Building Amendment Act 2008

1: Title
This Act is the Building Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-03-15 Building Act 2004
3: Principal Act amended
This Act amends the Building Act 2004
1: Amendments to principal Act
4: Commencement
Section 2(3) 2009 2010
5: Principles to be applied in performing functions, duties, or exercising powers, under this Act
Section 4(2)(k) people persons
6: Interpretation
1: Paragraph (a) of the definition of dam section 7
2: The definition of estimated value section 7 values consideration
3: Paragraph (b) of the definition of owner section 7
ii: for the purposes of sections 32, 44, 92, 96, and 97, any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, and who is bound by the agreement because the agreement is still in force .
4: Section 7 restricted building work restricted building work
a: means building work that is—
i: critical to the integrity of a building, for example, its envelope and structure; and
ii: of a kind declared by the Governor-General by Order in Council to be building work that must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise that work; and that Order in Council may relate, without limitation, to certain types or categories of buildings, or parts of buildings specified in the Order in Council; and
b: includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and
c: does not include any building work for which, in accordance with section 41, a building consent is not required .
5: Section 7 consideration large dam prescribed fee .
7: Building: what it does not include
Section 9
ab: a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or .
8: Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
1: Section 14(3)(b) sections 40 to 116, 220 to 232, and 276 to 281 sections 40 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374
2: Section 14(4) sections 31 to 116, 220 to 232, and 276 to 281 sections 31 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374
9: Compliance documents to be available on Ministry’s website
Section 25A
10: Content of project information memorandum
Section 35(1) ; 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, a statement that the building must comply with—
i: section 118 (relating to access and facilities for persons with disabilities to and within buildings); and
ii: the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.
11: How to apply for building consent
1: Section 45
2: If an application for a building consent relates to 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, any plans and specifications referred to in subsection (1) that accompany the application must—
a: be prepared by, or under the supervision of, 1 or more licensed building practitioners; and
b: be the subject of a memorandum—
i: prepared by 1 or more licensed building practitioners who carried out or supervised the restricted building work; and
ii: that identifies that work; and
iii: that is provided with the plans and specifications.
2: Section 45(3)
3: Section 45(4) certification memorandum
12: Waiver or modification may only be granted by chief executive in certain cases
Section 69(1)(b) people persons
13: Building consent for building on land subject to natural hazards must be granted in certain cases
Section 72 that is a territorial authority a building consent authority
14: Conditions on building consents granted under section 72
Section 73(1) that is a territorial authority A building consent authority
15: Licensed building practitioner must carry out or supervise restricted building work
Section 84 whose licence authorises him or her who is licensed
16: Offences relating to carrying out or supervising restricted building work
1: Section 85(1) whose licence authorises the practitioner who is licensed
2: Section 85(1A) his or her licence does not authorise him or her he or she is not licensed
17: Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
Section 86(1)(b)(ii) whose licence authorises him or her who is licensed
18: Licensed building practitioner to certify restricted building work
1: The heading to section 88 or provide memorandum about certify
2: Section 88
1: Each licensed building practitioner who carries out or supervises restricted building work under a building consent must, on completion of the restricted building work,—
a: provide the persons specified in subsection (2) with a memorandum, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised; and
b: if applicable, give to the persons specified in subsection (2) a certificate, in the prescribed form, stating that any specified systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the building consent.
3: Section 88(4)
a: omitting A certificate A memorandum provided or certificate
b: omitting the certificate the memorandum or certificate
19: Application for code compliance certificate
Section 92
2A: If applicable, the owner must include with the application any memoranda provided by licensed building practitioners under section 88(1)(a).
20: New section 95A inserted
The following section is inserted after section 95
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.
21: New section 99A inserted
The following section is inserted after section 99
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.
22: Content of compliance schedule
Section 103(1)(c) or other persons licensed building practitioners
23: New section 104A inserted
The following section is inserted after section 104
104A: Territorial authority must issue statement in relation to compliance schedule
A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days after receiving the compliance schedule, provide the owner of the building for which the compliance schedule was issued with the statement in relation to the compliance schedule described in section 105(e).
24: Annual building warrant of fitness
Section 108(5)
aa: fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or .
25: Owner must obtain reports on compliance schedule
Section 110(a) or other person licensed building practitioner
26: Buildings with specified intended lives
Section 113(1) 50 years or less less than 50 years
27: Access symbol must be displayed
1: The heading to section 120 Access symbol Symbols of access
2: Section 120 access symbol symbols of access
28: New heading and section 133A inserted
The following heading and section are inserted after the subpart 7 Dams to which provisions of this subpart apply
133A: Dams to which subpart 7 provisions apply
1: Sections 157 to 159 apply to all dams.
2: The other provisions in this subpart apply only to large dams.
29: Review of dam safety assurance programme
Section 146
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.
30: New section 150A inserted
The following section is inserted after section 150
150A: Annual dam compliance certificate requirements not to apply to accredited dam owner
Section 150 does not apply to an accredited dam owner.
31: Meaning of dangerous dam
1: Section 153
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).
2: Section 153(c)
32: New section 153A inserted
The following section is inserted after section 153
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).
