) accredited PCB inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) appurtenant structure amended 28 November 2013 section 4(2) Building Amendment Act 2013 Section 7(1) building method inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) building method or product repealed 7 September 2022 section 6(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) building product inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) building work amended 7 September 2022 section 6(3)﻿(a) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7 building work amended 7 September 2022 section 6(3)﻿(b) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) building work replaced 14 April 2005 section 3(1) Building Amendment Act 2005 Section 7(1) building work inserted 14 April 2005 section 3(1) Building Amendment Act 2005 Section 7(1) building work amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(1) building work inserted 14 April 2005 section 3(1) Building Amendment Act 2005 Section 7(1) building work amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(1) building work inserted 7 September 2022 section 6(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) certified MCM inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) classifiable dam inserted 28 November 2013 section 4(6) Building Amendment Act 2013 Section 7(1) compliance document repealed 28 November 2013 section 4(3)﻿(a) Building Amendment Act 2013 Section 7(1) consideration inserted 15 March 2008 section 6(5) Building Amendment Act 2008 Section 7(1) constable inserted 17 December 2019 section 5 Building Amendment Act 2019 Section 7(1) crest inserted 28 November 2013 section 4(6) Building Amendment Act 2013 Section 7(1) dam repealed 15 March 2008 section 6(1) Building Amendment Act 2008 Section 7(1) drinking water standards inserted 15 November 2021 section 206 Water Services Act 2021 Section 7(1) earthquake-prone building inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) earthquake rating inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) employee amended 25 January 2005 section 19(1) State Sector Amendment Act (No 2) 2004 Section 7(1) enforcement officer repealed 28 November 2013 section 4(3)﻿(b) Building Amendment Act 2013 Section 7(1) engineering assessment inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) EPB exemption notice inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) EPB methodology inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) EPB notice inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) EPB register inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) estimated value amended 15 March 2008 section 6(2) Building Amendment Act 2008 Section 7(1) falsework amended 7 September 2022 section 6(5) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) gasfitting amended 1 April 2010 section 185 Plumbers, Gasfitters, and Drainlayers Act 2006 Section 7(1) heritage building replaced 17 December 2019 section 5 Building Amendment Act 2019 Section 7(1) heritage dam inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) high potential impact dam inserted 28 November 2013 section 4(6) Building Amendment Act 2013 Section 7(1) high seismic risk inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) immediate pool area inserted 1 January 2017 section 5 Building (Pools) Amendment Act 2016 Section 7(1) independently qualified person inserted 13 March 2012 section 6(4) Building Amendment Act 2012 Section 7(1) independently qualified pool inspector inserted 1 January 2017 section 5 Building (Pools) Amendment Act 2016 Section 7(1) large dam replaced 28 November 2013 section 4(7) Building Amendment Act 2013 Section 7(1) local authority inserted 17 December 2019 section 5 Building Amendment Act 2019 Section 7(1) low potential impact dam inserted 28 November 2013 section 4(6) Building Amendment Act 2013 Section 7(1) low seismic risk inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) manufacturer’s certificate inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) MCM scheme rules inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) MCMC accreditation body inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) medium potential impact dam inserted 28 November 2013 section 4(6) Building Amendment Act 2013 Section 7(1) medium seismic risk inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) minor customisation inserted 1 February 2010 section 5 Building Amendment Act 2009 Section 7(1) minor variation inserted 1 February 2010 section 5 Building Amendment Act 2009 Section 7(1) modular component inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) modular component design inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) national multiple-use approval inserted 1 February 2010 section 5 Building Amendment Act 2009 Section 7(1) network utility operator amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 7(1) outbuilding inserted 28 November 2013 section 4(6) Building Amendment Act 2013 Section 7(1) owner replaced 15 March 2008 section 6(3) Building Amendment Act 2008 Section 7(1) owner amended 13 March 2012 section 6(9) Building Amendment Act 2012 Section 7(1) owner-builder inserted 13 March 2012 section 6(4) Building Amendment Act 2012 Section 7(1) owner-builder exemption inserted 13 March 2012 section 6(4) Building Amendment Act 2012 Section 7(1) owner-builder status inserted 13 March 2012 section 6(4) Building Amendment Act 2012 Section 7(1) plans and specifications amended 13 March 2012 section 6(10) Building Amendment Act 2012 Section 7(1) plans and specifications inserted 7 September 2022 section 6(6) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) pool inserted 1 January 2017 section 5 Building (Pools) Amendment Act 2016 Section 7(1) pool operator inserted 1 January 2017 section 5 Building (Pools) Amendment Act 2016 Section 7(1) potable water inserted 15 November 2021 section 206 Water Services Act 2021 Section 7(1) prescribed inserted 13 March 2012 section 6(4) Building Amendment Act 2012 Section 7(1) prescribed fee inserted 15 March 2008 section 6(5) Building Amendment Act 2008 Section 7(1) priority building inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) product certificate inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) product certification scheme rules inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) publicly notify repealed 8 June 2021 section 6(7) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) referable dam inserted 28 November 2013 section 4(6) Building Amendment Act 2013 Section 7(1) registered MCM inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) registered MCMCB inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) registered PCB inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) registered product certificate inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) residential pool inserted 1 January 2017 section 5 Building (Pools) Amendment Act 2016 Section 7(1) residential property developer repealed 1 January 2015 section 4(4) Building Amendment Act 2013 Section 7(1) responsible MCMCB inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) responsible PCB inserted 7 September 2022 section 6(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) restricted building work replaced 13 March 2012 section 6(5) Building Amendment Act 2012 Section 7(1) restricted building work amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(1) restricted building work amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(1) rules amended 7 September 2022 section 6(8) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) rules amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(1) scaffolding used in the course of the construction process amended 7 September 2022 section 6(9) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 7(1) seismic work inserted 1 July 2017 section 6 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 7(1) small heated pool inserted 1 January 2017 section 5 Building (Pools) Amendment Act 2016 Section 7(1) specialised accommodation amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(1) specified system replaced 13 March 2012 section 6(11) Building Amendment Act 2012 Section 7(1) specified system amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(1) territorial authority replaced 13 March 2012 section 6(6) Building Amendment Act 2012 Section 7(1) verification method replaced 28 November 2013 section 4(5) Building Amendment Act 2013 Section 7(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 7(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 7(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Meaning of building
8: Building: what it means and includes
1: In this Act, unless the context otherwise requires, building
a: means a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery, or chattels); and
b: includes—
i: a mechanical, electrical, or other system; and
ii: any means of restricting or preventing access to a residential pool; and
iii: a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1)
iv: 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
c: includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and
d: includes the non-moving parts of a cable car attached to or servicing a building; and
e: after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.
2: 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
b: the system—
i: is required by the building code
ii: if installed, is required to comply with the building code
3: Subsection (1)﻿(c) only applies in relation to—
a: subpart 2
b: a building consent; and
c: a code compliance certificate; and
d: a compliance schedule.
4: This section is subject to section 9 1991 No 150 s 3 Section 8(1)﻿(b)﻿(ii) replaced 1 January 2017 section 6 Building (Pools) Amendment Act 2016 Section 8(1)﻿(c) replaced 14 April 2005 section 4 Building Amendment Act 2005 Section 8(1)﻿(d) inserted 14 April 2005 section 4 Building Amendment Act 2005 Section 8(1)﻿(e) inserted 14 April 2005 section 4 Building Amendment Act 2005
9: Building: what it does not include
In this Act, building
a: a NUO system, or part of a NUO system, that—
i: is external to the building; and
ii: is connected to, or is intended to be connected to, the building to provide for the successful functioning of the NUO system in accordance with the system's intended design and purpose; and
iii: is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or
ab: a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or
ac: security fences, oil interception and containment systems, wind turbines, gantries, and similar machinery and other structures (excluding dams) not intended to be occupied that are part of, or related to, a NUO system; or
b: cranes (including any cranes as defined in regulations made under the Health and Safety at Work Act 2015
c: any of the following, whether or not incorporated within another structure:
i: ski tows:
ii: other similar stand-alone machinery systems; or
d: any description of vessel, boat, ferry, or craft used in navigation—
i: whether or not it has a means of propulsion; and
ii: regardless of what that means of propulsion is; or
e: 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
f: any offshore installation (as defined in section 222
g: containers as defined in regulations made under the Health and Safety at Work Act 2015
h: magazines as defined in regulations made under the Health and Safety at Work Act 2015
i: scaffolding used in the course of the construction process; or
j: falsework. 1991 No 150 s 3 Section 9(ab) inserted 15 March 2008 section 7 Building Amendment Act 2008 Section 9(ac) inserted 13 March 2012 section 8 Building Amendment Act 2012 Section 9(b) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 9(g) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 9(h) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Meanings of building product and building method Heading inserted 7 September 2022 section 7 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
9A: Meaning of building product
1: In this Act, building product
a: could reasonably be expected to be used as a component of a building; or
b: is declared by the Governor-General by Order in Council to be a building product.
2: However, a product that would otherwise be a building product under subsection (1)﻿(a) is not a building product if it is declared by the Governor-General by Order in Council not to be a building product.
3: In determining whether something could reasonably be expected to be used as a component of a building, the following are relevant considerations:
a: the purposes for which the thing is ordinarily used:
b: the purposes for which the manufacturer or supplier intends the thing to be used:
c: the purposes for which the thing is represented as being used for:
d: the purposes for which the thing is likely to be used (because of the way in which it is presented or for any other reason).
4: The matters listed in subsection (3) are relevant, but not determinative, considerations and do not limit what may be considered.
5: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9A inserted 7 September 2022 section 7 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
9B: Meaning of building method
1: In this Act, building method
a: for using 1 or more products or things as part of building work; or
b: for carrying out building work that is declared by the Governor-General by Order in Council to be a building method.
2: However, a method that would otherwise be a building method under subsection (1)﻿(a) is not a building method if it is declared by the Governor-General by Order in Council not to be a building method.
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9B inserted 7 September 2022 section 7 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Meaning of allotment
10: Meaning of allotment
1: In this Act, unless the context otherwise requires, allotment
a: that is a continuous area of land; and
b: whose boundaries are shown on a survey plan, whether or not as a subdivision—
i: approved by way of a subdivision consent granted under the Resource Management Act 1991
ii: allowed or granted under any other Act; and
c: that is—
i: subject to the Land Transfer Act 2017
ii: not subject to that Act and was acquired by its owner under 1 instrument of conveyance.
2: For the purposes of subsection (1), an allotment is taken—
a: to be a continuous area of land even if part of it is physically 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
b: to include the balance of any land from which any allotment is being or has been subdivided. 1991 No 150 s 4 Section 10(1)﻿(c)﻿(i) amended 12 November 2018 section 250 Land Transfer Act 2017
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
b: warns against, or bans the use of, particular building products or building methods
ba: determines applications for national multiple-use approvals; and
c: specifies the kinds of applications for a building consent that must be copied to Fire and Emergency New Zealand section 46
ca: has the functions set out in section 168A
d: monitors and reports annually to the Minister in accordance with section 169
da: monitors, in accordance with section 169A subpart 6A
db: approves the methodology for the preparation of post-event assessments under section 133BQ
dc: approves the form of notices, directions, signs, and post-event assessments for the purposes of subpart 6B
dd: investigates building failures under sections 207C to 207S
e: publishes guidance information on the requirements of this Act and the building code
f: registers building consent authorities Parts 2 3
fa: accepts (and withdraws acceptance of) independently qualified pool inspectors for the purpose of section 162D
g: makes determinations under subpart 1
h: reviews the operation of territorial authorities , regional authorities,
i: grants and revokes accreditation of building consent authorities or appoints a building consent accreditation body to do so; and
ia: sets a methodology under section 133AV
j: grants and revokes accreditation of dam owners or appoints a dam owner accreditation body to do so; and
k: appoints a product certification accreditation body under section 261
ka: registers persons as product certification bodies under section 267A section 272A
kb: makes product certification scheme rules under section 272E
kc: appoints a person as the modular component manufacturer certification accreditation body under section 272I
kd: registers persons as modular component manufacturer certification bodies under section 272N section 272Y
ke: makes MCM scheme rules under section 272ZG
l: disseminates information and provides educational programmes on matters relating to building control; and
m: takes enforcement action (including taking proceedings for offences under this Act) if the chief executive considers that it is desirable to do so—
i: to establish or clarify any matter of principle relating to building or the interpretation of this Act; or
ii: in cases where 1 or more territorial authorities are unwilling or unable to take enforcement action; or
iii: to enforce duties or obligations under subparts 7 7A Parts 4A 4B ; or
iv: to enforce duties or obligations under section 162E
n: establishes and maintains the registers referred to in section 273
o: appoints the Registrar under section 310
p: prepares proposed rules under section 354
pa: issues infringement notices under section 372 section 371B
pb: may provide dispute resolution services under section 175A
q: carries out any other functions and duties specified in this Act; and
r: carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (q). 1991 No 150 s 12(1) Section 11(a) amended 28 November 2013 section 75(1) Building Amendment Act 2013 Section 11(b) amended 7 September 2022 section 8(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 11(ba) inserted 1 February 2010 section 6 Building Amendment Act 2009 Section 11(c) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 11(ca) inserted 13 March 2012 section 9 Building Amendment Act 2012 Section 11(da) inserted 1 July 2017 section 7(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 11(db) inserted 17 December 2019 section 6 Building Amendment Act 2019 Section 11(dc) inserted 17 December 2019 section 6 Building Amendment Act 2019 Section 11(dd) inserted 17 December 2019 section 6 Building Amendment Act 2019 Section 11(f) amended 14 April 2005 section 16(2)﻿(a) Building Amendment Act 2005 Section 11(fa) inserted 1 January 2017 section 7(1) Building (Pools) Amendment Act 2016 Section 11(h) amended 14 April 2005 section 3(4) Building Amendment Act 2005 Section 11(ia) inserted 1 July 2017 section 7(2) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 11(ka) inserted 7 September 2022 section 8(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 11(kb) inserted 7 September 2022 section 8(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 11(kc) inserted 7 September 2022 section 8(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 11(kd) inserted 7 September 2022 section 8(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 11(ke) inserted 7 September 2022 section 8(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 11(m)﻿(ii) replaced 28 November 2013 section 5(1) Building Amendment Act 2013 Section 11(m)﻿(iii) inserted 28 November 2013 section 5(1) Building Amendment Act 2013 Section 11(m)﻿(iii) amended 7 September 2022 section 8(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 11(m)﻿(iii) amended 1 January 2017 section 7(2) Building (Pools) Amendment Act 2016 Section 11(m)﻿(iv) inserted 1 January 2017 section 7(3) Building (Pools) Amendment Act 2016 Section 11(pa) inserted 28 November 2013 section 5(2) Building Amendment Act 2013 Section 11(pb) inserted 1 January 2015 section 5(3) Building Amendment Act 2013
12: Role of building consent authority and territorial authority
1: Under this Act, a building consent authority—
a: issues building consents, but not if a building consent is required to be subject to a waiver or modification of the building code
b: inspects building work for which it has granted a building consent; and
c: issues notices to fix; and
d: issues code compliance certificates; and
e: issues compliance schedules.
2: Under this Act, a territorial authority—
a: performs the functions of a building consent authority set out in subsection (1)﻿(a) (including the issue of building consents subject to a waiver or modification of the building code
i: the territorial authority is also a building consent authority; and
ii: an owner applies to the territorial authority for a building consent; and
b: issues project information memoranda; and
c: grants exemptions under clause 2
d: grants waivers and modifications of the building code
e: issues certificates of acceptance; and
f: issues and amends compliance schedules; and
g: administers annual building warrants of fitness; and
h: enforces the provisions relating to annual building warrants of fitness; and
i: decides the extent to which buildings must comply with the building code
i: they are altered; or
ii: their use is changed; or
iii: their specified intended life changes; and
j: performs functions relating to dangerous, insanitary, or earthquake-prone buildings or buildings located in areas designated under subpart 6B
ja: enforces duties or obligations under section 162C
k: carries out any other functions and duties specified in this Act; and
l: carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (k). Section 12(2)﻿(c) amended 30 May 2017 section 4 Regulatory Systems (Building and Housing) Amendment Act 2017 Section 12(2)﻿(j) replaced 17 December 2019 section 7 Building Amendment Act 2019 Section 12(2)﻿(ja) inserted 1 January 2017 section 8 Building (Pools) Amendment Act 2016
13: Role of regional authority
Under this Act, a regional authority—
a: performs the functions of a building consent authority set out in section 12 building code
b: considers and approves dam classifications; and
c: considers and approves dam safety assurance programmes; and
d: administers the provisions of this Act relating to—
i: dam classifications; and
ii: dam safety assurance programmes; and
iii: dam compliance certificates; and
e: enforces the provisions of the building code
f: adopts a policy on dangerous dams; and
g: carries out any other functions and duties specified in this Act; and
h: carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (g).
14: Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
1: The regional authority is responsible for performing functions under this Act relating to a building that is a dam.
2: If a building includes a dam,—
a: the regional authority is responsible for performing functions under this Act relating to the dam; and
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: For the purposes of subsection (1),—
a: sections 31 to 39
b: sections 40 to 116 section 114(2)﻿(c) 216 to 218 220 to 228 232 276 to 281 363A 371A to 371C 374
4: For the purposes of subsection (2), sections 31 to 116 section 114(2)﻿(c) 216 to 218 220 to 228 232 276 to 281 363A 371A to 371C 374
5: 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 replaced 14 April 2005 section 5 Building Amendment Act 2005 Section 14(3)﻿(b) amended 15 March 2008 section 8(1) Building Amendment Act 2008 Section 14(4) amended 8 June 2021 section 9 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 14(4) amended 15 March 2008 section 8(2) Building Amendment Act 2008
4: Outline of responsibilities under this Act
Subpart 4 inserted 13 March 2012 section 10 Building Amendment Act 2012
14A: Outline of responsibilities under this Act
Sections 14B to 14G
a: are not a definitive and exhaustive statement of the responsibilities of the parties but are an outline only:
b: are for guidance only, and in the event of any conflict between any of those sections and any other provision of this Act, the latter prevails:
c: do not reflect the responsibilities of the parties under any other law or enactment or any contract that may be entered into between them and are not intended to add to the existing responsibilities of the parties Section 14A inserted 13 March 2012 section 10 Building Amendment Act 2012 Section 14A amended 28 November 2013 section 6(1) Building Amendment Act 2013 Section 14A(c) amended 28 November 2013 section 6(2) Building Amendment Act 2013
14B: Responsibilities of owner
An owner is responsible for—
a: obtaining any necessary consents, approvals, and certificates:
b: ensuring that building work carried out by the owner complies with the building consent or, if there is no building consent, with the building code
c: ensuring compliance with any notices to fix. Section 14B inserted 13 March 2012 section 10 Building Amendment Act 2012
14C: Responsibilities of owner-builder
An owner-builder is responsible for ensuring that restricted building work carried out under the owner-builder exemption complies with the building consent and the plans and specifications to which the building consent relates. Section 14C inserted 13 March 2012 section 10 Building Amendment Act 2012
14D: Responsibilities of designer
1: In subsection (2), designer building code
2: A designer is responsible for ensuring that the plans and specifications or the advice in question are sufficient to result in the building work complying with the building code Section 14D inserted 13 March 2012 section 10 Building Amendment Act 2012
14E: Responsibilities of builder
1: In subsection (2), builder
2: A builder who carries out building work that is covered by a building consent is responsible for ensuring that—
a: the building work complies with the building consent and the plans and specifications to which the building consent relates; and
b: all building products and building methods used in carrying out that building work are used in a manner that complies with the building consent and those plans and specifications.
2A: A builder who carries out building work that is not covered by a building consent is responsible for ensuring that—
a: the building work complies with the building code; and
b: all building products and building methods used in carrying out that building work are used in a manner that complies with the building code.
3: A licensed building practitioner who carries out or supervises restricted building work is responsible for—
a: ensuring that the restricted building work is carried out or supervised in accordance with the requirements of this Act; and
b: ensuring that he or she is licensed in a class for carrying out or supervising that restricted building work. Section 14E inserted 13 March 2012 section 10 Building Amendment Act 2012 Section 14E(2) replaced 7 September 2022 section 10 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 14E(2A) inserted 7 September 2022 section 10 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
14F: Responsibilities of building consent authority
A building consent authority is responsible for—
a: checking, in accordance with the requirements of this Act for each type of building consent, to ensure that—
i: an application for a building consent complies with the building code
ii: building work has been carried out in accordance with the building consent for that work:
b: issuing building consents and certificates in accordance with the requirements of this Act. Section 14F inserted 13 March 2012 section 10 Building Amendment Act 2012
14G: Responsibilities of product manufacturer or supplier
1: In subsection (2), product manufacturer or supplier building code
2: A product manufacturer or supplier is responsible for ensuring that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code
3: A person who supplies a building product is responsible for ensuring that the person complies with Part 4B Section 14G inserted 28 November 2013 section 7 Building Amendment Act 2013 Section 14G(3) inserted 7 September 2022 section 11 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
2: Building
1: Preliminary
15: Outline of this Part
1: In general terms, this Part provides—
a: that all building work must comply with the building code
b: how compliance with the building code
baa: for warnings and bans to be issued in relation to building products or building methods:
ba: the effect of a national multiple-use approval and how to apply for one:
c: when a project information memorandum is required and how to apply for one:
d: when a building consent is required and how to apply for one:
e: that an applicant for a building consent is liable to pay a levy to the chief executive if the application is granted:
f: that restricted building work must be carried out or supervised by 1 or more licensed building practitioners:
g: for a building consent authority to issue a notice requiring building work to be fixed so as to comply with this Act and the building consent:
h: that a building consent authority may inspect building work for which it has granted a consent:
i: that all building work under a building consent must have a code compliance certificate issued by the building consent authority that issued the building consent or another building consent authority that agrees to assume responsibility for the building work:
j: that a compliance schedule and annual building warrant of fitness is required for buildings with specified systems:
k: that when a building undergoes alterations it may have to be upgraded to comply with the building code
l: for requirements that must be met when the use or intended life of a building changes:
m: for access and facilities for persons with disabilities to and within buildings:
n: for territorial authorities to perform functions relating to dangerous, earthquake-prone, or insanitary buildings:
na: for territorial authorities and for persons performing functions under the Civil Defence Emergency Management Act 2002 subpart 6B
o: for regional authorities to perform functions relating to dams:
p: for matters relating to residential pool safety.
2: This section is intended only as a guide to the general scheme and effect of this Part. Section 15(1)﻿(baa) inserted 7 September 2022 section 12(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 15(1)﻿(ba) inserted 1 February 2010 section 7(1) Building Amendment Act 2009 Section 15(1)﻿(c) replaced 1 February 2010 section 7(2) Building Amendment Act 2009 Section 15(1)﻿(na) inserted 17 December 2019 section 8 Building Amendment Act 2019 Section 15(1)﻿(p) inserted 7 September 2022 section 12(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
2: Building code
Requirement to comply with building code
16: Building code: purpose
The building code
17: All building work must comply with building code
All building work must comply with the building code 1991 No 150 s 7(1)
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 prescribed in the building code
b: take any action in respect of that building work if it complies with the building code
2: Subsection (1) is subject to any express provision to the contrary in any Act. 1991 No 150 s 7(2) Establishing compliance with building code
19: How compliance with building code is established
1: A building consent authority building code
a: compliance with regulations referred to in section 20
b: compliance with an acceptable solution:
ba: compliance with a verification method:
c: a determination to that effect made by the chief executive under subpart 1
ca: a current national multiple-use approval issued under section 30F
d: a current registered product certificate every
da: in relation to the design and manufacture of a modular component that is designed and manufactured by a registered MCM, a current manufacturer’s certificate issued by that registered MCM:
e: to the extent that compliance with a requirement imposed by regulations made under the Electricity Act 1992 Gas Act 1992 building code
2: In considering whether something complies with the building code
a: must have regard to any relevant warning or ban in force section 26(2)
b: may have regard to any guidance information published by the chief executive under section 175 1991 No 150 s 50 Section 19(1) amended 14 April 2005 section 16(2)﻿(b) Building Amendment Act 2005 Section 19(1)﻿(b) replaced 28 November 2013 section 8 Building Amendment Act 2013 Section 19(1)﻿(ba) inserted 28 November 2013 section 8 Building Amendment Act 2013 Section 19(1)﻿(ca) inserted 1 February 2010 section 8(1) Building Amendment Act 2009 Section 19(1)﻿(d) amended 7 September 2022 section 13(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 19(1)﻿(d) amended 1 February 2010 section 8(2) Building Amendment Act 2009 Section 19(1)﻿(da) inserted 7 September 2022 section 13(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 19(2)﻿(a) amended 7 September 2022 section 13(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Regulations may specify only 1 means of complying with building code
20: Regulations may specify that there is only 1 means of complying with building code
1: Regulations may be made under section 401 building code
2: Without limiting subsection (1), the regulations may specify the means of compliance with the building code
a: prescribed acceptable solutions:
b: prescribed verification methods:
c: building products and building methods that have a current registered product certificate. Section 20(2)﻿(c) replaced 7 September 2022 section 14 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
21: What happens if regulations specifying that there is only 1 means of complying with building code are made or not made
1: If regulations referred to in section 20 building code
2: If the regulations are not made, a person may comply with the building code an acceptable solution or a verification method Section 21(2) amended 28 November 2013 section 9 Building Amendment Act 2013 Acceptable solution or verification method Heading replaced 28 November 2013 section 10 Building Amendment Act 2013
22: Acceptable solution or verification method for use in establishing compliance with building code
1: The chief executive may, by notice in the Gazette building code
2: A person who complies with an acceptable solution or a verification method must, for the purposes of this Act, be treated as having complied with the provisions of the building code
3: Subsection (2) is subject to any regulations referred to in section 20 Section 22 replaced 28 November 2013 section 11 Building Amendment Act 2013
23: Effect of acceptable solution or verification method
A person may comply with an acceptable solution or a verification method in order to comply with the provisions of the building code Section 23 replaced 28 November 2013 section 11 Building Amendment Act 2013
24: Chief executive may amend or revoke acceptable solution or verification method
1: The chief executive may, by notice in the Gazette
2: An amendment or a revocation under subsection (1) does not have retrospective effect. Section 24 replaced 28 November 2013 section 11 Building Amendment Act 2013
25: Content of acceptable solution or verification method
1: An acceptable solution or a verification method must state—
a: the date on which it comes into force; and
b: whether the acceptable solution or verification method, or parts of it, applies to building work for which a building consent has been issued before the date on which the acceptable solution or verification method comes into force.
2: An acceptable solution or a verification method must not contain a provision that—
a: relates to contractual or commercial requirements; or
b: relates to regulatory approvals, dispensations, or waivers; or
c: is inconsistent with this Act or the regulations.
3: Material may be incorporated by reference in an acceptable solution or a verification method in accordance with sections 405 to 413 Section 25 replaced 28 November 2013 section 11 Building Amendment Act 2013
25A: Acceptable solutions and verification methods to be available on Ministry's Internet site
The chief executive must ensure that—
a: promptly after a new acceptable solution or verification method is issued, a digital copy is publicly available on the Ministry's Internet site:
b: even after an acceptable solution or a verification method has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the Ministry's Internet site:
c: promptly after an acceptable solution or a verification method is amended, there are publicly available on the Ministry's Internet site—
i: a digital copy of the amendment; and
ii: a digital copy of the acceptable solution or verification method in its up-to-date form. Section 25A replaced 28 November 2013 section 11 Building Amendment Act 2013 Warnings and bans
26: Chief executive may issue warning about, or ban use of,
building products or building methods
1: This section applies if the chief executive considers on reasonable grounds that the use of a building product or building method building code
2: The chief executive may—
a: issue a warning about the building product or building method
b: declare a ban on the building product or building method
3: The chief executive must publicly notify a warning issued under subsection (2)﻿(a), together with the required information.
3A: A ban declared under subsection (2)﻿(b) is secondary legislation ( see Part 3
3B: The required information must be published with the ban.
4: The chief executive—
a: may, at any time, amend or revoke the warning or ban; and
b: must publicly notify—
i: the amendment or revocation of a warning or ban
ii: the date on which the amendment or revocation of a warning or ban
5: An amendment or revocation of a ban is secondary legislation ( see Part 3
6: The date on which the amendment or revocation comes into force must be published with the amendment or revocation.
7: In this section, required information
a: the date on which the warning or ban comes into force; and
b: in the case of a ban, whether the ban applies to building work for which a building consent has been issued before the date on which the ban comes into force; and
c: whether the procedure in section 29 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publicly notify it (see definition in section 7 •	comply with subsection (3B) or (6) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 26 heading amended 7 September 2022 section 15(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 26(1) amended 7 September 2022 section 15(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 26(2)﻿(a) amended 7 September 2022 section 15(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 26(2)﻿(b) amended 7 September 2022 section 15(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 26(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 26(3A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 26(3B) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 26(4)﻿(b)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 26(4)﻿(b)﻿(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 26(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 26(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 26(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
27: Offence to use
building product or building method
1: A person must not use a building product or building method section 26
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
3: Section 27 heading amended 7 September 2022 section 16(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 27(1) amended 7 September 2022 section 16(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 27(2) replaced 8 June 2021 section 16(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 27(3) repealed 8 June 2021 section 16(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
28: Limits on certain powers of building consent authority in cases involving bans under section 26
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
2: The powers are—
a: to grant a building consent for building work; or
b: 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 Procedural requirements for acceptable solutions, verification methods, warnings, and bans Heading replaced 28 November 2013 section 12 Building Amendment Act 2013
29: Procedural requirements for
acceptable solutions, verification methods
1: This section applies if the chief executive proposes to—
a: issue an acceptable solution or a verification method
b: amend or revoke an acceptable solution or a verification method
c: issue a warning or declare a ban; or
d: amend or revoke a warning or ban.
2: Before doing any of the things referred to in subsection (1), the chief executive must—
a: seek to identify all reasonably practicable options for achieving the objective of the acceptable solution, verification method
b: assess those options by considering—
i: the benefits and costs of each option; and
ii: the extent to which the objective would be promoted or achieved by each option; and
iii: any other matters that, in the chief executive's opinion, are relevant; and
c: publicly notify a statement of proposal; and
d: give persons an opportunity to make submissions on the statement of proposal; and
e: consider those submissions.
3: For the purposes of subsection (2)﻿(c), the chief executive must notify—
a: where copies of the statement of proposal may be obtained; and
b: 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).
4: 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
b: a statement of the reasons for the proposal; and
c: an analysis of the reasonably practicable options, including the proposal, identified under subsection (2); and
d: a detailed statement of the proposed transitional changes (if any) for the acceptable solution, verification method
e: the date on which the acceptable solution, verification method
f: a statement as to whether the acceptable solution, verification method acceptable solution, verification method
g: any other information that the chief executive considers relevant.
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,
b: the acceptable solution, verification method
c: the acceptable solution, verification method
d: the effect of the acceptable solution, verification method 1991 No 150 s 49(9) Section 29 heading amended 28 November 2013 section 13(1) Building Amendment Act 2013 Section 29(1)﻿(a) amended 28 November 2013 section 13(2) Building Amendment Act 2013 Section 29(1)﻿(b) amended 28 November 2013 section 13(3) Building Amendment Act 2013 Section 29(2)﻿(a) amended 28 November 2013 section 13(4) Building Amendment Act 2013 Section 29(4)﻿(a) amended 28 November 2013 section 13(5) Building Amendment Act 2013 Section 29(4)﻿(d) amended 28 November 2013 section 13(5) Building Amendment Act 2013 Section 29(4)﻿(e) amended 28 November 2013 section 13(5) Building Amendment Act 2013 Section 29(4)﻿(f) amended 28 November 2013 section 13(5) Building Amendment Act 2013 Section 29(5)﻿(a) amended 28 November 2013 section 13(6) Building Amendment Act 2013 Section 29(5)﻿(b) amended 28 November 2013 section 13(7) Building Amendment Act 2013 Section 29(5)﻿(c) amended 28 November 2013 section 13(7) Building Amendment Act 2013 Section 29(5)﻿(d) amended 28 November 2013 section 13(7) Building Amendment Act 2013
30: Procedural requirements for urgent
acceptable solutions, verification methods
1: If section 29(5)
a: consult on the acceptable solution, verification method section 29(2) to (4)
b: after that consultation, publicly notify whether he or she has decided to amend, replace, or revoke the acceptable solution, verification method
2: The chief executive must comply with subsection (1) within 6 months of issuing, amending, replacing, or revoking the acceptable solution, verification method
3: In the public notification, the chief executive must—
a: explain the reasons for his or her decision; or
b: state where copies of that explanation may be obtained. Section 30 heading amended 28 November 2013 section 14(1) Building Amendment Act 2013 Section 30(1)﻿(a) amended 28 November 2013 section 14(2) Building Amendment Act 2013 Section 30(1)﻿(b) amended 28 November 2013 section 14(2) Building Amendment Act 2013 Section 30(2) amended 28 November 2013 section 14(2) Building Amendment Act 2013 National multiple-use approvals Heading inserted 1 February 2010 section 9 Building Amendment Act 2009
30A: National multiple-use approval establishes compliance with building code
1: A national multiple-use approval establishes that the plans and specifications to which it relates comply with the building code
2: To avoid doubt, a national multiple-use approval does not confer the right to carry out building work that requires a building consent. Section 30A inserted 1 February 2010 section 9 Building Amendment Act 2009
30B: How to apply for national multiple-use approval
1: An application for a national multiple-use approval must—
a: be made in writing; and
b: be given, in the prescribed form and manner (if any), to the chief executive; and
c: contain the prescribed information (if any); and
d: be accompanied by plans and specifications that are—
i: required by regulations made under section 402
ii: if the regulations do not so require, required by the chief executive; and
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
f: 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 national multiple-use approval, and sections 30A to 30H Section 30B inserted 1 February 2010 section 9 Building Amendment Act 2009
30C: Applications for national multiple-use approval relating to design work that is restricted building work
1: This section applies if an application for a national multiple-use approval is accompanied by plans and specifications that contain design work (relating to building work) that is restricted building work.
2: 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.
3: The plans and specifications that contain the design work referred 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
b: that identifies that design work; and
c: that states—
i: that the design work complies with the building code
ii: whether waivers or modifications of the building code Section 30C inserted 1 February 2010 section 9 Building Amendment Act 2009 Section 30C(1) replaced 28 November 2013 section 15 Building Amendment Act 2013 Section 30C(3) amended 13 March 2012 section 13 Building Amendment Act 2012
30D: Chief executive must decide whether to accept, for processing, application for national multiple-use approval
1: 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 processing; and
b: give written notice of his or her decision to the applicant; and
c: if the chief executive decides to refuse to accept the application for processing, state the reasons for the refusal in the notice given under paragraph (b).
2: The chief executive may require further reasonable information in respect of the application.
3: The chief executive may refuse to accept for processing an application for a national multiple-use approval only if the chief executive is satisfied, on reasonable grounds, that the application—
a: does not meet the requirements of this Act; or
b: includes a building product or building method in relation to which a ban under section 26(2)
c: does not meet the prescribed eligibility criteria (if any) for a national multiple-use approval. Section 30D inserted 1 February 2010 section 9 Building Amendment Act 2009 Section 30D(3)﻿(b) replaced 7 September 2022 section 17 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
30E: Processing application for national multiple-use approval
1: The chief executive must, after accepting for processing an application for a national multiple-use approval, decide whether to—
a: issue the national multiple-use approval; or
b: refuse to issue the national multiple-use approval.
2: If regulations made under section 402(1)﻿(kb)
3: The chief executive may require further reasonable information in respect of an application for a national multiple-use approval 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 1 February 2010 section 9 Building Amendment Act 2009
30F: Issue of national multiple-use approval
1: The chief executive must issue a national multiple-use approval if he or she is satisfied, on reasonable grounds, that—
a: the application meets the requirements of section 30B
b: the applicant has paid the prescribed fee (if any); and
c: the application meets the prescribed eligibility criteria for a national multiple-use approval (if any); and
d: the application does not involve the use of a building product or building method in relation to which a ban under section 26(2)
e: 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
2: A national multiple-use approval may be issued subject to—
a: a waiver or modification of the building code
b: 1 or more conditions, including, but not limited to, conditions that the approval applies only—
i: in specified regions; or
ii: in specified climates or conditions; or
iii: to specified aspects of the building work; or
iv: if the building work complies with specified requirements. Section 30F inserted 1 February 2010 section 9 Building Amendment Act 2009 Section 30F(1)﻿(d) replaced 7 September 2022 section 18 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
30G: Refusal to issue national multiple-use approval
If the chief executive is not satisfied of the matters in section 30F
a: the refusal; and
b: the reasons for the refusal. Section 30G inserted 1 February 2010 section 9 Building Amendment Act 2009
30H: Suspension or revocation of national multiple-use approval
1: The chief executive may, at any time, suspend or revoke a national multiple-use approval, if the chief executive is satisfied that—
a: the approval was obtained by fraud, misrepresentation, or the concealment of facts; or
b: the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or
c: building work properly completed in accordance with the approval will no longer comply with the building code
2: Before revoking or suspending a national multiple-use approval 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 national multiple-use approval; and
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
ii: the building code
b: the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code
5: 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.
6: 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 1 February 2010 section 9 Building Amendment Act 2009
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: 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
b: on receiving the project information memorandum from the territorial authority, provide a copy of the memorandum to the owner.
2: Subsection (1) does not apply if—
a: the building consent authority is the territorial authority for the district in which the proposed building work is to be situated
b: a project information memorandum has been issued before the application for a building consent is made. Section 31(2)﻿(a) amended 1 February 2010 section 10 Building Amendment Act 2009
32: Owner may apply for project information memorandum
An owner may apply to a territorial authority for a project information memorandum for building work if—
a: the owner is considering carrying out building work; and
b: a building consent is required for that work. 1991 No 150 s 30(1)
33: Content of application
1: An application for a project information memorandum must be in the prescribed form and be accompanied by—
a: any fees and charges imposed by the territorial authority under section 219
b: 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
ii: are likely to be relevant to the design and construction of the proposed building; and
c: any other information that the territorial authority (acting as agent for a network utility operator by prior agreement with that network utility operator) requires in respect of proposed connections to public utilities from the proposed building work.
2: 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.
3: 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—
a: the intended use of the proposed building; and
b: the location and external dimensions of the proposed building; and
c: provisions to be made—
i: for access for vehicles; and
ii: in building over or adjacent to any road or public place; and
iii: for disposing of stormwater and wastewater; and
d: 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. 1991 No 150 s 30(3) Section 33(1)﻿(a) replaced 13 March 2012 section 14 Building Amendment Act 2012
34: Issue of project information memorandum
1: A territorial authority must issue a project information memorandum within 20 working days after receiving an application under section 31(1)﻿(a) section 32
2: However, if the territorial authority requires any information under section 33(1)﻿(b) or (c)
3: The territorial authority must issue the project information memorandum within 10 working days after receiving that information.
4: A territorial authority may, within the period specified in subsection (1) or, if applicable, in subsection (3), reissue a project information memorandum if the territorial authority—
a: considers, on reasonable grounds, that the project information memorandum contains an error or omission; or
b: receives information that affects the project information memorandum. 1991 No 150 s 31(1)
35: Content of project information memorandum
1AA: A project information memorandum must be issued in the prescribed form (if any).
1: A project information memorandum must include—
a: information likely to be relevant to the proposed building work that identifies—
i: the heritage status of the building (if any); and
ii: each special feature of the land concerned (if any); and
b: information likely to be relevant to the proposed building work that, in terms of any other Act, has been notified to the territorial authority by a statutory authority; and
c: details of any existing stormwater or wastewater utility systems that—
i: relate to the proposed building work; or
ii: are on, or adjacent to, the site of the proposed building work; and
d: 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 network utility operator by prior agreement with the network 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
ii: the conditions to which an authorisation will be subject; and
e: if the territorial authority considers that the owner of the building or proposed building to which the project information memorandum relates is likely to be required, under section 76
f: if the territorial authority considers that notification to Heritage New Zealand Pouhere Taonga section 39
g: either—
i: confirmation, subject to this Act, that building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained; or
ii: notification that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent; and
h: if section 75 section 75(2) ; and
i: 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
i: section 118
ii: the provisions of the building code
2: In this section,— land concerned
a: means the land on which the proposed building work is to be carried out; and
b: includes any other land likely to affect or be affected by the building work special feature of the land concerned
a: is likely to be relevant to the design and construction or alteration of the building or proposed building; and
b: is known to the territorial authority; and
c: is not apparent from the district plan under the Resource Management Act 1991 1991 No 150 s 31(2)–(4) Section 35(1AA) inserted 1 February 2010 section 11 Building Amendment Act 2009 Section 35(1)﻿(e) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 35(1)﻿(f) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 35(1)﻿(h) amended 15 March 2008 section 10 Building Amendment Act 2008 Section 35(1)﻿(i) inserted 15 March 2008 section 10 Building Amendment Act 2008
36: Territorial authority may issue development contribution notice
1: This section applies if a territorial authority considers that a development contribution under the Local Government Act 2002
2: 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 contribution is paid ( development contribution notice
3: The development contribution notice must be—
a: attached to the project information memorandum; or
b: if no project information memorandum has been applied for, provided to the building consent authority. Section 36 replaced 1 February 2010 section 12 Building Amendment Act 2009
37: Territorial authority must issue certificate if resource consent required
1: This section applies if a territorial authority considers that—
a: a resource consent under the Resource Management Act 1991
b: the resource consent will or may materially affect building work to which a project information memorandum or an application for a building consent
2: The territorial authority must issue
a: no building work may proceed; or
b: building work may only proceed to the extent stated in the certificate.
3: The certificate must be—
a: attached to the project information memorandum; or
b: if no project information memorandum has been applied for, provided to the building consent authority. 1991 No 150 s 35(1A) Section 37 heading replaced 1 February 2010 section 13(1) Building Amendment Act 2009 Section 37(1)﻿(b) amended 1 February 2010 section 13(2) Building Amendment Act 2009 Section 37(2) amended 1 February 2010 section 13(3) Building Amendment Act 2009 Section 37(3) inserted 1 February 2010 section 13(4) Building Amendment Act 2009
38: 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 utility operator or a statutory authority, the territorial authority must give a copy of the project information memorandum to that operator or that authority. 1991 No 150 s 31(5)
39: Territorial authority must advise
Heritage New Zealand Pouhere Taonga
1: This section applies if—
a: an application for a project information memorandum, or for a building consent, affects a that has been entered on the New Zealand Heritage List/Rārangi Kōrero
b: the territorial authority has not previously advised Heritage New Zealand Pouhere Taonga
2: The territorial authority must advise Heritage New Zealand Pouhere Taonga 1991 No 150 s 30(4) Section 39 replaced 1 February 2010 section 14 Building Amendment Act 2009 Section 39 heading amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 39(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 39(1)﻿(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 39(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Building consents
40: Building work not to be carried out without consent
1: A person must not carry out any building work except in accordance 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 $200,000 1991 No 150 s 32(1) Section 40 heading replaced 7 September 2022 section 19 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 40(3) amended 28 November 2013 section 16 Building Amendment Act 2013 Section 40(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
41: Building consent not required in certain cases
1: Despite section 40
a: a Crown building or Crown building work to which, under section 6
b: any building work described in Schedule 1 see section 42A
c: any building work in respect of which a building consent 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
ii: in order to ensure that a specified system in a building that is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building, is maintained in a safe condition or is made safe; or
ca: any building work that is carried out under section 133BS subpart 6B
cb: any building work that is carried out under section 133BV 133BW subpart 6B
cc: any building work that is carried out under the powers of investigation in sections 207G to 207M
d: any energy work that, under section 43
e: any building work that a territorial authority is authorised to carry out under this Act; or
f: the manufacture of a modular component that is designed and manufactured—
i: by a registered MCM who is certified to design and manufacture the component; and
ii: with the intention that the component will be used in building work that is carried out somewhere else.
2: The Governor-General may, by Order in Council, amend Schedule 1
a: adding any building work or class of building work to Schedule 1
b: extending or clarifying the scope of any building work or class of building work listed in Schedule 1
c: restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1
3: An order under this section is secondary legislation ( see Part 3 1991 No 150 s 32(2), (3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(1)﻿(b) replaced 28 November 2013 section 17(1) Building Amendment Act 2013 Section 41(1)﻿(ca) inserted 17 December 2019 section 9 Building Amendment Act 2019 Section 41(1)﻿(cb) inserted 17 December 2019 section 9 Building Amendment Act 2019 Section 41(1)﻿(cc) inserted 17 December 2019 section 9 Building Amendment Act 2019 Section 41(1)﻿(f) inserted 7 September 2022 section 20 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 41(2) replaced 28 November 2013 section 17(2) Building Amendment Act 2013 Section 41(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Owner must apply for certificate of acceptance if building work carried out urgently
1: If, in reliance on section 41(1)﻿(c) or (cb) section 96
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
3: Section 42(1) amended 17 December 2019 section 10 Building Amendment Act 2019 Section 42(2) replaced 8 June 2021 section 21 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 42(3) repealed 8 June 2021 section 21 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
42A: Building work for which building consent is not required under Schedule 1
1: Despite section 40
a: building work described in Part 1
b: building work described in Part 2 see
c: building work described in Part 3
2: Subsection (1) is subject to the following conditions:
a: the building work complies with the building code
b: after the building work is completed, the building,—
i: if it complied with the building code building code
ii: if it did not comply with the building code
c: the building work does not breach any other enactment:
d: the building to which the building work relates is not a hazardous substance location that is required to be authorised under the Health and Safety at Work Act 2015
3: In subsection (1)﻿(b), authorised person Plumbers, Gasfitters, and Drainlayers Act 2006 section 15 16 19 25 Section 42A inserted 28 November 2013 section 18 Building Amendment Act 2013 Section 42A(2)﻿(d) replaced 1 December 2017 section 55 Hazardous Substances and New Organisms Amendment Act 2015
43: Building consent not required for energy work
1: Energy work does not require a building consent.
2: However, the following energy work requires a building consent:
a: energy work that relates to any specified system that is contained in, or proposed to be contained in, any building (whether existing or proposed) and that,—
i: in the case of an existing specified system, is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building; or
ii: in the case of a proposed specified system, will be required to be covered by a compliance schedule; and
b: energy work in any case where, if that work required a building consent, a consent 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. 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 consents for stages of the proposed building work. 1991 No 150 s 33(1), (3)
45: How to apply for building consent
1: An application for a building consent must—
a: be in the prescribed form; and
b: be accompanied by plans and specifications that are—
i: required by regulations made under section 402
ii: if the regulations do not so require, required by a building consent authority; and
ba: 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
ii: details of any proposed minor customisations; and
bb: if the building work includes the use of a modular component and the applicant wishes to rely on section 19(1)﻿(da)
bc: if—
i: the building work is the manufacture of, or includes the use of, a modular component; and
ii: the component is to be manufactured by a registered MCM who is certified to manufacture it but was designed by someone else; and
iii: the applicant intends to rely on section 94(2)﻿(a) be accompanied by a current manufacturer’s certificate for the component; and
c: contain or be accompanied by any other information that the building consent authority reasonably requires; and
d: be accompanied by any fees and charges imposed by the building consent authority under section 219 240
e: 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 applicant 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
f: if the owner applies for a project information memorandum for the building work under section 32
i: the project information memorandum; and
ii: a development contribution notice under section 36
iii: a certificate issued under section 37
g: 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
ii: 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: altered in the course of the building work:
B: added to the building in the course of the building work:
C: removed from the building in the course of the building work.
2: 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
3: The plans and specifications that contain the design work referred 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
b: that identifies that design work; and
c: that states—
i: that the design work complies with the building code
ii: whether waivers or modifications of the building code
3A: A certificate of work provided under subsection (3) does not, of itself,—
a: create any liability in relation to any matter to which the certificate of work relates; or
b: give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the certificate of work.
4: An application for an amendment to a building consent must,—
a: in the case of a minor variation, be made in accordance with section 45A
b: in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51
5: The application must be accompanied by a statutory declaration, in the prescribed form, as to owner-builder status—
a: if the building work includes restricted building work to be carried out by the owner-builder; or
b: if any accompanying plans or specifications contain design work that is restricted building work and that has been carried out by the owner-builder. 1991 No 150 s 33(2), (4) Section 45(1)﻿(ba) inserted 1 February 2010 section 15(1) Building Amendment Act 2009 Section 45(1)﻿(bb) inserted 7 September 2022 section 22 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 45(1)﻿(bc) inserted 7 September 2022 section 22 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 45(1)﻿(d) replaced 13 March 2012 section 18(2) Building Amendment Act 2012 Section 45(1)﻿(d) amended 1 July 2017 section 8 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 45(2) replaced 1 February 2010 section 15(2) Building Amendment Act 2009 Section 45(2) amended 28 November 2013 section 19(1) Building Amendment Act 2013 Section 45(3) replaced 1 February 2010 section 15(2) Building Amendment Act 2009 Section 45(3) amended 28 November 2013 section 19(2) Building Amendment Act 2013 Section 45(3A) inserted 28 November 2013 section 19(3) Building Amendment Act 2013 Section 45(4) replaced 1 February 2010 section 15(2) Building Amendment Act 2009 Section 45(5) replaced 13 March 2012 section 18(1) Building Amendment Act 2012
45A: Minor variations to building consents
1: An application for a minor variation to a building consent—
a: is not required to be made in the prescribed form; but
b: must comply with all other applicable requirements of section 45
2: Sections 48 to 50
3: A building consent authority that grants a minor variation—
a: must record the minor variation in writing; but
b: is not required to issue an amended building consent. Section 45A inserted 1 February 2010 section 16 Building Amendment Act 2009
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)
a: the changes are permitted under the terms of the national multiple-use approval; or
b: the changes are minor customisations permitted by regulations made under section 402(1)﻿(kc)
2: If any other changes are made to the plans and specifications referred to in subsection (1), the national multiple-use approval does not apply. Section 45B inserted 1 February 2010 section 16 Building Amendment Act 2009
46: Copy of certain applications for building consent must be provided to
Fire and Emergency New Zealand
1: This section applies to an application for a building consent that is of a kind specified by the chief executive by notice
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 made
3: A building consent authority must, on receipt of an application to which this section applies, provide a copy of the application to Fire and Emergency New Zealand
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	comply with subsection (2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 46 heading amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 46(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 46(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 46(3) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 46(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
47: Fire and Emergency New Zealand
1: Fire and Emergency New Zealand section 46
a: provisions for means of escape from fire:
b: the needs of persons who are authorised by law to enter the building to undertake fire-fighting.
2: Fire and Emergency New Zealand building code
3: If Fire and Emergency New Zealand Section 47 heading amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 47(1) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 47(2) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 47(3) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
48: Processing application for building consent
1: After receiving an application for a building consent that complies with section 45
a: grant the application; or
b: refuse the application.
1A: The time limit is,—
a: if the application includes plans and specifications in relation to which a national multiple-use approval has been issued,
aa: 10 working days after receipt by the building consent authority of the application if—
i: the building work is work for or in connection with the construction of a whole building; and
ii: the building (excluding site work, such as foundations and connections to services) will consist solely of a single modular component; and
iii: that modular component is designed and manufactured by a registered MCM who is certified to design and manufacture it; and
iv: the manufacturer’s certificate for that modular component covers all of the building work to which the application relates other than site work such as foundations and connections to services; and
ab: if the building work includes the use of 1 or more modular components but paragraph (aa) does not apply, 20 working days after receipt by the building consent authority of the application or any shorter period prescribed by the regulations; and
b: in all other cases,
2: A building consent authority may, within the period specified in subsection (1A)
3: In deciding whether to grant or refuse an application for a building consent, the building consent authority must have regard to—
a: a memorandum provided by Fire and Emergency New Zealand section 47
b: whether a building product or building method in relation to which a warning or ban under section 26(2)
4: Subsection (3) does not limit section 49(1) 1991 No 150 s 34(1), (2) Section 48(1) replaced 1 February 2010 section 17(1) Building Amendment Act 2009 Section 48(1A) inserted 1 February 2010 section 17(1) Building Amendment Act 2009 Section 48(1A) amended 8 June 2021 section 23(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 48(1A)﻿(a) amended 7 September 2022 section 23(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 48(1A)﻿(aa) inserted 7 September 2022 section 23(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 48(1A)﻿(ab) inserted 7 September 2022 section 23(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 48(1A)﻿(b) amended 7 September 2022 section 23(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 48(2) amended 1 February 2010 section 17(2) Building Amendment Act 2009 Section 48(3)﻿(a) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 48(3)﻿(b) amended 7 September 2022 section 23(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
49: Grant of building consent
1: A building consent authority must grant a building consent if it is satisfied on reasonable grounds that the provisions of the building code
2: However, a building consent authority is not required to grant a building consent until it receives—
a: any charge or fee
b: any levy payable under section 53
c: 1991 No 150 s 34(3) Section 49(2)﻿(a) amended 13 March 2012 section 19 Building Amendment Act 2012 Section 49(2)﻿(b) amended 6 August 2010 section 4(2)﻿(a) Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 Section 49(2)﻿(c) repealed 6 August 2010 section 4(2)﻿(b) Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010
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: the refusal; and
b: the reasons for the refusal. 1991 No 150 s 35(2)
51: Issue of building consent
1: A building consent must—
a: be issued in the prescribed form; and
b: have attached to it a copy of—
i: the project information memorandum (if any)
ii: a development contribution notice under section 36
iii: a certificate issued under section 37
ba: contain confirmation that Heritage New Zealand Pouhere Taonga section 39
c: if a compliance schedule is required as a result of the building work, state—
i: the specified systems that must be covered by the compliance schedule; and
ii: the performance standards for the specified systems that are required by the building code
d: 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
ii: the performance standards for the specified systems that are required by the building code
2: The issue of a building consent does not, of itself,—
a: relieve the owner of the building or proposed building to which the building consent relates of any duty or responsibility under any other Act relating to or affecting the building or proposed building; or
b: permit the construction, alteration, demolition, or removal of the building or proposed building if that construction, alteration, demolition, or removal would be in breach of any other Act.
3: If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compliance with subsection (1)﻿(b) or (ba), the building consent authority 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), provide the owner with the document or information. 1991 No 150 s 35(1), (3) Section 51(1)﻿(b)﻿(i) amended 1 February 2010 section 18(1) Building Amendment Act 2009 Section 51(1)﻿(ba) inserted 1 February 2010 section 18(2) Building Amendment Act 2009 Section 51(1)﻿(ba) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 51(3) replaced 1 February 2010 section 18(3) Building Amendment Act 2009 Section 51(4) replaced 1 February 2010 section 18(3) Building Amendment Act 2009
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
b: any further period that the building consent authority may allow. 1991 No 150 s 41(1) Building levy
53: Applicant for building consent liable to pay levy
1: An applicant for a building consent is liable to pay to the chief executive a levy
1A: The chief executive may use the levy for, or in connection with, the performance of—
a: the chief executive’s functions under this Act:
b: the chief executive’s functions—
i: under any other Act that relates to the building sector or any part of the sector; and
ii: that relate to monitoring, overseeing, or improving—
A: the performance of the building sector or any part of the sector; or
B: regulatory systems under that other Act.
2: The levy—
a: must be calculated—
i: in relation to the estimated value of the building work to which the building consent relates; and
ii: at the prescribed rate; and
b: must be paid—
i: to the building consent authority as the agent of the chief executive; and
ii: at the time the building consent is granted
3:
4: The chief executive may, in his or her discretion, refund all or part of the levy if the building consent lapses by paying the refund to the applicant or to the relevant building consent authority.
5: Subsection (1A)﻿(b)
a: any function that the chief executive does not already have; or
b: any obligation to use the levy for the purposes mentioned in subsection (1A)﻿(b) 1991 No 150 s 23B(1), (2) Section 53(1) replaced 14 April 2005 section 7(1) Building Amendment Act 2005 Section 53(1) amended 8 June 2021 section 24(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 53(1A) inserted 8 June 2021 section 24(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 53(2)﻿(b)﻿(ii) amended 14 April 2005 section 7(2)﻿(a) Building Amendment Act 2005 Section 53(3) repealed 8 June 2021 section 24(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 53(4) inserted 13 March 2012 section 20 Building Amendment Act 2012 Section 53(5) inserted 8 June 2021 section 24(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
54: Building consent authority must advise applicant of amount of levy payable
A building consent authority must, before it grants a building consent, advise the applicant of the amount of levy for which the applicant may be liable under section 53
55: Exemption from levy
Despite section 53 1991 No 150 s 23B(1)
56: 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 Section 56 amended 14 April 2005 section 7(2)﻿(a) Building Amendment Act 2005
57: Payment of levy if building work completed in stages
1: 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 preceding stage had an estimated value of less than the prescribed minimum estimated value).
2: 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
b: 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. 1991 No 150 s 23B(3), (4)
58: Liability to pay levy: building consent authority
1: A building consent authority, on the grant section 53
2: A building consent authority must pay the levy to the territorial authority at the same time that it provides, under section 238(2)﻿(d)
3: A person who fails to comply with subsection (2)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
4: 1991 No 150 s 23C(1) Section 58(1) amended 14 April 2005 section 7(2)﻿(b) Building Amendment Act 2005 Section 58(3) replaced 8 June 2021 section 25 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 58(4) repealed 8 June 2021 section 25 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
59: Liability to pay levy: territorial authority
1: A territorial authority, on granting section 238(1)﻿(c) section 53
2: 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
3: Every payment of the levy must be accompanied by a certificate 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 authority; and
b: to the best of that person's knowledge and belief. 1991 No 150 s 23C(1), (2), (3) Section 59(1) amended 14 April 2005 section 7(2)﻿(c) Building Amendment Act 2005 Section 59(2) amended 14 April 2005 section 7(2)﻿(a) Building Amendment Act 2005
60: Territorial authority may retain part of levy
1: A territorial authority may retain 3% of the levies for which the territorial authority is liable, under section 59
2: Subsection (1) is subject to section 61 1991 No 150 s 23C(4)
61: Chief executive may recover unpaid levies from territorial authority
1: The consequences specified in subsection (2) apply if a territorial authority that is liable to pay levies to the chief executive under section 59(1)
2: The consequences are that—
a: section 60(1)
b: 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 lending rate of the Ministry's bank; and
ii: 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. 1991 No 150 s 23C(5), (6)
62: Territorial authority may recover unpaid levies from applicant for building consent
1: The consequence specified in subsection (2) applies if an applicant for a building consent fails to pay a levy or part of a levy under section 53
2: 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
b: 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. 1991 No 150 s 23C(8)
63: Chief executive may obtain information in order to assess amount of levy payable
1: The chief executive may require any or all of the persons referred 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
2: The persons are—
a: an applicant for a building consent:
b: the relevant building consent authority:
c: 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 executive must comply with the request to the fullest extent possible.
4: A person who fails to comply with a requirement to provide information under subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
5: 1991 No 150 s 23F Section 63(4) replaced 8 June 2021 section 26 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 63(5) repealed 8 June 2021 section 26 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
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
a: the estimated value of the building work to which each consent relates; and
b: the amount of any levy payable under section 53
c: the date of payment of the levy to the territorial authority.
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:
i: records of building consents; and
ii: financial records; and
b: examine those records; and
c: make copies of those records.
3: A territorial authority must, on being advised of a requirement under subsection (2)﻿(a), comply immediately with that requirement.
4: 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). 1991 No 150 s 23E Section 64(1) amended 14 April 2005 section 7(2)﻿(a) Building Amendment Act 2005
65: Chief executive may enter into agreements for auditing certain information
1: 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 agreement referred to in subsection (1) may, while the agreement is in force, access any information that the chief executive may access under sections 63 64 1991 No 150 s 23G
66: Chief executive must review levy
As soon as practicable after the expiry of 3 years beginning on the commencement of this section, and then at intervals of not more than 3 years, the chief executive must—
a: review whether the levy is set at a rate that is appropriate for meeting the costs of the chief executive in performing his or her functions under this Act; and
b: report to the Minister on the findings of the review. 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
2: A waiver or modification of the building code
3: The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code Section 67(3) replaced 14 April 2005 section 8 Building Amendment Act 2005
67A: Territorial authority may grant waivers or modifications in relation to means of restricting access to residential pools
1: A territorial authority may grant a waiver or modification of section 162C(1) or (2)
2: In deciding whether to grant a waiver or modification under subsection (1), the territorial authority must have regard to all of the relevant circumstances (including the particular characteristics of the pool and the land on which it is situated). 1987 No 178 s 6 Section 67A inserted 1 January 2017 section 9 Building (Pools) Amendment Act 2016
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
69: Waiver or modification may only be granted by chief executive in certain cases
1: This section applies to a waiver or modification of the building code
a: an existing building to which section 118
b: access and facilities for use by persons
2: If this section applies, the chief executive may grant a waiver or modification only in a determination issued under subpart 1
3: This section does not apply to a waiver or modification of the building code or that is contained in a national multiple-use approval Section 69(1)﻿(b) amended 15 March 2008 section 12 Building Amendment Act 2008 Section 69(3) amended 1 February 2010 section 19 Building Amendment Act 2009
70: Applications relating to energy work
1: This section applies if any part of an application for a building consent—
a: relates to energy work; and
b: involves the grant or refusal of a waiver or modification of the building code
2: If this section applies,—
a: the application must be made to a territorial authority; and
b: the territorial authority must refer the part of the application that relates to energy work to the chief executive.
3: 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 Electricity Act 1992
b: decide—
i: whether to grant the waiver or modification in relation to the energy work; and
ii: if he or she decides to grant the waiver or modification, whether any conditions should be imposed in respect of the waiver or modification; and
iii: if so, what the conditions should be.
4: An application referred to in subsection (1) must be treated, for the purposes of section 177 subpart 1
a: to the extent that it is applicable; and
b: with all necessary modifications. 1991 No 150 s 34A(1), (2) Limitations and restrictions on building consents: Construction of building on land subject to natural hazards
71: Building on land subject to natural hazards
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
b: the building work is likely to accelerate, worsen, or result in a natural hazard on that land or any other property.
2: 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 referred to in that subsection from the natural hazard or hazards; or
b: restore any damage to that land or other property as a result of the building work.
3: In this section and sections 72 to 74 natural hazard
a: erosion (including coastal erosion, bank erosion, and sheet erosion):
b: falling debris (including soil, rock, snow, and ice):
c: subsidence:
d: inundation (including flooding, overland flow, storm surge, tidal effects, and ponding):
e: slippage. 1991 No 150 s 36(1)
72: Building consent for building on land subject to natural hazards must be granted in certain cases
Despite section 71 that is a territorial authority
a: the building work to which an application for a building consent relates will not accelerate, worsen, or result in a natural hazard on the land on which the building work is to be carried out or any other property; and
b: the land is subject or is likely to be subject to 1 or more natural hazards; and
c: it is reasonable to grant a waiver or modification of the building code 1991 No 150 s 36(2) Section 72 amended 15 March 2008 section 13 Building Amendment Act 2008
73: Conditions on building consents granted under section 72
1: A building consent authority that is a territorial authority section 72
a: in the case of an application made by, or on behalf of, the Crown, the appropriate Minister and the Surveyor-General; and
b: 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
c: in any other case, the Registrar-General of Land.
2: The notification under subsection (1)﻿(a) or (b) must be accompanied by a copy of any project information memorandum that has been issued and
3: The notification under subsection (1)﻿(c) must identify the natural hazard concerned. 1991 No 150 s 36(2), (3) Section 73(1) amended 15 March 2008 section 14 Building Amendment Act 2008 Section 73(2) amended 1 February 2010 section 20 Building Amendment Act 2009
74: Steps after notification
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 her records the particulars of the notification together with a copy of any project
b: the Registrar-General of Land must record, as an entry on the record of title
i: that a building consent has been granted under section 72
ii: particulars that identify the natural hazard concerned.
2: If an entry has been recorded on a duplicate of the record of title section 641A
3: Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:
a: an entry referred to in subsection (1)﻿(b):
b: an entry under section 641A
c: an entry under section 36 of the former Act
4: The building consent authority must notify the Surveyor-General, the Registrar of the Maori Land Court, or the Registrar-General of Land, as the case may be, who must amend his or her records or remove the entry from the record of title 1991 No 150 s 36(5), (6), (7) Section 74(1)﻿(a) amended 1 February 2010 section 21 Building Amendment Act 2009 Section 74(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 74(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 74(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Limitations and restrictions on building consents: Construction of building on 2 or more allotments
75: Construction of building on 2 or more allotments
1: This section applies if—
a: an application for a project information memorandum or for a building consent record of title
b: those allotments are held by the owner in fee simple.
2: The territorial authority must issue a certificate that states that, as a condition of the grant of a building consent for the building work to which the application relates, 1 or more of those allotments specified by the territorial authority (the specified allotments 1991 No 150 s 37(1), (2) Section 75(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 75(1)﻿(a) amended 1 February 2010 section 22(1) Building Amendment Act 2009 Section 75(2) replaced 1 February 2010 section 22(2) Building Amendment Act 2009
76: Exemption from section 75
1: Section 75
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
b: the owner has applied to the Registrar-General of Land under section 82
2: Section 82 1991 No 150 s 37(11)
77: Building consent must not be granted until condition is imposed under section 75
1: A building consent authority must not grant a building consent for building work to which section 75 the certificate under section 75(2)
2: The territorial authority must impose that condition if the building consent authority requests it to do so.
3: The certificate must be—
a: authenticated by the territorial authority; and
b: signed by the owner.
4: The territorial authority must lodge a copy of the certificate with the Registrar-General of Land.
5: The building consent authority must note, on the building consent, the condition imposed in the certificate. Section 77(1) amended 1 February 2010 section 23(1) Building Amendment Act 2009 Section 77(5) inserted 1 February 2010 section 23(2) Building Amendment Act 2009
78: Registrar-General of Land must record entry on
record of title
1: If a certificate referred to in section 77(1) record of title record of title in that certificate
2:
3: Subsection (1) is subject to section 82 1991 No 150 s 37(2) Section 78 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(1) amended 1 February 2010 section 24 Building Amendment Act 2009 Section 78(2) repealed 12 November 2018 section 250 Land Transfer Act 2017
79: Effect of entry recorded on
record of title If an entry referred to in section 78(1) records of title 1991 No 150 s 37(3) Section 79 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 79 amended 12 November 2018 section 250 Land Transfer Act 2017
80: Records of title
1: This section applies if—
a: an entry referred to in section 78(1) records of title
b: any of the land less than the whole of the land comprised in all those records of title
c: 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
2: The whole of the land comprised in all those records of title 1991 No 150 s 37(4) Section 80 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 80(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 80(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 80(2) amended 12 November 2018 section 250 Land Transfer Act 2017
81: Mortgage or charge
1: This section applies if—
a: the registered instrument referred to in section 80(2) mortgage or charge
b: any of the land to which that mortgage or charge mortgage or charge
2: The registered mortgage or charge mortgage or charge section 80(2)
3: If a registered mortgage or charge record of title section 80 mortgage or charge record of title 1991 No 150 s 37(5), (6) Section 81 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 81(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 81(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 81(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 81(3) amended 12 November 2018 section 250 Land Transfer Act 2017
82: Registrar-General of Land may require preparation of plan
1: If a certificate referred to in section 77 records of title section 78
a: a plan be deposited under the Land Transfer Act 2017
b: 1 or more records of title
2: In subsection (1), plan section 224
a: into 1 allotment; or
b: if the circumstances render it expedient or desirable, into 2 or more allotments. 1991 No 150 s 37(7) Section 82(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 82(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 82(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 82(2) amended 12 November 2018 section 250 Land Transfer Act 2017
83: Owner may apply for entry to be removed
1: This section applies if—
a: the requirements of sections 75 to 81 section 643(1)
b: any of the following applies:
i: the building is removed, demolished, or destroyed; or
ii: the boundaries of the allotments are adjusted in a manner that results in the building being contained entirely within the boundaries of 1 allotment; or
iii: circumstances have otherwise changed.
2: The owner may apply to a territorial authority for approval for the entry under section 78
3: 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: authenticated by the territorial authority; and
ii: signed by the owner; and
b: the certificate must be lodged with the Registrar-General of Land.
4: If a certificate referred to in subsection (3)﻿(b) is lodged with the Registrar-General of Land, he or she must record an appropriate entry on—
a: the record of title
b: any mortgage or charge section 80
5: If subsection (4)﻿(b) applies, any mortgage or charge section 80
6:
7: Subsections (2) and (3) apply, with any necessary modifications, to any request by an owner of land if the requirements of section 643(1) sections 75 to 81 1991 No 150 s 37(8), (9), (10) Section 83(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 83(4)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 83(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 83(6) repealed 12 November 2018 section 250 Land Transfer Act 2017
4: Requirements for building work
Restricted building work must be carried out or supervised by licensed building practitioners
84: Licensed building practitioner must carry out or supervise restricted building work
All restricted building work must be carried out or supervised by a licensed building practitioner who is licensed Section 84 amended 15 March 2008 section 15 Building Amendment Act 2008
85: Offences relating to carrying out or supervising restricted building work
1: A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of restricted building work of that kind.
2: A person who is a licensed building practitioner commits an offence if he or she—
a: carries out restricted building work and is not licensed to carry out restricted building work of that kind; or
b: supervises restricted building work and is not licensed to carry out or supervise the carrying out of restricted building work of that kind.
3: Subsection (1) and (2)﻿(a) do not apply to a person to whom the owner-builder exemption applies in respect of the restricted building work in question.
4: A person who commits an offence under this section is liable on conviction $50,000 Section 85 replaced 13 March 2012 section 23 Building Amendment Act 2012 Section 85(4) amended 8 June 2021 section 27 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 85(4) amended 1 July 2017 section 9 Building (Earthquake-prone Buildings) Amendment Act 2016
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: engages another person to carry out restricted building work; and
b: knows that the other person is not—
i: a licensed building practitioner; or
ii: a licensed building practitioner who is licensed to carry out the restricted building work.
1A: A person commits an offence if that person—
a: engages another person to supervise the carrying out of restricted building work; and
b: knows that the other person is not—
i: a licensed building practitioner; or
ii: a licensed building practitioner who is licensed to carry out or supervise the carrying out of the restricted building work.
1B: This section does not apply in the case of any unpaid friend or family member of an owner-builder who is engaged to assist the owner-builder in carrying out restricted building work.
2: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000. Section 86(1) replaced 13 March 2012 section 24 Building Amendment Act 2012 Section 86(1A) inserted 13 March 2012 section 24 Building Amendment Act 2012 Section 86(1B) inserted 13 March 2012 section 24 Building Amendment Act 2012 Section 86(2) replaced 8 June 2021 section 28 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
87: Owner must notify names of licensed building practitioners engaged in restricted building work
1: 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 practitioner 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 building consent, the owner must give the building consent authority a written notice if—
a: a licensed building practitioner ceases to be engaged to carry out, or supervise, the restricted building work under the building consent; or
b: another licensed building practitioner is engaged to carry out, or supervise, the restricted building work.
3: The notice under subsection (2) must—
a: state that 1 or both of the circumstances specified in subsection (2)﻿(a) and (b) apply; and
b: be given as soon as practicable; and
c: name the other licensed building practitioner concerned (if any).
4: This section does not apply in the case of a licensed building practitioner who, as an unpaid friend or family member of an owner-builder, is engaged to assist the owner-builder in carrying out restricted building work. Section 87(4) inserted 13 March 2012 section 25 Building Amendment Act 2012
87A: Notices to building consent authority when owner-builder carries out restricted building work
1: This section applies when, under the owner-builder exemption, an owner-builder carries out restricted building work under a building consent.
2: If the building consent application was not accompanied by a statutory declaration as to owner-builder status, the owner must give the building consent authority a notice that the owner-builder is to carry out restricted building work.
3: The owner must give the building consent authority a notice—
a: if there is a change in the owner-builder carrying out the restricted building work; or
b: when the owner-builder ceases to carry out the restricted building work.
4: A notice under this section must—
a: be in the prescribed form; and
b: if it is a notice required under subsection (2) or (3)﻿(a), be accompanied by a statutory declaration as to owner-builder status; and
c: be given—
i: before the building work begins, if it is a notice required by subsection (2):
ii: as soon as practicable, if it is a notice required by subsection (3).
5: A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000 Section 87A inserted 13 March 2012 section 26 Building Amendment Act 2012 Section 87A(5) amended 8 June 2021 section 29 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
88: Licensed building practitioner to
provide record of work in respect of
1: Each licensed building practitioner who carries out (other than as an owner-builder) or supervises restricted building work under a building consent must, on completion of the restricted building work, provide the persons specified in subsection (2) with a record of work, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised.
2: The persons are—
a: the owner; and
b: the territorial authority for the district in which the restricted building work is situated.
3:
4: A record of work given under subsection (1) does not, of itself,—
a: create any liability in relation to any matter to which the record of work relates; or
b: give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the record of work.
5: Subsection (4) does not limit section 362I(1)﻿(c) Section 88 heading amended 13 March 2012 section 27(1) Building Amendment Act 2012 Section 88(1) replaced 13 March 2012 section 27(2) Building Amendment Act 2012 Section 88(3) repealed 13 March 2012 section 27(3) Building Amendment Act 2012 Section 88(4) replaced 13 March 2012 section 27(4) Building Amendment Act 2012 Section 88(5) amended 1 January 2015 section 20 Building Amendment Act 2013 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
b: the owner.
2: The notification must—
a: state that the licensed building practitioner is of the view that building work carried out under the building consent does not comply with that consent; and
b: state how the building work does not so comply; and
c: be given as soon as practicable after the licensed building practitioner forms that view.
90: Inspections by building consent authorities
1: 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
b: building work that has been or is being carried out on or off the building site; and
c: any building.
2: 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.
3: In this section, inspection 1991 No 150 s 76(1), (2), (3)
4A: Restricted building work carried out by owner-builders
Subpart 4A inserted 13 March 2012 section 29 Building Amendment Act 2012
90A: Purpose of this subpart
The purpose of this subpart is to enable homeowners to build and alter their own homes. Section 90A inserted 13 March 2012 section 29 Building Amendment Act 2012
90B: Meaning of owner-builder
1: An owner-builder
a: has a relevant interest in the land or the building on which the restricted building work is carried out; and
b: resides, or intends to reside, in the household unit in relation to which the restricted building work is carried out; and
c: carries out the restricted building work himself or herself or with the assistance of his or her unpaid friends and family members; and
d: has not, under the owner-builder exemption, carried out restricted building work in relation to a different household unit within the previous 3 years.
2: For the purposes of subsection (1)﻿(b), reside Section 90B inserted 13 March 2012 section 29 Building Amendment Act 2012
90C: Meaning of relevant interest
For the purposes of section 90B(1)﻿(a) relevant interest
a: a right of occupancy of the land or building or part of the building; or
b: a right, power, or privilege over, or in connection with, the land or building. Section 90C inserted 13 March 2012 section 29 Building Amendment Act 2012
90D: Owner-builder exemption
1: A person who is an owner-builder in relation to restricted building work may carry out that restricted building work without being supervised by a licensed building practitioner.
2: Subsection (1) does not apply if the restricted building work in question is low-risk building work under a low-risk building consent, simple residential building work under a simple residential building consent, or commercial building work under a commercial building consent. Section 90D inserted 13 March 2012 section 29 Building Amendment Act 2012
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 relates 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
b: the building consent authority that it is proposed will issue the code compliance certificate.
3: Subsection (4) applies if—
a: a building consent authority that is not a territorial authority or a regional authority
b: no other building consent authority will agree to issue a code compliance certificate for the building work under subsection (2).
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 14 April 2005 section 3(5) Building Amendment Act 2005
92: Application for code compliance certificate
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.
2: The application must be made—
a: as soon as practicable after the building work is completed; and
b: in the prescribed form; and
c: either—
i: to the building consent authority that granted the building consent for the building work; or
ii: if section 91(2)
2A: If applicable, the owner must include with the application any records of work provided by licensed building practitioners under section 88(1)
3: If—
a: the building work included the use of a modular component; and
b: in granting the building consent, the building consent authority relied on section 19(1)﻿(da) the application under subsection (1) must be accompanied by a current manufacturer’s certificate for that component.
3A: If—
a: the building work was the manufacture of, or included the use of, a modular component; and
b: the application for building consent included a manufacturer’s certificate under section 45(1)﻿(bc) the application under subsection (1) must be accompanied by a current manufacturer’s certificate for that component.
3:
4: If the building work comprises or includes energy work in respect of which a building consent has been granted, the owner must also include with the application any energy work certificate that relates to the energy work. 1991 No 150 s 43(1), (2), (2A) Section 92(2A) replaced 28 November 2013 section 21(1) Building Amendment Act 2013 Section 92(3) inserted 7 September 2022 section 30 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 92(3A) inserted 7 September 2022 section 30 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 92(3) repealed 28 November 2013 section 21(2) Building Amendment Act 2013
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 building consent relates within—
a: 20 working days after the date specified in subsection (2); or
b: any further period after the date specified in subsection (2) that may be agreed between the owner and the building consent authority concerned.
2: The date referred to in subsection (1)﻿(a) and (b) is—
a: the date on which an application for a code compliance certificate is made under section 92
b: if no application is made, the expiry of—
i: 2 years after the date on which the building consent for the building work was granted; or
ii: any further period that may be agreed between the owner and the building consent authority concerned.
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 respect of the application for a code compliance certificate, and, if it does so, the period is suspended until it receives the information.
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 consent; and
b: that,—
i: in a case where a compliance schedule is required as a result of the building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent; or
ii: in a case where an amendment to an existing compliance schedule is required as a result of the building work, the specified systems that are being altered in, or added to, the building in the course of the building work are capable of performing to the performance standards set out in the building consent.
2: In deciding whether to issue a code compliance certificate, a building consent authority—
a: must accept a current manufacturer’s certificate for a modular component accompanying the application under section 92(3) or (3A)
b: must have regard to whether a building product or building method in relation to which a warning or ban under section 26(2)
3: 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.
4: If a development contribution has been required to be paid or made under section 198
a: evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or
b: a copy of a written agreement between the owner and the territorial authority that the code compliance certificate may be issued.
5: Subsection (1) is subject to subsection (4). 1991 No 150 s 43(3), (3A) Section 94(2) replaced 7 September 2022 section 31 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
95: Issue of code compliance certificate
A code compliance certificate must be issued—
a: by a building consent authority; and
b: in the prescribed form; and
c: on payment of any fees and charges imposed by the building consent authority under section 219 240 1991 No 150 s 43(3) Section 95(c) replaced 13 March 2012 section 36(3) Building Amendment Act 2012 Section 95(c) amended 1 July 2017 section 10 Building (Earthquake-prone Buildings) Amendment Act 2016
95A: Refusal to issue code compliance certificate
If a building consent authority refuses to issue a code compliance certificate, the building consent authority must give the applicant written notice of—
a: the refusal; and
b: the reasons for the refusal. Section 95A inserted 15 March 2008 section 20 Building Amendment Act 2008 Certificates of acceptance
96: Territorial authority may issue certificate of acceptance in certain circumstances
1: A territorial authority may, on application, issue a certificate of acceptance for building work already done—
a: if—
i: the work was done by the owner or any predecessor in title of the owner; and
ii: a building consent was required for the work but not obtained; or
b: if section 42
c: if subsections (3) and (4) of section 91
d:
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
3: This section—
a: does not limit section 40
b: accordingly, does not relieve a person from the requirement to obtain a building consent for building work. Section 96(1) replaced 14 April 2005 section 10 Building Amendment Act 2005 Section 96(1)﻿(c) amended 30 May 2017 section 5(1) Regulatory Systems (Building and Housing) Amendment Act 2017 Section 96(1)﻿(d) repealed 30 May 2017 section 5(2) Regulatory Systems (Building and Housing) Amendment Act 2017
97: How to apply for certificate of acceptance
An application for a certificate of acceptance must—
a: be in the prescribed form; and
b: if available, be accompanied by plans and specifications that are—
i: required by regulations made under section 402
ii: if the regulations do not so require, required by the territorial authority; and
c: contain or be accompanied by any other information that the territorial authority reasonably requires; and
d: be accompanied by any fees and charges imposed by the territorial authority under section 219
e: in the case of an application under section 96(1)﻿(a)
f: if a project information memorandum for the building work has been issued under section 34
g: 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
h: 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: altered in the course of the building work:
ii: added to the building in the course of the building work:
iii: removed from the building in the course of the building work. Section 97(d) replaced 13 March 2012 section 39 Building Amendment Act 2012
98: Processing application for certificate of acceptance
1: A territorial authority must, within 20 working days after receiving an application for a certificate of acceptance,—
a: grant the application; or
b: refuse the application.
2: A territorial authority may, within the period specified in subsection (1), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives the information.
99: Issue of certificate of acceptance
1: A certificate of acceptance must—
a: be issued in the prescribed form; and
b: have attached to it,—
i: if a compliance schedule is required as a result of the building work, the compliance schedule for the building; or
ii: 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 inspected 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.
99AA: Withholding certificate of acceptance
If a territorial authority grants an application for a certificate of acceptance but withholds the certificate under section 208
a: the grant of the application; and
b: the withholding of the certificate; and
c: the development contribution required to be paid or made before the certificate will be issued. Section 99AA inserted 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014
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—
a: the refusal; and
b: the reasons for the refusal. Section 99A inserted 15 March 2008 section 21 Building Amendment Act 2008 Compliance schedules
100: Requirement for compliance schedule
1: A building not used wholly as a single household unit—
a: requires a compliance schedule if—
i: it has a specified system; or
ii: it has a cable car attached to it or servicing it; and
b: requires the schedule for all specified systems it has and any cable car it has attached to it or servicing it.
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
b: requires the schedule only for the cable car.
3: Before 31 March 2008,—
a: a building not used wholly as a single household unit—
i: requires a compliance schedule only if it has a specified system other than a cable car; and
ii: does not require a compliance schedule for any cable car attached to it or servicing it; and
b: a building used wholly as a single household unit does not require a compliance schedule.
4: The requirement in subsections (1) and (2) that a building have a compliance schedule if it has a cable car attached to it or servicing it is satisfied, in the case of a cable car that is attached to or services more than 1 building, if any of the buildings in question have a compliance schedule for the cable car.
5: Except to the extent that it provides, subsection (4) does not relieve an owner of any of the obligations under sections 105 to 110 Section 100 replaced 14 April 2005 section 11 Building Amendment Act 2005 Section 100(4) inserted 13 March 2012 section 40 Building Amendment Act 2012 Section 100(5) inserted 13 March 2012 section 40 Building Amendment Act 2012
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
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 Section 101(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
102: When compliance schedule must be issued
1: A building consent authority must issue a compliance schedule if—
a: the compliance schedule, or an amended compliance schedule, is required as a result of building work; and
b: the building consent authority is satisfied, on reasonable grounds, that the specified systems for the building are capable of performing to the performance standards for those systems.
2: A compliance schedule that is issued under subsection (1) must be issued with the relevant code compliance certificate or consent completion certificate.
3: A territorial authority must issue a compliance schedule on an application under section 102A Section 102 replaced 13 March 2012 section 41 Building Amendment Act 2012
102A: Procedure for obtaining compliance schedule where building consent not required
1: This section applies when an owner of a building for which a compliance schedule is required under section 100
2: The owner must apply in the prescribed form (if any) to the appropriate territorial authority for the issue of a compliance schedule by providing the authority with—
a: a description of all specified systems for the building and the performance standards for each of them; and
b: the proposed inspection, maintenance, and reporting procedures for the specified systems. Section 102A inserted 13 March 2012 section 42 Building Amendment Act 2012
103: Content of compliance schedule
1: A compliance schedule must—
a: state and describe each of the specified systems covered by the compliance schedule, including a statement of the type and (if known) make of each specified system; and
b: state the performance standards for the specified systems; and
c: describe the inspection, maintenance, and reporting procedures to be followed by independently qualified persons or other persons in respect of the specified systems to ensure that those systems are capable of, and are, performing to the performance standards.
2: For the purposes of subsection (1)﻿(c), the inspection, maintenance, and reporting procedures of the compliance schedule may be identified—
a: by description in the compliance schedule; or
b: by reference to—
i: a prescribed acceptable solution or prescribed verification method in a regulation referred to in section 20
ii: an acceptable solution or a verification method issued under section 22
iii: a building product or building method. 1991 No 150 s 44(2), (3), (5) Section 103(1) replaced 13 March 2012 section 43 Building Amendment Act 2012 Section 103(2)﻿(b)﻿(ii) amended 28 November 2013 section 22 Building Amendment Act 2013 Section 103(2)﻿(b)﻿(iii) replaced 7 September 2022 section 32 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
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
104A: Territorial authority must issue statement in relation to compliance schedule
A territorial authority that receives a copy under section 104 section 105(e) Section 104A inserted 15 March 2008 section 23 Building Amendment Act 2008
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: that each of the specified systems stated in the compliance schedule is performing, and will continue to perform, to the performance standards for that system; and
b: that the owner provides to the territorial authority an annual building warrant of fitness in accordance with section 108
c: that the compliance schedule is kept—
i: in the building; or
ii: in another building in the district of the territorial authority; or
iii: in some other place agreed on by the owner and the territorial authority; and
d: 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
e: that, for the first 12 months of the period of the compliance schedule, there is displayed publicly in the building so that users of the building can have access to it a statement by the territorial authority in the prescribed form that contains the following information:
i: the specified systems covered by the compliance schedule; and
ii: the place where the compliance schedule is held; and
iii: any other prescribed information. 1991 No 150 s 44(4) Section 105(e) replaced 13 March 2012 section 44 Building Amendment Act 2012
106: Application by owner for amendment to compliance schedule
1: An owner of a building that has 1 or more specified systems may, at any time and entirely at the owner's discretion, apply to the territorial authority of the district in which the building is situated for an amendment to a compliance schedule for the building.
2: However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if—
a: the owner considers that the amendment is required to ensure that the specified systems are performing, and will continue to perform, to the performance standards for those systems; or
b: as a result of an amendment to this Act or any regulation made under it, the compliance schedule—
i: no longer complies with the requirements of this Act or any regulations made under it; or
ii: contains information that is no longer required under this Act or any regulations made under it.
2A: An application under subsection (2)﻿(b) must be made before the next anniversary of the issue of the compliance schedule following the amendment of the Act or regulation that results in the compliance schedule becoming non-compliant or containing information that is no longer required.
3: The owner must—
a: apply for the amendment in the prescribed form; and
b: provide any information that the territorial authority reasonably requires in relation to the application; and
c: pay any fees and charges imposed by the territorial authority under section 219
4: The territorial authority must, as soon as practicable after receiving the application, decide whether to amend the compliance schedule.
5: If the territorial authority decides to amend the compliance schedule, the territorial authority must—
a: give written notice of the amendment to the owner; and
b: attach a copy of the amended compliance schedule to the notice.
6: 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 13 March 2012 section 45(1) Building Amendment Act 2012 Section 106(2A) inserted 13 March 2012 section 45(1) Building Amendment Act 2012 Section 106(3)﻿(c) replaced 13 March 2012 section 45(2) Building Amendment Act 2012
107: Territorial authority may amend compliance schedule on own initiative
1: 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.
2: If this section applies, the territorial authority may amend the compliance schedule—
a: on its own initiative; and
b: without an application for an amendment to the compliance schedule being made under section 106
3: However, before making an amendment to a compliance schedule under this section, the territorial authority must—
a: advise the owner of its intention to do so; and
b: give the owner a reasonable opportunity to make submissions on the matter; and
c: consider those submissions.
4: If the territorial authority amends a compliance schedule under this section, the territorial authority must—
a: give written notice of the amendment to the owner; and
b: attach a copy of the amended compliance schedule to the notice.
5: Section 107(5) repealed 13 March 2012 section 46 Building Amendment Act 2012 Annual building warrant of fitness
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).
2: 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.
3: The building warrant of fitness must—
a: be supplied on each anniversary of the issue of the compliance schedule; and
b: state that the inspection, maintenance, and reporting procedures of the compliance schedule have been fully complied with during the previous 12 months; and
c: have attached to it all certificates, in the prescribed form, issued by an independently qualified person
d: have attached to it any recommendation made by an independently qualified person
e: be in the prescribed form; and
f: contain the prescribed information.
4: The owner must publicly display a copy of the building warrant of fitness in a place in the building to which users of the building have ready access or, if the compliance schedule relates only to a cable car, publicly display the copy of the building warrant of fitness in or near the cable car
5: A person commits an offence if the person—
aa: fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or
a: fails to display a building warrant of fitness that is required to be displayed under this section; or
b: displays a false or misleading building warrant of fitness; or
c: 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 on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
7: In subsection (3)﻿(d), a reference to an independently qualified person is a reference to the independently qualified person or independently qualified persons who carried out or supervised the inspection, maintenance, and reporting procedures stated in the compliance schedule during the previous 12 months. 1991 No 150 s 45(1), (2) Section 108(3)﻿(c) amended 13 March 2012 section 47(1) Building Amendment Act 2012 Section 108(3)﻿(d) amended 13 March 2012 section 47(1) Building Amendment Act 2012 Section 108(4) amended 13 March 2012 section 47(2) Building Amendment Act 2012 Section 108(5)﻿(aa) inserted 15 March 2008 section 24 Building Amendment Act 2008 Section 108(6) replaced 8 June 2021 section 33 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 108(7) replaced 13 March 2012 section 47(3) Building Amendment Act 2012
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 section 108(3)﻿(d)
a: give the owner of the building concerned a reasonable opportunity to make written submissions on the recommendation; and
b: consider those submissions (if any); and
c: decide whether to—
i: accept the recommendation; or
ii: refuse to accept the recommendation; and
d: if it decides to accept the recommendation, amend the compliance schedule and give written notice to the owner accordingly. Section 109 amended 13 March 2012 section 48 Building Amendment Act 2012
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 compliance schedule signed by each independently qualified person or other person
b: keep those reports, together with the compliance schedule, for a period of 2 years; and
c: produce those reports for inspection, when required, by—
i: the territorial authority; and
ii: any person or organisation who or that has the right to inspect the building under any Act; and
d: show the location of those reports and the compliance schedule on the building warrant of fitness displayed in accordance with section 108(4) 1991 No 150 s 45(3) Section 110(a) amended 13 March 2012 section 49 Building Amendment Act 2012 Section 110(a) amended 15 March 2008 section 25 Building Amendment Act 2008
111: Inspections by territorial authority
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
b: the specified systems in the building.
2:
3: In this section, inspection
a: an annual building warrant of fitness supplied under section 108
b: every report under section 110 Section 111(2) repealed 13 March 2012 section 50 Building Amendment Act 2012 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
i: means of escape from fire; and
ii: access and facilities for persons with disabilities (if this is a requirement in terms of section 118
b: the building will,—
i: if it complied with the other provisions of the building code
ii: if it did not comply with the other provisions of the building code
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
a: if the building were required to comply with the relevant provisions of the building code
b: the alteration will result in improvements to attributes of the building that relate to—
i: means of escape from fire; or
ii: access and facilities for persons with disabilities; and
c: 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
3: This section is subject to section 133AT 1991 No 150 s 38 Section 112(1) replaced 28 November 2013 section 23 Building Amendment Act 2013 Section 112(3) inserted 1 July 2017 section 11 Building (Earthquake-prone Buildings) Amendment Act 2016
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, removed, or demolished on or before the end of the specified intended life; and
b: any other conditions that the territorial authority considers necessary.
3: In subsection (2), specified intended life 1991 No 150 s 39 Section 113(1) amended 15 March 2008 section 26 Building Amendment Act 2008 Change of use, extension of life, and subdivision of buildings
114: Owner must give notice of change of use, extension of life, or subdivision of buildings
1: In this section and section 115 change the use
2: An owner of a building must give written notice to the territorial authority if the owner proposes—
a: to change the use of a building; or
b: to extend the life of a building that has a specified intended life; or
c: to subdivide land in a manner that affects a building.
3: A person who fails to comply with subsection (2)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
4: 1991 No 150 s 46(1) Section 114(3) replaced 8 June 2021 section 34 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 114(4) repealed 8 June 2021 section 34 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
115: Code compliance requirements: change of use
An owner of a building must not change the use of the building,—
a: in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code
b: in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use,—
i: will comply, as nearly as is reasonably practicable, with every provision of the building code
A: means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
B: access and facilities for persons section 118
ii: will,—
A: if it complied with the other provisions of the building code
B: if it did not comply with the other provisions of the building code 1991 No 150 s 46(2) Section 115(b) replaced 28 November 2013 section 24 Building Amendment Act 2013 Section 115(b)﻿(i)﻿(B) amended 8 June 2021 section 35 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
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.
2: This subsection applies to a building with a specified intended life if—
a: under section 113(2)
b: 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.
3: The territorial authority must not give its consent to the extension 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
b: complies with section 112 Section 116 replaced 14 April 2005 section 14(1) Building Amendment Act 2005
116A: Code compliance requirements: subdivision
A territorial authority must not issue a certificate under section 224(f)
a: will comply, as nearly as is reasonably practicable, with every provision of the building code
i: means of escape from fire:
ii: access and facilities for persons with disabilities (if this is a requirement under section 118
iii: protection of other property; and
b: will,—
i: if it complied with the other provisions of the building code
ii: if it did not comply with the other provisions of the building code Section 116A inserted 14 April 2005 section 14(1) Building Amendment Act 2005 Section 116A(a) amended 28 November 2013 section 25(1) Building Amendment Act 2013 Section 116A(b) replaced 28 November 2013 section 25(2) Building Amendment Act 2013
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—
a: 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
b: 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 Section 116B inserted 14 April 2005 section 14(1) Building Amendment Act 2005 Section 116B(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Access to buildings by persons with disabilities
117: Definition for sections 118 to 120
In sections 118 to 120 building
a: parts of a building (including driveways, access ways, passages within and between complexes and developments, and associated landscaping (if any)); and
b: any premises or facilities.
118: Access and facilities for persons with disabilities to and within buildings
1: If provision is being made for the construction or alteration of any building to which members of the public are to be admitted, 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 disabilities who may be expected to—
a: visit or work in that building; and
b: carry out normal activities and processes in that building.
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 1991 No 150 s 47A(1)
119: Acceptable solution
1: This section applies to—
a: the New Zealand Standard Specification No 4121 (the code of practice for design for access and use of buildings by persons with disabilities), together with any modifications to that standard specification in force immediately before the commencement of this section; or
b: if an Order in Council is made under subsection (3),—
i: the standard specification referred to in paragraph (a) incorporating an amendment that is adopted by the order; or
ii: a standard specification that is in substitution for the standard specification referred to in paragraph (a) that is adopted by the order.
2: A standard specification to which this section applies is to be taken as an acceptable solution
3: 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
b: a standard specification that is in substitution for the standard specification referred to in that subsection.
4: The Minister must, no later than 6 months after the date on which an amendment or a standard specification is promulgated by the NZ Standards Organisation
a: make a recommendation under subsection (3) in relation to the amendment or standard specification; or
b: decide not to make a recommendation.
5: In this section, NZ Standards Organisation section 4(1)
6: An order under this section is secondary legislation ( see Part 3 1991 No 150 s 47A(3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 119 heading amended 28 November 2013 section 26(1) Building Amendment Act 2013 Section 119(2) amended 28 November 2013 section 26(2) Building Amendment Act 2013 Section 119(4) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 119(5) replaced 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 119(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
120: Symbols of access If any provision required by section 118 symbols of access 1991 No 150 s 47A(5) Section 120 heading amended 15 March 2008 section 27(1) Building Amendment Act 2008 Section 120 amended 15 March 2008 section 27(2) Building Amendment Act 2008
6: Special provisions for
dangerous, affected, and insanitary buildings Subpart 6 heading amended 1 July 2017 section 12 Building (Earthquake-prone Buildings) Amendment Act 2016 Interpretation and application Heading replaced 1 July 2017 section 13 Building (Earthquake-prone Buildings) Amendment Act 2016
121: Meaning of dangerous building
1: A building is dangerous
a: in the ordinary course of events (excluding the occurrence of an earthquake), the building is likely to cause—
i: injury or death (whether by collapse or otherwise) to any persons in it or to persons on other property; or
ii: damage to other property; or
b: in the event of fire, injury or death to any persons in the building or to persons on other property is likely
2: For the purpose of determining whether a building is dangerous in terms of subsection (1)﻿(b), a territorial authority—
a: may seek advice from employees, volunteers, and contractors of Fire and Emergency New Zealand board of Fire and Emergency New Zealand
b: if the advice is sought, must have due regard to the advice. 1991 No 150 s 64(1), (2), (3) Section 121(1)﻿(b) amended 13 March 2012 section 51 Building Amendment Act 2012 Section 121(2)﻿(a) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
121A: Meaning of affected building
A building is an affected building for the purposes of this Act if it is adjacent to, adjoining, or nearby—
a: a dangerous building as defined in section 121
b: a dangerous dam within the meaning of section 153 Section 121A inserted 28 November 2013 section 28 Building Amendment Act 2013
122: Meaning of earthquake-prone building
Section 122 repealed 1 July 2017 section 14 Building (Earthquake-prone Buildings) Amendment Act 2016
123: Meaning of insanitary building
A building is insanitary
a: is offensive or likely to be injurious to health because—
i: of how it is situated or constructed; or
ii: it is in a state of disrepair; or
b: has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building; or
c: does not have a supply of potable water that is adequate for its intended use; or
d: does not have sanitary facilities that are adequate for its intended use. 1991 No 150 s 64(4)
123A: Application of this subpart to parts of buildings
1: If a territorial authority is satisfied that only part of a building is dangerous (within the meaning of section 121 section 123
a: the territorial authority may exercise any of its powers or perform any of its functions under this subpart in respect of that part of the building rather than the whole building; and
b: for the purpose of paragraph (a), this subpart applies with any necessary modifications.
2: To the extent that a power or function of a territorial authority under this subpart relates to affected buildings,—
a: the territorial authority may exercise the power or perform the function in respect of all or part of an affected building; and
b: for the purpose of paragraph (a), this subpart applies with any necessary modifications. Section 123A inserted 1 July 2017 section 15 Building (Earthquake-prone Buildings) Amendment Act 2016 Powers of territorial authorities in respect of dangerous, affected, Heading amended 1 July 2017 section 16 Building (Earthquake-prone Buildings) Amendment Act 2016 Heading amended 28 November 2013 section 29 Building Amendment Act 2013
123B: Buildings in areas designated under subpart 6B
1: If a dangerous or insanitary building or a building adjacent to, or adjoining, a dangerous building is located in an area that has been designated under subpart 6B
2: Despite subsection (1), this subpart continues to apply to the building for the purposes of—
a: an action taken in relation to the building under section 124(2)﻿(a) or (b)
b: a notice issued in relation to the building under section 124(2)﻿(c) section 126
c: a notice issued in relation to the building under section 124(2)﻿(d)
d: an action in relation to the building for which a warrant has been issued under section 129(2) Section 123B inserted 17 December 2019 section 11 Building Amendment Act 2019
124: Dangerous, affected,
1: This section applies if a territorial authority is satisfied that a building in its district is a dangerous, affected,
2: In a case to which this section applies, the territorial authority may do any or all of the following:
a: put up a hoarding or fence to prevent people from approaching the building nearer than is safe:
b: attach in a prominent place on, or adjacent to, the building a notice that warns people not to approach the building:
c: except in the case of an affected building, issue a notice that complies with section 125(1)
i: reduce or remove the danger; or
ii: prevent the building from remaining insanitary:
d: issue a notice that complies with section 125(1A)
3: Section 124 replaced 28 November 2013 section 30 Building Amendment Act 2013 Section 124 heading amended 1 July 2017 section 17(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 124(1) amended 1 July 2017 section 17(2) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 124(3) repealed 1 July 2017 section 17(3) Building (Earthquake-prone Buildings) Amendment Act 2016
125: Requirements for notice requiring building work or restricting entry
1: A notice issued under section 124(2)﻿(c)
a: be in writing; and
b: be fixed to the building in question; and
c: be given in the form of a copy to the persons listed in subsection (2); and
d: state the time within which the building work must be carried out, which must not be less than a period of 10 days after the notice is given or a period reasonably sufficient to obtain a building consent if one is required, whichever period is longer; and
e: state whether the owner of the building must obtain a building consent in order to carry out the work required by the notice.
1A: A notice issued under section 124(2)﻿(d)
a: must be in writing; and
b: must be fixed to the building in question; and
c: must be given in the form of a copy to the persons listed in subsection (2); and
d: may be issued for a maximum period of 30 days; and
e: may be reissued once only for a further maximum period of 30 days.
2: A copy of the notice must be given to—
a: the owner of the building; and
b: an occupier of the building; and
c: 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 2017
d: every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138
e: every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and
f: Heritage New Zealand Pouhere Taonga
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). 1991 No 150 s 71 Section 125 heading replaced 28 November 2013 section 31 Building Amendment Act 2013 Section 125(1) replaced 28 November 2013 section 31 Building Amendment Act 2013 Section 125(1A) inserted 28 November 2013 section 31 Building Amendment Act 2013 Section 125(2)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 125(2)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 125(2)﻿(e) replaced 1 July 2017 section 18 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 125(2)﻿(f) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
126: Territorial authority may carry out work
1: A territorial authority may apply to the District Court a notice issued by the territorial authority under section 124(2)﻿(c)
a: the time stated in the notice; or
b: any further time that the territorial authority may allow.
2: Before the territorial authority applies to the District Court
3: If a territorial authority carries out building work under the authority of an order made under subsection (1),—
a: the owner of the building is liable for the costs of the work; and
b: the territorial authority may recover those costs from the owner; and
c: the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out. 1991 No 150 s 65(4), (5) Section 126(1) amended 1 March 2017 section 261 District Court Act 2016 Section 126(1) amended 28 November 2013 section 32 Building Amendment Act 2013 Section 126(2) amended 1 March 2017 section 261 District Court Act 2016
127: Building work includes demolition of building
Any work required or authorised to be done under section 124(2)﻿(c) section 126 1991 No 150 s 65(6) Section 127 amended 28 November 2013 section 33 Building Amendment Act 2013
128: Prohibition on using dangerous, affected,
1: This section applies if a territorial authority has done any of the following:
a: put up a hoarding or fence in relation to a building under section 124(2)﻿(a)
b: attached a notice warning people not to approach a building under section 124(2)﻿(b)
c: issued a notice restricting entry to a building under section 124(2)﻿(d)
2: In any case to which this section applies, and except as permitted by section 124(2)﻿(d)
a: use or occupy the building; or
b: permit another person to use or occupy the building. Section 128 replaced 28 November 2013 section 34 Building Amendment Act 2013 Section 128 heading amended 1 July 2017 section 19 Building (Earthquake-prone Buildings) Amendment Act 2016
128A: Offences in relation to dangerous, affected,
1: A person who fails to comply with a notice issued under section 124(2)﻿(c) section 125(2)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
2: A person who fails to comply with section 128(2)
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued. Section 128A inserted 28 November 2013 section 35 Building Amendment Act 2013 Section 128A heading amended 1 July 2017 section 20 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 128A(1)﻿(b) replaced 8 June 2021 section 36 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
129: Measures to avoid immediate danger or to fix insanitary conditions
1: 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 123
b: immediate action is necessary to fix insanitary conditions.
2: 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: remove that danger; or
b: fix those insanitary conditions.
3: If the territorial authority takes action under subsection (2),—
a: the owner of the building is liable for the costs of the action; and
b: the territorial authority may recover those costs from the owner; and
c: the amount recoverable by the territorial authority becomes a charge on the land on which the building is situated.
4: The chief executive of the territorial authority and the territorial authority are not under any liability arising from the issue, in good faith, of a warrant under subsection (2). 1991 No 150 s 70(1), (4) Section 129(1)﻿(a) amended 1 July 2017 section 21 Building (Earthquake-prone Buildings) Amendment Act 2016
130: Territorial authority must apply to District Court for confirmation of warrant
1: If the chief executive of a territorial authority issues a warrant under section 129(2) the District Court
2: On hearing the application, the District Court may—
a: confirm the warrant without modification; or
b: confirm the warrant subject to modification; or
c: set the warrant aside.
3: Subsection (1) does not apply if—
a: the owner of the building concerned notifies the territorial authority that—
i: the owner does not dispute the entry into the owner's land; and
ii: confirmation of the warrant by the District Court
b: the owner pays the costs referred to in section 129(3)﻿(a) 1991 No 150 s 70(2), (3) Section 130(1) amended 1 March 2017 section 261 District Court Act 2016 Section 130(3)﻿(a)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Policy on dangerous Heading amended 1 July 2017 section 22 Building (Earthquake-prone Buildings) Amendment Act 2016
131: Territorial authority must adopt policy on dangerous
1: A territorial authority must, within 18 months after the commencement of this section, adopt a policy on dangerous
2: The policy must state—
a: the approach that the territorial authority will take in performing its functions under this Part; and
b: the territorial authority's priorities in performing those functions; and
c: how the policy will apply to heritage buildings. Section 131 heading amended 1 July 2017 section 23(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 131(1) amended 1 July 2017 section 23(2) Building (Earthquake-prone Buildings) Amendment Act 2016
132: Adoption and review of policy
1: A policy under section 131 section 83
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 adopting 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.
132A: Policy must take into account affected buildings
1: A policy under section 131
2: A territorial authority must amend an existing policy to take into account affected buildings at the latest within a reasonable period following the next review of its policy required under section 132(4)
3: In subsection (2), existing policy Section 132A inserted 28 November 2013 section 36 Building Amendment Act 2013 Application of subpart to dams
133: Application of this subpart to dams
This subpart does not apply to—
a: a building that is a dam; or
b: a part of a building that is a dam.
6A: Special provisions for earthquake-prone buildings
Subpart 6A inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Application and interpretation Heading inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AA: Buildings to which this subpart applies
1: This subpart applies to all buildings except the following:
a: a building that is used wholly or mainly for residential purposes (but see
b: a farm building (being a shed or other building that is located on a farm and used primarily for farming activities or an ancillary purpose):
c: a stand-alone retaining wall (being a retaining wall that is not integral to the structure of a building):
d: a fence:
e: a monument (including a statue), unless the monument is capable of being entered by a person:
f: a wharf:
g: a bridge:
h: a tunnel:
i: a storage tank:
j: a building that is a dam:
k: a part of a building that is a dam.
2: Despite subsection (1)﻿(a), this subpart applies to a building described in that subsection if the building—
a: comprises 2 or more storeys; and
b: either—
i: is a hostel, boardinghouse, or other specialised accommodation; or
ii: contains 3 or more household units. Section 133AA inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AB: Meaning of earthquake-prone building
1: A building or a part of a building is earthquake prone
a: the building or part will have its ultimate capacity exceeded in a moderate earthquake; and
b: if the building or part were to collapse, the collapse would be likely to cause—
i: injury or death to persons in or near the building or on any other property; or
ii: damage to any other property.
2: Whether a building or a part of a building is earthquake prone is determined by the territorial authority in whose district the building is situated: see section 133AK
3: For the purpose of subsection (1)﻿(a), ultimate capacity moderate earthquake 1991 No 150 s 66 Section 133AB inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AC: Meaning of earthquake rating
1: In this Act, earthquake rating
a: that relate to how a building is likely to perform in an earthquake; and
b: that would be used to design a new building on the same site; and
c: as they apply on the day on which this section comes into force.
2: The earthquake rating of a building or a part of a building—
a: is determined by a territorial authority in accordance with the EPB methodology ( see section 133AK
b: is specified on the EPB notice issued for the building or part and recorded in the EPB register; and
c: determines the form of the EPB notice issued for the building or part ( see section 401C(a)
3: An earthquake rating may be expressed as a percentage or a percentage range. Examples
If a territorial authority determines that a building meets 25% of the requirements of the building code referred to in subsection (1), the earthquake rating of the building is 25%. If a territorial authority determines that a building meets between 0% and 10% of the requirements of the building code referred to in subsection (1), the earthquake rating of the building is the range of 0% to 10%. Section 133AC inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AD: Meaning of low, medium, and high seismic risk
1: For the purposes of this Act, the area in which a building is located has—
a: a low seismic risk
b: a medium seismic risk
c: a high seismic risk
2: For the purpose of subsection (1), the Z factor
a: the building code; and
b: verification methods; and
c: standards incorporated by reference into the building code or a verification method.
3: The seismic risk of an area affects—
a: the time frame within which a territorial authority must—
i: apply the EPB methodology to identify buildings or parts of buildings in the area that are potentially earthquake prone ( see section 133AG
ii: report to the chief executive on its progress towards that objective; and
b: the deadline for completing seismic work on a building or a part of a building in the area, if it is subject to an EPB notice ( see section 133AM Section 133AD inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AE: Meaning of priority building
1: In this subpart, priority building
a: a hospital building that is likely to be needed in an emergency (within the meaning of the Civil Defence Emergency Management Act 2002
i: emergency medical services; or
ii: ancillary services that are essential for the provision of emergency medical services:
b: a building that is likely to be needed in an emergency for use as an emergency shelter or emergency centre:
c: a building that is used to provide emergency response services (for example, policing, fire, ambulance, or rescue services):
d: a building that is regularly occupied by at least 20 people and that is used as any of the following:
i: an early childhood education and care centre licensed under Part 2
ii: a registered school or an integrated school (within the meaning of the Education and Training Act 2020
iii: a private training establishment registered under subpart 5
iv: an institution established under section 268
e: any part of an unreinforced masonry building that could—
i: fall from the building in an earthquake (for example, a parapet, an external wall, or a veranda); and
ii: fall onto any part of a public road, footpath, or other thoroughfare that a territorial authority has identified under section 133AF(2)﻿(a)
f: a building that a territorial authority has identified under section 133AF(2)﻿(b)
2: For the purposes of subsection (1)﻿(a) and (b), the likelihood of a building being needed in an emergency for a particular purpose must be assessed having regard to—
a: any national civil defence emergency management plan made under section 39
b: the civil defence emergency management group plan approved under section 48
3: If only part of a building meets the criteria set out in subsection (1), only that part of the building is a priority building.
4: Whether a building is a priority building affects—
a: the deadline by which a territorial authority must identify whether the building or a part of the building is potentially earthquake prone ( see section 133AG
b: the deadline for completing seismic work on the building or a part of the building, if it is subject to an EPB notice ( see section 133AM Section 133AE inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 133AE(1)﻿(d) replaced 1 August 2020 section 668 Education and Training Act 2020
133AF: Role of territorial authority in identifying certain priority buildings
1: This section applies to a territorial authority whose district includes any area of medium or high seismic risk.
2: The territorial authority,—
a: for the purpose of section 133AE(1)﻿(e) section 83
i: onto which parts of an unreinforced masonry building could fall in an earthquake; and
ii: that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of unreinforced masonry buildings; and
b: for the purpose of section 133AE(1)﻿(f)
i: may, in its discretion, initiate the special consultative procedure in section 83
ii: must not identify buildings for that purpose other than in accordance with the special consultative procedure.
3: However, a territorial authority is not required to act under subsection (2)﻿(a) if there is no reasonable prospect of any thoroughfare in its district satisfying the criteria set out in subsection (2)﻿(a)﻿(i) and (ii).
4: If a territorial authority is required by subsection (2)﻿(a) or decides under subsection (2)﻿(b) to use the special consultative procedure in section 83 section 133AG(4) Section 133AF inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Identifying earthquake-prone buildings Heading inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AG: Territorial authority must identify potentially earthquake-prone buildings
1: Within the applicable time frame under subsection (4), a territorial authority—
a: must apply the EPB methodology to buildings in its district to identify buildings or parts of buildings that are potentially earthquake prone; and
b: may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to any aspect of the EPB methodology.
2: Until the end of the applicable time frame, a territorial authority must report to the chief executive on its progress towards identifying buildings or parts of buildings within its district that are potentially earthquake prone as follows:
a: if the whole district is of low seismic risk, every 3 years; or
b: if the district includes an area of medium seismic risk, but no areas of high seismic risk, every 2 years; or
c: if the district includes an area of high seismic risk, every year.
3: After the end of the applicable time frame, a territorial authority may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to the EPB methodology.
4: The applicable time frame commencement date
a: for each area of low seismic risk, the expiry of 15 years after the commencement date; and
b: for each area of medium seismic risk, the expiry of the following period after the commencement date:
i: 5 years for priority buildings; and
ii: 10 years for other buildings; and
c: for each area of high seismic risk, the expiry of the following period after the commencement date:
i: 2 years and 6 months for priority buildings; and
ii: 5 years for other buildings. Section 133AG inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AH: Territorial authority must request engineering assessment of potentially earthquake-prone buildings
1: If a territorial authority identifies a building or a part of a building as potentially earthquake prone, the territorial authority must ask the owner of the building or part to provide an engineering assessment of the building or part.
2: The request must—
a: be in writing; and
b: be dated; and
c: identify the building or the part of a building that the territorial authority has identified as potentially earthquake prone; and
d: explain the basis on which the territorial authority has identified the building or the part of the building as potentially earthquake prone; and
e: explain the owner’s obligations under section 133AI
f: state whether the building is a priority building; and
g: state the due date for the engineering assessment, which must be 12 months after the date of the request; and
h: explain that if the owner is not reasonably able to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments), the owner may apply under section 133AJ
i: explain the consequences of the owner failing to provide the engineering assessment by the due date; and
j: explain what will happen if the territorial authority determines that the building or the part of the building is earthquake prone. Section 133AH inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AI: Obligations of owners on receiving request for engineering assessment
1: If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH section 133AJ
a: provide to the territorial authority an engineering assessment of the building or part that complies with the requirements of the EPB methodology; or
b: provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building or part as potentially earthquake prone; or
c: notify the territorial authority that the owner does not intend to provide an engineering assessment.
2: If a territorial authority is satisfied that it has incorrectly identified a building or a part of a building as potentially earthquake prone, the territorial authority must cancel the request for an engineering assessment and give the owner of the building or part written notice of that fact.
3: If an owner fails to comply with subsection (1), or notifies the territorial authority under subsection (1)﻿(c) that the owner does not intend to provide an engineering assessment of a building or a part of a building,—
a: the territorial authority must, under section 133AK(4)
b: the EPB notice issued for the building or part must, under section 133AL(4)
c: the territorial authority may obtain an engineering assessment of the building or part and recover, as a debt due from the owner of the building or part, the costs of doing so. Section 133AI inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AJ: Owners may apply for extension of time to provide engineering assessment
1: This section applies if—
a: a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH
b: the owner is unable to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments).
2: The owner may, no later than 2 months before the due date, apply to the territorial authority for an extension of up to 12 months from the due date.
3: The territorial authority must deal with the application promptly, by—
a: granting the extension and notifying the owner in writing of the revised due date for the engineering assessment; or
b: notifying the owner in writing that the extension has not been granted.
4: A territorial authority must not extend the due date for an engineering assessment more than once. Section 133AJ inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AK: Territorial authority must determine whether building is earthquake prone
1: If a territorial authority receives an engineering assessment of a building or a part of a building in response to a request made under section 133AH
a: whether the building or part is earthquake prone; and
b: if the building or part is earthquake prone, its earthquake rating.
2: If the territorial authority determines that the building or part is not earthquake prone, the territorial authority must promptly notify the owner in writing of its decision.
3: If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—
a: issue an EPB notice for the building or part under section 133AL
b: record the details of the decision in the EPB register and update other information in the EPB register as necessary.
4: If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH
a: the territorial authority—
i: must proceed as if it had determined the building or part to be earthquake prone; and
ii: need not determine the earthquake rating of the building or part; and
b: this Act applies as if the territorial authority had determined the building or part to be earthquake prone. Section 133AK inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Remediation of earthquake-prone buildings Heading inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AL: Territorial authority must issue EPB notice for earthquake-prone buildings
1: This section applies if a territorial authority makes any of the following decisions:
a: determining under section 133AK 133AY clause 2
b: revoking an exemption under section 133AN
c: revoking an extension under section 133AO
d: determining under section 133AQ 133AY
2: The territorial authority must promptly issue an EPB notice for the building or the part of the building, which must—
a: be dated; and
b: be in the prescribed form; and
c: identify the building or the part of a building determined to be earthquake prone; and
d: specify whether the building or part is a priority building; and
e: specify the earthquake rating of the building or part (unless this has not been determined: see section 133AK(4) clause 2
f: state that the owner of the building or part is required to carry out building work to ensure that the building or part is no longer earthquake prone ( seismic work
g: state the deadline for completing seismic work ( see section 133AM
h: state that the owner of the building or part may apply under section 133AN
i: if the building is a heritage building to which section 133AO
j: state that the owner is not required to complete seismic work if the territorial authority determines or is satisfied, in accordance with section 133AQ
3: If the earthquake rating of a building or a part of a building is a percentage range that spans more than 1 prescribed category of earthquake ratings, the notice issued for the building or part must be in the form prescribed for the category that includes the lowest point in the percentage range.
4: If the territorial authority is proceeding under section 133AK(4)
a: the notice must be in the form prescribed for the category of earthquake ratings that includes the lowest earthquake ratings ( see section 401C(a)
b: the notice must state—
i: that the territorial authority has not determined whether the building or part is earthquake prone, but is proceeding as if it had; and
ii: that the earthquake rating of the building or part has not been determined.
5: The territorial authority must give a copy of the notice to—
a: the owner of the building or the part of the building; and
b: 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 2017
c: every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138
d: every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and
e: Heritage New Zealand Pouhere Taonga, if the building is a heritage building.
6: However, the notice is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (5). Section 133AL inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 133AL(5)﻿(b) amended 12 November 2018 section 247(3)﻿(a) Land Transfer Act 2017 Section 133AL(5)﻿(c) amended 12 November 2018 section 247(3)﻿(b) Land Transfer Act 2017
133AM: Deadline for completing seismic work
1: The owner of a building or a part of a building that is subject to an EPB notice must complete seismic work on the building or part on or before the deadline specified in this section.
2: The deadline is the expiry of whichever of the following periods, as measured from the date of the first EPB notice issued for the building or the part of the building (rather than any replacement EPB notice), is applicable:
a: in an area of low seismic risk, 35 years for any building; and
b: in an area of medium seismic risk, 12 years and 6 months for a priority building and 25 years for any other building; and
c: in an area of high seismic risk, 7 years and 6 months for a priority building and 15 years for any other building.
3: However,—
a: if clause 2
b: if the building or the part of the building is a heritage building for which an extension is granted under section 133AO
4: To avoid doubt, seismic work may include the demolition of a building or part of a building. Section 133AM inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AN: Owner may apply for exemption from requirement to carry out seismic work
1: The owner of a building or a part of a building that is subject to an EPB notice may apply to a territorial authority for an exemption from the requirement to carry out seismic work on the building or part.
2: An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219
3: The territorial authority must deal with the application promptly, by doing one of the following:
a: if the territorial authority is satisfied that the building or the part of the building has the prescribed characteristics ( see section 401C(b)
i: granting the exemption and issuing an EPB exemption notice; and
ii: recording the details of the exemption in the EPB register and updating other information in the EPB register as necessary; or
b: notifying the owner in writing that the exemption has not been granted.
4: An EPB exemption notice must—
a: identify the building or the part of the building that is subject to an EPB notice; and
b: state that the owner of the building or the part of the building is exempt from the requirement to carry out seismic work on the building or part; and
c: give the territorial authority's reasons for granting the exemption.
5: A territorial authority may review an exemption at any time, and may revoke it if satisfied that the building no longer has the prescribed characteristics.
6: An exemption stays in force until the territorial authority revokes it.
7: As soon as practicable after revoking an exemption, a territorial authority must—
a: reissue an EPB notice under section 133AL
b: record the details of the revocation in the EPB register and update other information in the EPB register as necessary. Section 133AN inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AO: Owners of certain heritage buildings may apply for extension of time to complete seismic work
1: This section applies to a building if—
a: the building or a part of the building is subject to an EPB notice; and
b: the building is—
i: included as a Category 1 historic place on the New Zealand Heritage List/Rārangi Kōrero maintained under section 65
ii: included on the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81
2: The owner of the building or the part of the building (the owner
3: An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219
4: The territorial authority may, by notice in writing to the owner, extend by up to 10 years the deadline for completing seismic work that applies under section 133AM(2) or (3)﻿(a)
5: If the territorial authority grants an extension, the owner must—
a: take all reasonably practicable steps to manage or reduce the risks associated with the building or the part of the building being earthquake prone; and
b: comply with any conditions imposed by the territorial authority for the purpose of managing or reducing the risks referred to in paragraph (a).
6: If the owner fails to comply with subsection (5), the territorial authority may revoke the extension.
7: As soon as practicable after granting or revoking an extension, a territorial authority must—
a: reissue an EPB notice under section 133AL
b: record the details of the extension or revocation in the EPB register and update other information in the EPB register as necessary. Section 133AO inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AP: EPB notices and EPB exemption notices to be attached to earthquake-prone buildings
1: As soon as practicable after issuing an EPB notice or an EPB exemption notice for a building or a part of a building, the territorial authority must—
a: attach, or require the owner of the building or part to attach, the notice in a prominent place on or adjacent to the building; and
b: remove, or authorise the owner of the building or part to remove, any superseded EPB notice or EPB exemption notice that is attached on or adjacent to the building.
2: If an EPB notice or an EPB exemption notice ceases to be attached in a prominent place on or adjacent to a building, or becomes illegible,—
a: the owner of the building or the part of the building to which the notice relates must notify the territorial authority of that fact; and
b: the territorial authority must issue a replacement notice; and
c: subsection (1) applies to the replacement notice.
3: Subsection (2) does not apply if the removal of the notice is authorised by or under this subpart. Section 133AP inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AQ: Territorial authority may assess information relating to earthquake-prone building status at any time
1: This section applies if, at any time,—
a: the owner of a building or a part of a building sends to the territorial authority an engineering assessment of the building or part (whether or not the building or part is already subject to an EPB notice); or
b: a territorial authority is satisfied, on the basis of evidence other than an engineering assessment, that a building or a part of a building that is subject to an EPB notice is not earthquake prone.
2: As soon as practicable after receiving an engineering assessment under this section for a building or a part of a building, the territorial authority must determine, in accordance with the EPB methodology,—
a: whether the building or part is earthquake prone; and
b: if the building or part is earthquake prone, its earthquake rating.
3: If the territorial authority determines or is satisfied that the building or part is not earthquake prone, the territorial authority must promptly—
a: notify the owner in writing of its decision; and
b: if the building or part is already subject to an EPB notice,—
i: remove the building from the EPB register; and
ii: remove, or authorise the owner of the building or part to remove, any EPB notice or EPB exemption notice attached on or adjacent to the building.
4: If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—
a: notify the owner in writing of its decision; and
b: if the building or part is not already subject to an EPB notice, issue an EPB notice for the building or part under section 133AL
c: if the building or part is already subject to an EPB notice,—
i: if the earthquake rating has changed, reissue an EPB notice under section 133AL
ii: if the earthquake rating has not changed, notify the owner in writing of that fact; and
d: record the details of the decision in the EPB register and update other information in the EPB register as necessary. Section 133AQ inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Powers of territorial authorities in respect of earthquake-prone buildings Heading inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AR: Territorial authority may impose safety requirements
1: If a territorial authority determines that a building or a part of a building in its district is earthquake prone, the territorial authority may do any or all of the following:
a: put up a hoarding or fence to prevent people from approaching the building or part nearer than is safe:
b: attach in a prominent place, on or adjacent to the building or part, a notice that warns people not to approach the building or part:
c: issue a notice that complies with subsection (2) restricting entry to the building or part for particular purposes or restricting entry to particular persons or groups of persons.
2: A notice issued under subsection (1)﻿(c)—
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 section 133AL(5)
d: may be issued for a period of up to 30 days; and
e: may be reissued, but not more than once, for a further period of up to 30 days.
3: However, a notice issued under subsection (1)﻿(c), if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons listed in section 133AL(5)
4: If, in relation to a building or a part of a building, a territorial authority has put up a hoarding or fence or attached a notice under subsection (1)﻿(b) or (c), no person may, other than in accordance with the terms of a notice issued under subsection (1)﻿(c),—
a: use or occupy the building or part; or
b: permit another person to use or occupy the building or part. Section 133AR inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AS: Territorial authority may carry out seismic work
1: This section applies if seismic work on a building or a part of a building that is subject to an EPB notice is not completed by the deadline that applies under section 133AM
2: The territorial authority may apply to the District Court for an order authorising the territorial authority to carry out seismic work on the building or the part of the building.
3: Before the territorial authority applies to the District Court under subsection (2), the territorial authority must give the owner of the building or the part of the building not less than 10 days' written notice of its intention to do so.
4: If a territorial authority carries out seismic work on a building or a part of a building under the authority of an order made under subsection (2),—
a: the owner of the building or part is liable for the costs of the work; and
b: the territorial authority may recover those costs from the owner; and
c: the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.
5: Seismic work authorised to be done under this section may include the demolition of a building or part of a building. 1991 No 150 s 65(4), (5) Section 133AS inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AT: Alterations to buildings subject to EPB notice
1: This section applies instead of section 112
2: A building consent authority must not grant a building consent for the alteration of the building or part unless the building consent authority is satisfied that,—
a: after the alteration, the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—
i: means of escape from fire; and
ii: access and facilities for persons with disabilities (if this is a requirement in terms of section 118
b: after the alteration, the building will,—
i: if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or
ii: if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply; and
c: in the case of a substantial alteration, the alteration includes the necessary seismic work. An alteration of a building is a substantial alteration section 401C(c)
3: Despite subsection (2)﻿(a), a territorial authority may, by written notice to the owner of the building or part, specify 1 or more of the provisions of the building code referred to in subsection (2)﻿(a) and allow the alteration of the building or part without the building complying with the specified provisions if the territorial authority is satisfied that—
a: the alteration includes the necessary seismic work; and
b: if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and
c: the permitted non-compliance with the specified provisions is no more than is reasonably necessary in the light of the objective of ensuring that the building or part is no longer earthquake prone; and
d: after the alteration, the building will continue to comply with the specified provisions, and other provisions of the building code, to at least the same extent as it complied with those provisions immediately before the building work began.
4: When making the assessments required by subsection (3)﻿(b) and (c), the territorial authority must take into account the matters (if any) prescribed under section 401C(d) Section 133AT inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Offences Heading inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AU: Offences in relation to earthquake-prone buildings
Failure to complete seismic work
1: The owner of a building or a part of a building that is subject to an EPB notice who fails to complete seismic work on the building or part by the deadline that applies under section 133AM
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000. Failures relating to EPB notices and EPB exemption notices
2: A person commits an offence if—
a: a territorial authority requires the person to attach an EPB notice or an EPB exemption notice on or adjacent to a building under section 133AP
b: the person—
i: fails to attach the notice in accordance with that section; or
ii: attaches the notice otherwise than in accordance with that section.
3: A person commits an offence if—
a: the person is required under section 133AP(2)﻿(a)
b: the person fails to notify the territorial authority in accordance with that section.
4: A person who commits an offence under subsection (2) or (3) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000. Failure to comply with safety requirements
5: A person who fails to comply with section 133AR(4)
a: to a fine not exceeding $200,000; and
b: 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 continues. Section 133AU inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 133AU(1)﻿(b) replaced 8 June 2021 section 37(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 133AU(4) replaced 8 June 2021 section 37(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Methodology for identifying earthquake-prone buildings (EPB methodology) Heading inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AV: Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)
1: The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology
a: identify the buildings or parts of buildings in their district that are potentially earthquake prone; and
b: determine whether a potentially earthquake-prone building or part of a building is earthquake prone and, if it is, its earthquake rating.
2: The methodology—
a: may specify buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
b: may specify a method for identifying buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
c: must specify the requirements for an engineering assessment of a building or a part of a building; and
d: must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building or a part of a building is earthquake prone or potentially earthquake prone.
3: The chief executive must set the methodology no later than 1 month after the commencement of this section.
4: The methodology may incorporate material by reference in accordance with sections 405 to 413
5: The chief executive may amend or replace the methodology at any time.
6: If the chief executive amends or replaces the methodology, sections 133AW 133AX
7: As soon as practicable after the chief executive has set the EPB methodology, the chief executive must notify territorial authorities that the methodology has been set.
8: An instrument setting the EPB methodology under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publicly notify it (see definition in section 7 •	make it available on the Internet in a form that is publicly accessible at all reasonable times •	make it available in printed form for purchase on request by members of the public •	comply with subsection (7) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 133AV inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 133AV(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 133AV(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
133AW: Consultation requirements for setting EPB methodology
1: Before setting the EPB methodology, the chief executive must do everything reasonably practicable on his or her part to consult territorial authorities and any other persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the setting of the methodology.
2: The process for consultation should, to the extent practicable in the circumstances, include—
a: giving adequate and appropriate notice of the intention to set the methodology; and
b: giving a reasonable opportunity for territorial authorities and other interested persons to make submissions; and
c: giving adequate and appropriate consideration to submissions.
3: A failure to comply with this section does not affect the validity of the methodology. Section 133AW inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AX: Notification and availability of EPB methodology
Section 133AX repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Miscellaneous Heading inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
133AY: What territorial authority must do if definition of ultimate capacity or moderate earthquake amended
1: This section applies if the definition of ultimate capacity or moderate earthquake, as set out in regulations made for the purpose of section 133AB
2: As soon as is reasonably practicable after the definition is amended or replaced, a territorial authority—
a: must consider whether any decision that it has made under this subpart should be reassessed in the light of the changes to the definition; and
b: may remake the decision.
3: Section 133AQ(3) and (4) Section 133AY inserted 1 July 2017 section 24 Building (Earthquake-prone Buildings) Amendment Act 2016
6B: Special provisions for buildings affected by emergency
Subpart 6B inserted 17 December 2019 section 12 Building Amendment Act 2019
133BA: Purpose of this subpart
1: The purpose of this subpart is to provide for the management of buildings located in an area that has been affected by an emergency.
2: This subpart applies to all buildings in an area that is designated under section 133BC Section 133BA inserted 17 December 2019 section 12 Building Amendment Act 2019
133BB: Definitions
1: In this subpart, unless the context otherwise requires,— CDEM Act Civil Defence Emergency Management Act 2002 critical infrastructure
a: a priority building; or
b: a building or other infrastructure operated or used by a lifeline utility defence area section 2(1) designated area section 133BC emergency section 4 intelligence and security agency section 4 lifeline utility section 4 multi-unit residential building
a: comprises 2 or more storeys; and
b: either—
i: is a hostel, boardinghouse, or other specialised accommodation; or
ii: contains 3 or more household units New Zealand Defence Force section 2(1) officer in charge
a: for a building referred to in paragraph (a) of the definition of secured building, the officer in charge within the meaning of regulation 2
b: for a building referred to in paragraph (b) of that definition, the person who is for the time being responsible for the security of the building priority building section 133AE(1) relevant CDEM decision-maker
a: means—
i: the Minister responsible for administration of the CDEM Act; or
ii: a person who is appointed or otherwise authorised under section 25
b: in sections 133BG 133BH residential building responsible person section 133BJ 133BK risk section 133BV
a: means a risk to—
i: persons, of injury or death; or
ii: buildings, of damage or of disruption to their use; or
iii: public thoroughfares, of disruption; or
iv: critical infrastructure, of damage or disruption to its operation or use; and
b: includes a risk of any kind associated with a building that is insanitary within the meaning of section 123 secured building
a: a building that—
i: is a defence area; or
ii: includes a part of a building that is a defence area; or
iii: is located on or in a defence area; or
b: any other building or a part of any other building that is used by—
i: the New Zealand Defence Force; or
ii: an intelligence and security agency; or
iii: the Ministry of Foreign Affairs and Trade simple-unit residential building state of emergency section 4 transition period section 4 works
a: demolition of the whole or a part of the building; and
b: works on the land on which the building is situated.
2: A reference in this subpart to land on which a building is situated
a: the land beneath the building; and
b: any land surrounding the building that is used in connection with the use of the building.
3: A reference in sections 133BJ to 133BZA building
4: Subsection (3) does not limit or affect the way in which any other provision of this Act applies in relation to parts of buildings.
5: If 2 or more territorial authorities are required or authorised by this subpart to make a decision or to exercise powers in relation to a designated area, each authority must do so only in relation to that part of the designated area for which that authority is responsible. Section 133BB inserted 17 December 2019 section 12 Building Amendment Act 2019 Designation of areas for emergency management of buildings Heading inserted 17 December 2019 section 12 Building Amendment Act 2019
133BC: Designation of areas to which this subpart applies
1: If a state of emergency or a transition period is in force for an area under the CDEM Act, a relevant CDEM decision-maker may designate the whole or a part of that area for the purposes of this subpart.
2: If an emergency arises and there is no state of emergency or transition period in force,—
a: a territorial authority that is responsible for the whole or a part of the affected area may, with the approval of the Minister, designate the whole or any part of the affected area for the purposes of this subpart; or
b: the Minister may, on the Minister’s own initiative, designate the whole or any part of the affected area for the purposes of this subpart.
3: For the purposes of subsection (2)﻿(a), a territorial authority may request the Minister’s approval only for an area for which the authority is responsible, but 2 or more territorial authorities may make a joint request. Section 133BC inserted 17 December 2019 section 12 Building Amendment Act 2019
133BD: Decisions about designations (other than termination)
1: A person may only make a designation decision if satisfied that the proposed decision is—
a: in the public interest; and
b: necessary or desirable for the protection of—
i: persons, from injury or death; or
ii: buildings, from damage or disruption to their use; or
iii: public thoroughfares, from disruption; or
iv: critical infrastructure, from damage or disruption to its operation or use; or
v: persons or buildings, from the effects of the insanitary condition (if applicable) of a building in the relevant area.
2: A person making a designation decision must, to the extent that is practicable in the circumstances, have regard to the following matters:
a: the scale and degree of the impact of the emergency and of its effects on buildings in the relevant area:
b: the likelihood of a further emergency or any other relevant event occurring that could cause—
i: buildings in the relevant area to pose increased or additional risks; or
ii: land in the relevant area to pose a risk to a building:
c: the principle that it is preferable that risks be managed, if possible, without the exercise or continued exercise of powers under this subpart.
3: A person making a decision to designate an area under section 133BC(1)
4: In this section, designation decision
a: to designate an area under section 133BC
b: to extend a designation under section 133BH
c: by the Minister, to approve a proposed designation under section 133BC(2)﻿(a) section 133BH(1)﻿(b) or (c)﻿(ii)
d: to extend, under section 133BQ(9) 133BW(9)
e: made after a review under section 133BG Section 133BD inserted 17 December 2019 section 12 Building Amendment Act 2019
133BE: Public notice of designation
1: A person who designates an area under section 133BC
2: If it is not practicable to comply with subsection (1), the person must notify the public of
3: Notice under this section must—
a: describe the designated area; and
b: describe the relevant emergency; and
c: specify the time at which and the date on which the designation decision was made.
4: A failure to comply with this section does not invalidate a designation. Section 133BE inserted 17 December 2019 section 12 Building Amendment Act 2019 Section 133BE(2) amended 8 June 2021 section 38 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
133BF: Commencement and duration of designation
1: A designation comes into force at the time and on the date that the designation is made.
2: Subject to this section, a designation ends at the end of the day that is 3 years after the date on which it comes into force, unless extended or terminated sooner.
3: A designation that is extended under section 133BH section 133BH(3)
4: A designation that is terminated ends at the time and on the date specified in the public notification under section 133BI(4)
5: If a state of emergency or a transition period referred to in section 133BC(1) Section 133BF inserted 17 December 2019 section 12 Building Amendment Act 2019
133BG: Periodic review of designation
1: A person described in subsection (2) must, at least every 90 days, review each designation under this subpart and, having regard to the matters set out in section 133BD(1) and (2)
2: The persons are,—
a: for a designation made under section 133BC(1)
b: for a designation made under section 133BC(1)
c: for a designation made under section 133BC(2)﻿(a)
d: for a designation made under section 133BC(2)﻿(b)
3: A person who reviews a designation must notify the outcome of the review in accordance with section 133BE
4: Notification under subsection (3) must include details of any exercise of a power under the CDEM Act in accordance with section 133BL(2) Section 133BG inserted 17 December 2019 section 12 Building Amendment Act 2019
133BH: Extension of designation
1: Before a designation ends under this subpart, its duration may be extended as follows:
a: a designation made under section 133BC(1)
i: the relevant CDEM decision-maker who made the designation; or
ii: another relevant CDEM decision-maker; or
iii: the Minister, on the Minister’s own initiative:
b: a designation made under section 133BC(1)
c: a designation made under section 133BC(2)﻿(a)
i: the Minister; or
ii: with the Minister’s approval, the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:
d: a designation made under section 133BC(2)﻿(a)
i: the Minister; or
ii: the relevant CDEM decision-maker who declared the state of emergency or notified the transition period (as the case may be); or
iii: another relevant CDEM decision-maker:
e: a designation made under section 133BC(2)﻿(b)
f: a designation made under section 133BC(2)﻿(b)
i: the Minister; or
ii: the relevant CDEM decision-maker who declared the state of emergency or notified the transition period (as the case may be); or
iii: another relevant CDEM decision-maker.
2: An extension of a designation—
a: must be for no more than 3 years:
b: may relate to the whole or a part of the designated area:
c: may be made once only.
3: A person who extends a designation must—
a: notify the extension in accordance with section 133BE
b: include in the notice the time and date to which the designation is extended. Section 133BH inserted 17 December 2019 section 12 Building Amendment Act 2019
133BI: Termination of designation
1: Before a designation ends under section 133BF(2) or (3) section 133BH(1)
2: A person must not terminate a designation unless the person is satisfied that the designation is no longer in the public interest.
3: A termination of a designation may relate to the whole or a part of the designated area.
4: A person who terminates a designation must notify the termination in accordance with section 133BE Section 133BI inserted 17 December 2019 section 12 Building Amendment Act 2019 Management of buildings in designated areas Heading inserted 17 December 2019 section 12 Building Amendment Act 2019
133BJ: Responsible persons may exercise powers under this subpart
1: This section and section 133BK sections 133BQ to 133BX 133BZA
2: If no state of emergency or transition period is in force at the same time as the designation, the powers may be exercised,—
a: if the area was designated under section 133BC(1)
b: if the area was designated under section 133BC(2)﻿(a)
c: if the area was designated under section 133BC(2)﻿(b)
i: by the Minister; or
ii: on direction by the Minister, by the territorial authority that is responsible for the designated area.
3: If a state of emergency or transition period is in force at the same time as the designation, the powers may be exercised by a person described in section 133BK
4: The Minister may give directions to a territorial authority that is exercising powers under subsection (2).
5: A direction given by the Minister may—
a: require a power to be exercised or not to be exercised; and
b: relate to any or all powers under sections 133BQ to 133BX 133BZA
c: relate to a specified building, a specified class of building, or all buildings in the designated area.
6: A territorial authority must comply with a direction.
7: The Minister may amend, revoke, or replace a direction at any time. Section 133BJ inserted 17 December 2019 section 12 Building Amendment Act 2019
133BK: CDEM Act officers as responsible persons
1: This section sets out who may exercise powers under sections 133BQ to 133BX 133BZA section 133BJ(3)
2: The powers may be exercised as follows:
a: the power under section 133BQ
i: during a state of emergency, by a Controller (or a person acting under the Controller’s authority):
ii: during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):
b: the power under section 133BR
i: during a state of emergency, by a Controller or a constable (or a person acting under that person’s authority):
ii: during a transition period, by a Recovery Manager or a constable (or a person acting under that person’s authority):
c: the power under section 133BS section 133BT
i: during a state of emergency, by a Controller (or a person acting under the Controller’s authority):
ii: during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):
d: the power under section 133BU section 133BZA(3)﻿(a)
i: during a state of emergency, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):
ii: during a transition period, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):
e: the power under section 133BV section 133BW section 133BX section 133BZA(3)﻿(b)
i: during a state of emergency, by the CDEM Group (or a person acting under the Group’s authority):
ii: during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority).
3: For the purposes of subsection (2),—
a: a responsible person who is a Group Controller must comply with section 28(4)
b: a responsible person who is a Local Controller must comply with section 27(2)
c: a responsible person who is a Group Recovery Manager must comply with section 30A(5)
d: a responsible person who is a Local Recovery Manager must comply with section 30(2)
4: In this section,— CDEM Group Controller, Director, Group Controller, Group Recovery Manager, Local Controller, Local Recovery Manager, and Recovery Manager Section 133BK inserted 17 December 2019 section 12 Building Amendment Act 2019
133BL: Powers under this subpart take precedence over CDEM Act powers
1: A responsible person who is described in section 133BK(2)
2: Subsection (1) does not apply if the responsible person believes that it is necessary or desirable to exercise a power under the CDEM Act to remove or reduce risks posed by the building that cannot be removed or reduced by exercising a power under any of sections 133BQ to 133BX 133BZA Section 133BL inserted 17 December 2019 section 12 Building Amendment Act 2019
133BM: Effect of previously issued CDEM Act notices
1: This section applies if—
a: a state of emergency or transition period is in force for a part of the period during which a designation of an area under section 133BC
b: the responsible person—
i: has exercised a power under the CDEM Act in the area before the area was designated; or
ii: exercises a power under the CDEM Act in the area in accordance with section 133BL(2)
2: Before the state of emergency or transition period ends, the responsible person may determine that any equivalent CDEM Act notice that is issued or given in relation to a building in the area (whether or not a notice, direction, or other requirement is issued or given under this subpart in relation to the same building) should continue in force under this subpart.
3: If a determination is made under subsection (2), the equivalent CDEM Act notice must be treated as continuing in force under the corresponding provision of this subpart, subject to any conditions that the relevant responsible person considers necessary or desirable to remove or reduce risks posed by the relevant building.
4: In this section, equivalent CDEM Act notice Section 133BM inserted 17 December 2019 section 12 Building Amendment Act 2019
133BN: Principles for exercise of powers
A responsible person exercising a power under any of sections 133BQ to 133BX 133BZA
a: the paramount consideration in the exercise of those powers is the protection of human life and safety:
b: actions taken should be proportionate to the risks being managed:
c: actions should result in minimal restriction of the ability of an owner or occupier to continue to use and occupy property and any restriction of that ability should be for no longer than is reasonably necessary:
d: decisions should be based on—
i: up-to-date information, including information about the possible occurrence of further emergencies or other relevant events and other changes in the type and severity of risks arising from an emergency:
ii: information about possible future events. Section 133BN inserted 17 December 2019 section 12 Building Amendment Act 2019
133BO: Power to enter building or land
1: A responsible person or a constable may enter a building or land for the purpose of exercising the power under section 133BR
2: A responsible person may enter a building or land for the purpose of exercising a power under—
a: section 133BS
b: section 133BT
c: section 133BV
d: section 133BW
e: section 133BX
3: A person who is exercising a power of entry under this section must—
a: carry proof of identity; and
b: on request by the owner or occupier (including a request made at a later time),—
i: produce that proof of identity; or
ii: produce evidence or give a general explanation of the authority under which the person is acting and the power that the person is exercising. Section 133BO inserted 17 December 2019 section 12 Building Amendment Act 2019
133BP: Exercise of powers in secured buildings
A responsible person who is exercising a power under any of sections 133BQ to 133BX 133BZA Section 133BP inserted 17 December 2019 section 12 Building Amendment Act 2019
133BQ: Post-event assessments
1: A responsible person may inspect the exterior and interior of a building or any land in a designated area and prepare a post-event assessment of any risks posed by or to the building.
2: The post-event assessment must be prepared—
a: in accordance with the methodology (if any) approved by the chief executive; and
b: in writing and in the form (if any) approved by the chief executive.
2A: An instrument containing the methodology approved by the chief executive under subsection (2)﻿(a) is secondary legislation ( see Part 3
3: If a responsible person has reasonable grounds for believing entry to be necessary for making the post-event assessment of a building, the responsible person may—
a: enter a simple-unit residential building or a household unit within a simple-unit residential building only—
i: with the occupier’s consent; or
ii: in accordance with a warrant issued under this section:
b: enter any other building, any land on which any building (including land under or around a simple-unit residential building) is situated, or any other land in the designated area, at any time after taking any steps that the responsible person considers reasonable in the circumstances to obtain the occupier’s consent to entry.
4: In entering and inspecting a building or land, or any household unit or other part of a building, a responsible person—
a: may use any means that are reasonable in the circumstances; and
b: must take all reasonable steps to ensure that minimal damage is caused to the building.
5: A responsible person who does not hold a warrant issued under this section must not enter a building in the presence of the occupier unless the responsible person has—
a: told the occupier the reason for the proposed entry; and
b: produced evidence of the person’s identity and authority to enter for inspection; and
c: told the occupier that the occupier may consent, or refuse to consent, to the entry.
6: If a responsible person enters and inspects a building or land in the absence of the occupier, the responsible person must, before leaving, leave in the building a notice stating—
a: the responsible person’s identity; and
b: the date and time of entry; and
c: the purpose of the entry.
7: A notice under subsection (6) must be in the form (if any) approved by the chief executive.
8: A responsible person must not enter and inspect a building or land under subsection (3)﻿(b) after the day that is 6 months after the date on which the designation for the designated area comes into force, except—
a: with the occupier’s consent to entry; or
b: in accordance with a warrant issued under this section.
9: The period under subsection (8) may be extended—
a: by—
i: the person who designated the area; or
ii: another person (if any) who can extend the designation of the area under section 133BH
b: by up to 3 months:
c: once only.
10: The responsible person must apply for a warrant for the purpose of subsections (3)﻿(a)﻿(ii) and (8)﻿(b) in the manner provided in subpart 3
11: An issuing officer may, on application, issue a warrant to enter a building if the officer reasonably considers that entry is necessary to make a post-event assessment.
12: The warrant authorises the responsible person to enter and inspect the building or unit. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2A). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2A) Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 133BQ inserted 17 December 2019 section 12 Building Amendment Act 2019 Section 133BQ(2A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
133BR: Evacuation
1: A responsible person or a constable may direct the evacuation of a building in a designated area if satisfied that evacuation is necessary to prevent the death or injury of any person in the designated area.
2: A responsible person or a constable may give a direction under subsection (1) before exercising any other power under this subpart in relation to the building.
3: A person who intentionally fails, without reasonable excuse, to comply with a direction—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $50,000. Section 133BR inserted 17 December 2019 section 12 Building Amendment Act 2019
133BS: Measures to keep people at safe distance and protect building
1: A responsible person may put in place measures that the person considers reasonably necessary—
a: to keep people at a safe distance from a building in a designated area; or
b: to protect a building in the designated area from being damaged.
2: Measures may include—
a: the installation of a hoarding or fence to prevent people from approaching the building; and
b: measures that prevent or limit public access, with or without vehicles, to any road or other public place near the building; and
c: measures intended to prevent the building or debris from the building harming people (for example, by the collapse of a roof or wall); and
d: measures that allow limited access for a purpose that the responsible person considers appropriate.
3: If measures have been in place for more than 3 months,—
a: the owner of the building is liable for the costs of continuing to take the measures after that period; and
b: the responsible person may recover those costs from the owner; and
c: the amount recoverable becomes a charge on the land on which the building is situated.
4: A person who approaches or enters a building after intentionally bypassing a measure put in place under this section—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $50,000.
5: A person who intentionally damages, alters, removes, or otherwise interferes with a measure put in place under this section, or who incites another person to do so,—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $50,000.
6: Subsections (4) and (5) do not apply to a person exercising a power under section 133BV 133BW Section 133BS inserted 17 December 2019 section 12 Building Amendment Act 2019
133BT: Notices and signs on buildings
1: A responsible person may place 1 or more signs or notices on or near a building in a designated area prohibiting or restricting the use of the building if—
a: the responsible person believes that it is reasonably necessary to remove or reduce risks of injury or death; or
b: an evacuation of the building has been directed under section 133BR
2: A responsible person may place signs or notices on or near a building informing members of the public of the risks posed by the building.
3: A sign or notice under this section must—
a: be in writing and in the form (if any) approved by the chief executive; and
b: state—
i: the nature and extent of any damage to the building; and
ii: in the case of a sign or notice under subsection (1), whether, how, and to what extent the building can safely be used; and
c: be visible to people approaching the building.
4: A person must not—
a: intentionally occupy or use a building otherwise than in accordance with a sign or notice placed under subsection (1); or
b: permit another person to do so.
5: A person who contravenes subsection (4)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000.
6: A person who intentionally damages, alters, removes, or otherwise interferes with a sign or notice placed under this section, or who incites another person to do so,—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $50,000.
7: A person other than a responsible person who intentionally places a sign or notice that is substantially the same in appearance as a sign or notice that may be placed under this section—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $50,000.
8: It is not an offence against subsection (7) if a person intentionally places a sign or notice that—
a: prohibits the use of a building; or
b: restricts the use of a building, or informs members of the public of the risks posed by the building, in a way that is consistent with any sign or notice placed under this section.
9: Subsections (4) and (6) do not apply to a person exercising a power under section 133BV 133BW Section 133BT inserted 17 December 2019 section 12 Building Amendment Act 2019
133BU: Owner directed to give information
1: A responsible person may direct the owner of a building or of any land in a designated area to give the responsible person information about the building or land if the responsible person believes that the further information is reasonably necessary to enable the responsible person to determine—
a: the risks posed by the building and whether to exercise further powers under this subpart in relation to the building; or
b: what works, if any, are needed to remove or reduce the risks.
2: The direction must—
a: be in writing, in the form (if any) approved by the chief executive; and
b: describe the information required, which may include a full structural assessment, a detailed engineering assessment of observed damage, or other technical assessment; and
c: specify the time and date by which the information must be given (allowing a reasonable time for the conduct of any assessment required); and
d: specify to whom the information must be given.
3: An owner of a building or land who is given a direction under this section must comply with the direction at that owner’s expense.
4: On receiving information under this section, the responsible person may, in accordance with subsection (2), direct the owner of the building or land to give further information that the responsible person believes is reasonably necessary to comply with the first direction.
5: The owner of a building or land who is given a direction under this section may appeal to the District Court on the grounds that the direction is unreasonable.
6: The provisions of sections 209 to 211
a: subject to this section; and
b: as if, in those provisions,—
i: a reference to a determination were a reference to a direction under this section; and
ii: a reference to the chief executive were a reference to the responsible person who gave the direction; and
c: with any other necessary modifications.
7: An appeal under subsection (5)—
a: must be commenced within 10 working days after the appellant receives notice of the direction; and
b: is limited, in the relief that may be granted, to the reasonable costs of complying with the direction.
8: A person who intentionally fails to comply with a direction under this section—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $50,000. Section 133BU inserted 17 December 2019 section 12 Building Amendment Act 2019
133BV: Urgent works to remove or reduce risks
1: This section applies if a responsible person believes that works in relation to a building in a designated area—
a: are reasonably necessary to remove or reduce risks posed by the building; and
b: must be carried out without delay in order to remove or reduce those risks.
2: The responsible person may carry out those works.
3: The responsible person (if not the Minister) must obtain the approval of the Minister before carrying out works that involve the demolition of the whole or a part of a heritage building that is—
a: identified as Category 1 or wāhi tūpuna in the list referred to in paragraph (a)﻿(i) of the definition of heritage building in section 7
b: referred to in paragraph (a)﻿(ii) of that definition.
4: A responsible person who requests the approval of the Minister under subsection (3) must at the same time notify Heritage New Zealand Pouhere Taonga of the request.
5: The Minister must consult the Minister responsible for the administration of the Heritage New Zealand Pouhere Taonga Act 2014
a: giving an approval under subsection (3); or
b: carrying out the works under subsection (1) (if the Minister is the responsible person).
6: The responsible person (if not the Minister) must consult Heritage New Zealand Pouhere Taonga at least 24 hours before carrying out any other works in relation to a heritage building.
7: If works are carried out under this section,—
a: the owner of the building is liable for the costs of the works; and
b: the responsible person may recover those costs from the owner; and
c: the amount recoverable becomes a charge on the land on which the building is situated.
8: Section 130
a: as if the responsible person’s decision to carry out works under this section were a warrant issued under section 129(2)
b: as if a reference in section 129(2)
c: with any other necessary modifications.
9: A failure by the Minister or the responsible person to consult or notify in accordance with subsection (4), (5), or (6) does not invalidate the Minister’s approval or the responsible person’s decision to carry out works.
10: In this section, risk
a: persons, of injury or death; or
b: critical infrastructure, of damage or disruption to its operation or use. Example
A building that is not a heritage building has been damaged by an earthquake. The responsible person believes that, if works to prop and brace the walls of the building are not carried out without delay, the building might collapse and, because of the building’s location, cause death or injury. So this section applies and the responsible person may carry out the works. Section 133BV inserted 17 December 2019 section 12 Building Amendment Act 2019
133BW: Works to remove or reduce other risks
1: This section applies if—
a: a responsible person believes that works in relation to a building in a designated area are reasonably necessary to remove or reduce risks posed by the building; and
b: section 133BV(1)﻿(b)
c: there will be ongoing disruption of a public thoroughfare or of the use of another building or of critical infrastructure because the responsible person has—
i: put in place measures under section 133BS section 133BT
ii: decided that those measures, signs, or notices must remain in place until the works referred to in paragraph (a) are carried out.
2: The responsible person may—
a: carry out those works; or
b: direct the owner of the building to do so.
3: Before deciding to carry out works in relation to a building, or to direct that they be carried out, the responsible person must,—
a: at least 10 working days before deciding, seek and consider the views of the following persons if it is reasonably practicable to do so:
i: the owner of the building:
ii: the occupiers of the building:
iii: owners and occupiers of other buildings, and owners and operators of critical infrastructure, whose use is disrupted by the measures put in place under section 133BS section 133BT
iv: persons who have an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017
v: persons who have an interest in that land that is protected by a caveat lodged and in force under section 138
vi: Heritage New Zealand Pouhere Taonga, if the building is a heritage building:
vii: a statutory authority, if the building is classified or registered by that authority; and
b: consider alternative approaches to demolishing the building; and
c: without limiting section 133BN
4: A direction under subsection (2)﻿(b) must—
a: be in writing, in the form (if any) approved by the chief executive; and
b: be given to the owner of the building, if practicable; and
c: describe the intended outcome of the directed works; and
d: state why the works are required; and
e: specify when the works must be completed; and
f: state that, if the works are carried out without a building consent, in reliance on section 41(1)﻿(cb) section 42
g: state that resource consent under the Resource Management Act 1991 see section 133BY
5: The owner of a building must carry out works that are directed under subsection (2)﻿(b) at the owner’s expense.
6: If the owner does not carry out the works in accordance with the direction, the responsible person may do so.
7: If a responsible person carries out the works,—
a: the owner of the building is liable for the costs of the works; and
b: the responsible person may recover those costs from the owner; and
c: the amount recoverable becomes a charge on the land on which the building is situated.
8: A responsible person must not carry out works under this section after the day that is 6 months after the date on which the designation for the designated area comes into force.
9: The period under subsection (8) may be extended—
a: by—
i: the person who designated the area; or
ii: another person (if any) who can extend the designation of the area under section 133BH
b: by up to 3 months:
c: once only.
10: A person who intentionally fails to comply with a direction under subsection (2)﻿(b)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000. Example
A building that is not a heritage building has been damaged by an earthquake. The responsible person believes that works to prop and brace the walls of the building are necessary to remove or reduce the risk of the building collapsing but need not be carried out immediately. In the meantime, the responsible person prohibits entry to the building and also an adjacent building by exercising powers under section 133BS or 133BT. Until the works are completed, use of the 2 buildings will be disrupted. So this section applies and the responsible person may carry out the works or direct the building owner to do so. Section 133BW inserted 17 December 2019 section 12 Building Amendment Act 2019
133BX: Works for long-term use or occupation of building
1: This section applies if—
a: a responsible person believes that works in relation to a building are reasonably necessary to remove or reduce risks posed by the building; and
b: sections 133BV(1)﻿(b) 133BW(1)﻿(c)
c: the responsible person believes that the works are reasonably necessary to make the building safe, sanitary, and otherwise suitable to be used or occupied by people on a long-term basis.
2: The responsible person may direct the owner of the building to carry out those works.
3: A direction to carry out works must—
a: be in writing, in the form (if any) approved by the chief executive; and
b: be given to the owner of the building, if practicable; and
c: describe the intended outcome of the directed works; and
d: state why the works are required; and
e: specify when the works must be completed; and
f: state whether a building consent is required for the works.
4: An owner of a building must carry out works directed under this section at the owner’s expense.
5: If the owner does not carry out the works in accordance with the direction, the responsible person may do so.
6: If a responsible person carries out the works,—
a: the owner of the building is liable for the costs of the works; and
b: the responsible person may recover those costs from the owner; and
c: the amount recoverable becomes a charge on the land on which the building is situated.
7: If works directed for a simple-unit residential building are not carried out,—
a: the building may be used or occupied or continue to be used or occupied; but
b: the territorial authority that is responsible for the land on which the building is situated must include in a land information memorandum issued under section 44A
8: If the responsible person is not the territorial authority referred to in subsection (7)﻿(b), the person must notify that authority of the direction and the owner’s failure to carry out the directed works.
9: If works directed in relation to a commercial building or a multi-unit residential building are not carried out, the responsible person may continue to exercise powers under section 133BS 133BT
10: A person who intentionally fails to comply with a direction under this section—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000. Example
A building that is not a heritage building has been damaged by an earthquake. Urgent works are not required and re-entry to the building need not be prohibited. However, the responsible person believes that works on a damaged wall are necessary to make the building safe, sanitary, and otherwise suitable for long-term use or occupation. So this section applies and the responsible person may direct the building owner to carry out the works. Section 133BX inserted 17 December 2019 section 12 Building Amendment Act 2019
133BY: Resource consent not required for certain works
Resource consent under the Resource Management Act 1991 section 133BS 133BV 133BW Section 133BY inserted 17 December 2019 section 12 Building Amendment Act 2019 Other matters Heading inserted 17 December 2019 section 12 Building Amendment Act 2019
133BZ: Sharing of information
1: The Minister or a territorial authority may disclose relevant information to any person who is exercising powers under Part 4 5 5A 5B
2: In this section, relevant information
a: holds in relation to the performance of functions or duties or the exercise of powers under this subpart; and
b: considers may assist the proposed recipient of the information in the recipient’s performance of functions or duties or exercise of powers. Section 133BZ inserted 17 December 2019 section 12 Building Amendment Act 2019
133BZA: Application of subparts 6, 6A, and 7 in designated areas
1: If a building to which subpart 6
a: subpart 6 section 123B
b: this subpart applies to the building and prevails in the event of any inconsistency in the operation of the provisions of the 2 subparts.
2: If an earthquake-prone building ( see section 133AB
a: both subpart 6A
b: this subpart prevails in the event of any inconsistency in the operation of the provisions of the 2 subparts.
3: Despite subsection (2)﻿(a), a responsible person may bring forward—
a: a due date (including a due date that has been extended), for the provision of any assessment or information under subpart 6A section 133BU(1)
b: a deadline for completing seismic work under section 133AM
4: If a dangerous dam (within the meaning of section 153
a: sections 153 to 162 section 153AA
b: this subpart applies to the dam and prevails in the event of any inconsistency in the operation of this subpart and sections 153 to 162 Section 133BZA inserted 17 December 2019 section 12 Building Amendment Act 2019
7: Safety of dams
Dams to which provisions of this subpart apply Heading inserted 15 March 2008 section 28 Building Amendment Act 2008
133A: Dams to which subpart 7 provisions apply
1: Sections 133B 157 to 159
2: The other provisions in this subpart apply only to classifiable and referable dams. Section 133A inserted 15 March 2008 section 28 Building Amendment Act 2008 Section 133A(1) replaced 28 November 2013 section 37(1) Building Amendment Act 2013 Section 133A(2) replaced 28 November 2013 section 37(2) Building Amendment Act 2013
133B: Measurement of dams
For the purposes of this Act and any regulations made under it, the height of a dam is the vertical distance from the crest of the dam and must be measured,—
a: in the case of a dam across a stream, from the natural bed of the stream at the lowest downstream outside limit of the dam; and
b: in the case of a dam not across a stream, from the lowest elevation at the outside limit of the dam; and
c: in the case of a canal, from the invert of the canal. Section 133B inserted 28 November 2013 section 38 Building Amendment Act 2013 Notification of classifiable or referable dam Heading inserted 28 November 2013 section 38 Building Amendment Act 2013
133C: Obligation to notify regional authority of classifiable or referable dam and change of ownership
1: The owner of a classifiable or referable dam must notify the regional authority in whose region the dam is situated of the size and location of the dam.
2: The owner must notify the regional authority,—
a: in the case of a dam commissioned before the commencement of the regulations referred to in section 135(2)﻿(a)
b: in the case of a dam commissioned after the commencement of the regulations referred to in section 135(2)﻿(a)
3: If the ownership of a classifiable or referable dam that must be notified under subsection (1) changes, the transferring owner must notify the regional authority of the change of ownership within 3 months of the change. Section 133C inserted 28 November 2013 section 38 Building Amendment Act 2013 Classification of dams
134: When owner must classify dam
The owner of a dam must classify the dam in accordance with section 134B
a: the dam is a classifiable dam; or
b: the dam is a referable dam and the regional authority in whose region the dam is situated has required the owner to classify it. Section 134 replaced 28 November 2013 section 39 Building Amendment Act 2013
134A: Regional authority may require owner to classify referable dam
1: A regional authority may by written notice require the owner of a referable dam to classify it in accordance with section 134B
2: In subsection (1), designated area Section 134A inserted 28 November 2013 section 39 Building Amendment Act 2013
134B: Method of classification
1: The owner of a dam to whom section 134
2: In classifying a dam, the owner must—
a: apply the prescribed criteria and standards for dam safety; and
b: give the dam one of the following classifications:
i: low potential impact; or
ii: medium potential impact; or
iii: high potential impact; and
c: submit the classification of the dam to a recognised engineer for audit.
3: For the purposes of this section, the prescribed criteria and standards for dam safety may incorporate, in accordance with sections 405 to 413 Section 134B inserted 28 November 2013 section 39 Building Amendment Act 2013
134BA: Classification of dams that are canals
A dam that is a canal that must be classified under section 134B sections 134 to 139 Section 134BA inserted 28 November 2013 section 39 Building Amendment Act 2013
134C: Offence of failing to classify dam
A person to whom section 134 section 134B
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000. Section 134C replaced 8 June 2021 section 39 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
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: the classification given by the owner to the dam; and
b: 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
ii: states that the engineer is a recognised engineer; and
iii: has attached to it evidence that the engineer is a recognised engineer.
2: The owner must comply with subsection (1) no later than,—
a: if the dam is commissioned before the day on which regulations that prescribe criteria and standards for dam safety come into force, 3 months after those regulations come into force; or
b: if the dam is commissioned on or after the day on which regulations that prescribe criteria and standards for dam safety come into force, 3 months after the dam is commissioned. Section 135(2)﻿(a) replaced 17 December 2019 section 13 Building Amendment Act 2019 Section 135(2)﻿(b) replaced 17 December 2019 section 13 Building Amendment Act 2019
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) 150(2)﻿(f)
2: The notice must be—
a: in writing; and
b: given within 5 working days after the engineer forms the belief in question.
3: Nothing in subsection (1) 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 subsection (1) does not give rise to any civil liability in damages. Section 135A inserted 28 November 2013 section 40 Building Amendment Act 2013
136: Regional authority must decide whether to approve or refuse dam classification
1: A regional authority must, as soon as practicable after receiving a classification given by an owner to a dam under section 135
a: approves the classification; or
b: 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 referred to in section 135(1)﻿(b)
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 accredited dam owner for audit; and
ii: provide the regional authority with the certificate referred to in section 135(1)﻿(b)
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 regional authority under section 136
138: Regional authority must require re-audit of dam classification that it refuses to approve
1: 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
b: the owner must, within the time required by subsection (2), submit to the regional authority—
i: a re-audited classification; and
ii: a certificate from the recognised engineer that meets the requirements in section 135(1)﻿(b)
2: The time required is—
a: 15 working days after the date on which the regional authority refused to approve the classification; or
b: any later date that the regional authority in any particular case may allow.
3: Subsection (1) and section 136
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,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $60,000. Section 138(5) replaced 8 June 2021 section 40 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
139: Owner must review dam classification
1: An owner of a dam must review the dam's classification—
a: within 5 years after the regional authority approves, or is deemed to approve, the classification; and
b: 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,—
a: any building work that requires a building consent is carried out on the dam; and
b: 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 Dam safety assurance programmes
140: Requirement for dam safety assurance programme
1: This section applies to an owner of a dam that has been classified under section 134B section 139
a: a medium potential impact dam; or
b: a high potential impact dam.
2: An owner to whom this section applies must—
a: prepare, or arrange for the preparation of, a dam safety assurance programme for the dam; and
b: submit the dam safety assurance programme to a recognised 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 on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
5: To avoid doubt, a person may do both of the following in respect of the same dam if the person is a recognised engineer:
a: prepare the dam safety assurance programme for that dam; and
b: audit the dam safety assurance programme for that dam. Section 140(1) amended 28 November 2013 section 41 Building Amendment Act 2013 Section 140(4) replaced 8 June 2021 section 41 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
141: Content of dam safety assurance programme
A dam safety assurance programme must—
a: be in the prescribed form; and
b: meet the prescribed criteria and standards for dam safety.
142: Owner must provide dam safety assurance programme to regional authority
1: An owner of a dam to whom section 140
a: the owner's dam safety assurance programme; and
b: a certificate from an engineer that—
i: states that the dam safety assurance programme meets the prescribed criteria and standards for dam safety; and
ia: states that the dam safety assurance programme contains a full list of the dam's appurtenant structures as determined by the engineer; and
ii: states that the engineer is a recognised engineer; and
iii: has attached to it evidence that the engineer is a recognised engineer.
2: The owner must comply with subsection (1) no later than,—
a: if the dam has been classified as a high potential impact dam, 1 year after the date on which the regional authority approves, or is deemed to approve, that classification; or
b: if the dam has been classified as a medium potential impact dam, 2 years after the date on which the regional authority approves, or is deemed to approve, that classification. Section 142(1)﻿(b)﻿(ia) inserted 28 November 2013 section 42 Building Amendment Act 2013
143: Regional authority must decide whether to approve or refuse dam safety assurance programme
1: A regional authority must, as soon as practicable after receiving a dam safety assurance programme, give written notice to the relevant owner as to whether the regional authority—
a: approves the dam safety assurance programme; or
b: refuses to approve the dam safety assurance programme.
2: A regional authority may refuse to approve a dam safety assurance programme only if the regional authority is satisfied, on reasonable grounds, that the engineer who provided the certificate referred to in section 142(1)﻿(b)
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 programme for audit; and
ii: provide the regional authority with the certificate referred to in section 142(1)﻿(b)
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
1: If a regional authority refuses to approve a dam safety assurance programme,—
a: the regional authority must direct the owner of the dam concerned to have the dam safety assurance programme audited by a recognised engineer; and
b: the owner must, within the time required by subsection (2), submit to the regional authority—
i: a re-audited dam safety assurance programme; and
ii: a certificate from the recognised engineer that meets the requirements of section 142(1)﻿(b)
2: The time required is—
a: 15 working days after the date on which the regional authority refused to approve the dam safety assurance programme; or
b: any later date that the regional authority in any particular case may allow.
3: Subsection (1) and section 143
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,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000. Section 145(5) replaced 8 June 2021 section 42 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
146: Review of dam safety assurance programme
1: An owner of a dam to whom section 140
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
ii: after the first review, at intervals of not more than 5 years; and
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 regional authority approves, or is deemed to approve, the dam safety assurance programme; and
ii: after the first review, at intervals of not more than 7
2: The owner must also review the dam safety assurance programme—
a: if, at any time,—
i: building work that requires a building consent is carried out on the dam; and
ii: the building work results, or could result, in a change to the potential impact of the dam on persons, property, or the environment; or
b: when requested by the regional authority to do so, if the dam is an earthquake-prone dam or a flood-prone dam.
3: Sections 142 143 Section 146(1)﻿(b)﻿(ii) amended 28 November 2013 section 43 Building Amendment Act 2013 Section 146(2) replaced 15 March 2008 section 29 Building Amendment Act 2008
147: Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme
The requirements of sections 140 to 142
148: Obligations of owner in relation to dam safety assurance programme
An owner of a dam for which a dam safety assurance programme has been approved, or is deemed to have been approved, must ensure—
a: that the dam safety assurance programme is kept—
i: on the dam; or
ii: in another building in the region of the regional authority; or
iii: in some other place agreed on by the owner and the regional authority; and
b: that the dam safety assurance programme is available for inspection by—
i: the regional authority; or
ii: any person or organisation who or that has a right to inspect the dam under any Act. 1991 No 150 s 44(2), (3), (4)
148A: Dam safety assurance programme for dams that are canals
1: This section applies to a dam that is a canal and has different classifications for different sections of the canal in accordance with section 134B
2: If the whole canal is owned by a single owner, then for the purposes of sections 140 to 145 147 148 150 150A
3: If the whole canal is not owned by a single owner, then for the purposes of sections 140 to 145 147 148 150 150A
4: For the purposes of section 146 Section 148A inserted 28 November 2013 section 44 Building Amendment Act 2013
148B: Dam safety assurance programme for 2 or more dams forming single reservoir
1: This section applies if 2 or more dams owned by the same owner form a single reservoir.
2: For the purposes of sections 140 to 145 147 148 150 150A
3: For the purposes of section 146 Section 148B inserted 28 November 2013 section 44 Building Amendment Act 2013 Who is recognised engineer
149: Who is recognised engineer
1: A recognised engineer is an engineer who—
a: has no financial interest in the dam concerned; and
b: is registered under the Chartered Professional Engineers of New Zealand Act 2002
c: has—
i: the prescribed qualifications; and
ii: the prescribed competencies.
2: In subsection (1)﻿(a), financial interest
a: involvement in the construction of the dam as a fully paid engineer; or
b: entitlement to a fee for undertaking an audit; or
c: employment or engagement as an engineer by the owner of the dam concerned. Section 149(2)﻿(b) replaced 28 November 2013 section 45 Building Amendment Act 2013 Section 149(2)﻿(c) inserted 28 November 2013 section 45 Building Amendment Act 2013 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 programme has been approved, or is deemed to have been approved, must supply to the regional authority a dam compliance certificate in accordance with subsection (2).
2: The dam compliance certificate must—
a: be supplied on each anniversary of the approval, or deemed approval, of the dam safety assurance programme; and
b: state that, except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been fully complied with during the previous 12 months; and
c: be signed by,—
i: if the owner is an individual, that individual; or
ii: if the owner is a body corporate, the chief executive of that body corporate or, if there is no chief executive, a person with an equivalent position in the body corporate; and
d: be in the prescribed form; and
e: contain the prescribed information; and
f: have attached to it a certificate from an engineer that—
i: confirms that—
A: the engineer has reviewed the owner's reports and other documents relating to the procedures in the dam safety assurance programme that the owner has followed in the previous 12 months; and
B: except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been complied with during the previous 12 months; and
ii: states that the engineer is a recognised engineer; and
iii: has attached to it evidence that the engineer is a recognised engineer.
3: The owner must publicly display a copy of the dam compliance certificate in a prominent place on the dam.
4: A person commits an offence if the person knowingly—
a: fails to display a dam compliance certificate that is required to be displayed under this section; or
b: displays a false or misleading dam compliance certificate; or
c: displays a dam compliance certificate otherwise than in accordance with this section.
5: A person who commits an offence under subsection (4)﻿(a) or (c) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $60,000.
6: A person who commits an offence under subsection (4)﻿(b) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000. 1991 No 150 s 45(1), (2) Section 150(2)﻿(b) replaced 28 November 2013 section 46(1) Building Amendment Act 2013 Section 150(2)﻿(f)﻿(i)﻿(B) replaced 28 November 2013 section 46(2) Building Amendment Act 2013 Section 150(5) replaced 8 June 2021 section 43 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 150(6) inserted 8 June 2021 section 43 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
150A: Annual dam compliance certificate requirements not to apply to accredited dam owner
Section 150 Section 150A inserted 15 March 2008 section 30 Building Amendment Act 2008
151: Register of dams
Each regional authority must establish and maintain a register of dams in its district.
152: Information to be provided to chief executive
Each regional authority and each owner of a dam must provide information to the chief executive in accordance with the regulations. Dangerous dams
153: Meaning of dangerous dam
A dam is dangerous
a: is a high potential impact dam or a medium potential impact dam; and
b: is likely to fail—
i: in the ordinary course of events; or
ii: in a moderate earthquake (as defined in the regulations); or
iii: in a moderate flood (as defined in the regulations).
c: Section 153(b) replaced 15 March 2008 section 31(1) Building Amendment Act 2008 Section 153(c) repealed 15 March 2008 section 31(2) Building Amendment Act 2008
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
b: is likely to fail in an earthquake threshold event (as defined in the regulations).
2: A dam is a flood-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
b: is likely to fail in a flood threshold event (as defined in the regulations). Section 153A inserted 15 March 2008 section 32 Building Amendment Act 2008
153AA: Buildings in areas designated under subpart 6B
If a building located in an area that has been designated under subpart 6B sections 153 to 162
a: an action taken in relation to the dam under section 154(1)﻿(a) or (b)
b: a notice given in relation to the dam under section 154(1)﻿(c) section 156
c: an action taken in relation to the dam under a warrant issued under section 157 Section 153AA inserted 17 December 2019 section 14 Building Amendment Act 2019
153B: Owner must notify regional authority of dangerous dam
The owner of a dam who has reasonable grounds for believing that the dam is, or has become, dangerous must immediately notify the regional authority in whose region the dam is situated. Section 153B inserted 28 November 2013 section 47 Building Amendment Act 2013
154: Powers of regional authorities in respect of dangerous dams
1: 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 approaching the dam nearer than is safe:
b: attach in a prominent place on, or adjacent to, the dam a notice that warns people not to approach the dam:
c: 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
2:
3: A person commits an offence if the person fails to comply with a notice given under subsection (1)﻿(c).
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $300,000:
b: in the case of a body corporate, to a fine not exceeding $1,500,000. Section 154(2) repealed 1 July 2017 section 25 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 154(4) replaced 8 June 2021 section 44 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
155: Requirements for notice given under section 154
1: A notice given under section 154(1)﻿(c)
a: be fixed to the dam concerned; and
b: state whether the owner of the dam must obtain a building consent in order to carry out the work required by the notice.
2: A copy of the notice must be given to—
a: the owner of the dam; and
b: an occupier of the dam; and
c: every person who has an interest in the land on which the dam is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017
d: every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138
e: every statutory authority that has exercised a statutory power to classify or register, for any purpose, the dam or the land on which the dam is situated; and
f: Heritage New Zealand Pouhere Taonga
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). Section 155(2)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 155(2)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 155(2)﻿(e) replaced 1 July 2017 section 26 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 155(2)﻿(f) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
156: Regional authority may carry out work
1: A regional authority may apply to the District Court section 154(1)﻿(c)
a: the time stated in the notice; or
b: any further time that the regional authority may allow.
2: Before the regional authority applies to the District Court
3: If a regional authority carries out building work under the authority of an order made under subsection (1),—
a: the owner of the dam is liable for the costs of the work; and
b: the regional authority may recover those costs from the owner; and
c: the amount recoverable by the regional authority becomes a charge on the land on which the dam is situated. Section 156(1) amended 1 March 2017 section 261 District Court Act 2016 Section 156(2) amended 1 March 2017 section 261 District Court Act 2016
157: Measures to avoid immediate danger
1: This section applies if, because of the state of a dam, immediate danger to the safety of persons, property, or the environment is likely.
2: 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.
3: If the regional authority takes action under subsection (2),—
a: the owner of the dam is liable for the costs of the action; and
b: the regional authority may recover those costs from the owner; and
c: the amount recoverable by the regional authority becomes a charge on the land on which the dam is situated.
4: 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). 1991 No 150 s 70(1), (2), (4)
158: Regional authority must apply to District Court for confirmation of warrant
1: If the chief executive of a regional authority issues a warrant under section 157(2) the District Court
2: On hearing the application, the District Court may—
a: confirm the warrant without modification; or
b: confirm the warrant subject to modification; or
c: set the warrant aside.
3: 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
ii: confirmation of the warrant by the District Court
b: the owner pays the costs referred to in section 157(3)﻿(a) 1991 No 150 s 70(3) Section 158(1) amended 1 March 2017 section 261 District Court Act 2016 Section 158(3)﻿(a)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016
159: Building work includes decommissioning and demolition of dam
Any work required or authorised to be carried out under section 154(1)﻿(c) section 157
160: Power of regional authority not limited
The provisions of sections 154 to 159 section 157 Policy on dangerous dams
161: Regional authority must adopt policy on dangerous dams
, earthquake-prone dams, and flood-prone dams
1: A regional authority must, within 18 months after the commencement of this Part, adopt a policy on dangerous dams , earthquake-prone dams, and flood-prone dams within its region
2: The policy must state—
a: the approach that the regional authority will take in performing its functions under this Part; and
b: the regional authority's priorities in performing those functions; and
c: how the policy will apply to heritage dams. Section 161 heading amended 15 March 2008 section 33(1) Building Amendment Act 2008 Section 161(1) amended 15 March 2008 section 33(2) Building Amendment Act 2008
162: Adoption and review of policy
1: A policy under section 161 section 83
2: A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.
3: A regional authority must, as soon as practicable after adopting or amending a policy, provide a copy of the policy to the chief executive.
4: A regional authority must complete a review of a policy within 5 years after the policy is adopted and then at intervals of not more than 5 years.
5: A policy does not cease to have effect because it is due for review or being reviewed.
7A: Special provisions for residential pools
Subpart 7A inserted 1 January 2017 section 10 Building (Pools) Amendment Act 2016
162A: Purpose
The purpose of this subpart is to prevent drowning of, and injury to, young children by restricting unsupervised access to residential pools by children under 5 years of age. Section 162A inserted 1 January 2017 section 10 Building (Pools) Amendment Act 2016
162B: Application of subpart
This subpart applies to pools with a maximum depth of water of 400 mm or more. Section 162B inserted 1 January 2017 section 10 Building (Pools) Amendment Act 2016
162C: Residential pools must have means of restricting access
1: Every residential pool that is filled or partly filled with water must have physical barriers that restrict access to the pool by unsupervised children under 5 years of age.
2: The means of restricting access referred to in subsection (1) must comply with the requirements of the building code—
a: that are in force; or
b: that were in force when the pool was constructed, erected, or installed (after 1 September 1987) and in respect of which a building consent, code compliance certificate, or certificate of acceptance was issued (in relation to the means of restricting access to the pool).
3: In the case of a small heated pool, the means of restricting access referred to in subsection (1) need only restrict access to the pool when the pool is not in use.
4: The following persons must ensure compliance with this section:
a: the owner of the pool:
b: the pool operator:
c: the owner of the land on which the pool is situated:
d: the occupier of the property in or on which the pool is situated:
e: if the pool is subject to a hire purchase agreement (as that term is defined in the Income Tax Act 2007
f: if the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 1987 No 178 s 8 Section 162C inserted 1 January 2017 section 10 Building (Pools) Amendment Act 2016
162D: Periodic inspections of residential pools
1: Every territorial authority must ensure that the following residential pools within its jurisdiction are inspected at least once every 3 years, within 6 months before or after the pool’s anniversary date, to determine whether the pool has barriers that comply with the requirements of section 162C
a: residential pools other than small heated pools:
b: small heated pools that have barriers that are not exempt, in terms of Schedule 1
2: A territorial authority may accept a certificate of periodic inspection from an independently qualified pool inspector for the purpose of subsection (1) in lieu of carrying out an inspection under section 222
3: If a territorial authority decides not to accept a certificate of periodic inspection from an independently qualified pool inspector under subsection (2), the territorial authority must, within 7 working days of making that decision, give notice to the chief executive of the decision and the reasons for the decision.
4: If an independently qualified pool inspector inspects a pool for the purpose of this section and decides that the pool does not have barriers that comply with the requirements of section 162C section 67A 188
5: In this section,— anniversary date
a: the date of issue of the code compliance certificate or the certificate of acceptance in respect of the pool; or
b: in the case of a pool that did not require a building consent,—
i: the date on which notice was given under section 7
ii: if subparagraph (i) does not apply, the date on which the existence of the pool came to the knowledge of the territorial authority certificate of periodic inspection
a: is issued by an independently qualified pool inspector; and
b: is in the prescribed form (if any); and
c: certifies that a pool has barriers that comply with the requirements of section 162C section 67A 188 Section 162D inserted 1 January 2017 section 10 Building (Pools) Amendment Act 2016
162E: Manufacturers and retailers must supply notice
1: Every person who manufactures, sells, or offers for sale in New Zealand any new product that is designed to be used for swimming, wading, paddling, or bathing, other than an ordinary home bath, must ensure that there is supplied with the pool a notice approved by the chief executive setting out or summarising the responsibilities of owners, pool operators, and occupiers under section 162C(4)
2: The chief executive may, by notice in the Gazette
3: Every person who fails to comply with subsection (1) commits an offence.
4: An offence against subsection (3) is an infringement offence. Section 162E inserted 1 January 2017 section 10 Building (Pools) Amendment Act 2016
8: Notices to fix
163: Definitions for this subpart
In this subpart, unless the context otherwise requires,— responsible authority
a: a building consent authority; or
b: a territorial authority; or
c: a regional authority specified person
a: the owner of a building:
b: if a notice to fix relates to building work being carried out,—
i: the person carrying out the building work; or
ii: if applicable, any other person supervising the building work:
c: if a notice to fix relates to a residential pool, a person referred to in section 162C(4) Section 163 specified person replaced 1 January 2017 section 11 Building (Pools) Amendment Act 2016
164: Issue of notice to fix
1: This section applies if a responsible authority considers on reasonable grounds that—
a: a specified person is contravening or failing to comply with this Act or the regulations (for example, the requirement to obtain a building consent); or
b: a building warrant of fitness or dam warrant of fitness is not correct; or
c: the inspection, maintenance, or reporting procedures stated in a compliance schedule are not being, or have not been, properly complied with.
2: A responsible authority must issue to the specified person concerned a notice (a notice to fix
a: to remedy the contravention of, or to comply with, this Act or the regulations; or
b: to correct the warrant of fitness; or
c: 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 notice to fix, it must—
a: notify the other authority that it holds that view; and
b: give the other authority the reasons for that view.
4: The other responsible authority referred to in subsection (3) must issue the notice to fix if it considers that this section applies. 1991 No 150 s 42(1)
165: Form and content of notice to fix
1: The following provisions apply to a notice to fix:
a: it must be in the prescribed form:
b: it must state a reasonable timeframe within which it must be complied with:
c: 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 acceptance for the work:
d: if it requires building work to be carried out, it may require the making of an application for a building consent, or for an amendment to an existing building consent, for the work:
e: 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:
f: 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:
g: if it relates to a residential pool, it may direct that the pool be drained of water and be kept empty (until the requirements of section 162C
2: Nothing in subsection (1) limits or affects the generality of section 164 Section 165 replaced 14 April 2005 section 15(1) Building Amendment Act 2005 Section 165(1)﻿(f) replaced 15 March 2008 section 34 Building Amendment Act 2008 Section 165(1)﻿(g) inserted 1 January 2017 section 12 Building (Pools) Amendment Act 2016
166: Special provisions for notices to fix from building consent authority
1: If section 164
a: to building work required during the period in which a building consent is operative; or
b: in respect of building work for which a building consent should have been obtained; or
c: 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
2: A building consent authority that is not a territorial authority or a regional authority
a: the territorial authority
b: if the territorial authority has transferred, under section 233 1991 No 150 s 42(3) Section 166(1) amended 15 March 2008 section 35(1) Building Amendment Act 2008 Section 166(2) amended 15 March 2008 section 35(2) Building Amendment Act 2008 Section 166(2) amended 14 April 2005 section 3(6)﻿(b) Building Amendment Act 2005 Section 166(2)﻿(a) amended 14 April 2005 section 3(6)﻿(c) Building Amendment Act 2005
167: Inspection of building work under notice to fix
1: If a specified person to whom a notice to fix was issued is required 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 building 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 written notice to the specified person concerned, either—
a: confirm that the notice to fix has been complied with; or
b: refuse to confirm that the notice to fix has been complied with.
3: 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).
4: If the territorial authority or regional authority refuses, under subsection (2)﻿(b), to confirm that a notice to fix has been complied with, the territorial authority or regional authority must—
a: give the specified person concerned written notice of—
i: the refusal; and
ii: the reasons for the refusal; and
b: issue a further notice to fix in respect of the building work.
5: Section 164
168: Offence not to comply with notice to fix
1AA: A person commits an offence who fails to comply with a notice to fix a means of restricting access to a residential pool.
1AB: A person who commits an offence against subsection (1AA) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $60,000.
1: A person commits an offence if the person fails to comply with any other notice to fix under this Act
2: A person who commits an offence under subsection (1) on conviction Section 168(1AA) inserted 1 January 2017 section 13(1) Building (Pools) Amendment Act 2016 Section 168(1AB) replaced 8 June 2021 section 45 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 168(1) amended 1 January 2017 section 13(2) Building (Pools) Amendment Act 2016 Section 168(2) amended 1 January 2017 section 13(3) Building (Pools) Amendment Act 2016 Section 168(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
3: Regulatory responsibilities and accreditation
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 administration of this Act; and
b: review the Act as necessary. Section 168A inserted 13 March 2012 section 53 Building Amendment Act 2012
169: Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
1: The chief executive must monitor current and emerging trends in building design, building technologies, and other factors that may affect—
a: the building code acceptable solutions and verification methods
b: any warnings or bans under section 26(2)
c: any guidance information published by the chief executive under section 175
d: any other functions and duties of the chief executive under this Act.
2: The chief executive must, in each year, make a report to the Minister on the performance of his or her functions under subsection (1). Section 169(1)﻿(a) amended 28 November 2013 section 75(2) Building Amendment Act 2013 Section 169(1)﻿(b) replaced 7 September 2022 section 46 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
169A: Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)
The chief executive must monitor the application of subpart 6A Section 169A inserted 1 July 2017 section 27 Building (Earthquake-prone Buildings) Amendment Act 2016
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-engineering practice, Fire and Emergency New Zealand
b: in the case of disability issues, the chief executive of the department of State responsible for disability issues. 1991 No 150 s 12(2) Section 170(a) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
171: Chief executive may seek advice from building advisory panel
1: The chief executive may, at any time, seek advice from a building advisory panel appointed under section 172
a: current and emerging trends in building design, building technologies, and other factors that may affect—
i: the building code acceptable solutions and verification methods
ii: any warnings or bans under section 26(2)
iii: any guidance information published by the chief executive under section 175
b: whether this Act or the regulations are achieving their purpose:
c: building issues that are not covered by this Act, but which the panel considers should be dealt with by legislation:
d: any other matter that the chief executive considers appropriate for the panel to advise on.
2: The chief executive must consider, but is not bound by, any advice given by the panel. Section 171(1)﻿(a)﻿(i) amended 28 November 2013 section 75(3) Building Amendment Act 2013 Section 171(1)﻿(a)﻿(ii) replaced 7 September 2022 section 47 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
172: Appointment of building advisory panel
1: The chief executive must appoint a building advisory panel that—
a: consists of experts in the building sector; and
b: has the following members:
i: 1 person to convene and chair the panel:
ii: no less than 5 other members.
2: The chief executive must,—
a: before appointing a member, publicly notify a vacancy in a manner that enables suitably qualified individuals to apply for appointment; and
b: in appointing a member,—
i: take into account the need for members of the panel to have among them a breadth of experience and expertise, and knowledge of, or experience in, matters that come within the panel's function (including, without limitation, matters that relate to consumer, cultural, disability, energy efficiency, health and safety, heritage, or sustainable development issues); and
ii: 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
iii: consult, as the chief executive considers appropriate, persons who have an expertise or interest in matters that come within the panel's function.
3: The chief executive may, at any time, co-opt suitable persons onto the panel if doing so is necessary for the purposes of subsection (2)﻿(b)﻿(i) and (ii).
4: The terms on which a member of the panel is appointed are the terms set by the chief executive when appointing the member.
5: A member must not be appointed for a term that exceeds 3 years, but may be reappointed for 1 more term.
6: A member of the panel may resign by written notice to the chief executive.
7: The panel is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951
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 accordance with the Fees and Travelling Allowances Act 1951
173: Function of panel
1: The function of the panel is to provide independent and specialist advice to the chief executive on any of the matters referred to in section 171(1)
2: 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.
3: 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.
2: For the purposes of subsection (1), the chief executive must, without limitation, include information about—
a: who the members of the panel are; and
b: the number of times that the panel met; and
c: the fees and other expenses paid to members of the panel; and
d: a summary of the matters considered by the panel and whether the chief executive followed the advice of the panel on those matters.
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: territorial authorities:
ii: disciplinable entities (as defined in section 200
iii: owners:
iv: persons who carry out building work; and
b: any of the following persons to assist them in the performance of their functions and duties, and in the exercise of their powers (if any), in relation to dams:
i: regional authorities:
ii: owners of dams:
iii: licensed building practitioners ; and
c: owners of buildings and members of the public in relation to the application of subpart 6A or subpart 6B
2: Any information published by the chief executive under this section—
a: is only a guide; and
b: 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. Section 175(1)﻿(a)﻿(ii) replaced 7 September 2022 section 48 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 175(1)﻿(b)﻿(iii) amended 1 July 2017 section 28(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 175(1)﻿(c) inserted 1 July 2017 section 28(2) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 175(1)﻿(c) amended 17 December 2019 section 15 Building Amendment Act 2019
175A: Chief executive may provide dispute resolution services
The chief executive may, at his or her discretion, provide services to assist in the resolution of any dispute arising under a residential building contract (as defined in section 362B(1) Section 175A inserted 1 January 2015 section 48 Building Amendment Act 2013 Power of chief executive to make determinations
176: Meaning of party
In sections 177 to 190 party
a: the territorial authority:
b: the building consent authority:
c: the owner or, if there is more than 1 owner, any of the owners:
d: the licensed building practitioner concerned with the relevant building work:
da: any person to whom a notice to fix relating to the relevant building work has been issued under section 164
db: a responsible person (other than the Minister) under subpart 6B
e: if the matter for determination relates to—
i: a provision in the building code
ii: a dam, the regional authority:
f: 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: has a direct interest in the matter; and
ii: applies to the chief executive for a determination under section 177
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. 1991 No 150 s 16 Section 176(c) replaced 13 March 2012 section 54(1) Building Amendment Act 2012 Section 176(da) inserted 13 March 2012 section 54(2) Building Amendment Act 2012 Section 176(db) inserted 17 December 2019 section 16 Building Amendment Act 2019
177: Application for determination
1: A party may apply to the chief executive for a determination in relation to either or both of the following:
a: whether particular matters comply with the building code
b: the exercise, failure or refusal to exercise, or proposed or purported exercise by an authority in subsection (2), (3), (4), or (4A)
2: Subsection (1)﻿(b) applies to any power of decision of a building consent authority in respect of all or any of the following:
a: a building consent:
b: an extension under section 52(b)
c: an extension under section 93(2)﻿(b)﻿(ii)
d: a code compliance certificate:
e: a compliance schedule:
f: a notice to fix.
3: Subsection (1)﻿(b) applies to any power of decision of a territorial authority in respect of, or under, all or any of the following:
a: any waiver or modification of the building code section 67
b: a certificate of acceptance under section 96
c: an exemption from building consent requirements under clause 2
d: an amendment to a compliance schedule under section 106 107 109
e: a notice to fix:
f: sections 112 113 115 116 124 129 (which relate to dangerous, affected, and insanitary buildings)
fa: any power of decision of a territorial authority under subpart 6A section 133AS
g: a certificate for public use under section 363A
h: a certificate under section 224(f)
4: Subsection (1)﻿(b) applies to any power of decision under this Act of a regional authority in respect of a dam.
4A: Subsection (1)﻿(b) applies to any power of decision of a responsible person under—
a: section 133BS
b: section 133BT
c: section 133BW
d: section 133BX
5: Nothing in this section limits or affects section 70(4) 446(1)﻿(c)
6: In subsection (4A), responsible person
a: the Minister acting as responsible person under section 133BJ(2)﻿(c)﻿(i)
b: a territorial authority acting on direction by the Minister under section 133BJ(2)﻿(c)﻿(ii)
c: a territorial authority complying with a direction given by the Minister under section 133BJ(4) Section 177 replaced 7 July 2010 section 4 Building Amendment Act 2010 Section 177(1)﻿(b) amended 17 December 2019 section 17(1) Building Amendment Act 2019 Section 177(3)﻿(c) amended 30 May 2017 section 6 Regulatory Systems (Building and Housing) Amendment Act 2017 Section 177(3)﻿(f) amended 1 July 2017 section 29(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 177(3)﻿(fa) inserted 1 July 2017 section 29(2) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 177(4A) inserted 17 December 2019 section 17(2) Building Amendment Act 2019 Section 177(6) inserted 17 December 2019 section 17(3) Building Amendment Act 2019
178: Requirements for application for determination
1: An application for a determination must—
a: be made in writing; and
b: be given, in the prescribed form and manner (if any), to the chief executive; and
c: contain the prescribed information (if any); and
d: be accompanied by the prescribed fee (if any).
2: The applicant must give a copy of the application for a determination to every other party named in, or affected by, the application, either before or immediately after the application is given to the chief executive.
179: Chief executive may refuse application for determination
1: The chief executive may—
a: refuse an application for a determination; and
b: 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 opinion,—
a: the application is not genuine or is vexatious or frivolous; or
b: the applicant is not a party; or
c: the chief executive has made a determination, or is currently 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.
2: If the chief executive receives the notice, the chief executive—
a: must notify the parties in relation to the application about the withdrawal of the application; and
b: may apportion costs under section 190
c: must do no more in relation to the application.
181: Chief executive may make determination on own initiative
1: The chief executive may, if he or she considers it necessary 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: on his or her own initiative; and
b: without an application for a determination being made 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 exercised (as the case may be); and
b: must,—
i: in a case where a direction is given after the decision 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
ii: in a case where a direction is given before the decision is made, or the power is exercised, determine the matter in his or her determination.
3: The chief executive must, as soon as practicable after giving a direction under subsection (1),—
a: send a copy of the direction to every party in relation to the matter to which it relates; and
b: publicly notify the direction. Section 181(2)﻿(a) replaced 1 July 2017 section 30 Building (Earthquake-prone Buildings) Amendment Act 2016
182: No proceedings until determination made
1: A person may not commence proceedings in the District Court
2: However, a person may commence those proceedings if that person, or any other person, has already applied for a determination of the matter and the chief executive has—
a: made a determination on the application; or
b: refused to make a determination.
3: This section—
a: does not affect injunctive proceedings; and
b: is subject to section 381 1991 No 150 s 17(3) Section 182(1) amended 1 March 2017 section 261 District Court Act 2016
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
2: However, the following decisions are not suspended until the determination is made:
a: a requirement in a notice to fix issued under section 164
b: any decision under section 133BS 133BT 1991 No 150 s 17(4) Section 183(2) replaced 17 December 2019 section 18 Building Amendment Act 2019
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 determination,—
a: decide whether or not to make the determination; and
b: 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 this section
a: make the determination; and
b: give a copy of the determination to the parties concerned.
2: The time required is—
a: 60 working days after the date on which the chief executive receives the application; or
b: any further time that the chief executive and the parties may agree.
2A: Despite subsection (2), if an application for a determination relating to any power of decision of a responsible person under section 133BS 133BT 133BW 133BX section 133BC
a: 15 working days after the date on which the chief executive receives the application, unless paragraph (b) applies; or
b: the time required under subsection (2), if the chief executive considers that further time is necessary because the subject-matter of the decision in relation to which the determination is to be made—
i: is complex; or
ii: is relevant to other buildings in the designated area.
2B: The chief executive must, before the expiry of the period in subsection (2A)﻿(a),—
a: decide whether subsection (2A)﻿(b) applies; and
b: if the chief executive decides that it does apply, notify the applicant for the determination of—
i: the time required under subsection (2); and
ii: the reasons for the chief executive’s decision.
2C: The period specified in subsection (2)﻿(a) or (2A)﻿(a) does not begin until the application for the determination has complied with the requirements of section 178
3: If the chief executive requires a party to provide documents under section 186(3)﻿(a) or (2A)﻿(a)
a: starts on the day on which the chief executive makes that requirement; and
b: ends on the earlier of—
i: the day on which the party complies with that requirement; or
ii: the date specified by the chief executive as the date by which the party must provide those documents. Section 185(1) amended 17 December 2019 section 19(1) Building Amendment Act 2019 Section 185(2A) inserted 17 December 2019 section 19(2) Building Amendment Act 2019 Section 185(2B) inserted 17 December 2019 section 19(2) Building Amendment Act 2019 Section 185(2C) inserted 17 December 2019 section 19(2) Building Amendment Act 2019 Section 185(3) amended 17 December 2019 section 19(3) Building Amendment Act 2019
186: Procedure for determination
1: In making a determination, the chief executive must—
a: avoid unnecessary delay and formality; and
b: recognise tikanga Māori, and receive evidence, written or spoken, in Māori; and
c: receive any relevant evidence, whether or not it would be admissible in a court of law; and
d: comply with the principles of natural justice.
2: The chief executive may consider related applications together.
3: The chief executive—
a: may require the applicant or another party to provide documents relating to the application within any reasonable 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
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 requirement 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 without 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 executive. 1991 No 150 ss 17(2), 19(1)
187: Chief executive may engage persons to assist with determination
1: The chief executive may engage a suitable person to assist the chief executive in relation to—
a: any application for a determination; and
b: matters to which a direction under section 181
2: The person may do anything the chief executive may do under sections 177 179 180 183 to 186 188 to 190
3: The chief executive may, in making a determination, rely on a report from the person.
4: The failure of the person to perform his or her functions does not prevent the chief executive from making a determination. 1991 No 150 s 21
188: Determination by chief executive
1: A determination by the chief executive must—
a: confirm, reverse, or modify the decision or exercise of a power to which it relates; or
b: 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
aa: waivers or modifications of section 162C(1) or (2)
b: conditions that a territorial authority or regional authority, as the case may be, is able to grant or impose.
3A: The chief executive must only grant a waiver or modification of section 162C(1) or (2)
4: Subsection (1) is subject to section 181(2)﻿(b) 1991 No 150 s 20 Section 188(3)﻿(aa) inserted 1 January 2017 section 14(1) Building (Pools) Amendment Act 2016 Section 188(3A) inserted 1 January 2017 section 14(2) Building (Pools) Amendment Act 2016
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
b: the clarification is either—
i: not material to any person affected by the determination; or
ii: agreed to by the parties to the determination; and
c: no appeal against the determination is pending.
190: Parties' costs
1: The parties in relation to an application for a determination bear their own costs.
2: However, the chief executive may, by written direction to the applicant or another party, require that person to meet some or all of the other party's costs in respect of the determination or application if, in the chief executive's opinion, the party has contributed unreasonably to costs or delays.
3: A party in whose favour a direction under subsection (2) is given may enforce that direction by filing it in the prescribed form (if any) in the 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. Section 190(3) amended 1 March 2017 section 261 District Court Act 2016 Power of chief executive to register persons as building consent authorities Heading amended 15 March 2008 section 37 Building Amendment Act 2008
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 section 273(1)﻿(a) Section 191 replaced 14 April 2005 section 16(1) Building Amendment Act 2005
192: Criteria for registration
1: Before entering a person's name in the register of building consent authorities
a: the person holds a current accreditation from a building consent accreditation body appointed under section 248
b: the person meets the prescribed criteria and standards for registration; and
c: in the case of a person who wishes to be registered as a building consent authority but who is not a territorial authority or a regional authority
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
b: holds an insurance policy under a scheme of insurance approved by regulations made under section 402
c: has put in place any arrangements that provide for effective consumer protection (for example, by giving a bond or having a guarantor). Section 192(1) amended 14 April 2005 section 16(2)﻿(c) Building Amendment Act 2005 Section 192(1)﻿(c) amended 14 April 2005 section 3(5) Building Amendment Act 2005
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 Part 2
2: However, a person whose name is entered in the register of building consent authorities but who is not a territorial authority or a regional authority Section 193(1) amended 14 April 2005 section 16(2)﻿(d) Building Amendment Act 2005 Section 193(2) amended 14 April 2005 section 3(5) Building Amendment Act 2005
194: Application for registration
An application for registration under section 191
a: be made in writing to the chief executive; and
b: be given in the prescribed manner (if any); and
c: contain the prescribed information (if any); and
d: be accompanied by the prescribed fee (if any).
195: Chief executive must decide application for registration
The chief executive must, as soon as practicable after receiving an application for registration that complies with section 194
a: decide whether to register the applicant; and
b: give the applicant written notice of his or her decision; and
c: if the chief executive decides to refuse the application, state the reasons for the refusal in the notice given under paragraph (b).
196: Registration continuous so long as person meets criteria for registration
1: 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 consent authorities section 192
2: A building consent authority that continues to meet those criteria is entitled to the continuation of its section 203C Section 196(1) amended 14 April 2005 section 16(2)﻿(e) Building Amendment Act 2005 Section 196(2) amended 7 September 2022 section 49 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 196(2) amended 14 April 2005 section 16(2)﻿(f) Building Amendment Act 2005
197: Consequences of failure to meet criteria for registration
1: Subsection (2) or subsection (3) applies if, after making an assessment under section 196 building consent authority
2: In the case of a building consent authority that is not a territorial authority or a regional authority
a: the chief executive must—
i: suspend the authority's authority authority
ii: record the suspension in the register of building consent authorities
b: if the authority
i: revoke the authority's
ii: remove the authority's register of building consent authorities
3: In the case of a territorial authority or a regional authority, the chief executive must 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.
4: If subsection (3) applies, sections 277 to 281 Section 197(1) amended 14 April 2005 section 16(2)﻿(g) Building Amendment Act 2005 Section 197(2) amended 14 April 2005 section 3(5) Building Amendment Act 2005 Section 197(2)﻿(a)﻿(i) amended 14 April 2005 section 16(2)﻿(j) Building Amendment Act 2005 Section 197(2)﻿(a)﻿(i) amended 14 April 2005 section 16(2)﻿(k) Building Amendment Act 2005 Section 197(2)﻿(a)﻿(ii) amended 14 April 2005 section 16(2)﻿(c) Building Amendment Act 2005 Section 197(2)﻿(b) amended 14 April 2005 section 16(2)﻿(k) Building Amendment Act 2005 Section 197(2)﻿(b)﻿(i) amended 14 April 2005 section 16(2)﻿(j) Building Amendment Act 2005 Section 197(2)﻿(b)﻿(ii) amended 14 April 2005 section 16(2)﻿(c) Building Amendment Act 2005 Section 197(2)﻿(b)﻿(ii) amended 14 April 2005 section 16(2)﻿(j) Building Amendment Act 2005
198: Effect of suspension
1: A building consent authority Part 2 authority's section 197(2)
2: At the end of the period of suspension, the authority's authority's
3: Despite subsection (1), the chief executive may authorise a building consent authority the authority
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 15 March 2008 section 38(1) Building Amendment Act 2008 Section 198(1) amended 14 April 2005 section 16(2)﻿(j) Building Amendment Act 2005 Section 198(2) amended 14 April 2005 section 16(2)﻿(j) Building Amendment Act 2005 Section 198(3) amended 15 March 2008 section 38(2)﻿(a) Building Amendment Act 2008 Section 198(3) amended 15 March 2008 section 38(2)﻿(b) Building Amendment Act 2008
199: Offence to perform functions of building consent authority if not authorised
1: A person who is not a building consent authority must not perform any of the functions of a building consent authority under this Act.
2: A person who is a building consent authority but not a territorial authority or regional authority must not perform any of the functions of a building consent authority under this Act that are not within the person’s scope of accreditation.
3: A person who fails to comply with subsection (1) or (2)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000. Section 199 replaced 8 June 2021 section 50 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Disciplinary powers in relation to complaints Heading inserted 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
200: Interpretation
1: In sections 200 to 203C complaint section 202 complainant disciplinable entity
a: a building consent authority:
b: a registered PCB:
c: a registered MCMCB grounds for disciplinary action section 201 respondent
a: if a complaint is made under section 202
b: if an investigation is commenced under section 203A
2: In sections 200 to 203C registered PCB registered MCMCB
a: a person who has been registered as a product certification body or modular component manufacturer certification body but whose registration is suspended; and
b: a person who was, at the time of the conduct in question, a registered PCB or registered MCMCB. Section 200 replaced 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
201: Grounds for disciplinary action
There are grounds for disciplinary action
a: it has failed, or is failing, without good reason to properly perform its functions under this Act; or
b: it has been, or is, negligent in performing those functions; or
c: in the case of a registered PCB, it has failed to comply with any product certification scheme rules; or
d: in the case of a registered MCMCB, it has failed to comply with any MCM scheme rules. Section 201 replaced 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
202: Complaints may be made to chief executive
1: A person who believes that there are grounds for disciplinary action against a disciplinable entity may lodge a complaint with the chief executive.
2: A complaint must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any). Section 202 replaced 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
203: Acceptance of complaints
1: As soon as practicable after receiving a complaint, the chief executive must—
a: notify the respondent that the complaint has been made; and
b: decide whether to accept the complaint.
2: The chief executive must accept the complaint if the chief executive has reason to believe that there may be grounds for disciplinary action against the respondent.
3: The chief executive may decline to accept the complaint if the chief executive—
a: is satisfied that it is vexatious or frivolous; or
b: otherwise does not believe there may be grounds for disciplinary action.
4: In considering whether to accept the complaint,—
a: the chief executive may, but is not required to, seek information or hear from the respondent; and
b: the respondent may provide information or submissions if requested by the chief executive.
5: If the complaint is accepted, the chief executive must, as soon as practicable,—
a: notify the complainant and respondent of that decision; and
b: commence investigating the complaint.
6: The notice must—
a: state that the chief executive has reason to believe that there may be grounds for disciplinary action; and
b: set out those grounds; and
c: give the respondent a reasonable opportunity to make written submissions on the matter as part of the investigation.
7: If the complaint is not accepted, the chief executive must immediately notify the complainant and respondent of that decision and the reasons for it. Section 203 replaced 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
203A: Chief executive may initiate investigation
1: If the chief executive believes on reasonable grounds that there may be grounds for disciplinary action against a disciplinable entity, the chief executive may decide to investigate the matter without a complaint being made.
2: After deciding to investigate, the chief executive must, as soon as practicable,—
a: notify the respondent of that decision; and
b: commence investigating the matter.
3: The notice must—
a: state that the chief executive has reason to believe that there may be grounds for disciplinary action; and
b: set out those grounds; and
c: give the respondent a reasonable opportunity to make written submissions on the matter. Section 203A inserted 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
203B: Investigation
1: This section applies to an investigation commenced under section 203(5)﻿(b) 203A(2)﻿(b)
2: In conducting the investigation, the chief executive—
a: must consider the submissions (if any) made by the respondent in accordance with the notice under section 203(6) 203A(3)
b: may otherwise conduct the investigation as the chief executive considers appropriate.
3: After conducting the investigation, if the chief executive is satisfied that there are grounds for disciplinary action against the respondent, the chief executive may take action under section 203C
4: The chief executive must notify the complainant (if any) and respondent of—
a: the outcome of the investigation; and
b: the disciplinary action (if any) being taken (if action is taken under section 203C(1)﻿(f) see also section 272B(3) Section 203B inserted 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
203C: Disciplinary powers of chief executive
1: If satisfied that there are grounds for disciplinary action, the chief executive may do 1 or more of the following:
a: issue a warning to the respondent:
b: require the respondent to take specified remedial action:
c: impose limits on the functions that the respondent may perform under this Act:
d: if the respondent is a building consent authority that is 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 respondent in relation to any or all of its functions under this Act:
e: if paragraph (d) does not apply, suspend or revoke the respondent’s registration:
f: if the ground for the disciplinary action is that set out in section 201(c)
i: under section 267C(2)﻿(b)
ii: under section 272B(2)﻿(a)
g: if the ground for the disciplinary action is that set out in section 201(d)
i: under section 272P(2)﻿(b)
ii: under section 272ZA(2)﻿(b)
2: A requirement imposed under subsection (1)﻿(b) may include any of the following:
a: time limits for the taking of the remedial action:
b: any conditions the chief executive thinks fit:
c: requirements for the respondent to report to the chief executive on the progress of the remedial action.
3: If the chief executive acts under subsection (1)﻿(d), sections 277 to 281
4: If the chief executive acts under subsection (1)﻿(e) or (f), the chief executive must update the relevant register kept under section 273 Section 203C inserted 7 September 2022 section 51 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Enforcement Heading amended 7 September 2022 section 52 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
204: Special powers of chief executive for monitoring performance of functions under this Act
1: The purpose of this section is to enable the chief executive to—
a: monitor the performance of functions under this Act by any of the following:
i: a territorial authority:
ii: a regional authority:
iii: a disciplinable entity (as defined in section 200
aa: exercise the chief executive’s powers under sections 200 to 203C
ab:
b: carry out the review of territorial authorities under section 276
c: assist the Minister in determining whether to exercise the Minister's power under section 277
2: For the purpose of this section, the chief executive—
a: must have full access at all reasonable times to—
i: all relevant information that is in the possession or control of a territorial authority, regional authority, or disciplinable entity
ii: any place where that information is kept:
b: may require a territorial authority, regional authority, or disciplinable entity
i: supply any relevant information:
ii: answer any question that relates to the performance of functions under this Act:
iii:
c: may, by written notice, require any person having possession or control of any relevant information to supply to the chief executive, in a manner and within a reasonable time specified in the notice, all or any of the information:
d: may enter and re-enter any land or building, with any appliances, machinery, and equipment that are reasonably necessary, to—
i: carry out any surveys, inspections, investigations, reviews, tests, and measurements that are reasonably necessary for the purposes of this section; and
ii: generally do any other things that are reasonably necessary to enable the surveys, inspections, investigations, reviews, tests, and measurements to be carried out.
3: Subsection (2) does not—
a: limit any Act that imposes a prohibition or restriction on the availability of any information; or
b: 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 1991 No 150 s 79(1), (2) Section 204(1)﻿(a) replaced 7 September 2022 section 53(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 204(1)﻿(aa) replaced 7 September 2022 section 53(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 204(1)﻿(ab) repealed 7 September 2022 section 53(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 204(2)﻿(a)﻿(i) amended 7 September 2022 section 53(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 204(2)﻿(b) replaced 28 November 2013 section 52(2) Building Amendment Act 2013 Section 204(2)﻿(b) amended 7 September 2022 section 53(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 204(2)﻿(b)﻿(iii) repealed 7 September 2022 section 53(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 204(2)﻿(c) replaced 28 November 2013 section 52(2) Building Amendment Act 2013 Section 204(2)﻿(d) replaced 28 November 2013 section 52(2) Building Amendment Act 2013 Section 204(4) replaced 7 September 2022 section 53(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
205: Limits on power to enter land or building
The power to enter land or buildings under section 204(2)
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
b: entry may be made only at reasonable times. 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: a reference to this section; and
b: the full name of the person; and
c: a statement of the powers conferred by section 204
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.
3: A person commits an offence if the person—
a: fails to comply with subsection (2); or
b: impersonates or falsely pretends to be a person named in a warrant supplied under this section.
4: A person who commits an offence under subsection (3)﻿(a) is liable on conviction to a fine not exceeding $5,000.
5: A person who commits an offence under subsection (3)﻿(b) is liable on conviction to a fine not exceeding $50,000. 1991 No 150 s 79(4), (6) Section 206(1)﻿(c) amended 8 June 2021 section 54(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 206(4) replaced 8 June 2021 section 54(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 206(5) inserted 8 June 2021 section 54(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
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, surrender the warrant to the chief executive; and
b: must not purport to act under a warrant after the termination of his or her authority to act on behalf of the chief executive. 1991 No 150 s 79(5) Power to require information and documents Heading inserted 7 September 2022 section 55 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
207A: Power to require information or documents
1: The chief executive may require any person to provide any information or document that the chief executive reasonably considers it is necessary or desirable to obtain for any of the following purposes:
a: taking enforcement action referred to in section 11(m)
b: exercising the chief executive’s powers under section 26
2: The chief executive must give written notice to the person that specifies—
a: the information or document that must be provided; and
b: how the information or document must be provided; and
c: a reasonable deadline by which the information or document must be provided.
3: The person must provide the information or document as required by the notice.
4: The chief executive may copy or retain any information or document provided. Section 207A replaced 7 September 2022 section 55 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
207B: Offence to fail to provide information or documents
A person who fails to provide any information or document as required by section 207A
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $20,000; or
ii: in the case of a body corporate, to a fine not exceeding $60,000. Section 207B replaced 7 September 2022 section 55 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
207BA: Sharing of information
1: The chief executive may provide relevant evidence to a regulatory body if the chief executive reasonably considers that the evidence is reasonably required by the regulatory body in the exercise of its powers or performance of its functions.
2: As soon as practicable after doing so, the chief executive must give written notice to—
a: any person to whom the evidence relates; and
b: if it was obtained under section 207A
3: The notice must—
a: describe what has been provided; and
b: specify which regulatory body it has been provided to; and
c: explain why it has been provided.
4: However, the chief executive need not give a notice if the chief executive reasonably considers that it would prejudice the exercise or performance by the regulatory body of its powers or functions.
5: In this section,— regulatory body
a: the chief executive or Ministry exercising powers or performing functions under another Act:
b: another person or body exercising powers or performing functions under this Act:
c: any other person or body established by or under an enactment exercising powers or performing functions in relation to building products, building methods, building designs, or building work relevant evidence section 207A Section 207BA inserted 7 September 2022 section 55 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Powers of entry and inspection for subparts 7 and 7A of Part 3 and Parts 4A and 4B Heading inserted 7 September 2022 section 55 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
207BB: Powers of entry and inspection
1: The chief executive may exercise a power under this section for 1 or more of the following purposes ( investigative purposes
a: determining whether a relevant provision has been, or is being, complied with:
b: determining whether there are grounds for taking enforcement action to enforce a duty or an obligation under a relevant provision and deciding whether to do so.
2: For investigative purposes, the chief executive may—
a: inspect any of the following:
i: a place at which building work is, or is proposed to be, carried out:
ii: building work that has been, or is being, carried out:
iii: any building or building product; and
b: enter any premises for the purpose of carrying out an inspection under paragraph (a).
3: However, if the premises is a household unit or marae, see section 207BC
4: As soon as practicable after entering premises under this section, the chief executive must give written notice to the owners and occupiers of the premises of the exercise of that power.
5: A person who enters premises under this section must, when first entering the premises and on request at any other time, show the following to any occupier of the premises:
a: evidence of the person’s identity:
b: the chief executive’s written authorisation to enter the site:
c: if the premises is a household unit or marae, the warrant to enter the premises (if required).
6: In this section, relevant provision
a: subpart 7
b: subpart 7A
c: Part 4B Section 207BB inserted 7 September 2022 section 55 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
207BC: Power to enter household unit or marae
1: Despite section 207BB(2)﻿(b)
a: with the consent of an occupier who is at least 14 years of age; or
b: in accordance with a warrant issued under this section. Entry with consent
2: The chief executive must not enter with the occupier’s consent unless the chief executive has—
a: told the occupier the reason for the proposed entry; and
b: told the occupier that they may consent, or refuse to consent, to the entry.
3: The chief executive may enter the household unit or marae, and exercise the other powers under section 207BB Entry under warrant
4: An issuing officer (as defined in section 3(1)
5: The chief executive must apply for the warrant in the manner provided in subpart 3
6: The warrant authorises the chief executive to enter the household unit or marae and exercise the other powers under section 207BB Section 207BC inserted 7 September 2022 section 55 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Powers of chief executive to investigate building failures Heading inserted 17 December 2019 section 20 Building Amendment Act 2019
207C: Investigation of building failure
1: The chief executive may, on the chief executive’s own initiative, investigate a building failure if the chief executive reasonably considers that the following requirements are satisfied:
a: any part of the building has failed in any way, in that it has not performed as expected having regard to the enactments or other legal requirements that applied to the design and construction of the building; and
b: the failure resulted, or could have resulted, in a risk to any individual of serious injury or death.
2: The chief executive must investigate a building failure on the request of the Minister, but the Minister must not request an investigation unless the Minister reasonably considers that the requirements are satisfied.
3: The chief executive must, as soon as is reasonably practicable, give written notice to the building owner of the investigation of a building failure, but the notice need not be given before any powers of investigation are exercised.
4: A building failure may be investigated under this section more than once (for example, in 1 or more follow-up investigations after an earlier investigation ends). Section 207C inserted 17 December 2019 section 20 Building Amendment Act 2019
207D: Powers of investigation: purpose and investigation site
1: In investigating a building failure under section 207C sections 207G to 207M powers of investigation
2: The powers may be exercised only to investigate the circumstances and causes of the building failure for the purpose of—
a: learning from the building failure; and
b: informing decisions about the performance of functions and duties and the exercise of powers under this Act; and
c: informing decisions about any matters related to building to help prevent other building failures.
3: The powers may be exercised only in relation to the investigation site
a: all or part of the building; and
b: any of the following that the chief executive reasonably considers relevant to the building failure:
i: land under or around the building:
ii: any other building on that land. Section 207D inserted 17 December 2019 section 20 Building Amendment Act 2019
207E: Limits to powers of investigation
1: The chief executive may exercise a power of investigation only if—
a: it is reasonable in the circumstances to do so; and
b: for the exercise of a power that has specific requirements, those requirements are satisfied.
2: A power of investigation may be exercised for no longer than is reasonable, and only in a way that is reasonable, in the circumstances.
3: However, a power of investigation may be exercised even if it damages the investigation site.
4: The chief executive must ensure that the investigation of a building failure does not interfere with any activity whose purpose is to preserve the life of, or prevent injury to, an individual. Section 207E inserted 17 December 2019 section 20 Building Amendment Act 2019
207F: Assistance with investigation
1: The chief executive may engage any suitable person to exercise 1 or more powers of investigation to assist the chief executive in the investigation of a building failure.
2: The person may exercise a power of investigation—
a: in the same way as the chief executive; but
b: subject to any conditions imposed by the chief executive. Section 207F inserted 17 December 2019 section 20 Building Amendment Act 2019
207G: Power to secure investigation site
1: The chief executive may, or any other person must if required by the chief executive,—
a: restrict or prohibit access to all or part of the investigation site; and
b: secure all or part of the investigation site.
2: The chief executive must, as soon as is reasonably practicable, give written notice of the exercise of any powers under this section by—
a: displaying the notice at the investigation site; and
b: to the extent practicable, giving the notice to the owners and occupiers of the investigation site.
3: However, the notice need not be displayed or given before samples, or other evidence, are taken from the investigation site. Section 207G inserted 17 December 2019 section 20 Building Amendment Act 2019
207H: Power to enter investigation site
1: The chief executive may enter the investigation site, with or without equipment, if the chief executive reasonably considers that the investigation site contains evidence that may help determine the circumstances or causes of the building failure.
2: The chief executive must, as soon as is reasonably practicable, give written notice to the owners and occupiers of the investigation site of the exercise of the power of entry, but the notice need not be given before samples, or other evidence, are taken from the site.
3: Any person who enters the investigation site under the power of entry must, when first entering the site and on request at any other time, show the following to any occupier of the site:
a: evidence of the person’s identity:
b: the chief executive’s written authorisation to enter the site:
c: if applicable, the warrant to enter a household unit. Section 207H inserted 17 December 2019 section 20 Building Amendment Act 2019
207I: Power to enter household unit
1: Despite section 207H
a: with the consent of an occupier who is at least 14 years of age; or
b: in accordance with a warrant issued under this section. Entry with consent
2: The person must not enter with the occupier’s consent unless the person has—
a: told the occupier the reason for the proposed entry; and
b: told the occupier that the occupier may consent, or refuse to consent, to the entry.
3: The chief executive may enter the household unit, and exercise the other powers of investigation, only in accordance with the conditions of the occupier’s consent (if any). Entry under warrant
4: An issuing officer may, on application, issue a warrant to enter a household unit if the officer reasonably considers that the household unit contains evidence that may help determine the circumstances or causes of the building failure.
5: The chief executive must apply for the warrant in the manner provided in subpart 3
6: The warrant authorises the chief executive to enter the household unit and exercise the other powers of investigation. Section 207I inserted 17 December 2019 section 20 Building Amendment Act 2019
207J: Power to inspect and take samples and evidence
1: The chief executive may inspect, and take samples or other evidence from, the investigation site.
2: A sample or other evidence—
a: may be taken from the building, or the land or other buildings, comprising the investigation site; or
b: may be, or be taken from, any personal property at the investigation site, but only if the person taking it reasonably considers that the sample or evidence may help determine the circumstances or causes of the building failure.
3: The chief executive must, as soon as is reasonably practicable, give written notice to the affected owners and occupiers of the investigation site—
a: describing what has been or is being taken; and
b: explaining why it has been or is being taken; and
c: specifying where it will be kept.
4: The chief executive must return a sample or other evidence to its owner if—
a: the chief executive has not provided the evidence to an occupational body under section 207O
b: the evidence is no longer required for the investigation; and
c: it is practicable to do so.
5: The occupational body that has received a sample or other evidence under section 207O
a: the body no longer requires the evidence in performing its functions described in section 207O(6)﻿(b)
b: it is practicable to do so.
6: However, the chief executive or the occupational body need not return a sample or other evidence if the chief executive or body reasonably considers that the owner does not want it returned.
7: The chief executive or the occupational body may dispose of the sample or other evidence if—
a: it is not required to be returned; or
b: it is likely to be a risk to public health.
8: In addition, sections 152 154 155 159 Section 207J inserted 17 December 2019 section 20 Building Amendment Act 2019
207K: Power to carry out works
The chief executive may carry out any works at the investigation site that are necessary to enable the chief executive to exercise another power of investigation. Section 207K inserted 17 December 2019 section 20 Building Amendment Act 2019
207L: Power to require assistance
1: The chief executive may require an owner or occupier of the investigation site to give reasonable assistance to enable the chief executive to exercise another power of investigation.
2: The owner or occupier must give the assistance required by the chief executive. Section 207L inserted 17 December 2019 section 20 Building Amendment Act 2019
207M: Power to require information or documents
1: The chief executive may require any person to provide any information or document that the chief executive reasonably considers may help determine the circumstances or causes of the building failure.
2: The chief executive must give written notice to the person that specifies—
a: the information or document that must be provided; and
b: how the information or document must be provided; and
c: a reasonable deadline by which the information or document must be provided.
3: The person must provide the information or document as required by the notice.
4: The chief executive may copy or retain any information or document provided. Section 207M inserted 17 December 2019 section 20 Building Amendment Act 2019
207N: Restrictions on sharing evidence or information
Any evidence or information collected in the investigation of a building failure under section 207C
a: it is provided in exercising the powers of investigation; or
b: it is provided with the consent of the persons to whom it relates; or
c: it is provided to an occupational body under section 207O section 207O(6)﻿(b)
d: it is provided in a report published under section 207P
e: it is provided in accordance with another enactment; or
f: it is already publicly available. Section 207N inserted 17 December 2019 section 20 Building Amendment Act 2019
207O: Sharing evidence or information with occupational bodies
1: This section applies to any evidence or information that—
a: is collected in the investigation of a building failure under section 207C
b: the chief executive reasonably considers is relevant to an occupational body’s functions described in subsection (6)﻿(b).
2: The chief executive may provide the evidence or information to the occupational body.
3: The chief executive must, as soon as is reasonably practicable after providing the evidence or information, give a written notice to—
a: any person to whom the evidence or information relates; and
b: if the evidence was taken from the investigation site under section 207J
4: The notice must—
a: describe what has been provided; and
b: explain why it has been provided; and
c: specify which occupational body it has been provided to.
5: However, the chief executive need not give a notice if the chief executive reasonably considers that it would prejudice an investigation by the occupational body.
6: In this section, occupational body
a: that is established by or under an enactment; and
b: that administers discipline for, or regulates, an occupation involved in the design, construction, or maintenance of any building or works on any building. Section 207O inserted 17 December 2019 section 20 Building Amendment Act 2019
207P: Report with findings of investigation
1: The chief executive may, after investigating a building failure under section 207C
a: the findings of the investigation:
b: recommendations about building design or construction that are based on the findings:
c: any other matter related to building design or construction that arises from the investigation.
2: Before publishing any content that relates to an identifiable person, the chief executive must—
a: provide the person with a copy of the content; and
b: specify a reasonable deadline by which the person may comment on the content; and
c: consider any comments received in that period and make any changes to the content that the chief executive considers appropriate. Section 207P inserted 17 December 2019 section 20 Building Amendment Act 2019
207Q: Offence to interfere with investigation site
A person who intentionally interferes in any way with an investigation site without the chief executive’s permission or any other reasonable excuse—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $10,000; or
ii: in any other case, to a fine not exceeding $50,000. Section 207Q inserted 17 December 2019 section 20 Building Amendment Act 2019
207R: Offence to access investigation site despite restriction or prohibition
A person who intentionally accesses an investigation site in breach of a restriction or prohibition imposed under section 207G
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $10,000; or
ii: in any other case, to a fine not exceeding $50,000. Section 207R inserted 17 December 2019 section 20 Building Amendment Act 2019
207S: Offence to obstruct investigation or fail to provide information or document
A person who wilfully obstructs, hinders, or resists the investigation of a building failure, or who wilfully fails to provide any information or document as required by section 207M
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $10,000; or
ii: in any other case, to a fine not exceeding $50,000. Section 207S inserted 17 December 2019 section 20 Building Amendment Act 2019 Appeal from chief executive's decisions
208: Appeals to District Court
1: The following decisions of the chief executive are subject to appeal to the District Court:
a: refusing to issue a national multiple-use approval ( see section 30F
b: making a determination under section 188
c: giving a direction as to costs under section 190(2)
d: taking disciplinary action under section 203C
e: refusing to register a person as any of the following, or suspending or refusing to lift the suspension of any such registration:
i: a building consent authority ( see sections 191 197
ii: a product certification body ( see sections 267A 267C(2) 267D(2)
iii: a modular component manufacturer certification body ( see sections 272N 272P(2) 272Q(2)
iv: a modular component manufacturer ( see sections 272Y 272ZA(2) 272ZB(2)
f: refusing to register a product certificate or suspending, or refusing to lift the suspension of, the registration of a product certificate ( see sections 272A 272B(2) 272C(2)
2: The following people may appeal against those decisions:
a: if subsection (1)﻿(a) applies, the applicant for approval:
b: if subsection (1)﻿(b) or (c) applies, the applicant for the determination or any other party (as defined in section 176
c: if subsection (1)﻿(d) applies, the respondent against whom the action is taken:
d: if subsection (1)﻿(e) applies, the applicant for registration or person whose registration is suspended:
e: if subsection (1)﻿(f) applies, the proprietor of the building product or building method to which the certificate relates. Section 208 replaced 7 September 2022 section 56 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
209: Procedure for commencing appeal
1: An appeal under section 208
a: by the appellant filing a notice of appeal with the Registrar of the District Court within 15 working days after,—
i: in the case of an appeal under section 208(1)﻿(b) section 189
ia:
ii: in any other case, the date of the chief executive’s decision; and
b: otherwise in accordance with the District Court Rules
2: The Registrar of the District Court may extend the time for making an appeal under section 208(1)﻿(b) section 189 Section 209(1)﻿(a)﻿(i) amended 7 September 2022 section 57(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 209(1)﻿(a)﻿(ia) repealed 7 September 2022 section 57(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 209(1)﻿(a)﻿(ii) replaced 7 September 2022 section 57(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 209(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 209(2) amended 7 September 2022 section 57(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
210: Steps after appeal is commenced
1: Either before or immediately after an appeal under section 208
a: the chief executive; and
b: in the case of an appeal under section 208(1)﻿(b) or (c)
2: A person served with the notice under subsection (1) who wishes to appear on the appeal must give notice of the person's intention to appear to—
a: the appellant; and
b: the Registrar of the District Court; and
c: any other person to whom the appellant is required to 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 7 September 2022 section 58 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
211: Powers of District Court on appeal
1: On the hearing of an appeal under section 208 the District Court
a: confirm, reverse, or modify the determination , direction,
b: refer the matter back to the chief executive in accordance with the rules of court; or
c: make or give any determination, direction, or decision that the chief executive could have made or given
2: This section does not give the District Court power to review any part of the chief executive's determination , direction,
3: Subject to any order of the District Court, every determination , direction,
4: The decision of the District Court on an appeal is final. Section 211(1) amended 1 March 2017 section 261 District Court Act 2016 Section 211(1)﻿(a) amended 7 July 2010 section 8(1) Building Amendment Act 2010 Section 211(1)﻿(c) amended 7 July 2010 section 8(2) Building Amendment Act 2010 Section 211(2) amended 7 July 2010 section 8(3) Building Amendment Act 2010 Section 211(3) amended 7 July 2010 section 8(4) Building Amendment Act 2010
2: Responsibilities of territorial authorities
Functions, duties, and powers of territorial authorities generally
212: Territorial authority must act as building consent authority
for
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
a: any application for a building consent made to the territorial authority; and
b: any building consent granted under that application.
2: Subsection (1) does not apply in the case of dams.
3: A territorial authority must, in performing its functions as a building consent authority, provide to Fire and Emergency New Zealand section 46
4: Subsection (1)—
a: is subject to the territorial authority's power to transfer, under section 233
b: does not apply to any function so transferred by the territorial authority. Section 212 heading amended 14 April 2005 section 17(1) Building Amendment Act 2005 Section 212(1) amended 14 April 2005 section 17(2) Building Amendment Act 2005 Section 212(3) replaced 1 February 2010 section 26 Building Amendment Act 2009 Section 212(3) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
213: Territorial authority may make arrangements relating to functions of building consent authority
1: A territorial authority may comply with section 212(1)
a: performing the functions of a building consent authority itself; or
b: making arrangements for 1 or more other building consent authorities to perform those functions on its behalf; or
c: a combination of the methods described in paragraphs (a) and (b).
2: An arrangement under subsection (1) may be made—
a: by contract; or
b: 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)
a: the territorial authority is liable for the acts and omissions of the other building consent authority when the other building consent authority is acting in that capacity; but
b: the territorial authority and building consent authority may apportion the liability—
i: as between themselves; and
ii: 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: apply for, and gain, accreditation under this Part; and
b: 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 information that is relevant to the administration of this Act to enable members of the public to—
a: be informed of their obligations under this Act; and
b: participate effectively under this Act.
2: The information that must be kept by a territorial authority under subsection (1) includes—
a: all plans and specifications submitted to the territorial authority in relation to an application for a building consent; and
b: any of the following information issued or received by the territorial authority in respect of a building:
i: project information memoranda:
ii: building consents:
iii: if applicable, the specified intended life of the building:
iv: code compliance certificates:
iva: records of work and certificates of work section 45(2) 88(1)﻿(a)
ivb: statutory declarations provided by owner-builders:
ivc:
v: compliance schedules:
vi: building warrants of fitness:
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
c: any orders issued by the District Court under section 126
d: any records of any information on any land or building received by the territorial authority from a statutory authority; and
e: a summary of written complaints received by the territorial authority concerning alleged breaches of this Act or the former Act; and
f: information on how the territorial authority dealt with each of the complaints referred to in paragraph (e); and
g: all information provided to the territorial authority by a building consent authority under section 238
3: A territorial authority must keep the information referred to in—
a: subsections (1) and (2)﻿(a) to (d) and (g), at least for the life of the building to which the information relates; and
b: subsection (2)﻿(e) and (f), at least for 10 years from when each complaint was received by the territorial authority. 1991 No 150 s 27(1), (2) Section 216(2)﻿(b)﻿(iva) inserted 15 March 2008 section 40 Building Amendment Act 2008 Section 216(2)﻿(b)﻿(iva) amended 13 March 2012 section 57(1) Building Amendment Act 2012 Section 216(2)﻿(b)﻿(ivb) inserted 13 March 2012 section 57(2) Building Amendment Act 2012 Section 216(2)﻿(b)﻿(ivc) repealed 1 July 2017 section 31 Building (Earthquake-prone Buildings) Amendment Act 2016
217: Access to certain information kept by territorial authority
1: A person—
a: has a right to access the information referred to in section 216(1) and (2)
b: must, on request, be given access to that information by the territorial authority during ordinary office hours.
2: The right conferred by subsection (1)—
a: is subject to the power of a territorial authority to withhold information under the provisions of the Local Government Official Information and Meetings Act 1987
b: 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 specification:
ii: the owner of the building to which the plan or specification relates:
iii: any subsequent owner of that building; and
c: is subject to any prescribed limits.
3: 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 facilities.
5: Subsection (4) is subject to section 44A 1991 No 150 s 27(3), (4) Section 217(2)﻿(a) replaced 28 November 2013 section 54 Building Amendment Act 2013
218: Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under
sections 169 and 169A
1: For the purpose of facilitating the performance of the chief executive's function under section 169 and section 169A subpart 6A
2: However, a territorial authority is only required to provide information under subsection (1) about its functions, duties, and powers under this Act. Section 218 heading amended 1 July 2017 section 32(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 218(1) amended 1 July 2017 section 32(2) Building (Earthquake-prone Buildings) Amendment Act 2016
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: in relation to a building consent; and
ii: for the performance of any other function or service under this Act; and
b: must collect the levy which an applicant is liable to pay to the chief executive under section 53
2: If a fee, charge, or levy is payable to a territorial authority for the performance of a function or service under this Act, the territorial authority may refuse to perform the function or service, unless the fee, charge, or levy is paid. Section 219(1)﻿(a) amended 13 March 2012 section 59 Building Amendment Act 2012 Power of territorial authority to carry out building work on default
220: Territorial authority may carry out building work on default
1: This section applies if—
a: a person is required, under this Act, by a building consent authority, territorial authority, or regional authority to carry out any building work on, or in connection with, any building; and
b: either—
i: that person, after being given notice of the requirement, 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
ii: that person, after a certificate from any officer of the territorial authority that the work is of an urgent nature is communicated to him or her, defaults for 24 hours from the time of that communication; and
c: that person does not immediately proceed with the work with all reasonable speed.
2: The territorial authority may apply to the District Court
3: Before the territorial authority applies to the District Court
4: 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
b: the territorial authority may recover those costs from the owner; and
c: the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.
5: Any building work required to be carried out under subsection (2) may include the demolition of all or part of a building. 1991 No 150 s 74 Section 220(2) amended 1 March 2017 section 261 District Court Act 2016 Section 220(3) amended 1 March 2017 section 261 District Court Act 2016
221: Recovery of costs when territorial authority carries out work on default
1: 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: the money payable becomes a charge on the land; and
b: the provisions of the Local Government (Rating) Act 2002 Local Government Act 2002
2: The territorial authority—
a: may destroy, sell, or otherwise dispose of any building products or other materials
b: in the case of the sale of any building products or other materials
i: must apply the proceeds of the sale towards payment of the amount payable to the territorial authority under subsection (1); and
ii: must pay the surplus (if any) to the owner.
3: 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 requirements of a notice under this Act.
4: Any building work that is carried out, or is to be carried out, by a territorial authority under this section is declared to be a public work for the purposes of the Public Works Act 1981 1991 No 150 s 75 Section 221(2)﻿(a) amended 7 September 2022 section 59 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 221(2)﻿(b) amended 7 September 2022 section 59 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Powers of territorial authority to carry out inspections and enter land
222: Inspections by territorial authority
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: land on which building work is or is proposed to be carried out; and
ii: building work that has been or is being carried out on or off the building site; and
iii: any building; and
iv: any residential pool (or the immediate pool area); and
b: to enter premises for—
i: the purpose of inspecting the building; or
ii: the purpose of determining whether the building is dangerous or insanitary within the meaning of subpart 6
iii: the purpose of determining whether the building or a part of the building is earthquake prone or potentially earthquake prone within the meaning of subpart 6A
c: to enter premises for the purpose of determining whether section 162C
2: An authorised officer must, on entering private land under subsection (1), and when requested at any subsequent time, produce to the occupier of the land written evidence of the authorised officer's identity.
3: The powers conferred by this section are in addition to, and do not limit, the powers conferred by section 173
4: In this section and sections 223 to 228 authorised officer
a: he or she is authorised to carry out inspections; or
b: he or she is authorised to enter land—
i: by this Act; or
ii: by an order of the District Court made under section 227 inspection
a: to determine whether—
i: building work is being carried out without a building consent; or
ii: building work is being carried out in accordance with a building consent; or
iia: section 162C
iii: a notice to fix has been complied with:
b: to ensure that,—
i: in relation to buildings for which a compliance schedule is issued, the inspection, maintenance, and reporting procedures stated in the compliance schedule are being complied with; or
ii: in relation to buildings that have specified systems, the requirement for a compliance schedule is being complied with:
c: to enable a territorial authority to—
i: identify dangerous, earthquake-prone, or insanitary buildings within its district; and
ii: carry out its functions or duties in relation to those buildings:
d: to satisfy a territorial authority as to whether a certificate of acceptance for building work should be issued under section 96 1991 No 150 s 76(1), (2), (3), (11) Section 222(1)﻿(a)﻿(iv) inserted 1 January 2017 section 15(1) Building (Pools) Amendment Act 2016 Section 222(1)﻿(b)﻿(ii) replaced 1 July 2017 section 33 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 222(1)﻿(b)﻿(iii) inserted 1 July 2017 section 33 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 222(1)﻿(c) inserted 1 January 2017 section 15(3) Building (Pools) Amendment Act 2016 Section 222(4) inspection inserted 1 January 2017 section 15(4) Building (Pools) Amendment Act 2016
223: Duty to assist inspections
1: The persons specified in subsection (2) must give all reasonable assistance to enable an authorised officer to inspect all or part of a building or building work.
2: The persons are—
a: the owner of the building; and
b: an occupier of the building; and
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. 1991 No 150 s 76(4) Section 223(2)﻿(c) replaced 13 March 2012 section 61 Building Amendment Act 2012
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 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 $50,000 1991 No 150 s 80(h) Section 225(2) amended 8 June 2021 section 60 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
226: Restriction on entry to household unit
1: Despite section 222
a: the consent of the occupier of the household unit; or
b: an order of the District Court section 227
2: Subsection (1) does not limit the power conferred by section 173 1991 No 150 s 76(7) Section 226(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
227: District Court may authorise entry to household unit
1: The District Court
2: The court may make the order under subsection (1)—
a: only if it is satisfied that—
i: the proposed entry is necessary for the purposes of section 222
ii: the authorised officer has taken all reasonable steps to obtain the consent of the occupier to the proposed entry; and
b: subject to any conditions that it thinks fit. 1991 No 150 s 76(8), (9) Section 227(1) amended 1 March 2017 section 261 District Court Act 2016
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
b: before he or she enters a household unit under the authority of an order under section 227 1991 No 150 s 76(10) Enforcement powers of territorial authority Heading repealed 28 November 2013 section 55 Building Amendment Act 2013
229: Authorisation of enforcement officers
Section 229 repealed 28 November 2013 section 55 Building Amendment Act 2013
230: Conditions of authorisation
Section 230 repealed 28 November 2013 section 55 Building Amendment Act 2013
231: Offence to impersonate enforcement officer
Section 231 repealed 28 November 2013 section 55 Building Amendment Act 2013 Delegation of power
232: Delegation of powers by territorial authority and its officers
Clause 32 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. 1991 No 150 s 25(1), (2)
234: Procedure for transfer
If a territorial authority proposes to transfer any of its functions, duties, or powers under section 233
a: use the special consultative procedure in section 83
b: serve notice on the Minister of its proposal to transfer the function, duty, or power; and
c: agree with the other territorial authority to whom the function, duty, or power is to be transferred that the transfer is desirable on either or both of the following grounds:
i: efficiency:
ii: technical or special capability, or expertise. 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
a: must enter into an agreement in respect of the transfer; and
b: may agree on the terms and conditions of the transfer. 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 provides otherwise, cancel, at any time, the transfer in accordance 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. 1991 No 150 s 25(5), (6), (7)
3: Responsibilities of building consent authority that is not territorial authority
or regional authority Subpart 3 heading amended 15 March 2008 section 41 Building Amendment Act 2008
237: Application of subpart
This subpart applies to a building consent authority that—
a: is registered under section 273
b: provides services as a building consent authority in a district; but
c: is not—
i: the territorial authority for the district, or another territorial authority to which a function, duty, or power is transferred under section 233
ii: the regional authority for the region, or another regional authority to which a function, duty, or power is transferred under section 244 Section 237(c) replaced 14 April 2005 section 3(7) Building Amendment Act 2005
238: Duties of building consent authority
1: A building consent authority must, in performing its functions under Part 2
a: obtain a project information memorandum before granting a building consent; and
b: provide to Fire and Emergency New Zealand section 46
c: provide to the territorial authority for the relevant district copies of the information referred to in subsection (2).
2: The information is—
a: plans and specifications submitted to the building consent authority in relation to an application for a building consent; and
b: the following information issued or received by the building consent authority in respect of a building:
i: project information memoranda:
ii: building consents:
iii: code compliance certificates:
iv: compliance schedules:
iva: if applicable, the intended life of the building:
ivb: statutory declarations provided by an owner-builder:
ivc: records of work and certificates of work provided by licensed building practitioners under section 45(2) 88(1)﻿(a)
v: building warrants of fitness:
vi: energy work certificates:
vii: notices to fix:
viii: any other records that relate to the information referred to in subparagraphs (i) to (vii); and
c: records of any information on any land or building received by the building consent authority from a statutory authority; and
d: details about any levy collected under section 53
e: the following information about the building consent authority:
i: the name and contact address of the building consent authority:
ii: the scope of accreditation of the building consent authority:
iii: whether the building consent authority has adequate 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 Section 238(1)﻿(b) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 238(2)﻿(b)﻿(iva) inserted 13 March 2012 section 62(2) Building Amendment Act 2012 Section 238(2)﻿(b)﻿(ivb) inserted 13 March 2012 section 62(2) Building Amendment Act 2012 Section 238(2)﻿(b)﻿(ivc) inserted 13 March 2012 section 62(2) Building Amendment Act 2012 Section 238(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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)
i: in relation to a building consent; and
ii: for the performance of any other function or service 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 authority 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 Section 240(1)﻿(a) amended 13 March 2012 section 63 Building Amendment Act 2012
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 relation to dams,—
a: apply for, and gain, accreditation under this Part; and
b: apply to be, and be registered as, a building consent authority under this Part; and
c: maintain that accreditation and registration at all times.
2: Subsection (1)—
a: is subject to the regional authority's power under section 244
b: does not apply to any function it transfers to another regional authority. Section 241(2) inserted 14 April 2005 section 18 Building Amendment Act 2005
242: Regional authority must provide information to chief executive
A regional authority must provide information to the chief executive 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: for issuing a project information memorandum under section 34
ii: 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
c: must collect the levy an applicant is liable to pay to the chief executive under section 53
2: If a fee or charge is payable to a regional authority for the performance of a function or service under this Act, the regional authority may decline to perform the function or service, unless the fee or charge is paid. Section 243 heading amended 14 April 2005 section 19(1) Building Amendment Act 2005 Section 243(1) replaced 14 April 2005 section 19(2) Building Amendment Act 2005 Section 243(1)﻿(a) amended 13 March 2012 section 64 Building Amendment Act 2012 Transfer of functions, duties, and powers of regional authority
244: Transfer of functions, duties, and powers of regional authority
A regional authority may transfer 1 or more of its functions, duties, or powers under this Act to another regional authority, except the power of transfer conferred by this section.
245: Procedure for transfer
If a regional authority proposes to transfer any of its functions, duties, or powers under section 244
a: use the special consultative procedure in section 83
b: serve notice on the Minister of its proposal to transfer the function, duty, or power; and
c: 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: efficiency:
ii: 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
a: must enter into an agreement in respect of the transfer; and
b: may agree on the terms and conditions of the transfer.
247: Effect of transfer
1: A regional authority to whom a function, duty, or power is transferred under section 244
a: may perform the function or duty, or exercise the power, as if the function or duty were imposed, or the power were conferred, on that regional authority under this Act; and
b: may, unless the agreement in respect of the transfer provides otherwise, cancel, at any time, the transfer in accordance 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.
5: Responsibilities of building consent accreditation body
Appointment of building consent accreditation body
248: Chief executive may appoint building consent accreditation body
1: The chief executive may—
a: appoint a person as a building consent accreditation body; and
b: revoke the appointment at any time.
2: A reference in this subpart to a building consent accreditation body is a reference to—
a: the person appointed under subsection (1); or
b: if no person is appointed, the chief executive. Requirements for building consent accreditation body
249: Requirements for building consent accreditation body
1: The chief executive must, by notice
a: the minimum frequency of audits that the building consent accreditation body must conduct on accredited building consent authorities
b: any other matters the chief executive considers necessary or appropriate.
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 249(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 249(1)﻿(a) amended 14 April 2005 section 16(2)﻿(n) Building Amendment Act 2005 Section 249(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Audit fees Heading inserted 15 March 2008 section 42 Building Amendment Act 2008
249A: Fees for audits
A building consent accreditation body may charge an accredited building consent authority the prescribed fee (if any) for an audit conducted under section 249(a) Section 249A inserted 15 March 2008 section 42 Building Amendment Act 2008 Accreditation of building consent authorities or regional authorities
250: Accreditation
The building consent accreditation body may, on the application of a person made in accordance with section 253 and on payment by the person of the prescribed fee (if any), Part 2 1991 No 150 s 51 Section 250 amended 15 March 2008 section 43 Building Amendment Act 2008 Section 250 amended 14 April 2005 section 16(2)﻿(o) Building Amendment Act 2005
251: Criteria for accreditation
Before granting accreditation, the building consent accreditation body must be satisfied that the applicant meets the prescribed criteria and standards for accreditation.
252: Scope of accreditation of building consent authority that is not territorial authority
1: This section applies to a building consent authority that is not a territorial authority or a regional authority
2: The building consent accreditation body must, before granting accreditation to a building consent authority to whom this section applies, determine the scope of accreditation having regard to the prescribed criteria and standards for accreditation.
3: The scope of accreditation relates to 1 or more types of building in relation to which the building consent authority concerned is authorised to perform functions under this Part and Part 2
4: An accredited building consent authority may, at any time, request the building consent accreditation body to change the scope of its accreditation. Section 252(1) amended 14 April 2005 section 3(5) Building Amendment Act 2005
253: Application for accreditation
An application for accreditation under section 250
a: be made in writing; and
b: be given in the prescribed manner (if any); and
c: contain the prescribed information (if any).
d: Section 253(c) amended 15 March 2008 section 44(1) Building Amendment Act 2008 Section 253(d) repealed 15 March 2008 section 44(2) Building Amendment Act 2008
254: Revocation of accreditation
1: An accreditation under section 250
a: the building consent accreditation body; or
b: 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
b: has first given the building consent authority
3: Despite subsection (2)﻿(a), the building consent accreditation body or the chief executive must not revoke the accreditation of a building consent authority
a: the prescribed criteria and standards for accreditation are amended; and
b: the building consent authority
4: The limit in subsection (3) applies only during the period of 3 months after the date on which the amendments come into force. Section 254(2)﻿(a) amended 14 April 2005 section 16(2)﻿(p) Building Amendment Act 2005 Section 254(2)﻿(b) amended 14 April 2005 section 16(2)﻿(p) Building Amendment Act 2005 Section 254(2)﻿(b) amended 14 April 2005 section 16(2)﻿(q) Building Amendment Act 2005 Section 254(3) amended 14 April 2005 section 16(2)﻿(o) Building Amendment Act 2005 Section 254(3)﻿(b) amended 14 April 2005 section 16(2)﻿(q) Building Amendment Act 2005
255: Building consent accreditation body must notify chief executive of grant and revocation of accreditation
1: The building consent accreditation body must notify the chief executive when it grants or revokes an accreditation of a building consent authority
2: 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
b: within 7 days after the grant or revocation to which it relates. Section 255(1) amended 14 April 2005 section 16(2)﻿(o) Building Amendment Act 2005
6: Responsibilities of dam owner accreditation body
Appointment of dam owner accreditation body
256: Chief executive may appoint dam owner accreditation body
1: The chief executive may—
a: appoint a person as a dam owner accreditation body; and
b: revoke the appointment at any time.
2: A reference in this subpart to a dam owner accreditation body is a reference to—
a: a person appointed under subsection (1); or
b: if no person is appointed, the chief executive. Requirements for dam owner accreditation body
257: Requirements for dam owner accreditation body
1: The chief executive must, by notice
a: the minimum frequency of audits that the dam owner accreditation body must conduct on accredited dam owners; and
b: any other matters that the chief executive considers necessary or appropriate.
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 257(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 257(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Audit fees Heading inserted 15 March 2008 section 45 Building Amendment Act 2008
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) Section 257A inserted 15 March 2008 section 45 Building Amendment Act 2008 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),
2: Before granting accreditation, the dam owner accreditation body must be satisfied that the applicant meets the prescribed criteria and standards.
3: An application for accreditation under subsection (1) must—
a: be made in writing; and
b: be given in the prescribed manner (if any); and
c: contain the prescribed information (if any).
d: Section 258(1) amended 15 March 2008 section 46(1) Building Amendment Act 2008 Section 258(3)﻿(c) amended 15 March 2008 section 46(2) Building Amendment Act 2008 Section 258(3)﻿(d) repealed 15 March 2008 section 46(3) Building Amendment Act 2008
259: Revocation of accreditation
1: An accreditation under section 258(1)
a: the dam owner accreditation body; or
b: the chief executive.
2: An accreditation may be revoked only if the dam owner accreditation body or the chief executive—
a: is satisfied that the accredited dam owner no longer meets the prescribed criteria and standards; and
b: has first given the accredited dam owner concerned a reasonable opportunity to be heard.
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
b: the accredited dam owner no longer meets those criteria and standards solely as a result of the amendments.
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 of grant and revocation of accreditation
1: The dam owner accreditation body must notify the chief executive when it grants or revokes an accreditation of a dam owner.
2: 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.
3: The chief executive must, on receiving notification under subsection (1),—
a: in the case of a notice that accreditation has been granted, enter the name of the dam owner on the register kept under section 273(1)﻿(c)
b: in the case of a notice that accreditation has been revoked, remove the name of the dam owner from that register.
7: Responsibilities relating to product certification
Subpart 7 heading replaced 7 September 2022 section 61 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Appointment of product certification accreditation body
261: Chief executive may appoint product certification accreditation body
1: The chief executive may—
a: appoint a person as a product certification accreditation body; and
b: revoke the appointment at any time.
2: A reference in this subpart to a product certification accreditation body is a reference to—
a: the person appointed under subsection (1); or
b: if no person is appointed, the chief executive. Requirements for product certification accreditation body
262: Requirements for product certification accreditation body
1: The chief executive must, by notice
a: the minimum frequency of audits that the product certification accreditation body must conduct on accredited product certification bodies; and
b: any other matters that the chief executive considers necessary or appropriate.
2: The chief executive may, by notice building products or building methods
3: Subsection (2) applies only if the chief executive is satisfied that the building products or building methods
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 262(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 262(2) amended 7 September 2022 section 62(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 262(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 262(3) amended 7 September 2022 section 62(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 262(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Audit fees Heading inserted 15 March 2008 section 47 Building Amendment Act 2008
262A: Fees for audits
A product certification accreditation body may charge an accredited PCB section 262(1)﻿(a) PCB Section 262A inserted 15 March 2008 section 47 Building Amendment Act 2008 Section 262A amended 7 September 2022 section 63 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Accreditation of product certification bodies
263: Accreditation of product certification body
1: The product certification accreditation body may, on application, and on payment of the prescribed fee (if any), accredit a person as a product certification body if satisfied that they—
a: have the ability to perform the functions of a registered PCB competently, impartially, consistently, transparently, and accountably; and
b: have policies, procedures, and systems in place that—
i: will result in them performing their functions as required by paragraph (a); and
ii: comply with any requirements prescribed by regulations made under section 402(1)﻿(tb)﻿(ii)﻿(A)
c: comply with any other criteria and standards prescribed by regulations made under section 402(1)﻿(tb)﻿(ii)﻿(B)
d: comply with any product certification scheme rules made under section 272E(3)
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any). Section 263 replaced 7 September 2022 section 64 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
264: Suspension or revocation of accreditation
1: The product certification accreditation body may suspend or revoke a person’s accreditation as a product certification body if satisfied that they—
a: no longer meet the criteria for accreditation in section 263
b: have failed to comply with any product certification scheme rules.
2: However, if—
a: regulations made for the purposes of section 263(1)﻿(b)﻿(ii) or (c)
b: a person ceases to meet the criteria in section 263 the product certification accreditation body cannot suspend their accreditation unless 3 months have elapsed since those amendments came into force.
3: The period of a suspension must allow the person a reasonable period to again meet the criteria in section 263
4: The product certification accreditation body must lift the suspension of a person’s accreditation if satisfied that they again meet those criteria or have rectified the failure.
5: If the suspension is not lifted before the end of the suspension period, the product certification accreditation body may revoke the accreditation.
6: Before suspending or revoking a person’s accreditation under subsection (1) or (5), the product certification accreditation body must—
a: notify the person in writing of the intention to do so and the reasons for it; and
b: give the person a reasonable opportunity to be heard.
7: If the product certification accreditation body suspends, lifts the suspension of, or revokes a person’s accreditation, it must notify the person in writing of—
a: its decision and the reasons for it; and
b: the effect of section 267C(1) 267D(1) 267E(1)﻿(a)
8: If a person’s accreditation is suspended or revoked, the product certification accreditation body must notify them in writing of the suspension or revocation and the reasons for it.
9: The chief executive may exercise the powers of the product certification accreditation body under this section (whether or not that body has exercised those powers in relation to the same person in the same period). Section 264 replaced 7 September 2022 section 64 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
265: Application for accreditation
Section 265 repealed 7 September 2022 section 64 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
266: Suspension or revocation of accreditation
Section 266 repealed 7 September 2022 section 64 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
267: Product certification accreditation body must notify chief executive of grant
, suspension, lifting of suspension,
1: A product certification accreditation body must notify the chief executive when it grants , suspends, lifts the suspension of, a person’s accreditation as
2: The notification must be given—
a: in the manner notified by the chief executive to the product certification accreditation body from time to time; and
b: within 7 days after the grant , suspension, lifting of suspension, Section 267 heading amended 15 March 2008 section 51(1) Building Amendment Act 2008 Section 267(1) amended 7 September 2022 section 65 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 267(1) amended 15 March 2008 section 51(2) Building Amendment Act 2008 Section 267(2)﻿(b) amended 15 March 2008 section 51(3) Building Amendment Act 2008 Registration of product certification bodies Heading inserted 7 September 2022 section 66 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
267A: Registration of product certification body
1: The chief executive may, on application, and on payment of the prescribed fee (if any), register a person as a product certification body if satisfied that they—
a: are an accredited PCB; and
b: meet any prescribed requirements to have adequate means to cover any civil liabilities that may arise in the performance of their functions under this Act; and
c: meet any other prescribed criteria and standards for registration.
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
3: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to register the applicant; and
b: notify the applicant in writing of the decision (including the reasons, if the application is declined). Section 267A inserted 7 September 2022 section 66 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
267B: Audit of registered PCB
1: The chief executive may audit a registered PCB to ascertain whether—
a: they continue to meet the criteria for registration in section 267A
b: there are grounds to suspend or revoke their registration under section 267C
2: Any audit conducted under this section is in addition to audits required under section 262(1)﻿(a) Section 267B inserted 7 September 2022 section 66 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
267C: Suspension of registration of PCB
Automatic suspension
1: A person’s registration as a product certification body is automatically suspended if their accreditation is suspended under section 264 Suspension by chief executive
2: The chief executive may suspend a person’s registration as a product certification body if satisfied that they—
a: no longer meet the criteria for registration in section 267A
b: have failed to comply with any product certification scheme rules.
3: However, if—
a: regulations made for the purposes of section 267A(1)﻿(b) or (c)
b: a person ceases to meet the criteria in section 267A the chief executive cannot suspend their registration under subsection (2)﻿(a) unless 3 months have elapsed since those amendments came into force.
4: Before suspending a person’s registration under subsection (2), the chief executive must—
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard. Notification
5: If a person’s registration is suspended under subsection (1) or (2), the chief executive must—
a: notify them in writing of the suspension (including the reasons for it and the effect of section 267E(1)﻿(b)
b: update the register accordingly; and
c: take all reasonable steps to notify the proprietors for whom the person is the responsible PCB. Section 267C inserted 7 September 2022 section 66 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
267D: Lifting of suspension of registration of PCB
Automatic suspension
1: If a person’s registration is suspended under section 272C(1) Suspension by chief executive
2: If a person’s registration is suspended under section 267C(2)
a: again meet the criteria in section 267A
b: have otherwise rectified the failure that led to the suspension.
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly. Section 267D inserted 7 September 2022 section 66 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
267E: Revocation of registration of PCB
1: A person’s registration as a product certification body is automatically revoked if—
a: their accreditation is revoked under section 264
b: their registration is suspended under section 267C(2)
2: However, if—
a: a person’s registration was suspended under section 267C(2)
b: within 12 months of the suspension being imposed, the person applied under section 267D(2)
c: at the end of those 12 months the application has not been decided,— the 12-month period referred to in subsection (1)﻿(b) is extended until the application is decided.
3: If a person’s registration is revoked, the chief executive must—
a: notify them in writing of the revocation (including the reasons for it); and
b: remove their name from the register. Section 267E inserted 7 September 2022 section 66 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Certification of building products and building methods Heading replaced 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
268: Application for product certificate
Section 268 repealed 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
269: Product certificates
1: A registered PCB must, on application, issue a product certificate for a building product or building method if satisfied that it complies with—
a: the criteria and standards for certification prescribed by regulations made under section 402(1)﻿(u)﻿(i)
b: any product certification scheme rules made under section 272E(3)
2: If a building product and a building method are to be used together, a single product certificate may be issued in respect of both together.
3: The product certificate must state whether there are any matters that should be taken into account in the use or application of the building product or building method and, if so, what those matters are.
4: The application must—
a: be made by the proprietor of the building product or building method; and
b: include the information specified by the registered PCB (if any). Section 269 replaced 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
270: Annual review of product certificate
1: A registered PCB must review each product certificate for which it is the responsible PCB at least once in every 12 months.
2: However, subsection (1) does not apply in relation to a review required for a particular period if another registered PCB has reviewed the certificate in that period.
3: A registered PCB may review a product certificate for which it is not the responsible PCB at the request of the proprietor of the building product or building method to which it relates.
4: A PCB reviewing a certificate under subsection (1) or (3) must do so by conducting an audit of the building product or building method to which the certificate relates to ascertain whether—
a: it continues to comply with the criteria for certification under section 269
b: there are grounds to suspend or revoke the certificate under section 271
5: In carrying out an audit, a registered PCB must—
a: take into account any matters specified in regulations made under section 402(1)﻿(u)﻿(ii)
b: comply with any other requirements prescribed by those regulations and scheme rules, including as to when the audit is conducted.
6: The proprietor of the building product or building method being audited must provide the PCB with any information or matter that the PCB requires for the purposes of the audit.
7: A person who fails to comply with subsection (6)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000. Section 270 replaced 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
271: Suspension or revocation of product certificate
1: The responsible PCB for a product certificate may suspend or revoke the certificate if satisfied that—
a: the certificate was obtained by fraud, misrepresentation, or concealment of facts; or
b: the building product or building method no longer meets the criteria for certification in section 269
c: any certification or similar authorisation issued or granted in respect of the building product or building method has been suspended or revoked for any reason; or
d: the building code no longer applies to the building product or building method because of an amendment to the code; or
e: the proprietor of the building product or building method has failed to comply with any product certification scheme rules; or
f: the certificate has not been reviewed under section 270
2: However, if—
a: regulations made for the purposes of section 269
b: a building product or building method ceases to meet the criteria in that section solely as a result of those amendments,— the responsible PCB cannot suspend or revoke the certificate under subsection (1)﻿(b) unless 3 months have elapsed since those amendments came into force.
3: Subsection (1)﻿(f) does not apply if the certificate has been in force for less than 12 months.
4: The period of a suspension must allow the proprietor a reasonable period to ensure that the building product or building method again meets the criteria in section 269
5: The responsible PCB must lift the suspension of a certificate if satisfied that the building product or building method again meets those criteria or the certificate has been reviewed.
6: If the suspension is not lifted before the end of the suspension period, the responsible PCB may revoke the certificate.
7: Before suspending or revoking a certificate, the responsible PCB must—
a: notify the proprietor in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard.
8: If the responsible PCB suspends, lifts the suspension of, or revokes a product certificate, it must notify the proprietor in writing of—
a: its decision and the reasons for it; and
b: the effect of section 272B(1) 272C(1) 272D(1)﻿(a)
9: The chief executive may exercise the powers of a responsible PCB under this section (whether or not the responsible PCB has exercised those powers in relation to the same certificate in the same period). Section 271 replaced 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272: Notification to chief executive by registered PCB
1: A registered PCB must notify the chief executive when it does any of the following:
a: issues a product certificate:
b: suspends, or lifts the suspension of, a product certificate:
c: revokes a product certificate:
d: becomes the responsible PCB for a product certificate as a result of carrying out a review under section 270(3)
2: The notification must be given—
a: in the manner notified in writing by the chief executive to the registered PCB; and
b: within 7 days after the event occurs. Section 272 replaced 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Registration of product certificates Heading inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272A: Registration of product certificates
1: The chief executive must register a product certificate if satisfied that—
a: the certificate—
i: is in the form (if any) approved by the chief executive; and
ii: includes the prescribed information (if any); and
b: the proprietor of the building product or building method to which the certificate relates has paid the prescribed fee (if any).
2: As soon as practicable after receiving notice under section 272
a: decide whether to register the certificate; and
b: notify the issuing registered PCB and the proprietor of the decision (including the reasons, if the certificate is not registered). Section 272A inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272B: Suspension of registration of product certificate
Automatic suspension
1: The registration of a product certificate is automatically suspended if the certificate is suspended under section 271 Suspension by chief executive
2: The chief executive may suspend the registration of a product certificate for a specified period if satisfied that—
a: the responsible PCB has failed to comply with any product certification scheme rules; or
b: the proprietor of the building product or building method has failed to comply with any product certification scheme rules. Notification
3: If the registration of a product certificate is suspended under subsection (1) or (2), the chief executive must—
a: notify each of the following in writing of the suspension (including the reasons for it and the effect of section 272D(1)﻿(b)
i: the responsible PCB:
ii: the proprietor of the building product or building method; and
b: update the register accordingly. Section 272B inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272C: Lifting of suspension of registration of product certificate
Automatic suspension
1: If the registration of a product certificate is suspended under section 272B(1) Suspension by chief executive
2: If the registration of a product certificate is suspended under section 272B(2)
a: in the case of a suspension under section 272B(2)﻿(a) section 269
b: in the case of a suspension under section 272B(2)﻿(b)
3: The application must—
a: be made in writing by the proprietor of the building product or building method; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: However, the fee (if any) is not payable if the registration of the product certificate was suspended under section 272B(2)﻿(a)
5: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly. Section 272C inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272D: Revocation of registration of product certificate
1: The registration of a product certificate is automatically revoked—
a: if the certificate is revoked under section 271
b: if the registration is suspended under section 272B(2)
2: However, if—
a: the registration of a product certificate was suspended under section 272B(2)
b: before the end of the suspension period, an application is made under section 272C(2)
c: at the end of the suspension period the application has not been decided,— the period referred to in subsection (1)﻿(b) is extended until the application is decided.
3: If the registration of a product certificate is revoked, the chief executive must—
a: notify the proprietor in writing of the revocation (including the reasons for it); and
b: remove the certificate from the register. Section 272D inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Product certification scheme rules Heading inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272E: Product certification scheme rules
1: The chief executive may make rules for the operation of the product certification scheme under this subpart.
2: The rules may (without limitation) include rules relating to 1 or more of the following:
a: how the scheme parties are to perform their functions under this Act:
b: how building products and building methods are to be evaluated:
c: the resolution of disputes between scheme parties:
d: procedural and administrative matters.
3: The rules may also supplement regulations made under section 402(1)﻿(tb)﻿(ii) or (u)﻿(i) or (ii)
4: However, the chief executive must not make rules under subsection (3) unless satisfied that the rules—
a: set out matters of detail to elaborate on matters provided for in the regulations; or
b: set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
c: set out how requirements imposed by the regulations may or must be met; or
d: otherwise supplement matters of general principle set out in the regulations.
5: In this section, scheme party
a: the product certification accreditation body:
b: an accredited PCB:
c: a registered PCB:
d: the proprietor of a building product or building method that has a current product certificate (whether registered or not).
6: Rules made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 272E inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272F: Procedure for making product certification scheme rules
1: Before making product certification scheme rules, the chief executive must—
a: publicly notify the proposal to make the rules; and
b: give persons at least 20 working days to make submissions on the proposal; and
c: consider those submissions.
2: The notice must include the following:
a: a detailed statement of the proposed rules, including any transitional arrangements (which may, but need not, include a copy of the proposed rules):
b: the reasons for making the rules:
c: the date on which the rules will come into force:
d: details of how, and by when, submissions may be made.
3: The chief executive need not comply with subsection (1) in relation to an amendment of the rules if satisfied that the amendment will not adversely affect the substantial interests of any person. Section 272F inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Offences relating to product registration scheme Heading inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272G: Offence to misrepresent status as product certification body
1: A person who is not a registered PCB must not perform any of the functions of a registered PCB.
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
3: A person must not, in any other way, represent themselves as being any of the following if that is not the case:
a: an accredited PCB:
b: a registered PCB:
c: authorised to issue product certificates.
4: A person who fails to comply with subsection (3)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000. Section 272G inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272H: Offence to misrepresent product certificate
1: A person must not represent something as any of the following if that is not the case:
a: having a current product certificate:
b: having a registered product certificate:
c: having been evaluated and certified under the product certification scheme under this subpart.
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000. Section 272H inserted 7 September 2022 section 67 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
7A: Responsibilities relating to modular component manufacturers
Subpart 7A inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Appointment of modular component manufacturer certification accreditation body Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272I: Appointment of modular component manufacturer certification accreditation body
The chief executive may—
a: appoint a person as the modular component manufacturer certification accreditation body; and
b: revoke the appointment at any time. Section 272I inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Accreditation of modular component manufacturer certification bodies Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272J: Accreditation of modular component manufacturer certification body
1: The MCMC accreditation body may, on application, and on payment of the prescribed fee (if any), accredit a person as a modular component manufacturer certification body if satisfied that they—
a: have the ability to perform the relevant functions competently, impartially, consistently, transparently, and accountably; and
b: have policies, procedures, and systems in place that—
i: will result in them performing their functions as required by paragraph (a); and
ii: comply with any requirements prescribed by regulations made under section 402(1)﻿(ub)﻿(i)﻿(A)
c: comply with any other criteria and standards for accreditation prescribed by regulations made under section 402(1)﻿(ub)﻿(i)﻿(B)
d: comply with any MCM scheme rules made under section 272ZG(3)
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
3: In this section, relevant functions Section 272J inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272K: Audit of accredited MCMCB
1: The MCMC accreditation body must audit each accredited MCMCB—
a: at least once in every 12 months; and
b: more frequently if required by the regulations.
2: The purpose of an audit is to ascertain whether—
a: the person continues to meet the criteria for accreditation in section 272J
b: there are grounds to suspend or revoke their accreditation under section 272L
3: In carrying out an audit, an MCMC accreditation body must—
a: take into account any matters specified in regulations made under section 402(1)﻿(ub)﻿(ii)﻿(B)
b: comply with any other requirements prescribed by regulations made under section 402(1)﻿(ub)﻿(ii)﻿(C)
4: The MCMC accreditation body may charge the person being audited the prescribed fee (if any) for conducting the audit. Section 272K inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272L: Suspension or revocation of accreditation of MCMCB
1: The MCMC accreditation body may suspend or revoke a person’s accreditation as a modular component manufacturer certification body if satisfied that they—
a: no longer meet the criteria for accreditation in section 272J
b: have failed to comply with any MCM scheme rules.
2: However, if—
a: regulations made for the purposes of section 272J(1)﻿(b)﻿(ii) or (c)
b: a person ceases to meet the criteria in section 272J the MCMC accreditation body cannot suspend or revoke their accreditation under subsection (1)﻿(a) unless 3 months have elapsed since those amendments came into force.
3: The period of a suspension must allow the person a reasonable period to again meet the criteria in section 272J
4: The MCMC accreditation body must lift the suspension of a person’s accreditation if satisfied that they again meet those criteria or have rectified the failure.
5: If the suspension is not lifted before the end of the suspension period, the MCMC accreditation body may revoke the accreditation.
6: Before suspending or revoking a person’s accreditation under subsection (1) or (5), the MCMC accreditation body must—
a: notify the person in writing of the intention to do so and the reasons for it; and
b: give the person a reasonable opportunity to be heard.
7: If the MCMC accreditation body suspends, lifts the suspension of, or revokes a person’s accreditation, it must notify the person in writing of—
a: its decision and the reasons for it; and
b: the effect of section 272P(1) 272Q(1) 272R(1)﻿(a)
8: The chief executive may exercise the powers of the MCMC accreditation body under this section (whether or not that body has exercised those powers in relation to the same person in the same period). Section 272L inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272M: Notification to chief executive by MCMC accreditation body
1: The MCMC accreditation body must notify the chief executive when it does any of the following:
a: accredits a person as a modular component manufacturer certification body:
b: suspends, or lifts the suspension of, a person’s accreditation:
c: revokes a person’s accreditation.
2: The notification must be given—
a: in the manner notified in writing by the chief executive to the MCMC accreditation body; and
b: within 7 days after the event occurs. Section 272M inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Registration of modular component manufacturer certification bodies Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272N: Registration of modular component manufacturer certification body
1: The chief executive may, on application, and on payment of the prescribed fee (if any), register a person as a modular component manufacturer certification body if satisfied that they—
a: are an accredited MCMCB; and
b: meet any prescribed requirements to have adequate means to cover any civil liabilities that may arise in the performance of their functions under this Act; and
c: meet any other prescribed criteria and standards for registration.
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
3: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to register the applicant; and
b: notify the applicant in writing of the decision (including the reasons, if the application is declined). Section 272N inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272O: Audit of registered MCMCB
The chief executive must audit a registered MCMCB at least once in every 3 years to ascertain whether—
a: they continue to meet the criteria for registration in section 272N
b: there are grounds to suspend or revoke their registration under section 272P Section 272O inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272P: Suspension of registration of MCMCB
Automatic suspension
1: A person’s registration as a modular component manufacturer certification body is automatically suspended if their accreditation is suspended under section 272L Suspension by chief executive
2: The chief executive may suspend a person’s registration as a modular component manufacturer certification body if satisfied that they—
a: no longer meet the criteria for registration in section 272N
b: have failed to comply with any MCM scheme rules.
3: However, if—
a: regulations made for the purposes of section 272N(1)﻿(b) or (c)
b: a person ceases to meet the criteria in section 272N the chief executive cannot suspend their registration under subsection (2)﻿(a) unless 3 months have elapsed since those amendments came into force.
4: Before suspending a person’s registration under subsection (2), the chief executive must—
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard. Notification
5: If a person’s registration is suspended under subsection (1) or (2), the chief executive must—
a: notify them in writing of the suspension (including the reasons for it and the effect of section 272R(1)﻿(b)
b: update the register accordingly; and
c: take all reasonable steps to notify certified MCMs for whom the person is the responsible MCMCB. Section 272P inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272Q: Lifting of suspension of registration of MCMCB
Automatic suspension
1: If a person’s registration is suspended under section 272P(1) Suspension by chief executive
2: If a person’s registration is suspended under section 272P(2)
a: again meet the criteria for registration in section 272N
b: have otherwise rectified the failure that led to the suspension.
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly. Section 272Q inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272R: Revocation of registration of MCMCB
1: A person’s registration as a modular component manufacturer certification body is automatically revoked if—
a: their accreditation is revoked under section 272L
b: their registration is suspended under section 272P(2)
2: However, if—
a: a person’s registration was suspended under section 272P(2)
b: within 12 months of the suspension being imposed the person applied under section 272Q(2)
c: at the end of those 12 months the application has not been decided,— the 12-month period referred to in subsection (1)﻿(b) is extended until the application is decided.
3: If a person’s registration is revoked, the chief executive must—
a: notify them in writing of the revocation (including the reasons for it); and
b: remove their name from the register. Section 272R inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272S: Urgent suspension of registration of MCMCB
1: The chief executive may suspend a person’s registration as a modular component manufacturer certification body if the chief executive has reasonable grounds to suspect that—
a: they have—
i: certified a manufacturer knowing that its modular components are likely to cause injury or death even if used in accordance with the manufacturer’s instructions; or
ii: certified as a modular component manufacturer a person who does not meet the criteria for certification in section 272U
iii: otherwise failed to properly exercise their powers or perform their functions; and
b: that conduct creates a risk of injury or death to any person or a risk to public safety that is sufficient to justify the immediate suspension of the person’s registration.
2: The chief executive may suspend the person’s registration without giving them prior notice.
3: If a person’s registration is suspended under this section, the chief executive must—
a: notify them in writing of the suspension (including the reasons for it); and
b: update the register accordingly; and
c: take all reasonable steps to notify certified MCMs for whom the person is the responsible MCMCB; and
d: conduct an investigation under section 272T Section 272S inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272T: Investigation following urgent suspension
1: After suspending a person’s registration under section 272S
a: they have engaged in conduct referred to in section 272S(1)﻿(a)
b: there are grounds to suspend or revoke the person’s accreditation or registration under section 272L 272P
2: The investigation may be conducted by the MCMC accreditation body on behalf of the chief executive.
3: After completing the investigation, the chief executive must do 1 of the following:
a: lift the suspension:
b: suspend or revoke the person’s accreditation under section 272L
c: suspend the person’s registration under section 272P
4: If the chief executive has not done any of the things mentioned in subsection (3) before the expiry of 6 months from when the urgent suspension was imposed, that suspension is lifted on the expiry of those 6 months.
5: If the person’s suspension is lifted under subsection (3)﻿(a) or (4), the chief executive must—
a: notify them in writing of the lifting of the suspension; and
b: update the register accordingly.
6: This section does not limit the chief executive in taking any other investigative or enforcement action under this Act the chief executive considers appropriate. Section 272T inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Certification of modular component manufacturers Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272U: Certification of modular component manufacturer
1: A registered MCMCB may, on application, and on payment of the prescribed fee (if any), certify a person as a modular component manufacturer if satisfied that they—
a: have the ability to competently and reliably—
i: manufacture modular components of the kind the person is to be certified to manufacture to a standard that complies with the building code; and
ii: design modular components of the kind (if any) the person is to be certified to design to a standard that complies with the building code; and
b: have policies, procedures, and systems that—
i: will result in them performing their functions as required by paragraph (a); and
ii: comply with any requirements prescribed by regulations made under section 402(1)﻿(uc)﻿(i)﻿(A)
c: comply with any other criteria and standards for certification prescribed by regulations made under section 402(1)﻿(uc)﻿(i)﻿(B)
d: comply with any MCM scheme rules made under section 272ZG(3)
2: The certification must specify—
a: the kinds of modular components the person is certified to manufacture; and
b: the kinds of modular components (if any) the person is certified to design.
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: set out—
i: the kinds of modular components that the person seeks to be certified to manufacture; and
ii: the kinds of modular components (if any) that the person seeks to be certified to design; and
d: include the prescribed information (if any). Section 272U inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272V: Audit of certified MCM
1: A registered MCMCB must audit each certified MCM for whom it is the responsible MCMCB—
a: at least once in every 12 months; and
b: more frequently if required by the regulations.
2: However, subsection (1) does not apply in relation to the audit required for a particular period if another registered MCMCB has audited the modular component manufacturer in that period.
3: A registered MCMCB may audit a certified MCM for whom it is not the responsible MCMCB at the request of the certified MCM.
4: The purpose of an audit is to ascertain whether—
a: the modular component manufacturer continues to meet the criteria for certification in section 272U
b: there are grounds to suspend or revoke the person’s certification under section 272W
5: In carrying out an audit, a registered MCMCB must—
a: take into account any matters specified in regulations made under section 402(1)﻿(uc)﻿(ii)﻿(B)
b: comply with any other requirements prescribed by regulations made under section 402(1)﻿(uc)﻿(ii)﻿(C) Section 272V inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272W: Suspension or revocation of certification of MCM
1: The responsible MCMCB for a certified MCM may suspend or revoke the person’s certification if satisfied that they—
a: no longer meet the criteria for certification in section 272U
b: have failed to comply with any MCM scheme rules; or
c: have not been audited within the previous 12 months (or any shorter period prescribed for the purposes of section 272V(1)﻿(b)
2: Subsection (1)﻿(b) does not apply if the person has been certified for less than 12 months (or the shorter prescribed period).
3: However, if—
a: regulations made for the purposes of section 272U(1)﻿(b)﻿(ii) or (c)
b: a person ceases to meet the criteria in section 272U the responsible MCMCB cannot suspend or revoke their certification under subsection (1)﻿(a) unless 3 months have elapsed since those amendments came into force.
4: The period of a suspension must allow the person a reasonable period to again meet the criteria in section 272U
5: The responsible MCMCB must lift the suspension of a person’s certification if satisfied that they again meet those criteria or have been audited.
6: If the suspension is not lifted before the end of the suspension period, the responsible MCMCB may revoke the certification.
7: Before suspending or revoking a person’s certification, the responsible MCMCB must—
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard.
8: If the responsible MCMCB suspends, lifts the suspension of, or revokes a person’s certification, it must notify the person in writing of—
a: its decision and the reasons for it; and
b: the effect of section 272ZA(1) 272ZB(1) 272ZC(1)﻿(a)
9: If a person’s certification is suspended or revoked, the responsible MCMCB must notify them in writing of the suspension or revocation and the reasons for it.
10: The chief executive may exercise the powers of a responsible MCMCB under this section (whether or not the responsible MCMCB has exercised those powers in relation to the same manufacturer in the same period). Section 272W inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272X: Notification to chief executive by registered MCMCB
1: A registered MCMCB must notify the chief executive when it does any of the following:
a: certifies a person as a modular component manufacturer:
b: suspends, or lifts the suspension of, a person’s certification:
c: revokes a person’s certification:
d: becomes the responsible MCMCB for a modular component manufacturer as a result of carrying out an audit under section 272V(3)
2: The notification must be given—
a: in the manner notified in writing by the chief executive to the registered MCMCB; and
b: within 7 days after the event occurs. Section 272X inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Registration of modular component manufacturers Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272Y: Registration of modular component manufacturer
1: The chief executive may, on application, and on payment of the prescribed fee (if any), register a person as a modular component manufacturer if satisfied that they—
a: are a certified MCM; and
b: meet any prescribed requirements to have adequate means to cover any civil liabilities that may arise in relation to their manufacture and design (if applicable) of modular components; and
c: comply with any other prescribed criteria and standards for registration.
2: A person who is registered under subsection (1) is a registered MCM only in respect of—
a: the manufacture of modular components of the kind they are certified to manufacture under section 272U
b: the design of modular components of the kind (if any) they are certified to design under section 272U
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to register the applicant; and
b: notify the applicant in writing of the decision (including the reasons, if the application is declined). Section 272Y inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272Z: Audit of registered MCM
The chief executive must audit a registered MCM at least once in every 3 years to ascertain whether—
a: they continue to meet the criteria for registration in section 272Y
b: there are grounds to suspend the person’s registration under section 272ZA Section 272Z inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZA: Suspension of registration of MCM
Automatic suspension
1: A person’s registration as a modular component manufacturer is automatically suspended if their certification is suspended under section 272W Suspension by chief executive
2: The chief executive may suspend a person’s registration as a modular component manufacturer if satisfied that—
a: the person no longer meets the criteria for registration in section 272Y
b: the person has failed to comply with any MCM scheme rules; or
c: the responsible MCMCB for the person has failed to comply with any MCM scheme rules.
3: However, if—
a: regulations made for the purposes of section 272Y(1)﻿(b) or (c)
b: a person ceases to meet the criteria in section 272Y the chief executive cannot suspend their registration under subsection (2) unless 3 months have elapsed since those amendments came into force.
4: Before suspending a person’s registration under subsection (2), the chief executive must—
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard. Notification
5: If a person’s registration is suspended under subsection (1) or (2), the chief executive must—
a: notify them in writing of the suspension (including the reasons for it and the effect of section 272ZC(1)﻿(b)
b: update the register accordingly. Section 272ZA inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZB: Lifting of suspension of registration of MCM
Automatic suspension
1: If a person’s registration is suspended under section 272ZA(1) Suspension by chief executive
2: If a person’s registration is suspended under section 272ZA(2)
a: in the case of a suspension under section 272ZA(2)﻿(a) or (c) section 272Y
b: in the case of a suspension under section 272ZA(2)﻿(b)
3: The application must—
a: be made in writing by the modular component manufacturer; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: However, the fee (if any) is not payable if the person’s registration was suspended under section 272ZA(2)﻿(c)
5: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly. Section 272ZB inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZC: Revocation of registration of MCM
1: A person’s registration as a modular component manufacturer is automatically revoked if—
a: their certification is revoked under section 272W
b: their registration is suspended under section 272ZA(2)
2: However, if—
a: a person’s registration was suspended under section 272ZA(2)
b: within 12 months of the suspension being imposed the person applied under section 272ZB(2)
c: at the end of those 12 months the application has not been decided,— the 12-month period referred to in subsection (1)﻿(b) is extended until the application is decided.
3: If a person’s registration is revoked, the chief executive must—
a: notify them in writing of the revocation (including the reasons for it); and
b: remove their name from the register. Section 272ZC inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZD: Urgent suspension of registration of MCM
1: The chief executive may suspend a person’s registration as a modular component manufacturer if the chief executive has reasonable grounds to suspect that—
a: they have—
i: manufactured modular components that are likely to cause injury or death even if used in accordance with the manufacturer’s instructions; or
ii: in connection with their modular components, failed to comply with this Act or any MCM scheme rules; and
b: that conduct creates a risk of injury or death to any person or a risk to public safety that is sufficient to justify the immediate suspension of the person’s registration.
2: The chief executive may suspend the person’s registration without giving them prior notice.
3: If a person’s registration is suspended under this section, the chief executive must—
a: notify them in writing of the suspension (including the reasons for it); and
b: update the register accordingly; and
c: conduct an investigation under section 272ZE Section 272ZD inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZE: Investigation following urgent suspension
1: After suspending a person’s registration under section 272ZD
a: they have engaged in conduct referred to in section 272ZD
b: there are grounds to suspend or revoke the person’s certification or registration under section 272W 272ZA
2: The investigation may be conducted by the MCMC accreditation body on behalf of the chief executive.
3: After completing the investigation, the chief executive must do 1 of the following:
a: lift the suspension:
b: suspend or revoke the person’s certification under section 272W
c: suspend the person’s registration under section 272ZA(2)
4: If the chief executive has not done any of the things mentioned in subsection (3) before the expiry of 6 months from when the urgent suspension was imposed, that suspension is lifted on the expiry of those 6 months.
5: If the person’s suspension is lifted under subsection (3)﻿(a) or (4), the chief executive must—
a: notify them in writing of the lifting of the suspension; and
b: update the register accordingly.
6: This section does not limit the chief executive in taking any other investigative or enforcement action under this Act the chief executive considers appropriate. Section 272ZE inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Manufacturer’s certificates for modular components Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZF: Registered MCM may issue certificate for modular components
1: A registered MCM who is certified to manufacture a modular component may issue a certificate for that component relating to its compliance with the building code or relevant building consent for the purposes of 1 or more of sections 19(1)﻿(da) 45(1)﻿(bb) or (bc) 92(3) or (3A)
2: The certificate must—
a: be in the form (if any) approved by the chief executive; and
b: include the prescribed information; and
c: be issued in accordance with any prescribed requirements.
3: The certificate—
a: takes effect when it is issued by the manufacturer; and
b: remains current until the first of the following occurs:
i: the manufacturer revokes the certificate:
ii: the manufacturer ceases to be a registered MCM.
4: Regulations prescribing requirements for subsection (2)—
a: may prescribe requirements for all modular components or any class or classes of modular components:
b: may prescribe different requirements for different modular components or classes of modular components:
c: may prescribe different requirements for different manufacturers or classes of manufacturers:
d: may prescribe different requirements depending on when the certificate is issued:
e: may otherwise make different provision for different cases on any differential basis. Section 272ZF inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 MCM scheme rules Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZG: MCM scheme rules
1: The chief executive may make rules for the operation of the modular component manufacturer certification scheme under this subpart.
2: The rules may (without limitation) include rules relating to 1 or more of the following:
a: how the scheme parties are to perform their functions under this Act:
b: how modular component manufacturers are to be evaluated:
c: resolution of disputes between scheme parties:
d: procedural and administrative matters.
3: The rules may also supplement regulations made under section 402(1)﻿(ub)﻿(i), (ii)﻿(B), or (ii)﻿(C), or (uc)﻿(i), (ii)﻿(B), or (ii)﻿(C)
4: However, the chief executive must not make rules under subsection (3) unless satisfied that the rules—
a: set out matters of detail to elaborate on matters provided for in the regulations; or
b: set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
c: set out how requirements imposed by the regulations may or must be met; or
d: otherwise supplement matters of general principle set out in the regulations.
5: In this section, scheme party
a: the MCMC accreditation body:
b: an accredited MCMCB:
c: a registered MCMCB:
d: a certified MCM:
e: a registered MCM.
6: Rules made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 272ZG inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZH: Procedure for making MCM scheme rules
1: Before making MCM scheme rules, the chief executive must—
a: publicly notify the proposal to make the rules; and
b: give persons at least 20 working days to make submissions on the proposal; and
c: consider those submissions.
2: The notice must include the following:
a: a detailed statement of the proposed rules, including any transitional arrangements (which may, but need not, include a copy of the proposed rules):
b: the reasons for making the rules:
c: the date on which the rules will come into force:
d: details of how, and by when, submissions may be made.
3: The chief executive need not comply with subsection (1) in relation to an amendment of the rules if satisfied that the amendment will not adversely affect the substantial interests of any person. Section 272ZH inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Offences relating to modular component manufacturer scheme Heading inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZI: Offence to misrepresent status
1: A person who is not the MCMC accreditation body must not perform any of the functions of that body.
2: A person who is not a registered MCMCB must not perform any of the functions of a registered MCMCB.
3: A person who fails to comply with subsection (1) or (2)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
4: A person must not, in any other way, represent themselves as being any of the following if that is not the case:
a: the MCMC accreditation body:
b: authorised to accredit modular component manufacturer certification bodies:
c: an accredited MCMCB:
d: a registered MCMCB:
e: authorised to certify modular component manufacturers:
f: a certified MCM:
g: a registered MCM.
5: A person who fails to comply with subsection (4)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000. Section 272ZI inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
272ZJ: Offence to misrepresent modular component as manufactured by registered MCM
1: A person must not misrepresent a modular component as being any of the following if that is not the case:
a: manufactured by a registered MCM:
b: a modular component to which section 19(1)﻿(da)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000. Section 272ZJ inserted 7 September 2022 section 68 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
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:
aab: a register of earthquake-prone buildings for the purposes of subpart 6A EPB register
a: a register of building consent authorities for the purposes of section 191
b:
c: a register of accredited dam owners notified to the chief executive under section 260
d: a register of product certification bodies for the purposes of sections 267A to 267E
e: a register of product certificates for the purposes of sections 272A to 272D
f: a register of modular component manufacturer certification bodies for the purposes of sections 272N to 272T
g: a register of modular component manufacturers for the purposes of sections 272Y to 272ZE
2: The chief executive must—
a: make each register available for public inspection, without fee, at reasonable hours at the head office of the Ministry; and
b: supply to any person, on request and on payment of a reasonable charge, a copy of each register or part of each register.
3: 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.
3A: The EPB register must be kept in a manner that enables territorial authorities, as well as the chief executive, to record and update information in the register.
4: Each register must be operated at all reasonable times unless—
a: the chief executive suspends the operation of the register, in whole or in part, in accordance with subsection (5); or
b: otherwise provided in regulations made under section 402
5: The chief executive may refuse access to a register or otherwise suspend the operation of the register, in whole or in part, if the chief executive considers that it is not practical to provide access to the register. 1991 No 150 s 53(1) Section 273(1)﻿(aaa) inserted 1 February 2010 section 27 Building Amendment Act 2009 Section 273(1)﻿(aab) inserted 1 July 2017 section 34(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 273(1)﻿(b) repealed 14 April 2005 section 20(1) Building Amendment Act 2005 Section 273(1)﻿(d) replaced 7 September 2022 section 69 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 273(1)﻿(e) replaced 7 September 2022 section 69 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 273(1)﻿(f) inserted 7 September 2022 section 69 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 273(1)﻿(g) inserted 7 September 2022 section 69 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 273(3A) inserted 1 July 2017 section 34(2) Building (Earthquake-prone Buildings) Amendment Act 2016
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 multiple-use approvals, together with a description of each approval and any conditions that have been imposed; and
iab: in the case of the EPB register, information relating to buildings or parts of buildings that territorial authorities have determined to be earthquake prone; and
i: in the case of the register of building consent authorities, the names and contact details of those building consent authorities and, if applicable, the scope of their accreditation; and
ii:
iii: in the case of the register of accredited dam owners, the names and contact details of those dam owners; and
iv: in the case of the register of product certification bodies, the names and contact details of registered PCBs and persons whose registration as a product certification body is suspended; and
v: in the case of the register of product certificates, which building products and building methods have registered product certificates; and
vi: in the case of the register of modular component manufacturer certification bodies, the names and contact details of registered MCMCBs and persons whose registration as a modular component manufacturer certification body is suspended; and
vii: in the case of the register of modular component manufacturers, the following details of registered MCMs and persons whose registration as a modular component manufacturer is suspended:
A: their name and contact details; and
B: the kind of modular components they are certified to manufacture; and
C: the kind of modular components (if any) they are certified to design.
b: to facilitate the compliance, audit, and other supporting and administrative functions of the chief executive and other persons and bodies Section 274(a)﻿(iaa) inserted 1 February 2010 section 28 Building Amendment Act 2009 Section 274(a)﻿(iab) inserted 1 July 2017 section 35 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 274(a)﻿(ii) repealed 14 April 2005 section 20(2) Building Amendment Act 2005 Section 274(a)﻿(iv) replaced 7 September 2022 section 70(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 274(a)﻿(v) replaced 7 September 2022 section 70(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 274(a)﻿(vi) inserted 7 September 2022 section 70(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 274(a)﻿(vii) inserted 7 September 2022 section 70(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 274(b) amended 7 September 2022 section 70(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
275: Content of register of building consent authorities
The register of building consent authorities referred to in section 273(1)﻿(a)
a: details of any limits imposed by the chief executive, under section 203C
b: any prescribed information:
c: in the case of building consent authorities that are not territorial authorities, the scope of accreditation of each of those authorities. 1991 No 150 s 53(2) Section 275(a) amended 7 September 2022 section 71 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
275A: Content of EPB register
1: The EPB register must contain the following information for each building or part of a building that a territorial authority determines is earthquake prone:
a: the name of the territorial authority that made the decision:
b: the address of, and any other details necessary to identify, the building or the part of the building determined to be earthquake prone:
c: whether the building is a priority building:
d: the date of the EPB notice issued for the building or part:
e: the earthquake rating of the building or part, as determined by the territorial authority:
f: the deadline for completing seismic work that applies under section 133AM section 133AN
g: the details of any exemption from the requirement to carry out seismic work that is in force under section 133AN
h: the details of any extension of time for completing seismic work that is in force under section 133AO section 133AO(5)﻿(b)
i: any information prescribed under section 401C(e)
2: If the territorial authority is proceeding under section 133AK(4)
a: subsection (1)﻿(e) does not apply; and
b: the register must contain statements to the following effect:
i: that the territorial authority has not determined whether the building or part is earthquake prone, but is proceeding as if it had because the owner has not provided an engineering assessment; and
ii: that the EPB notice issued for the building or part is in the form prescribed for the category of earthquake ratings that includes the lowest earthquake ratings ( see section 401C(a)
iii: that the earthquake rating of the building or part has not been determined. Section 275A inserted 1 July 2017 section 36 Building (Earthquake-prone Buildings) Amendment Act 2016
275B: Modification of chief executive’s obligation to make EPB register available for public inspection
1: This section applies to information that is required to be kept in the EPB register by regulations made under section 401C(e) prescribed information
2: Despite section 273(2)
3: However, the chief executive may supply any prescribed information contained in the EPB register to an entity in the State services (within the meaning of the Public Service Act 2020
4: This section does not limit the Official Information Act 1982 Section 275B inserted 1 July 2017 section 36 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 275B(3) amended 7 August 2020 section 135 Public Service Act 2020 Chief executive may review territorial authorities
276: Review of territorial authorities
1: The chief executive may, on his or her own initiative or at the request of the Minister, conduct a review of either or both of the following matters:
a: whether a territorial authority is properly performing its functions and duties under this Act:
b: whether a territorial authority is properly exercising its powers under this Act.
2: The chief executive must—
a: give the territorial authority a reasonable opportunity to make written submissions on the review; and
b: consider those submissions (if any).
3: 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 performing its functions or duties under this Act:
ii: the territorial authority is not properly exercising its powers under this Act; and
b: if paragraph (a) applies, state in the report the facts on which that belief is based. 1991 No 150 s 15 Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority
277: Non-performance by territorial authority
1: This section applies if the Minister considers, in accordance with section 278
2: 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 functions or duties under this Act:
b: exercising all or any of the territorial authority's powers under this Act. 1991 No 150 s 29(1)
278: Criteria for appointment or renewal of appointment
1: In determining whether an appointment under section 277
2: If the Minister makes an appointment under that section, he or she must, in determining whether the appointment should be renewed,—
a: consider the matter specified in subsection (1); and
b: revoke the appointment and direct the territorial authority 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 doing so.
3: If subsection (2)﻿(b) applies, the Minister must give the person appointed under section 277 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
b: this Act applies accordingly. 1991 No 150 s 29(3)
280: Costs may be recovered from territorial authority
1: This section applies to all costs, charges, and expenses incurred by—
a: the Minister for the purposes of section 277
b: a person appointed under that section in performing any functions or duties, or exercising any powers, of a territorial authority.
2: The costs, charges, and expenses to which this section applies—
a: may be recovered from the territorial authority concerned as a debt due to the Minister; or
b: may be deducted from any money payable to that territorial authority by the Minister. 1991 No 150 s 29(4)
281: Requirements for appointment
1: The Minister—
a: may make an appointment under section 277
b: must specify the period for which the appointment is made.
2: The appointment may—
a: be on any terms and conditions that the Minister thinks fit; and
b: be renewed in accordance with section 278
3: A person appointed under section 277 1991 No 150 s 29(2), (5), (6)
9: Fees, charges, and additional costs
Subpart 9 inserted 13 March 2012 section 65 Building Amendment Act 2012
281A: What fees and charges may be imposed
1: This section applies when a territorial authority, building consent authority, or a regional authority (in this section and in sections 281B to 281D authority section 219 240 243
2: Each authority has a discretion as to how the fee or charge is charged or set and how it may be paid or collected, and may (by way of example and without limiting an authority's discretion)—
a: charge a fixed or variable fee:
b: require a deposit and then further payment:
c: require full payment at the outset:
d: charge on the basis of an hourly rate or any other rate or method of charging.
3: An authority may impose a fee or charge whether or not the function or service in question is performed on the application of another person or on the initiative of the authority itself. Section 281A inserted 13 March 2012 section 65 Building Amendment Act 2012
281B: Authority may increase fee or charge to meet additional cost
1: If a fee or a charge imposed by an authority for a function or service performed by the authority under this Act is, in any particular case, inadequate to meet the authority’s actual and reasonable costs in performing that function or service, the authority may increase the amount of the fee or charge to meet the additional cost.
2: The authority must, on request by the person liable to pay the increased fee or charge, provide an estimate of the increase in the fee or charge. Section 281B inserted 13 March 2012 section 65 Building Amendment Act 2012
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 13 March 2012 section 65 Building Amendment Act 2012
281D: Validity of previous fees, charges, and additional costs
1: This section applies to a fee, charge, or additional cost that was imposed by, paid to, or collected by an authority before the commencement of this section.
2: Any question relating to the validity of the fee, charge, or additional cost must be determined as if sections 281A 281B
3: Nothing in this section affects the validity of a fee, charge, or additional cost that is the subject of a proceeding that was commenced before the commencement of this section. Section 281D inserted 13 March 2012 section 65 Building Amendment Act 2012
4: Regulation of building practitioners
1: Preliminary
Definitions
282: Definitions for this Part
In this Part, unless the context otherwise requires,— appeal authority
a: in relation to an appeal against a decision of the Registrar under section 330(1)
b: in relation to an appeal against a decision of the Board under section 330(2) applicable minimum standards for licensing
a: apply to the licensing class
b: are contained in the rules Board section 341 building inspection work
a: the assessment and approval of building design documents:
b: the undertaking of inspections of building work:
c: the issuing of building consents:
d: determining compliance with a building consent:
e: inspection, maintenance, or reporting procedures stated in a compliance schedule decision
a: any action taken under section 318
b: an order decision-maker disciplinary matter LBP standards section 353 register section 298 Registrar section 310 Section 282 applicable minimum standards for licensing amended 15 March 2008 section 54(1) Building Amendment Act 2008 Section 282 building inspection work replaced 15 March 2008 section 54(2) Building Amendment Act 2008 Purposes of licensing Heading inserted 15 March 2008 section 55 Building Amendment Act 2008
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 certain skills and knowledge relevant to building work; and
b: to license building practitioners so that, in regard to restricted building work, licensed building practitioners can carry it out or supervise it. Section 282A inserted 15 March 2008 section 55 Building Amendment Act 2008 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
b: comply with the principles of natural justice; and
c: comply with any applicable procedures under the rules; and
d: comply with the regulations. 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 decisions under this Part. 2002 No 17 s 26
2: Licensing and disciplining of building practitioners
Licensing classes Heading replaced 15 March 2008 section 56 Building Amendment Act 2008
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: building work:
b: 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.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 285 replaced 15 March 2008 section 56 Building Amendment Act 2008 Section 285(2) inserted 13 March 2012 section 67 Building Amendment Act 2012 Section 285(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 How to become licensed
286: Entitlement to
be licensed An individual is entitled to be licensed as a building practitioner if the individual satisfies the Registrar—
a: that he or she meets the applicable minimum standards for licensing; and
b: that he or she is not precluded from being licensed section 318
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 cancelled in respect of a disciplinary matter at any time within the last 5 years; and
d: that he or she has paid the prescribed fee. Section 286 heading amended 15 March 2008 section 57(1) Building Amendment Act 2008 Section 286(b) amended 15 March 2008 section 57(2) Building Amendment Act 2008
287: Applications
to become licensed An application to become licensed Section 287 heading amended 15 March 2008 section 58(1) Building Amendment Act 2008 Section 287 amended 15 March 2008 section 58(2) Building Amendment Act 2008
288: Registrar to license applicant or decline application
1: If the Registrar is satisfied that the applicant is entitled, under section 286
a: license the applicant; and
b: send to the applicant evidence that he or she has been licensed
c: enter that person's name in the register; and
d: issue a unique identifier (for example, a registration number) to the applicant, and notify the applicant what that identifier is.
2: 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: the Registrar's decision; and
b: the applicant's right of appeal against the decision.
3: Subsection (2) does not limit section 283 Section 288(1)﻿(a) replaced 15 March 2008 section 59(1) Building Amendment Act 2008 Section 288(1)﻿(b) amended 15 March 2008 section 59(2) Building Amendment Act 2008 Provisions relating to licences
289: Duty to produce evidence of
being licensed
1: 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 building practitioner section 288(1)﻿(b)
b: a copy of that evidence.
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $50,000. Section 289 heading amended 15 March 2008 section 60(1) Building Amendment Act 2008 Section 289(1)﻿(a) amended 15 March 2008 section 60(2) Building Amendment Act 2008 Section 289(2) inserted 8 June 2021 section 72 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
290: Term of being licensed
Licensing continues in force until it is cancelled or suspended under this subpart. Section 290 replaced 15 March 2008 section 61 Building Amendment Act 2008 Automatic licensing of certain professions
291: Automatic licensing of people registered under other enactments
1: 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 were licensed in
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.
4: The licensing provisions of this subpart do not apply to a person 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 15 March 2008 section 62(1) Building Amendment Act 2008 Section 291(3) replaced 15 March 2008 section 62(2) Building Amendment Act 2008 Section 291(4) replaced 15 March 2008 section 62(2) Building Amendment Act 2008 Continuation of licensing
292: Licensed building practitioner must meet applicable minimum standards for licensing to continue
1: 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 minimum standards for licensing.
2: That assessment must be made in the manner required by the rules.
3: A licensed building practitioner who continues to meet those standards is entitled to the continuation of his or her licensing section 303 Section 292 heading amended 15 March 2008 section 63(1) Building Amendment Act 2008 Section 292(3) amended 15 March 2008 section 63(2) Building Amendment Act 2008
293: Consequences of failure to meet applicable minimum standards for licensing
1: If, after making an assessment under section 292
a: suspend the person's licensing
b: record the suspension in the register.
2: 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: cancel the person's licensing
b: remove the person's name from the register. Section 293(1)﻿(a) amended 15 March 2008 section 64 Building Amendment Act 2008 Section 293(2)﻿(a) amended 15 March 2008 section 64 Building Amendment Act 2008 Licensing cancellation and suspension Heading replaced 15 March 2008 section 65 Building Amendment Act 2008
294: Cancellation of
licensing The Registrar must cancel a person's licensing
a: if the person, by written notice, requests the Registrar to cancel his or her licensing
b: in accordance with section 293(2)
c: in accordance with section 318
d: in accordance with section 319 Section 294 heading amended 15 March 2008 section 66(1) Building Amendment Act 2008 Section 294 amended 15 March 2008 section 66(2) Building Amendment Act 2008 Section 294(a) amended 15 March 2008 section 66(2) Building Amendment Act 2008
295: Mandatory licensing suspension
1: The Registrar must suspend a person's licensing section 293(1)
2: 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 section 318 licensing
b: record that suspension in the register.
3: The Board must suspend a person's licensing
a: section 318
b: section 319 Section 295 heading replaced 15 March 2008 section 67(1) Building Amendment Act 2008 Section 295(1) amended 15 March 2008 section 67(2) Building Amendment Act 2008 Section 295(2)﻿(a) amended 15 March 2008 section 67(2) Building Amendment Act 2008 Section 295(3) amended 15 March 2008 section 67(2) Building Amendment Act 2008
296: Voluntary licensing suspension
1: A licensed building practitioner may, by written notice, request the Registrar to suspend his or her licensing
2: The Registrar must then suspend that person's licensing
3: A person whose licensing licensing
4: The Registrar must then revive that person's licensing licensing Section 296 heading replaced 15 March 2008 section 68(1) Building Amendment Act 2008 Section 296(1) amended 15 March 2008 section 68(2) Building Amendment Act 2008 Section 296(2) amended 15 March 2008 section 68(2) Building Amendment Act 2008 Section 296(3) amended 15 March 2008 section 68(2) Building Amendment Act 2008 Section 296(4) amended 15 March 2008 section 68(2) Building Amendment Act 2008
297: Effect of licensing suspension
1: A person is not a licensed building practitioner, for the purposes of this Act, for the period for which his or her licensing
2: At the end of the period of suspension, the person's licensing licensing Section 297 heading replaced 15 March 2008 section 69(1) Building Amendment Act 2008 Section 297(1) amended 15 March 2008 section 69(2) Building Amendment Act 2008 Section 297(2) amended 15 March 2008 section 69(2) Building Amendment Act 2008 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
2: The Registrar must enter in the register—
a: the name of every licensed building practitioner; and
b: the information about that person that is specified in section 301
3: 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 15 March 2008 section 70 Building Amendment Act 2008
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 building practitioner and, if so, the status and relevant history of the person's licensing
ii: choose a suitable building practitioner from a list of licensed building practitioners; and
iii: know how to contact the building practitioner; and
iv: know which licensed building practitioners have been disciplined within the last 3 years; and
b: to facilitate the administrative, disciplinary, and other functions of the Board and the Registrar under this Act. Section 299(a)﻿(i) amended 15 March 2008 section 71 Building Amendment Act 2008
300: Form of register
1: The register may be kept—
a: as an electronic register; or
b: in any other manner that the Registrar thinks fit.
2: 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
b: otherwise provided in the regulations.
3: 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 Section 300(3) amended 15 March 2008 section 72 Building Amendment Act 2008
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: full name:
b: any aliases:
c: date of birth:
d: address for communications under this Act:
e: residential address:
f: name of any company or body corporate that is associated with the licensed building practitioner (for example, that person's employer or the company of which that person is a director):
g: email and website address:
h: phone number:
i: fax number:
j: any unique identifier issued by the Registrar (for example, a registration number):
k: any other prescribed information:
l: information about the status and history of the person's licensing
i: the class in which the person is licensed
ii: the date on which the person's name was entered in the register; and
iii: any action taken under section 318
m: any other information that the Registrar considers necessary or desirable for the purpose of the register.
2: The register must also show—
a: whether a person’s licensing
b: 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 practitioner, or on another ground); and
ii: the period of suspension; and
iii: any conditions for termination of the suspension. Section 301(1)﻿(l) amended 15 March 2008 section 73(1) Building Amendment Act 2008 Section 301(1)﻿(l)﻿(i) amended 15 March 2008 section 73(2) Building Amendment Act 2008 Section 301(2)﻿(a) amended 15 March 2008 section 73(3) Building Amendment Act 2008 Updates of register
302: Obligation to notify Registrar of change in circumstances
1: Each person applying to become licensed
2: Change of circumstances
a: means any change in the information that the person has provided to the Registrar under this subpart; and
b: includes any change that may be prescribed (if any).
3: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $5,000. Section 302(1) amended 15 March 2008 section 74 Building Amendment Act 2008 Section 302(3) inserted 8 June 2021 section 73 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
303: Registrar must contact licensed building practitioners on annual basis
1: 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
b: 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.
2: The licensed building practitioner must, within 20 working days of being contacted,—
a: reply to both questions, and supply any information necessary to ensure that the information shown on the register is correct; and
b: pay to the Registrar the prescribed levy.
3: If a licensed building practitioner does not comply with subsection (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
4: If the licensed building practitioner does not do so, the Registrar must—
a: suspend the person's licensing
b: record the suspension in the register.
5: If the licensed building practitioner does not comply with subsection (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: cancel the person's licensing
b: remove the person's name from the register.
6: The levy may be applied to costs and other expenses incurred in the licensing and disciplining of building practitioners under this Act, including the costs of the operation and administration of the Board. Section 303(3) amended 15 March 2008 section 75(1) Building Amendment Act 2008 Section 303(4)﻿(a) amended 15 March 2008 section 75(2) Building Amendment Act 2008 Section 303(5)﻿(a) amended 15 March 2008 section 75(3) Building Amendment Act 2008 Section 303(6) inserted 13 March 2012 section 68 Building Amendment Act 2012
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
b: 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. 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 section 69 Section 308 amended 1 December 2020 section 217 Privacy Act 2020
309: Search fees
1: The Registrar may charge a fee for searches of the register.
2: The fee may be prescribed by the regulations, or may be determined 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 Public Service Act 2020 Section 310 amended 7 August 2020 section 135 Public Service Act 2020
311: Functions of Registrar
The functions of the Registrar are—
a: to establish and maintain the register; and
b: to make decisions about whether persons meet the requirements for licensing or continued licensing, to issue, cancel, and suspend persons’ licensing
c: to help the Board to receive and investigate complaints under sections 315 316
d: to provide other administrative support for the Board sufficient to enable the Board to perform its functions efficiently and effectively; and
e: to perform any other function conferred on the Registrar by this Act or any other enactment. Section 311(b) amended 15 March 2008 section 76 Building Amendment Act 2008 Section 311(c) replaced 14 April 2005 section 21 Building Amendment Act 2005 Section 311(d) replaced 14 April 2005 section 21 Building Amendment Act 2005 Section 311(e) inserted 14 April 2005 section 21 Building Amendment Act 2005
312: Power of Registrar to delegate
1: The Registrar may delegate to any person (whether an employee of the State services or not), either generally or particularly, 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 that the Registrar thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Registrar.
3: A person to whom any functions, duties, or powers are delegated 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 subsection (2) is for all purposes conclusive evidence, in the absence of proof to the contrary, of those matters specified in the certificate.
2: The matters are—
a: that any person was or was not a licensed building practitioner at any particular time or during any period specified in the certificate; or
b: that any entry in the register is as stated in the certificate; or
c: that the description of building work and building inspection work that a person is licensed
3: The certificate must be dated. Section 313(2)﻿(c) amended 15 March 2008 section 77 Building Amendment Act 2008 Offences relating to licensing
314: Offences relating to licensing
1: A person must not hold themselves
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $50,000.
3:
4: Section 314(1) amended 8 June 2021 section 74(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 314(2) replaced 8 June 2021 section 74(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 314(3) repealed 8 June 2021 section 74(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 314(4) repealed 8 June 2021 section 74(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Code of ethics and competence Heading inserted 13 March 2012 section 69 Building Amendment Act 2012
314A: Code of ethics for licensed building practitioners
1: 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.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 314A inserted 13 March 2012 section 69 Building Amendment Act 2012 Section 314A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
314B: Licensed building practitioner must work within competence
A licensed building practitioner must—
a: not misrepresent his or her competence:
b: carry out or supervise building work only within his or her competence. Section 314B inserted 13 March 2012 section 69 Building Amendment Act 2012 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 regulations.
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 practitioner at the time of the relevant conduct. 2002 No 17 s 20
316: Board must investigate complaints
1: The Board must, as soon as practicable after receiving a complaint, investigate the complaint and determine whether or not to proceed with it.
2: However, subsection (3) applies if the Board receives a complaint about a licensed building practitioner—
a: who is a licensed building practitioner only because he or she is treated under section 291 is licensed
b: who is, in the opinion of the Board, subject to a substantially similar or more stringent disciplinary regime by or under that other enactment.
3: The Board may not investigate or proceed with the complaint, but must refer it to the body that is responsible for dealing with complaints under that other enactment. Section 316(2)﻿(a) amended 15 March 2008 section 79 Building Amendment Act 2008
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
a: both of the following matters apply:
i: a licensed building practitioner has been convicted, whether before or after he or she is licensed, by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 6 months or more; and
ii: the commission of the offence reflects adversely on the person's fitness to carry out or supervise building work or building inspection work; or
b: a licensed building practitioner has carried out or supervised building work or building inspection work in a negligent or incompetent manner; or
c: a licensed building practitioner has carried out (other than as an owner-builder)
d: a licensed building practitioner has carried out or supervised building work or building inspection work that does not comply with a building consent; or
da: a licensed building practitioner has failed, without good reason, in respect of a building consent that relates to restricted building work that he or she is to carry out (other than as an owner-builder) (other than as an owner-builder)
i: to provide a certificate of work
ii: to provide the persons specified in section 88(2) record of work
db: a licensed building practitioner has held himself or herself out as being licensed to carry out or supervise building work or building inspection work of a type that, at that time, he or she was not licensed to carry out or supervise; or
e: 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 misleading in a material particular; or
ii: produced to the Registrar or made use of any document, knowing it to contain a declaration or representation referred to in subparagraph (i); or
iii: produced to the Registrar or made use of any document, knowing that it was not genuine; or
f: a licensed building practitioner has failed, without good reason, to provide to the owner the record of work referred to in clause 1(b) of Schedule 1E clause 1(b) of Schedule 1F
g: a licensed building practitioner has breached the code of ethics prescribed under section 314A
h: a licensed building practitioner has breached section 314B
i: a licensed building practitioner has conducted himself or herself in a manner that brings, or is likely to bring, the regime under this Act for licensed building practitioners into disrepute.
2: The Board may take the action whether or not the person is still a licensed building practitioner. 2002 No 17 s 21 Section 317(1)﻿(c) replaced 15 March 2008 section 80(1) Building Amendment Act 2008 Section 317(1)﻿(c) amended 13 March 2012 section 70(1) Building Amendment Act 2012 Section 317(1)﻿(da) inserted 15 March 2008 section 80(2) Building Amendment Act 2008 Section 317(1)﻿(da) amended 13 March 2012 section 70(2)﻿(a) Building Amendment Act 2012 Section 317(1)﻿(da) amended 13 March 2012 section 70(2)﻿(b) Building Amendment Act 2012 Section 317(1)﻿(da)﻿(i) amended 13 March 2012 section 70(3) Building Amendment Act 2012 Section 317(1)﻿(da)﻿(ii) amended 13 March 2012 section 70(4) Building Amendment Act 2012 Section 317(1)﻿(db) inserted 15 March 2008 section 80(2) Building Amendment Act 2008 Section 317(1)﻿(e) amended 15 March 2008 section 80(3) Building Amendment Act 2008 Section 317(1)﻿(e)﻿(iii) amended 13 March 2012 section 70(5) Building Amendment Act 2012 Section 317(1)﻿(f) inserted 13 March 2012 section 70(6) Building Amendment Act 2012 Section 317(1)﻿(g) inserted 13 March 2012 section 70(6) Building Amendment Act 2012 Section 317(1)﻿(h) inserted 13 March 2012 section 70(6) Building Amendment Act 2012 Section 317(1)﻿(i) inserted 13 March 2012 section 70(6) Building Amendment Act 2012
318: Disciplinary penalties
1: In any case to which section 317
a: do both of the following things:
i: cancel the person's licensing
ii: order that the person may not apply to be relicensed before the expiry of a specified period:
b: suspend the person's licensing licensing
c: restrict the type of building work or building inspection work that the person may carry out or supervise under the person’s licensing class or classes
d: order that the person be censured:
e: order that the person undertake training specified in the order:
f: order that the person pay a fine not exceeding $10,000.
2: The Board may take only 1 type of action in subsection (1)﻿(a) to (d) in relation to a case, except that it may impose a fine under subsection (1)﻿(f) in addition to taking the action under subsection (1)﻿(b) or (d).
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.
4: In any case to which section 317
5: 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. 2002 No 17 s 23 Section 318(1)﻿(a)﻿(i) amended 15 March 2008 section 81(1) Building Amendment Act 2008 Section 318(1)﻿(b) amended 15 March 2008 section 81(2) Building Amendment Act 2008 Section 318(1)﻿(c) amended 15 March 2008 section 81(3) Building Amendment Act 2008
319: Non-payment of fines or costs
If money payable by a person under section 318(1)﻿(f) or (4)
a: cancel the person's licensing
b: suspend the person's licensing licensing Section 319(a) amended 15 March 2008 section 82 Building Amendment Act 2008 Section 319(b) amended 15 March 2008 section 82 Building Amendment Act 2008
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:
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 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.
2: The Registrar must ensure that any staff that the Registrar provides by way of administrative support for the Board have not been involved in assisting the Registrar to perform the functions of the Registrar under this subpart.
322: Board may hear evidence for disciplinary matters
1: In relation to a disciplinary matter, the Board may—
a: receive as evidence any statement, document, information, 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:
b: receive evidence on oath (and for that purpose a member of the Board may administer an oath):
c: 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 otherwise:
d: appoint any persons as special advisers to assist the Board (for example, to advise on technical evidence).
2: A hearing before the Board on a disciplinary matter is a judicial proceeding for the purposes of sections 108 109 2002 No 17 s 27
323: Issuing of summons by Board
1: 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:
a: give evidence:
b: give evidence under oath:
c: produce documents, things, or information, or any specified documents, things, or information, in the possession or control of that person that are relevant to the hearing.
2: 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
b: the documents, things, or information that the person is required to bring and produce to the Board; and
c: 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 reasonable time before the hearing; and
d: the penalty for failing to attend.
3: The Board may require that any documents, things, or information produced under this section be verified by oath, statutory declaration, or otherwise. 2002 No 17 s 29
324: Service of summons
1: A summons may be served—
a: by delivering it personally to the person summoned; or
b: by posting it to the person summoned at that person's usual place of residence.
2: A summons must,—
a: if it is to be served under subsection (1)﻿(a), be served at least 48 hours before the attendance of the witness is required:
b: if it is to be served under subsection (1)﻿(b), be served at least 10 days before the attendance of the witness is required.
3: A summons that is posted is treated as having been served when it would have been delivered in the ordinary course of post. 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
2: 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. 2002 No 17 s 31 Section 325(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
326: Failure to comply with summons
1: A person summoned under section 323 must
a: ; and
b: ; and
c: ; and
d: ; and
e:
2: A person who fails to comply with subsection (1) without sufficient cause—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $5,000.
3: A person must not be convicted of an offence under this section if witnesses' fees, allowances, and expenses to which the person is entitled under section 325 2002 No 17 s 32 Section 326(1) amended 8 June 2021 section 75(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(a) amended 8 June 2021 section 75(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(a) amended 8 June 2021 section 75(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(b) amended 8 June 2021 section 75(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(b) amended 8 June 2021 section 75(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(c) amended 8 June 2021 section 75(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(c) amended 8 June 2021 section 75(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(d) amended 8 June 2021 section 75(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(d) amended 8 June 2021 section 75(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(1)﻿(e) amended 8 June 2021 section 75(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 326(2) replaced 8 June 2021 section 75(5) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
327: Witness and counsel privileges
1: Every person who does the following things has the same privileges as witnesses have in a court:
a: provides documents, things, or information to the Board in relation to a disciplinary matter; or
b: gives evidence or answers questions at a hearing of the Board in relation to a disciplinary matter.
2: Every counsel appearing before the Board in relation to a disciplinary matter has the same privileges and immunities as counsel in a court. 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 otherwise 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. 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
b: suspend or cancel his or her licensing
2: A person may appeal to the District Court
a: made by it on an appeal brought under subsection (1); or
b: to take any action referred to in section 318 Section 330(1)﻿(b) amended 15 March 2008 section 83(1) Building Amendment Act 2008 Section 330(2) replaced 15 March 2008 section 83(2) Building Amendment Act 2008 Section 330(2) amended 1 March 2017 section 261 District Court Act 2016
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 action against which section 330
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. 2002 No 17 s 36
335: Procedure on appeal
1: An appeal under this subpart must be heard as soon as is reasonably practicable after it is lodged.
2: An appeal under this subpart is by way of rehearing.
3: On hearing the appeal, the appeal authority—
a: may confirm, reverse, or modify the decision or action appealed against; and
b: may make any other decision or take any other action that the decision-maker could have made.
4: The appeal authority must not review—
a: any part of a decision or action not appealed against; or
b: any decision or action not appealed against at all. 2002 No 17 s 37
336: Appeal authority's decision final
Except as provided in section 340
337: Appeal authority may refer matter back for reconsideration
1: 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.
2: In giving a direction under subsection (1), the appeal authority—
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.
3: The decision-maker—
a: must reconsider the matter; and
b: in doing so, must—
i: take the appeal authority's reasons into account; and
ii: give effect to the appeal authority's directions.
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 respect of the appeal.
339: Orders as to publication of names
1: On an appeal under this subpart, the appeal authority may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a licensed building practitioner or any other person.
2: 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 limitation, the privacy of any complainant); and
b: the public interest.
3: 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.
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.
2: The appeal must be heard and determined in accordance with the appropriate rules of court.
3: Subpart 8
4: Subsection (3) overrides subsection (2). Section 340(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
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.
2: The Board may exercise its powers only for the purpose of performing its functions.
343: Board's functions
1: The Board's functions are—
a: to approve rules relating to licensed building practitioners that are prepared in accordance with this subpart; and
b: to receive, investigate, and hear complaints about, and to inquire into the conduct of, and discipline, licensed building practitioners in accordance with subpart 2
c: to hear appeals against certain decisions of the Registrar in accordance with subpart 2
d: to review and report to the Minister on the performance 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 Section 343(2) inserted 13 March 2012 section 71 Building Amendment Act 2012
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 Minister. Section 344(2) replaced 24 October 2019 section 10 Statutes Amendment Act 2019
345: Criteria for appointment
1: The Minister may appoint a person
a: having regard to the functions, duties, and powers of the Board; and
b: because of that person's knowledge, experience, or expertise.
2: The Minister may accept nominations for membership of the Board, but each member is appointed to undertake the functions and duties of a member rather than to represent the interests of any person.
3: One member of the Board must be a barrister or solicitor of at least 5 years' standing. Section 345(1) amended 24 October 2019 section 11 Statutes Amendment Act 2019
346: Further provisions relating to Board and its members
Schedule 3 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
b: the number of persons in each licensing class
2: An annual report must be in writing, dated, and signed on behalf of the Board by 2 members. Section 348(1)﻿(b) amended 15 March 2008 section 84 Building Amendment Act 2008
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
a: publicly notify that the report has been given to the Minister and where copies of the report may be inspected and purchased; and
b: make copies of the report available to the public at the place set out in the public notification, on request, for inspection free of charge and for purchase at a reasonable 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
352: Power of Minister to require information relating to affairs of Board
1: The Board must supply to the Minister any information relating to the affairs of the Board that the Minister requests.
2: However, a request may be refused if—
a: withholding the information is necessary to protect the privacy of any person (including a deceased person); and
b: there would, under the Official Information Act 1982
i: the request had been made under section 12 section 9(2)﻿(a)
ii: the need to protect the privacy of any person were not outweighed by the Minister's need to have the information in order to discharge the Minister's ministerial duties; and
c: the information relates to a particular matter in respect of which the Board or any person appointed or employed 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 containing the following minimum standards ( LBP standards
a: minimum standards of competence (including standards relating to knowledge and skills) that must be met for each licensing class
b: minimum standards for demonstrating current competence for each licensing class
2: There must be made, and there must always be, rules that govern all of the following matters:
a: the information that must be provided by an applicant for licensing
b: 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
c: the way in which a proposed cancellation or suspension of licensing
3: The rules must be consistent with this Act. 2002 No 17 s 40 Section 353(1)﻿(a) amended 15 March 2008 section 85(1) Building Amendment Act 2008 Section 353(1)﻿(b) amended 15 March 2008 section 85(1) Building Amendment Act 2008 Section 353(2)﻿(a) amended 15 March 2008 section 85(2) Building Amendment Act 2008 Section 353(2)﻿(c) amended 15 March 2008 section 85(2) Building Amendment Act 2008
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 executive must—
a: ensure that the proposed rule is consistent with the purposes of this Act; and
b: consult with licensed building practitioners or any persons whom the chief executive reasonably considers to be representative of licensed building practitioners or of other persons or classes of persons affected by the proposed rule; and
c: take into account international best practice and New Zealand's international obligations. 2002 No 17 s 41
356: Rules to be approved by Board
1: The chief executive must submit proposed rules for the approval of the Board.
2: The Board must, as soon as practicable after receiving a proposed rule for approval, by written notice to the chief executive,—
a: approve it; or
b: decline to approve it.
357: Revision of rules
If the Board declines to approve a proposed rule,—
a: the Board must indicate the grounds on which it declines to approve it; and
b: the Board must direct the chief executive to prepare and submit a revised proposed rule; and
c: 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: approve the rule by written notice to the chief executive; or
b: 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
ii: approve the rule (as amended) by written notice to the chief executive, which notice must be accompanied 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
b: give the chief executive a reasonable opportunity to make submissions on the matter; and
c: consider those submissions.
359: Requirements of sections 355 to 358 relate to amendments and revocations by Board
The requirements of sections 355 to 358
360: Rules to be approved by Minister
1: The Board must submit the proposed rules for the approval of the Minister.
2: The Minister must, as soon as practicable after receiving a proposed rule for approval, by written notice to the Board,—
a: approve it; or
b: decline to approve it.
3: Rules under this section are secondary legislation ( see Part 3
4: That Act applies as if—
a: the Minister were the maker of the rules; and
b: the rules were made by the Minister approving them. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication It is not required to be published LA19 s 73(2) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 360(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 360(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
361: Rules made when approved by Minister
Section 361 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
362: Status of rules
Section 362 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
4A: Consumer rights and remedies in relation to residential building work
Part 4A inserted 1 January 2015 section 56 Building Amendment Act 2013 Preliminary provisions Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362A: Outline of this Part
This Part protects consumers (referred to in this Part as clients
a: requiring certain information to be provided before a residential building contract is entered into; and
b: prescribing minimum requirements for residential building contracts over a certain value; and
c: implying warranties into residential building contracts; and
d: providing remedies for breach of the implied warranties; and
e: requiring defective building work under a residential building contract to be remedied if notified within 1 year of completion; and
f: requiring certain information and documentation to be provided on completion of building work under a residential building contract. Section 362A inserted 1 January 2015 section 56 Building Amendment Act 2013
362B: Meaning of building work and residential building contract
1: In this Part, unless the context otherwise requires,— building work building work section 7 residential building contract
a: means a contract under which one person (the building contractor client
b: does not include a subcontracting agreement between a building contractor and a building subcontractor; and
c: does not include an agreement that relates to the purchase from a registered MCM of a modular component that is a household unit where the purchaser of the modular component intends to on-sell it.
2: On section 6(8)
a: first, the definition of building work building work building work
b: second, this subsection is repealed. Section 362B inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362B(1) residential building contract replaced 8 June 2021 section 76 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362B(1) residential building contract inserted 8 June 2021 section 76 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362C: Consumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part
Nothing in this Part limits or derogates from the provisions of the Fair Trading Act 1986 Consumer Guarantees Act 1993 Section 362C inserted 1 January 2015 section 56 Building Amendment Act 2013 Pre-contract information Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362D: Building contractor must provide information before residential building contract entered into
1: This section applies to a residential building contract if—
a: the price for the building work is not less than the prescribed minimum price (if any); or
b: the client has requested the prescribed disclosure information (if any) and prescribed checklist (if any).
2: A building contractor must not enter into a residential building contract to which this section applies unless the building contractor has first provided to the client (or each client if there is more than 1)—
a: the prescribed disclosure information (if any); and
b: a prescribed checklist (if any).
3: The disclosure information and the checklist must each be in the form prescribed by regulations (if any).
4: A person who contravenes subsection (2)﻿(a) or (b) commits an infringement offence and is liable to a fine not exceeding $2,000.
5: A person must not make make
6: A person who fails to comply with subsection (5)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000. Section 362D inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362D(5) amended 8 June 2021 section 77(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362D(5) amended 8 June 2021 section 77(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362D(6) replaced 8 June 2021 section 77(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362E: Purpose of regulations under section 362D
1: The purpose of regulations prescribing disclosure information under section 362D(2)﻿(a)
a: the legal status of the building contractor, for example, whether the building contractor is an individual, a partnership, or a limited liability company:
b: the dispute history of the building contractor:
c: the skills, qualifications, and licensing status of the building practitioners who will be doing the building work:
d: if the building contractor is a limited liability company, the role of each director and the business history of each director.
2: The purpose of regulations prescribing a checklist under section 362D(2)﻿(b)
a: an explanation of the legal obligations of both the client and the building contractor in relation to the building work:
b: an outline of the risks associated with payment in advance of completion of the building work:
c: a summary of dispute resolution options:
d: a list of sources for further advice and information. Section 362E inserted 1 January 2015 section 56 Building Amendment Act 2013 Minimum requirements for residential building contract Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362F: Minimum requirements for residential building contract over certain value
1: This section applies to a residential building contract if the price for the building work is not less than the prescribed minimum price (if any).
2: A residential building contract to which this section applies must—
a: be in writing; and
b: be dated; and
c: comply with regulations (if any) made under section 362G
3: A building contractor must not enter into a residential building contract to which this section applies unless the requirements of subsection (2) have been complied with.
4: A person who contravenes subsection (3) by entering into an unwritten contract commits an infringement offence and is liable to a fine not exceeding $2,000. Section 362F inserted 1 January 2015 section 56 Building Amendment Act 2013
362G: Regulations may prescribe content, etc of residential building contract
1: Regulations may be made requiring, as a minimum that must be contained in a residential building contract, all or any of the following matters:
a: the content of the contract:
b: categories or types of information:
c: specified information:
d: categories or types of clauses or terms:
e: specified clauses or terms.
2: For the purposes of subsection (1) and without limitation to the matters set out in the following paragraphs, the regulations may require, as matters that must be contained in a residential building contract, matters relating to—
a: the parties:
b: dispute resolution:
c: the process for varying the contract:
d: the timeframe for performing the contract:
e: the payment process.
3: The regulations may,—
a: if there is no written contract as required by section 362F(2)﻿(a)
b: if there is a written contract but it does not include a matter specified by the regulations, stipulate that 1 or more prescribed specified clauses (if any) are taken to be included in the contract.
4: Subsection (3) applies despite any provision to the contrary in any agreement or contract. Section 362G inserted 1 January 2015 section 56 Building Amendment Act 2013 Implied warranties Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362H: When provisions relating to implied warranties apply
1: Sections 362I to 362K
a: to any of the following contracts entered into on or after the date on which this section comes into force:
i: a residential building contract, whether written or oral; or
ii: a contract for the sale of 1 or more household units by, or on behalf of, an on-seller; and
b: despite any provision to the contrary in any agreement or contract.
2: For the purposes of sections 362I to 362K
a: is taken to be a contract for the building work already carried out or still to be carried out in building the household unit or units; and
b: is taken to incorporate as the obligations of the on-seller the obligations of the building contractor under a residential building contract.
3: In subsection (1)﻿(a)﻿(ii), on-seller
a: builds the household unit by himself or herself or with the assistance of others:
b: in trade arranges for the household unit to be built or acquires the household unit from a person who built it or arranged for it to be built:
c: acquires the household unit in a transaction that is intended to defeat the purpose and effect of subsection (2).
4: However, subsection (3)﻿(a) does not apply to the manufacture of a household unit by a registered MCM who is certified to manufacture the household unit. Section 362H inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362H(4) inserted 7 September 2022 section 78 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362I: Implied warranties for building work in relation to household units
1: In every contract to which this section applies, the following warranties about building work to be carried out under the contract are implied and are taken to form part of the contract:
a: that the building work will be carried out—
i: in a proper and competent manner; and
ii: in accordance with the plans and specifications set out in the contract; and
iii: in accordance with the relevant building consent (if any)
b: that all building products
i: will be suitable for the purpose for which they will be used; and
ii: unless otherwise stated in the contract, will be new:
c: that the building work will be carried out in accordance with, and will comply with, all laws and legal requirements, including, without limitation, this Act and the regulations:
d: that the building work will—
i: be carried out with reasonable care and skill; and
ii: be completed by the date (or within the period) specified in the contract or, if no date or period is specified, within a reasonable time:
e: that the household unit, if it is to be occupied on completion of building work, will be suitable for occupation on completion of that building work:
f: if the contract states the particular purpose for which the building work is required, or the result that the owner wishes the building work to achieve, so as to show that the owner relies on the skill and judgement of the other party to the contract, that the building work and any building products
i: be reasonably fit for that purpose; or
ii: be of such a nature and quality that they might reasonably be expected to achieve that result.
2: Subsection (1) has effect despite any provision to the contrary in any contract or agreement, and despite any provision of any other enactment or rule of law. Section 362I inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362I(1)﻿(a)﻿(iii) amended 7 September 2022 section 79(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362I(1)﻿(b) amended 7 September 2022 section 79(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362I(1)﻿(f) amended 7 September 2022 section 79(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362J: Proceedings for breach of warranties may be taken by non-party to contract
1: An owner of the building or land in respect of which building work was carried out under a contract to which this section applies may take proceedings for a breach of any of the warranties set out in section 362I
2: In this section, proceedings
a: adjudication under the Construction Contracts Act 2002
b: a claim under the Weathertight Homes Resolution Services Act 2006
c: arbitration under the Arbitration Act 1996 Section 362J inserted 1 January 2015 section 56 Building Amendment Act 2013
362K: Person may not give away benefit of warranties
A provision of an agreement or instrument that purports to restrict or remove the right of a person to take proceedings for a breach of any of the warranties set out in section 362I Section 362K inserted 1 January 2015 section 56 Building Amendment Act 2013 Remedies for breach of implied warranty Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362L: Remedies for breach of implied warranty
1: A person who has the benefit of an implied warranty set out in section 362I sections 362M to 362P
2: In sections 362M to 362P
a: is called the client
b: except for the purposes of section 362M(3)﻿(b) 362N(2)﻿(b)
3: In sections 362M to 362P building contractor
4: Nothing in this section limits or derogates from any remedy for defective building work expressly provided for in a residential building contract, and nothing in any residential building contract limits or derogates from any of the remedies set out in sections 362M to 362P Section 362L inserted 1 January 2015 section 56 Building Amendment Act 2013
362M: Remedies if breach of warranty can be remedied
1: This section applies in any case where the breach of warranty can be remedied.
2: If this section applies, the client may require the building contractor to remedy the breach (including repairing or replacing defective building products
3: If the building contractor, after being required to remedy the breach, refuses or neglects to do so, or does not succeed in doing so within a reasonable time, the client may—
a: have the breach remedied by someone else and recover from the building contractor all reasonable costs incurred in having the breach remedied; or
b: cancel the contract in accordance with section 362P
4: In addition to the remedies in subsections (2) and (3), the client may obtain from the building contractor damages for any loss or damage to the client resulting from the breach (other than loss or damage through reduction in the value of the product of the building work) that was reasonably foreseeable as liable to result from the breach. Section 362M inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362M(2) amended 7 September 2022 section 80 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362N: Remedies if breach of warranty cannot be remedied or breach is substantial
1: This section applies in any case where the breach of warranty cannot be remedied or the breach is substantial.
2: If this section applies, the client may—
a: obtain from the building contractor damages in compensation for any reduction in value of the product of the building work below the price paid or payable by the client for that work; or
b: cancel the contract in accordance with section 362P
3: In addition to the remedy in subsection (2), the client may obtain from the building contractor damages for any loss or damage to the client resulting from the breach (other than loss or damage through reduction in the value of the product of the building work) that was reasonably foreseeable as liable to result from the breach. Section 362N inserted 1 January 2015 section 56 Building Amendment Act 2013
362O: Meaning of substantial breach
For the purposes of section 362N
a: a reasonable client fully acquainted with the nature and extent of the breach would not have entered into the residential building contract; or
b: in any case to which section 362I(1)﻿(f)
i: is unfit for the particular purpose stated in the residential building contract; or
ii: is of such a nature and quality that it cannot be expected to produce the desired result stated in the residential building contract; or
c: the building work is unsafe. Section 362O inserted 1 January 2015 section 56 Building Amendment Act 2013
362P: Rules applying to cancellation
1: The cancellation of a contract under section 362M(3)﻿(b) 362N(2)﻿(b)
a: before the time at which the cancellation is made known to the building contractor; or
b: where it is not reasonably practicable to communicate with the building contractor, before the time at which the client indicates, by means that are reasonable in the circumstances, the client's intention to cancel the contract.
2: Subject to subsection (3), the cancellation may be made known by words, or by conduct indicating an intention to cancel, or both, and it is not necessary to use any particular form of words, so long as the intention to cancel is made known.
3: Where it is reasonably practicable to communicate with the building contractor, subsection (2) takes effect subject to any provision in the contract requiring notice of cancellation in writing.
4: Sections 42 to 48 section 362M(3)﻿(b) 362N(2)﻿(b) Section 362P inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362P(4) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Remedy of defect notified within 1 year of completion Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362Q: Building contractor or on-seller must remedy defect notified within 1 year of completion
1: This section applies if—
a: building work is carried out in relation to a household unit; and
b: the building work is defective; and
c: the defect is able to be remedied; and
d: the building work is carried out by or on behalf of a building contractor or the household unit is purchased from an on-seller (as defined in section 362H(3)
2: In any case to which this section applies, the client may give notice, within 12 months from completion of the building work, to either the building contractor or the on-seller (if there is one) requiring that person to remedy the defect.
3: In any case to which this section applies, the building contractor or the on-seller, as the case may be, to whom notice has been given in accordance with subsection (2) must remedy the defect (including repairing or replacing defective building products
4: In any case in which it is asserted against a building contractor or an on-seller that this section applies, the matters referred to in subsection (1) are presumed unless the contrary is proven.
5: In addition to the remedy in subsection (3), the client may obtain from the building contractor or the on-seller damages for any loss or damage to the client resulting from the defect (other than loss or damage through reduction in value of the product of the building work) that was reasonably foreseeable as liable to result from the defect.
6: Nothing in this section affects the warranties set out in section 362I
7: This section does not apply to building work carried out—
a: before this section comes into force; or
b: under a contract entered into before this section comes into force. Section 362Q inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362Q(3) amended 7 September 2022 section 81 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362R: Definitions for purposes of section 362Q
1: In section 362Q client
a: means any of the following:
i: the person or persons with whom the building contractor contracted to do the building work in question:
ii: the person or persons who purchased the household unit from the on-seller:
iii: the owner of the building or land in respect of which the building work was carried out, whether or not that person was a party to the building contract or contract of sale; but
b: does not include a building contractor in that capacity contracting with another building contractor (for example, a contractor and subcontractor).
2: In section 362Q on-seller section 362H(3)
3: In section 362Q(1)﻿(d)
a: an employee of the building contractor:
b: another contractor:
c: a subcontractor:
d: any other person for whom the building contractor is responsible in law. Section 362R inserted 1 January 2015 section 56 Building Amendment Act 2013 Exclusion of liability for event not attributable to fault of building contractor or on-seller Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362S: Exclusion of liability for event not attributable to fault of building contractor or on-seller
1: A building contractor is not liable under sections 362H to 362R
a: a cause independent of human control:
b: any act or omission, including accidental damage, by a person who is none of the following:
i: the building contractor:
ii: a subcontractor to the building contractor:
iii: a person for whom the building contractor is responsible in law:
c: failure to carry out normal maintenance:
d: failure to carry out, or cause to be carried out, repairs as soon as practicable after the defect becomes apparent.
2: In any proceeding against a building contractor to enforce a warranty or remedy contained in sections 362H to 362Q
3: In this section, building contractor section 362H(3) Section 362S inserted 1 January 2015 section 56 Building Amendment Act 2013 Information and documentation to be provided on completion of residential building contract Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362T: Building contractor must provide prescribed information and documentation on completion of residential building work
1: This section applies where a building contractor has carried out building work under a residential building contract.
2: As soon as practicable after completion of the building work, the building contractor must provide in writing the information and documentation prescribed by regulations made under this Act to the following persons:
a: the client; and
b: the relevant territorial authority (if any)
3: The regulations referred to in subsection (2) may prescribe different information and documentation to be provided to the client and the relevant territorial authority.
4: A person who contravenes subsection (2) commits an infringement offence and is liable to a fine not exceeding $2,000. Section 362T inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362T(2)﻿(b) amended 7 September 2022 section 82 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362U: Purpose of regulations under section 362T(2)
The purpose of regulations prescribing information and documentation under section 362T(2)
a: the identity of the building contractor:
b: any guarantee or insurance obtained by the building contractor in relation to the building work:
c: maintenance requirements for any products incorporated in the building. Section 362U inserted 1 January 2015 section 56 Building Amendment Act 2013 Offence by commercial on-seller Heading inserted 1 January 2015 section 56 Building Amendment Act 2013
362V: Offence for commercial on-seller to transfer household unit without code compliance certificate
1: A commercial on-seller must not do either
a: complete
b: allow
2: Subsection (1) does not apply if the commercial on-seller and the purchaser of the household unit enter into a written agreement, in the form (if any) prescribed by regulations made under this Act, that the commercial on-seller may do either or both of the things referred to in that subsection before a code compliance certificate is issued in relation to the household unit concerned.
3: If a household unit is a modular component manufactured by a registered MCM who is certified to design and manufacture it, subsection (1) does not apply to the sale of the household unit by the manufacturer.
4: Subsection (1) does not apply if the contract for the sale and purchase of the household unit was entered into before 30 November 2004.
4A: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
5: In this section, commercial on-seller
a: builds the household unit; or
b: arranges for the household unit to be built; or
c: acquires the household unit from a person who built it or arranged for it to be built; or
d: acquires the household unit in a transaction that is intended to defeat the purpose and effect of subsection (1)
6: On section 6(3)
a: first,—
i: the heading to this section is amended by omitting code compliance certificate consent completion certificate
ii: subsections (1) and (2) are amended by omitting code compliance certificate consent completion certificate
b: second, this subsection is repealed. Section 362V inserted 1 January 2015 section 56 Building Amendment Act 2013 Section 362V(1) amended 8 June 2021 section 83(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362V(1)﻿(a) amended 8 June 2021 section 83(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362V(1)﻿(b) amended 8 June 2021 section 83(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362V(3) replaced 8 June 2021 section 83(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 362V(4A) inserted 8 June 2021 section 83(5) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
4B: Building product information requirements
Part 4B inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362VA: Building product information requirements may be prescribed
1: Regulations may be made under section 402(1)﻿(xg)
2: The information requirements for a building product may specify—
a: what information must be disclosed in relation to the building product; and
b: who must disclose the information and to whom; and
c: when the information must be disclosed.
3: Without limiting subsection (2)﻿(a), the information to be disclosed may include information relating to—
a: the building product:
b: the manufacturer, supplier, or other person connected with the supply of the building product:
c: the installation, use, maintenance, or disposal of the building product:
d: any warnings, bans, or other restrictions in force in relation to the building product.
4: The information requirements for a building product may also specify any of the following:
a: the form and manner in which information must be disclosed:
b: how information must be obtained or verified before it is disclosed:
c: requirements for reviewing and updating information:
d: requirements for retaining copies of, or keeping records about, information:
e: any other requirements that are necessary or desirable to administer and enforce compliance with the information requirements.
5: Regulations prescribing information requirements for building products—
a: may prescribe requirements for a particular building product or a class or classes of building products:
b: may prescribe different requirements for different building products or classes of building products:
c: may prescribe different requirements for different manufacturers, suppliers, or other persons, or classes of such persons:
d: may otherwise make different provision for different cases on any differential basis. Section 362VA inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362VB: Failure to comply with building product information requirements an offence
1: This section applies in relation to a building product if information requirements are in force under section 362VA
2: A person must not, in trade, do any of the following with the building product unless the person complies with the information requirements:
a: supply the building product in New Zealand:
b: offer to supply the building product in New Zealand:
c: advertise the supply of the building product in New Zealand:
d: import the product into New Zealand for the purpose of supply.
3: A person who fails to comply with subsection (2)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $10,000:
ii: in the case of a body corporate, to a fine not exceeding $30,000. Section 362VB inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362VC: False or misleading representations in relation to building products
1: A person must not, in trade, make a relevant representation about a building product that is—
a: unsubstantiated; or
b: false or misleading in a material particular or because of a material omission.
2: A relevant representation
a: the supply, or possible supply, of the building product; or
b: the promotion of the supply of the building product.
3: A representation is unsubstantiated
4: However, subsection (1)﻿(a) does not apply to a representation that a reasonable person would not expect to be substantiated.
5: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $200,000:
ii: in the case of a body corporate, to a fine not exceeding $600,000. Section 362VC inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362VD: Defences for offences against sections 362VB and 362VC
1: This section provides defences to a prosecution for an offence against section 362VB(2) 362VC(1)
2: It is a defence if the defendant proves that the failure to comply with section 362VB(2) 362VC(1)
a: a reasonable mistake; or
b: reasonable reliance on information supplied to the defendant by another person.
3: It is a defence if the defendant proves that—
a: the failure to comply with section 362VB(2) 362VC(1)
i: the act or omission of another person; or
ii: an accident or to some other cause beyond the defendant’s control; and
b: the defendant took reasonable precautions and exercised due diligence to avoid the failure.
4: In relation to a failure to comply with section 362VB(2)﻿(c) 362VC(1)
a: are in the business of publishing, or arranging for the publication of, advertisements; and
b: published, or arranged the publication of, the advertisement on behalf of another person in the ordinary course of that business; and
c: did not know, and had no reason to suspect, that the publication of the advertisement would constitute an offence.
5: See also section 388 Section 362VD inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Notice to take corrective action Heading inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362VE: Notice to take corrective action
1: The chief executive may give a notice to take corrective action to a person if satisfied that the person has failed to comply with a building product information requirement in force under section 362VA
2: A notice to take corrective action
a: remedy the non-compliance; or
b: ensure that the non-compliance is not continued or repeated.
3: The notice must—
a: be in writing; and
b: specify a reasonable period within which the required steps must be taken. Section 362VE inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
362VF: Compliance with notice to take corrective action
1: A person who has been given a notice to take corrective action by the chief executive must comply with it within the period specified in it.
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $10,000:
ii: in the case of a body corporate, to a fine not exceeding $30,000. Section 362VF inserted 7 September 2022 section 84 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
5: Miscellaneous provisions
1: Other offences and criminal proceedings
Offence relating to building control
362W: 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
b: comprise all or part of a building.
2: 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
b: whether or not members of the public will, regularly or from time to time, be excluded from them. Section 362W inserted 14 April 2005 section 22(1) Building Amendment Act 2005 Section 362W section number replaced 1 January 2015 section 57 Building Amendment Act 2013
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 362W
a: if—
i: a building consent is required for the work; but
ii: no building consent has been granted for it; or
b: if a building consent has been granted for the work, but—
i: no code compliance certificate has been issued for the work; and
ii: no certificate for public use has been issued under section 363A
c: if a building consent has been granted for the work, and a certificate for public use has been issued under section 363A
i: no code compliance certificate has been issued for the work; and
ii: 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—
a: whether or not the work has been completed; and
b: whether the work is being or has been done to or in, or involves or involved the building of,—
i: the part itself; or
ii: 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 Section 363 replaced 14 April 2005 section 22(1) Building Amendment Act 2005 Section 363(1) amended 1 January 2015 section 58 Building Amendment Act 2013 Section 363(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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 362W
a: a building consent has been granted for building work affecting the premises or part; and
b: no code compliance certificate has been issued for the work.
2: 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.
3: A certificate for public use—
a: must be in the prescribed form; and
b: may be issued subject to conditions.
4: The territorial authority must decide whether to issue the certificate—
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 authority 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) Section 363A inserted 14 April 2005 section 22(1) Building Amendment Act 2005 Section 363A(1) amended 1 January 2015 section 59 Building Amendment Act 2013
363B: Application of section 363 to building work where consent granted, or work begun, before 31 March 2005
Section 363B repealed 13 March 2012 Building Amendment Act 2012
363C: Section 363 does not apply to building work commenced before 31 March 2005
1: Section 363(1)
2: Subsection (1) applies whether or not the work was completed before, on, or after 31 March 2005. Section 363C replaced 13 March 2012 section 75 Building Amendment Act 2012
364: Offence for residential property developer to transfer household unit without code compliance certificate
Section 364 repealed 1 January 2015 section 60 Building Amendment Act 2013 Offences relating to administration of Act
365: Offence to fail to comply with direction of authorised person
1: A person must
1A: This section does not apply to a failure to comply with a direction that is an offence under—
a: section 133BR(3)
b: section 133BU(8)
c: section 133BW(10)
d: section 133BX(10)
2: A person who intentionally fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $20,000:
ii: in the case of a body corporate, to a fine not exceeding $60,000. 1991 No 150 s 80(g) Section 365(1) amended 8 June 2021 section 85(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 365(1A) inserted 17 December 2019 section 21 Building Amendment Act 2019 Section 365(2) replaced 8 June 2021 section 85(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
366: Offence to impersonate building consent authority or regional authority, etc
1: A person must not impersonate
a: a building consent authority or regional authority; or
b: an officer or employee of a building consent authority or regional authority.
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000. 1991 No 150 s 80(h) Section 366(1) amended 8 June 2021 section 86(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 366(2) replaced 8 June 2021 section 86(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
367: Offence to obstruct execution of powers under this Act
1: A person must not wilfully obstruct, hinder, or resist
1A: This section does not apply to conduct that is an offence under section 207S
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000. 1991 No 150 s 80(j) Section 367(1) amended 8 June 2021 section 87(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 367(1A) inserted 17 December 2019 section 22 Building Amendment Act 2019 Section 367(2) replaced 8 June 2021 section 87(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Miscellaneous offences
368: Offence to remove or deface notices
1: A person must not
a: wilfully remove or deface
b: incite
1A: This section does not apply to conduct that is an offence under section 133BT(6)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000. 1991 No 150 s 80(k) Section 368(1) amended 8 June 2021 section 88(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 368(1)﻿(a) amended 8 June 2021 section 88(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 368(1)﻿(b) amended 8 June 2021 section 88(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 368(1A) inserted 17 December 2019 section 23 Building Amendment Act 2019 Section 368(2) replaced 8 June 2021 section 88(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
369: Offence to make false or misleading statement
1: A person must not
a: knowingly make
b: knowingly make
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $20,000:
ii: in the case of a body corporate, to a fine not exceeding $60,000. Section 369(1) amended 8 June 2021 section 89(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 369(1)﻿(a) amended 8 June 2021 section 89(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 369(1)﻿(b) amended 8 June 2021 section 89(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 369(2) replaced 8 June 2021 section 89(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Proceedings for infringement offences
370: Interpretation
In this section and sections 371 to 374 enforcement officer section 371A infringement fee section 402 infringement offence
a: an offence that is declared, by regulations made under section 402
b: an offence that is stated by a provision of this Act to be an infringement offence. Section 370 enforcement officer inserted 28 November 2013 section 61(1) Building Amendment Act 2013 Section 370 infringement offence replaced 28 November 2013 section 61(2) Building Amendment Act 2013
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
b: be served with an infringement notice under section 372
2: If an infringement notice has been issued under section 372 section 21 Section 371(1)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
371A: Who may issue infringement notices
1: The following persons may issue infringement notices:
a: any person who has been authorised by the chief executive under section 371B(1)
b: any officer of a territorial authority who has been authorised by the territorial authority under section 371B(2)
2: In this section and in sections 371B 371D person Section 371A inserted 28 November 2013 section 62 Building Amendment Act 2013
371B: Authorisation to issue infringement notice
1: The chief executive may authorise any person to issue infringement notices under section 372
2: A territorial authority may authorise any of its officers to issue infringement notices under section 372
3: The chief executive or territorial authority, as the case may be, must issue the person authorised (the enforcement officer Section 371B inserted 28 November 2013 section 62 Building Amendment Act 2013
371C: Conditions of authorisation
1: An enforcement officer authorised under section 371B section 372
a: carry on him or her—
i: the warrant issued under section 371B(3)
ii: evidence of his or her identity; and
b: if required to do so, produce the warrant and evidence referred to in paragraph (a).
2: An enforcement officer who holds a warrant issued under section 371B(3) Section 371C inserted 28 November 2013 section 62 Building Amendment Act 2013
371D: Offence to impersonate enforcement officer
1: A person commits an offence if the person impersonates or falsely pretends to be an enforcement officer named in a warrant issued under section 371B(3)
2: A person who commits an offence under this section is liable on conviction to a fine not exceeding $50,000 Section 371D inserted 28 November 2013 section 62 Building Amendment Act 2013 Section 371D(2) amended 8 June 2021 section 90 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
372: Issue of infringement notices
1: An infringement notice may be served on a person if an enforcement officer—
a: observes the person committing an infringement offence; or
b: has reasonable cause to believe that an infringement offence is being or has been committed by that person.
2: An infringement notice may be served—
a: by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a copy of it) to the person alleged to have committed the infringement offence; or
b: by post addressed to the person's last known place of residence or business.
3: An Section 372(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
373: Form of infringement notices
An infringement notice must be in the prescribed form and must contain the following particulars:
a: sufficient particulars to inform the person served with the notice of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee prescribed for the offence; and
c: the time within which the infringement fee must be paid; and
d: the address of the place at which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement of the person's right to request a hearing; and
g: a statement of what will happen if the person neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed.
374: Payment of infringement fees
The infringement fee paid in respect of an infringement offence must be paid,—
a: in the case of an infringement notice issued by a person authorised by a territorial authority, to that territorial authority:
b: in the case of an infringement notice issued by the chief executive or by a person authorised by the chief executive, to the chief executive. Section 374 replaced 28 November 2013 section 63 Building Amendment Act 2013 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.
2: In this section, court of competent jurisdiction 1991 No 150 s 85
376: Offences punishable on summary conviction
Section 376 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
377: Filing charging document
Any of the following persons may file a charging document
a: the chief executive; or
b: a territorial authority; or
c: a regional authority; or
ca: a responsible person under subpart 6B
d: any person referred to in section 176(g) Section 377 heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 377 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 377(ca) inserted 17 December 2019 section 24 Building Amendment Act 2019
378: Time limit for filing charging document
Despite anything to the contrary in section 25 12 months
a: the chief executive; or
b: a territorial authority; or
c: a regional authority; or
ca: a responsible person under subpart 6B
d: any person referred to in section 176(g) Section 378 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 378 amended 8 June 2021 section 91 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 378(ca) inserted 17 December 2019 section 25 Building Amendment Act 2019
379: Offence under more than 1 enactment
1: A person who does any act or makes any default that constitutes an offence against this Act and any other Act may be proceeded against and punished either under this Act or under that other Act.
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 repetition 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
1: On the application of any person referred to in subsection (2), the District Court
a: a person is committing or is about to commit a breach of section 40 section 168
b: a building is dangerous subpart 6
ba: a building or a part of a building is earthquake prone in terms of subpart 6A
c: a dam is dangerous in terms of subpart 7
2: The persons are—
a: the chief executive; or
b: a territorial authority; or
c: a regional authority; or
d: any person referred to in section 176(g)
3: An injunction may be granted, or an order may be made, under subsection (1)—
a: even if proceedings for the offence constituted by the breach have not been taken; or
b: 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
ii: in subsequent proceedings. 1991 No 150 s 81(1), (5) Section 381(1) amended 1 March 2017 section 261 District Court Act 2016 Section 381(1)﻿(a) amended 15 March 2008 section 86 Building Amendment Act 2008 Section 381(1)﻿(b) amended 1 July 2017 section 37(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 381(1)﻿(ba) inserted 1 July 2017 section 37(2) Building (Earthquake-prone Buildings) Amendment Act 2016
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)
b: for the purpose of ensuring that the person does not engage in that conduct.
2: The injunction may be granted and the order made on any other terms that the District Court considers appropriate.
3: In the case of a building that does not comply with the provisions of the building code section 40 section 168
4: The District Court may, at any time, rescind or vary an injunction granted or order made under section 381 1991 No 150 s 81(3)
383: District Court may direct chief executive to make determination
On an application under section 381(1) subpart 1 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)
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
b: 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.
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. 1991 No 150 s 81(4)
385: Application of section 381 to Crown organisation
1: Despite section 17(1)﻿(a)
a: the District Court may, under section 381
b: 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 organisation, the provisions of sections 381 to 384 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 person B
2: 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.
3: The liability of person B under subsection (2) is without prejudice to the liability of person A.
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
ii: he or she took all reasonable steps to prevent the commission of the offence; or
b: 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
ii: the body corporate took all reasonable steps to prevent the commission of the offence; and
c: in all cases, that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
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
b: 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 prevent or stop it. 1991 No 150 s 82A
387: Liability for acts of employees or agents of Crown organisations
1: Section 386
2: If an offence referred to in section 6(1)﻿(a)
3: Despite subsection (2), if proceedings for an offence referred to in section 6(1)﻿(a)
a: the organisation took all reasonable steps to remedy any effects of the act or omission constituting the offence; and
b: either—
i: no person involved in the management of the organisation knew or could reasonably be expected to have known that the offence was to be or was being committed; or
ii: the organisation took all reasonable steps to prevent the commission of the offence.
4: If a Crown organisation is convicted of an offence against this Act, the chief executive or principal officer (however described) 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
b: 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 prevent or stop it. 1991 No 150 s 82
388: Strict liability and defences
1: 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.
2: It is a defence in any prosecution that is referred to in subsection (1) if the defendant proves—
a: that all of the following circumstances apply:
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property; and
ii: the conduct of the defendant was reasonable in the circumstances; and
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 sabotage, and in each case—
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred. 1991 No 150 s 83
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 relation 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
2: However, an amount equal to 10% of every amount payable to the territorial authority or the regional authority under subsection (1) must be credited to a Crown Bank Account nominated by the Minister of Finance for the purposes of this subsection.
3: 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.
4: An order of the court made under subsection (1) is sufficient authority for the Registrar receiving payment of the fine to—
a: pay 10% of the fine to the Crown in accordance with subsection (2); and
b: pay the balance of the fine to the territorial authority or the regional authority entitled to it under the order.
5: Nothing in section 73
6: To avoid doubt, this section does not apply if the proceedings for the offence were commenced 1991 No 150 s 84 Section 389(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 389(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
2: Civil proceedings and defences
390: Civil proceedings may not be brought against chief executive, employees, etc
1: This section applies to—
a: the chief executive; and
b: any employee or agent of the chief executive; and
c: any person engaged by the chief executive under section 187 ; and
ca: any person engaged by the chief executive under section 207F
cb: a responsible person under subpart 6B
cc: a constable who exercises a power under section 133BR
d: any member, employee, or agent of a territorial authority or regional authority; and
e: any member of a committee appointed by the chief executive, a territorial authority, or a regional authority.
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. 1991 No 150 s 89 Section 390(1)﻿(c) amended 17 December 2019 section 26(1) Building Amendment Act 2019 Section 390(1)﻿(ca) inserted 17 December 2019 section 26(2) Building Amendment Act 2019 Section 390(1)﻿(cb) inserted 17 December 2019 section 26(2) Building Amendment Act 2019 Section 390(1)﻿(cc) inserted 17 December 2019 section 26(2) Building Amendment Act 2019
391: Civil proceedings against building consent authorities
Any civil proceedings against a building consent authority 1991 No 150 s 90 Section 391 heading amended 14 April 2005 section 16(2)﻿(r) Building Amendment Act 2005 Section 391 amended 14 April 2005 section 16(2)﻿(o) Building Amendment Act 2005
392: Building consent authority
1: No civil proceedings may be brought against a building consent authority
a: an acceptable solution or a verification method:
b: a determination made by the chief executive under subpart 1
c: a current registered product certificate:
caa: a current manufacturer’s certificate for a modular component:
ca: a current national multiple-use approval issued under section 30F section 402(1)﻿(kc)
d: a code compliance certificate issued under section 95
e: a certificate issued under any regulations made under the Electricity Act 1992 Gas Act 1992
2: Subsection (3) applies if—
a: a building consent has been issued under section 72
b: the building consent authority section 73
c: the building consent authority section 74(4) record of title
d: the building to which the building consent relates suffers damage arising directly or indirectly from a natural hazard.
3: 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
4: The persons are—
a: the building consent authority
b: every member, employee, or agent of that building consent authority 1991 No 150 s 36(4) Section 392 heading amended 14 April 2005 section 16(2)﻿(s) Building Amendment Act 2005 Section 392(1) amended 14 April 2005 section 16(2)﻿(o) Building Amendment Act 2005 Section 392(1)﻿(a) replaced 28 November 2013 section 65 Building Amendment Act 2013 Section 392(1)﻿(c) replaced 7 September 2022 section 92 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 392(1)﻿(caa) inserted 7 September 2022 section 92 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 392(1)﻿(ca) inserted 1 February 2010 section 29 Building Amendment Act 2009 Section 392(2)﻿(b) amended 14 April 2005 section 16(2)﻿(q) Building Amendment Act 2005 Section 392(2)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 392(2)﻿(c) amended 14 April 2005 section 16(2)﻿(q) Building Amendment Act 2005 Section 392(3) amended 14 April 2005 section 16(2)﻿(p) Building Amendment Act 2005 Section 392(4)﻿(a) amended 14 April 2005 section 16(2)﻿(p) Building Amendment Act 2005 Section 392(4)﻿(b) amended 14 April 2005 section 16(2)﻿(p) Building Amendment Act 2005
393: Limitation defences
1: The Limitation Act 2010
a: building work associated with the design, construction, alteration, demolition, or removal of any building or the manufacture of a modular component manufactured by a registered MCM who is certified to manufacture it
b: the performance of a function under this Act or a previous enactment relating to the construction, alteration, demolition, or removal of the building or the modular component
2: However, no relief may be granted in respect of civil proceedings relating to building work if those proceedings are brought
3: For the purposes of subsection (2), the date of the act or omission is,—
a: in the case of civil proceedings that are brought against a territorial authority, a building consent authority, a regional authority, or the chief executive in relation to the issue of a building consent or a code compliance certificate under Part 2 Part 3
b: in the case of civil proceedings that are brought against a person in relation to the issue of an energy work certificate, the date of the issue of the certificate. 1991 No 150 s 91 Section 393(1) amended 1 January 2011 section 58 Limitation Act 2010 Section 393(1)﻿(a) amended 7 September 2022 section 93(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 393(1)﻿(b) amended 7 September 2022 section 93(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 393(2) amended 1 January 2011 section 58 Limitation Act 2010
3: Miscellaneous
Service of notices
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: delivered personally to the person; or
b: delivered to the person at the person's usual or last known place of residence or business; or
c: sent by fax or email to the person's fax number or email address; or
d: posted in a letter addressed to the person at the person's usual or last known place of residence or business.
2: 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 accordance with subsection (1) is taken to be service on the body.
3: If a notice or other document is to be served on a partnership, service on any one of the partners in accordance with subsection (1) or subsection (2) is taken to be service on the partnership.
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 organisation at its head office or principal place of business; or
b: by delivering it at the organisation's head office or principal place of business, including by fax; or
c: in accordance with a method agreed with
5: A notice or other document sent by post to a person in accordance with subsection (1)﻿(d) must be treated as having been received by that person at the time at which the letter would have been delivered in the ordinary course of post. 1991 No 150 s 87 Section 394(4)﻿(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011
395: Notices in relation to Māori land
Part 10 section 181(4) 1991 No 150 s 88 Implied terms of contracts Heading repealed 1 January 2015 section 66 Building Amendment Act 2013
396: Application of sections 397 to 399
Section 396 repealed 1 January 2015 section 66(1) Building Amendment Act 2013
397: Implied warranties for building work in relation to household units
Section 397 repealed 1 January 2015 section 66(1) Building Amendment Act 2013
398: Proceedings for breach of warranties may be taken by person who was not party to contract for building work
Section 398 repealed 1 January 2015 section 66(1) Building Amendment Act 2013
399: Person may not give away benefit of warranties
Section 399 repealed 1 January 2015 section 66(1) Building Amendment Act 2013 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
a: functional requirements for buildings; and
b: 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 regions of New Zealand only; and
b: generally over a range of circumstances or in particular circumstances only.
3: Regulations under this section are secondary legislation ( see Part 3 1991 No 150 s 48(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 400(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
401: Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe—
a: acceptable solutions or verification methods, or both, that must be used to comply with the building code
b: the particular circumstances in which those acceptable solutions or verification methods, or both, must be used; and
c: the circumstances in which building products or building methods that have a current registered product certificate 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 certificate has not been issued.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 401(1)﻿(c) replaced 7 September 2022 section 94 Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 401(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
401A: Regulations: building consents and consent completion certificates
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: define low-risk building work including by specifying any or all of the following: the nature of the building work, the circumstances in which it may be carried out, or the conditions for carrying it out:
b: define simple residential building work:
c: define commercial building work:
d: prescribe types or categories of commercial building work for which a commercial building consent is required:
e: prescribe types or categories of commercial building work for which an application for either a commercial building consent or a standard building consent may be made:
f: prescribe those aspects of plans and specifications accompanying an application for a simple residential building consent that must be considered by a building consent authority when deciding whether to grant the consent:
g: for the purpose of a determination by a building consent authority whether to issue a consent completion certificate in respect of simple residential building work, prescribe—
i: the maximum inspections that are required; and
ii: the nature of those inspections:
h: prescribe the criteria for determining the risk profile of a commercial building:
i: prescribe the matters that must be included in a quality assurance system, including prescribing different matters for different types or categories of commercial building work:
j: define safety system.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 401A inserted 13 March 2012 section 81 Building Amendment Act 2012 Section 401A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
401B: Order in Council declaring work to be restricted building work
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any kind of building work (other than building work for which a building consent is not required) or any kind of design work to be restricted building work.
2: An order under subsection (1) may apply to any kind of building work or design work generally, or may apply to building work or design work in relation to particular types or categories of buildings or to particular parts of buildings.
3: The Minister may recommend the making of an order under this section only if the Minister is satisfied that the kind of building work or design work in question is (or is likely to be) critical to the integrity of a building or part of a building.
4: Building work or design work is not restricted building work if it relates to an application for a building consent made before the commencement of an order under subsection (1) declaring building work or design work of the same kind to be restricted building work.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 401B inserted 13 March 2012 section 82 Building Amendment Act 2012 Section 401B(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
401C: Regulations: earthquake-prone buildings
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that,—
a: for the purpose of section 133AL
i: prescribe categories of earthquake ratings:
ii: prescribe the form of EPB notice to be issued for buildings or parts of buildings in each earthquake ratings category:
iii: prescribe the form of EPB notice to be issued for a building or a part of a building to which clause 2
b: prescribe the age, construction type, use, level of occupancy, location in relation to other buildings or building types, and any other characteristics that a building or a part of a building must have for a territorial authority to grant an exemption under section 133AN
c: prescribe the criteria for determining whether a building alteration is a substantial alteration for the purpose of section 133AT(2)﻿(c)
d: prescribe the matters that a territorial authority must take into account when making the assessments required by section 133AT(3)﻿(b) and (c)
e: prescribe information that must be kept in the EPB register, and specify whether the chief executive is required to make that information available for public inspection ( see section 275B
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 401C inserted 1 July 2017 section 38 Building (Earthquake-prone Buildings) Amendment Act 2016 Section 401C(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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: Building levy:
a: prescribing the rate of the levy to be paid under section 53
b: providing for the method by which the levy will be calculated:
c: providing for the payment and collection of the levy: Licensing:
d: prescribing the fees or charges payable in respect of the licensing, disciplining, and registration of building practitioners Part 4
i: an application to be licensed as a building practitioner; and
ii: the issue of that evidence of being licensed
iii: the renewal of that evidence of being licensed
da: providing for waivers and refunds of the whole or any part of a fee or charge referred to in paragraph (d):
e: 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
ii: the amount of the levy; and
iii: the method by which the levy will be calculated; and
iv: the criteria and other requirements by and against which the levy will be set or reset; and
v: the payment and collection of the levy; and
vi: 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: specifying—
i: the information that must be provided by persons who make complaints against a licensed building practitioner or a former licensed building practitioner; and
ii: the way in which that information must be evaluated; and
iii: the way in which decisions on whether or not to proceed with the complaint must be made and implemented:
g: prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register of licensed building practitioners established and maintained under section 298
i: the operation of the register:
ii: access to the register:
iii: the location of, and hours of access to, the register:
iv: search criteria for the register:
h: 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:
i: prescribing the manner in which rules made under section 353 Acceptance of independently qualified pool inspectors:
ia: prescribing matters in respect of the acceptance and renewal of acceptance of independently qualified pool inspectors, including the fees or charges payable: General matters:
j: prescribing procedures for regulating and controlling the construction, maintenance, and demolition of buildings:
k: prescribing the form or content of applications, or any other documentation or information that is required to accompany applications or is otherwise
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)
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 incorporating those plans and specifications into a building consent:
kd: defining the minor variations that may be made to a building consent for the purposes of section 45A
l: prescribing information to be provided to the chief executive by—
i: territorial authorities and building consent authorities in relation to buildings and building work; and
ii: regional authorities and owners of dams in relation to dams:
m: prescribing time limits for the purposes of this Act:
n:
na: designating a licensing class or classes for carrying out or supervising particular types of—
i: building work; or
ii: building inspection work:
o: prescribing systems or parts of systems that amount to specified systems for the purposes of this Act:
p: defining moderate earthquake for the purposes of sections 133AB 153
pa: defining ultimate capacity for the purposes of section 133AB
q: defining moderate flood for the purposes of section 153
qa: defining earthquake threshold event for the purposes of section 153A
qb: defining flood threshold event for the purposes of section 153A
r: prescribing the minimum terms and conditions of an insurance policy for the purposes of section 192(2)﻿(a)
s: providing for the approval of schemes of insurance for the purposes of section 192(2)﻿(b)
t: prescribing the criteria and standards that an applicant must meet to be accredited as—
i: a building consent authority; or
ii:
iii: a dam owner:
iv:
ta: prescribing the fees payable for an audit under section 249(a) or 257
tb: prescribing, in relation to product certification bodies,—
i: the fees payable under section 262A
ii: for the purposes of section 263(1)
A: requirements for policies, procedures, and systems:
B: other criteria and standards for accreditation:
iii: for the purposes of section 267A
A: requirements to have adequate means to cover civil liabilities:
B: other criteria and standards for registration:
u: prescribing, in relation to product certification bodies,—
i: the criteria and standards for certification of a building product or building method for the purposes of section 269
ii: in relation to reviews under section 270
ua: prescribing the kinds of building products that are modular components for the purposes of the definition of modular component in section 7
ub: prescribing, in relation to modular component manufacturer certification bodies,—
i: for the purposes of section 272J(1)
A: requirements for policies, procedures, and systems:
B: other criteria and standards for accreditation:
ii: in relation to audits under section 272K
A: the frequency with which audits must be conducted:
B: matters that an MCMC accreditation body must take into account in carrying out an audit:
C: other requirements that an MCMC accreditation body must comply with in carrying out an audit:
D: the fees payable for an audit or the rate at which, or method by which, those fees are to be calculated:
iii: for the purposes of section 272N
A: requirements to have adequate means to cover civil liabilities:
B: other criteria and standards for registration:
uc: prescribing, in relation to modular component manufacturers,—
i: for the purposes of section 272U(1)
A: requirements for policies, procedures, and systems:
B: other criteria and standards for certification:
ii: in relation to audits under section 272V
A: the frequency with which audits must be conducted:
B: matters that a registered MCMCB must take into account in carrying out an audit:
C: other requirements that a registered MCMCB must comply with in carrying out an audit:
iii: for the purposes of section 272Y
A: requirements to have adequate means to cover civil liabilities:
B: other criteria and standards for registration:
ud: prescribing the information to be included in, and other requirements for, manufacturers’ certificates for modular components for the purposes of section 272ZF
v: determining or fixing scales of charges or other criteria for the purpose of fixing charges by the chief executive under Part 3
w: prescribing—
i: the matters in respect of which fees are payable under this Act, and the amount of those fees; or
ii: the rate at which, or method by which, fees are to be calculated for the purposes of this Act:
wa: defining the meaning of classifiable dam:
wb: defining the meaning of referable dam:
wc: designating or describing an area or proximity to an area or feature for the purposes of section 134A
x: prescribing
i: classifying dams; or
ii: preparing a dam safety assurance programme:
xa: prescribing disclosure information for the purposes of section 362D(2)﻿(a)
xb: prescribing a checklist for the purposes of section 362D(2)﻿(b)
xc: prescribing the minimum price for building work for the purposes of section 362D(1)﻿(a)
xd: prescribing the minimum price for building work for the purposes of section 362F(1)
xe: prescribing the content of, or information or clauses or terms that must be contained in, a residential building contract for the purposes of section 362F(2)﻿(c)
xf: prescribing any or all of the information and documentation for the purposes of section 362T(2)
xg: prescribing information requirements for building products for the purposes of section 362VA
y: specifying infringement offences for the purposes of this Act:
z: setting the infringement fee for each infringement offence (which may not exceed $20,000):
za: prescribing the forms that must be used for issuing an infringement notice:
zb: prescribing, for the purposes of section 362V(2)
zc: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: 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.
3: Regulations under this section are secondary legislation ( see Part 3 1991 No 150 s 48(2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 402(1)﻿(d) amended 13 March 2012 section 83(1) Building Amendment Act 2012 Section 402(1)﻿(d)﻿(ii) amended 15 March 2008 section 87(1) Building Amendment Act 2008 Section 402(1)﻿(d)﻿(iii) amended 15 March 2008 section 87(1) Building Amendment Act 2008 Section 402(1)﻿(da) inserted 13 March 2012 section 83(2) Building Amendment Act 2012 Section 402(1)﻿(e) amended 13 March 2012 section 83(3) Building Amendment Act 2012 Section 402(1)﻿(i) amended 8 June 2021 section 95(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(ia) heading inserted 1 January 2017 section 16 Building (Pools) Amendment Act 2016 Section 402(1)﻿(ia) inserted 1 January 2017 section 16 Building (Pools) Amendment Act 2016 Section 402(1)﻿(k) amended 8 June 2021 section 95(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(ka) inserted 1 August 2009 section 30 Building Amendment Act 2009 Section 402(1)﻿(kb) inserted 1 August 2009 section 30 Building Amendment Act 2009 Section 402(1)﻿(kc) inserted 1 August 2009 section 30 Building Amendment Act 2009 Section 402(1)﻿(kd) inserted 1 August 2009 section 30 Building Amendment Act 2009 Section 402(1)﻿(n) repealed 13 March 2012 section 83(4) Building Amendment Act 2012 Section 402(1)﻿(na) inserted 15 March 2008 section 87(2) Building Amendment Act 2008 Section 402(1)﻿(o) replaced 13 March 2012 section 83(5) Building Amendment Act 2012 Section 402(1)﻿(p) amended 1 July 2017 section 39(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 402(1)﻿(pa) inserted 1 July 2017 section 39(2) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 402(1)﻿(qa) inserted 15 March 2008 section 87(3) Building Amendment Act 2008 Section 402(1)﻿(qb) inserted 15 March 2008 section 87(3) Building Amendment Act 2008 Section 402(1)﻿(t)﻿(ii) repealed 14 April 2005 section 20(2) Building Amendment Act 2005 Section 402(1)﻿(t)﻿(iv) repealed 8 June 2021 section 95(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(ta) inserted 15 March 2008 section 87(4) Building Amendment Act 2008 Section 402(1)﻿(ta) amended 8 June 2021 section 95(4) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(tb) inserted 8 June 2021 section 95(5) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(u) replaced 8 June 2021 section 95(6) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(ua) inserted 8 June 2021 section 95(6) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(ub) inserted 8 June 2021 section 95(6) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(uc) inserted 8 June 2021 section 95(6) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(ud) inserted 8 June 2021 section 95(6) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(w) replaced 15 March 2008 section 87(5) Building Amendment Act 2008 Section 402(1)﻿(wa) inserted 28 November 2013 section 67(1) Building Amendment Act 2013 Section 402(1)﻿(wb) inserted 28 November 2013 section 67(1) Building Amendment Act 2013 Section 402(1)﻿(wc) inserted 28 November 2013 section 67(1) Building Amendment Act 2013 Section 402(1)﻿(x) amended 17 December 2019 section 27 Building Amendment Act 2019 Section 402(1)﻿(xa) inserted 28 November 2013 section 67(2) Building Amendment Act 2013 Section 402(1)﻿(xb) inserted 28 November 2013 section 67(2) Building Amendment Act 2013 Section 402(1)﻿(xc) inserted 28 November 2013 section 67(2) Building Amendment Act 2013 Section 402(1)﻿(xd) inserted 28 November 2013 section 67(2) Building Amendment Act 2013 Section 402(1)﻿(xe) inserted 28 November 2013 section 67(2) Building Amendment Act 2013 Section 402(1)﻿(xf) inserted 28 November 2013 section 67(2) Building Amendment Act 2013 Section 402(1)﻿(xg) inserted 8 June 2021 section 95(7) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 402(1)﻿(zb) amended 1 January 2015 section 67(3) Building Amendment Act 2013 Section 402(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
402A: Chief executive must review regulations made under section 402(1)﻿(kb)
The chief executive must, within 2 years after the commencement 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
b: prepare for the Minister a report on the findings of that review. Section 402A inserted 1 August 2009 section 31 Building Amendment Act 2009
403: Consultation requirements for making
certain regulations and other Orders in Council
1: This section applies to—
a: an Order in Council proposed to be made under section 9A 9B 285
b: regulations proposed to be made under section 400 401 402(1)﻿(xg)
2: 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 accordance with subsections (3) and (4).
3: 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 interests of persons likely to be substantially affected by the making of the relevant Order in Council or regulations; and
b: advise the Minister of the results of that consultation.
4: 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
b: giving a reasonable opportunity for interested persons to make submissions; and
c: adequate and appropriate consideration of submissions.
5: A failure to comply with this section does not affect the validity of any Order in Council or regulations made. 1991 No 150 s 48(4) Section 403 heading amended 7 September 2022 section 96(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 403(1)﻿(a) amended 7 September 2022 section 96(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 403(1)﻿(b) amended 7 September 2022 section 96(3) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
404: Certain regulations must not come into force earlier than specified date
Any regulations made under section 402(1)﻿(n) sections 45(1)﻿(e) 84 to 89 Incorporation of material by reference
405: Incorporation of material by reference into
certain instruments, solutions, and methods
1: The following material may be incorporated by reference into any instrument
a: standards, requirements, or recommended practices of national or international organisations:
b: 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.
2: Material may be incorporated by reference in an instrument—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the instrument.
3: The incorporated material—
a: is the material as it exists at the time that the instrument is made or issued; and
b: forms part of the instrument for all purposes and has legal effect accordingly.
4: In this section and in sections 406 to 413 instrument
a: any regulations; and
b: any acceptable solution or verification method; and
c: any Order in Council made under section 9A 9B 41 285 ; and
d: the EPB methodology set under section 133AV
e: product certification scheme rules made under section 272E
f: modular component manufacturer certification scheme rules made under section 272ZG Section 405 heading amended 1 July 2017 section 40(1) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 405(1) amended 15 March 2008 section 88(2) Building Amendment Act 2008 Section 405(4) inserted 15 March 2008 section 88(3) Building Amendment Act 2008 Section 405(4)﻿(b) replaced 28 November 2013 section 68(2) Building Amendment Act 2013 Section 405(4)﻿(c) amended 7 September 2022 section 97(1) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 405(4)﻿(c) amended 1 July 2017 section 40(2) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 405(4)﻿(d) inserted 1 July 2017 section 40(3) Building (Earthquake-prone Buildings) Amendment Act 2016 Section 405(4)﻿(e) inserted 7 September 2022 section 97(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 Section 405(4)﻿(f) inserted 7 September 2022 section 97(2) Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
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 material; and
b: the amendment or replacement material is of the same general character as the material amended or replaced; and
c: either,—
i: in the case of material incorporated in an instrument that is secondary legislation, further secondary legislation is made that states
ii: in the case of material incorporated in any other instrument Gazette Section 406(c)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 406(c)﻿(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021
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
a: certified as a correct copy of the material by the Minister or, as appropriate, the chief executive; and
b: retained by the Minister or, as appropriate, the chief executive.
2: The production in proceedings of a certified copy of the material 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
1: Material incorporated by reference in an instrument that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the instrument only if—
a: in the case of material incorporated in an instrument that is secondary legislation, the Minister, by notice, states that the material ceases to have legal effect; or
b: in the case of material incorporated in any other instrument, the chief executive, by notice in the Gazette
2: A notice under subsection (1)﻿(a) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 408(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 408(1)﻿(a) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 408(1)﻿(b) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 408(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
409: Requirement to consult
1: This section applies if—
a: the Minister proposes to make a recommendation for—
i: secondary legislation to be made under this Act that incorporates material by reference; or
ii: secondary legislation under section 406(c)﻿(i)
b: the chief executive proposes to—
i: issue any other instrument that incorporates material by reference; or
ii: publish, under section 406(c)﻿(ii) Gazette
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 incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference ( proposed material
b: make copies of the proposed material available for purchase at a reasonable price at the Ministry's office in Wellington; and
c:
d: give notice in the Gazette
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
ii: copies of the proposed material can be purchased and the place at which they can be purchased; and
iii:
e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
f: consider any comments they make.
2A: Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the chief executive—
a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and
b: must, if paragraph (a) applies, give notice in the Gazette
3: The reference in subsections (2) and (2A) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material.
4: A failure to comply with this section does not invalidate an instrument that incorporates material by reference. Section 409(1) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 409(2)﻿(c) repealed 14 April 2005 section 24(1)﻿(a) Building Amendment Act 2005 Section 409(2)﻿(d)﻿(iii) repealed 14 April 2005 section 24(1)﻿(b) Building Amendment Act 2005 Section 409(2A) inserted 14 April 2005 section 24(2) Building Amendment Act 2005 Section 409(3) amended 14 April 2005 section 24(3) Building Amendment Act 2005
410: Access to material incorporated by reference
1: The chief executive—
a: must make the material referred to in subsection (2) ( material
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 following 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
ii: the design of buildings using timber, concrete, concrete masonry, and steel; and
iii: plumbing installation; and
iv: access for persons with disabilities; and
v: 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
e: must give notice in the Gazette
i: the material is incorporated in an instrument and the date on which the instrument was made; and
ii: the material is available for inspection during working hours, free of charge, at the Ministry's office in Wellington and the location of that office; and
iii: copies of the material can be purchased at all of the Ministry's offices and the location of those offices; and
iv: the material referred to in paragraph (c) is available for inspection during working hours, free of charge, at all of the Ministry's offices and the location of those offices; and
v: 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 accessed or obtained.
1A: Subsection (1)﻿(c) does not apply to any material that relates only to product standards or product testing standards.
2: The material is—
a: material incorporated by reference in an instrument:
b: 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:
c: 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.
3: A failure to comply with this section does not invalidate an instrument that incorporates material by reference. Section 410(1) replaced 14 April 2005 section 25 Building Amendment Act 2005 Section 410(1A) inserted 14 April 2005 section 25 Building Amendment Act 2005
411: Application of Legislation Act 2019 to provisions incorporated by reference
Subpart 1 section 114 Section 411 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
Section 412 repealed 5 August 2013 section 77(3) Legislation Act 2012
413: Application of Standards and Accreditation Act 2015 not affected
Sections 405 to 412 sections 29 to 32 Section 413 amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Amendments and repeal
414: Amendments to other enactments
The enactments specified in Schedule 4
415: Repeal
1: The Building Act 1991 is repealed.
2: Despite the repeal of the Building Act 1991
a: the Building Regulations 1992
b: 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
ii: until the commencement of the first Order in Council that prescribes the rate of the building levy under section 53
4: Transitional provisions
Outline of transitional provisions
416: Outline of transitional provisions
1: The general scheme and effect of the transitional provisions is as follows:
a: on 30 November 2004,—
i: the Authority is dissolved; and
ii: the regulation-making powers in the Act, and its transitional provisions relating to the dissolution of the Authority, come into force; and
iii: the provisions setting out the functions of the chief executive under the Act come into force; and
iv: the obligation of territorial authorities to adopt a policy on dangerous, earthquake-prone, and insanitary buildings comes into force; and
v: the licensing regime for building practitioners comes into force; and
vi: the obligation of the chief executive to review the building code
b: 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
c: on 31 March 2005,—
i: the rest of this Act (except some provisions) comes into force; and
ii: the Building Act 1991 is repealed; and
iii: the building control provisions of the Act (for example, the provisions relating to building consents, code compliance certificates, and compliance schedules) come into force; and
d: 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
e: between 30 November 2004 and 31 May 2006, territorial authorities and regional authorities must apply to be registered under section 191
f: on and after the date specified in section 450(3)﻿(b)﻿(ii) section 191
g: on 30 November 2010
i: the requirement that restricted building work must be carried out or supervised by a licensed building practitioner comes into force; and
ii: 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 29 August 2007 section 5(3) Building (Consent Authorities) Amendment Act 2007 Section 416(1)﻿(f) amended 14 April 2005 section 3(8) Building Amendment Act 2005 Section 416(1)﻿(g) amended 15 March 2008 section 89 Building Amendment Act 2008 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.
2: Subsection (1)—
a: is for the avoidance of doubt; and
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
b: in connection with that dissolution,—
i: the employee is offered equivalent employment in the Ministry (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in the Ministry.
2: In this section, equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the Authority (and any other period of service recognised by the Authority as continuous service) as if it were continuous service with the Ministry. 1988 No 20 s 30E
422: Reappointment of employee of Authority to Ministry
Sections 60 to 61B 65 1988 No 20 s 30F
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.
2: The report must—
a: describe the Authority's operations for the financial year commencing immediately before the commencement of this section; and
b: include—
i: financial statements of the Authority prepared, in accordance with Part 5
ii: an audit report prepared by the Auditor-General and a management statement relating to those financial statements.
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, application, notice, or other document in force immediately before the commencement of this section must, on and after that commencement, be read with all necessary modifications as a reference to the chief executive.
2: To avoid doubt, on and after the commencement of this section,—
a: a reference to the Authority in the Building Act 1991 must be read as a reference to the chief executive; and
b: the Building Act 1991 section 415
425: Proceedings of Authority
Any proceedings to which the Authority is, or becomes, a party (whether before or after the commencement of this section) may be commenced, continued, completed, and enforced by or against the Crown. Validations
426: Validation of levy
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.
2: The matters are—
a: the accumulation of levies imposed under that Part and of any proceeds from those levies received by the Authority; and
b: the application of those levies and proceeds by the chief executive for the purposes of this Act. Other transitional provisions
429: Transitional provision for matters of doubt or dispute relating to building control under former Act
1: This section applies to an application for a determination under section 17 of the former Act that has been made, but not determined or withdrawn, before the commencement of this section.
2: Despite the repeal of the former Act, an application to which this section applies must be determined by the chief executive 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
b: this Act applies to the levy in all respects.
431: Transitional provision for rate of building levy under this Act
1: Despite section 53(2)﻿(a)﻿(ii)
2: The period is the period that—
a: begins on the commencement of Part 2
b: ends on the commencement of the first Order in Council that sets the prescribed rate of the building levy.
432: Transitional provision for certain applications
1: This section applies if, before the commencement of this section,—
a: 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
b: an application for a building consent is made under section 33 of the former Act and the building consent has not been granted or refused; or
c: 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,—
a: 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 section 32
b: the application referred to in subsection (1)﻿(b) must be treated as if it were an application under section 45
c: 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: section 59 of the former Act remains in force as if this Act had not been passed; and
b: 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: section 93
b: accordingly, a building consent authority Section 433(2)﻿(b) amended 14 April 2005 section 16(2)﻿(b) Building Amendment Act 2005
434: Transitional provision for certain entries on certificates of title made under former Act
1: 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
b: an entry in the records of the Surveyor-General or the Maori Land Court under section 36(7) of the former Act; and
c: an entry under section 641A
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 accordingly with all necessary modifications.
435: Transitional provision for notices issued under former Act
1: This section applies to any of the following notices issued before 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 rectify under section 45(4) or section 46(5) of that Act):
b: a notice under section 65(1)﻿(b) of the former Act requiring work to be done on a dangerous building:
c: a notice under section 65(2) of the former Act requiring work to be done on an insanitary building:
d: a notice under section 66(3)﻿(b) of the former Act requiring work to be done on an earthquake-prone building.
2: On and from the commencement of this section, a notice to 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
b: 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)
436: Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
1: This section applies to building work carried out under a building 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.
3: For the purposes of subsection (2), section 43 of the former Act—
a: remains in force as if this Act had not been passed; but
b: must be read as if—
i: a code compliance certificate may be issued only if the territorial authority is satisfied that the building work concerned complies with the building code
ii: 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
b: 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 former Act; or
ii: a code compliance certificate under section 95
2: A territorial authority may, on application, issue a certificate of acceptance.
3: For the purposes of subsection (2), sections 96(2) and (3) 97 to 99
4: A reference to a building certifier section 191
438: Transitional provision for code compliance certificates and compliance schedules issued under former Act
1: On the commencement of this section,—
a: a code compliance certificate issued under section 43 of the former Act section 95
b: a compliance schedule issued under section 44 of the former Act section 102
2:
3: A person who immediately before the commencement of this section was accepted by a territorial authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule continues to be accepted until the authority withdraws its acceptance.
4:
5: Section 438(2) repealed 13 March 2012 section 87 Building Amendment Act 2012 Section 438(3) replaced 14 April 2005 section 26 Building Amendment Act 2005 Section 438(4) repealed 13 March 2012 section 87 Building Amendment Act 2012 Section 438(5) repealed 13 March 2012 section 87 Building Amendment Act 2012
439: Transitional provision for document used in establishing compliance with building code
1: This section applies if, before the commencement of this section,—
a: a document for use in establishing compliance with the building code
b: in a case where that document has been approved, the approval has not been withdrawn under section 49(6) of that Act.
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 28 November 2013 section 72 Building Amendment Act 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 determined 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 commencement of this section must be continued and completed in all respects under the former Act as if this Act had not been passed.
3: For the purposes of this section and section 441
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.
2: The chief executive may, until the close of 31 May 2006, grant the application.
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
a: who, immediately before the commencement of this section, held a current approval as a building certifier under section 51 of the former Act; and
b: whose approval is continued or renewed, and has not expired, under the former Act or section 441
443: Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority
Every approved building certifier has until 31 May 2006 to apply to be registered as a building consent authority under section 191
444: What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006
1: An approved building certifier who applies to be registered as 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
b: a code compliance certificate under section 95
2: In this section, transitional period
445: What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006
1: 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
b: a code compliance certificate under section 95
2: An approved building certifier may, in respect of an application 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.
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 sections 444 and 445
1: For the purposes of sections 444 445
a: sections 54 to 57 of the former Act remain in force as if this Act had not been passed; and
b: a building consent authority must accept, under section 19(1) building code
c: a party may apply, under section 177
2: For the purposes of subsection (1)﻿(c), sections 176 to 190
3: In this section, party
a: has the meaning given by section 176
b: 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 material, 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
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
b: proceedings under Part 9 of the former Act (including court proceedings related to an application for a determination under section 17 of that Act).
2: Any proceedings to which this section applies that were commenced, 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
1: A territorial authority may, during the period specified in subsection (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
2:
3: The period is the period that—
a: begins on the date of commencement of Part 2
b: ends on the earlier of—
i: the date on which an application for registration by the territorial authority under section 191
ii: 31 March 2009
3A: A territorial authority that is registered under section 191
3B: The time is the earlier of the following:
a: the close of the day before the date specified in subsection (3)﻿(b)﻿(ii); and
b: the time at which the regional authority whose region includes the territorial authority's district—
i: is registered under section 191
ii: transfers its functions as a building consent authority in relation to dams in that district to another regional authority, under subpart 4 subpart 2
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 authority under this Act; and
b: this Act applies with all necessary modifications.
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 under subsection (3D) is secondary legislation ( see Part 3
4: This section overrides sections 14 193 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 450 heading amended 29 August 2007 section 5(4) Building (Consent Authorities) Amendment Act 2007 Section 450(2) repealed 29 August 2007 section 5(5) Building (Consent Authorities) Amendment Act 2007 Section 450(3)﻿(b)﻿(ii) amended 26 June 2008 clause 3 Building (Building Consent Authority Transition) Order 2008 Section 450(3A) inserted 29 August 2007 section 5(2) Building (Consent Authorities) Amendment Act 2007 Section 450(3B) inserted 29 August 2007 section 5(2) Building (Consent Authorities) Amendment Act 2007 Section 450(3C) inserted 29 August 2007 section 5(2) Building (Consent Authorities) Amendment Act 2007 Section 450(3D) inserted 29 August 2007 section 5(2) Building (Consent Authorities) Amendment Act 2007 Section 450(3E) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
450A: Transitional and savings provision for residential pools
1: Fencing of a residential pool in accordance with clauses 1 to 10 section 162C
2: Sections 22(2) and (3) 23 24 25A
3: In this section and the Schedule fence fencing Section 450A inserted 1 January 2017 section 17 Building (Pools) Amendment Act 2016
450B: Savings provision for existing residential pools
1: This section applies to a residential pool that was constructed, erected, or installed before 1 January 2017 (an existing pool
2: An existing pool is deemed to have barriers that comply with section 162C
a: complied with the Schedule
b: continue to comply with those requirements subject to—
i: any exemption that was granted under section 6 clause 11
ii: the conditions of any such exemption.
3: Alternatively, an existing pool is deemed to comply with section 162C
a: the outside surface of the side walls of the pool is constructed so as to inhibit climbing; and
b: no part of the top of any side wall of the pool is less than 1.2 m above—
i: the adjacent ground level; and
ii: any permanent projection from the ground outside of the pool and within 1.2 m of the walls of the pool; and
iii: any object standing on the ground outside of the pool and within 1.2 m of the walls of the pool; and
c: any ladder or other means of access to the interior of the swimming pool—
i: can be readily removed or made inoperable; and
ii: is removed or made inoperable whenever the pool is not intended to be in use. 1987 No 178 s 5(a) Section 450B inserted 1 January 2017 section 17 Building (Pools) Amendment Act 2016 Review of building code
451: Chief executive must review building code
1: The chief executive must, within 3 years after the commencement of this section,—
a: review the building code
b: prepare for the Minister a report on the review that includes recommendations setting out any amendments to the building code
2: In conducting the review, the chief executive must consider—
a: the extent to which the building code
b: the extent to which the building code