33: Regional authority must adopt policy on dangerous dams
1: The heading to section 161 , earthquake-prone dams, and flood-prone dams
2: Section 161(1) within its district , earthquake-prone dams, and flood-prone dams within its region
34: Form and content of notice to fix
Section 165(1)
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.
35: Special provisions for notices to fix from building consent authority
1: Section 166(1) that is not a territorial authority or a regional authority
2: Section 166(2) or a regional authority that is not a territorial authority
36: Application for determination
1: Section 177(c)
iia: grant or refuse an exemption from building consent requirements under paragraph (k) of Schedule 1; or .
2: Section 177(f) under subpart 5 of Part 2
37: Heading above section 191 amended
The heading above section 191 or regional authorities
38: Effect of suspension
1: Section 198(1) An authority A building consent authority
2: Section 198(3)
a: by omitting an authority a building consent authority
b: by omitting the person the authority
39: Appeals to District Court
1: Section 208(1)(b)(i) or, as the case may be, a regional authority
2: Section 208(2)(c) or, as the case may be, the regional authority
40: Territorial authority must keep information about buildings
Section 216(2)(b)
iva: memoranda provided by licensed building practitioners under section 45(2) or 88(1)(a): .
41: Heading to subpart 3 of Part 3 amended
The heading to subpart 3 or regional authority
42: New heading and section 249A inserted
The following heading and section are inserted after section 249 Audit fees
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) by the building consent accreditation body on the building consent authority.
43: Accreditation
Section 250 and on payment by the person of the prescribed fee (if any), section 253,
44: Application for accreditation
1: Section 253(c) (if any); and (if any).
2: Section 253(d)
45: New heading and section 257A inserted
The following heading and section are inserted after section 257 Audit fees
257A: Fees for audits
A dam owner accreditation body may charge an accredited dam owner the prescribed fee (if any) for an audit conducted under section 257(a) by the dam owner accreditation body on the accredited dam owner.
46: Accreditation
1: Section 258(1) and on payment by the person of the prescribed fee (if any), subsection (3),
2: Section 258(3)(c) (if any); and (if any).
3: Section 258(3)(d)
47: New heading and section 262A inserted
The following heading and section are inserted after section 262 Audit fees
262A: Fees for audits
A product certification accreditation body may charge an accredited product certification body the prescribed fee (if any) for an audit conducted under section 262(1)(a) by the product certification accreditation body on the accredited product certification body.
48: Accreditation
Section 263 and on payment by the person or body of the prescribed fee (if any), section 265,
49: Application for accreditation
1: Section 265(c) (if any); and (if any).
2: Section 265(d)
50: New section 266 substituted
Section 266
266: Suspension or revocation of accreditation
1: A product certification accreditation body or the chief executive may, at any time, suspend or revoke the accreditation under section 263 of a product certification body, if the product certification accreditation body or chief executive—
a: is satisfied that the product certification body no longer meets the prescribed criteria and standards for accreditation; and
b: has first given the product certification body concerned a reasonable opportunity to be heard.
2: A product certification accreditation body that, or chief executive who, suspends the accreditation of a product certification body must—
a: give the product certification body a reasonable period to meet the criteria and standards prescribed for accreditation; and
b: lift the suspension if it or he or she is satisfied that the product certification body meets those standards and criteria within that period.
3: A product certification accreditation body or the chief executive may revoke the accreditation of a product certification body at the expiry of the period given in subsection (2)
4: Despite subsections (1) and (3)
a: the prescribed criteria and standards for accreditation are amended; and
b: the product certification body no longer meets those criteria and standards solely as a result of the amendments.
5: The limit in subsection (4)
51: Product certification accreditation body must notify chief executive of grant or revocation of accreditation
1: The heading to section 267 , suspension, lifting of suspension, grant
2: Section 267(1) , suspends, lifts the suspension of, grants
3: Section 267(2)(b) , suspension, lifting of suspension, grant
52: New section 271 substituted
Section 271
271: Suspension or revocation of product certificate
1: A product certification body that performed the certification of a building method or product, or the chief executive, may, at any time, suspend or revoke that product certificate if the product certification body or chief executive has first given the proprietor of the building method or product a reasonable opportunity to be heard, and the product certification body or chief executive is satisfied that—
a: the certificate has been obtained by fraud, misrepresentation, or concealment of facts; or
b: the building method or product no longer meets the prescribed criteria and standards for certification (whether this becomes apparent as a result of an annual review of a product certificate under section 270 or otherwise); or
c: any certification, or similar authorisation issued or granted in respect of that building method or product, has been revoked or cancelled for any reason; or
d: the building code no longer applies to the building method or product because of an amendment to the code.
2: A product certification body that, or chief executive who, suspends a product certificate must—
a: give the proprietor of the building method or product a reasonable period to rectify the matter that led to the suspension of the product certificate; and
b: lift the suspension if it or he or she is satisfied that the product certification body has rectified the matter within that period.
3: A product certification body or the chief executive may revoke the product certificate at the expiry of the period given in subsection (2)
4: Despite subsections (1) and (3)
a: the prescribed criteria and standards for certification are amended; and
b: the building method or product to which the certificate relates no longer meets those criteria and standards solely as a result of the amendments.
5: The limit in subsection (4)
53: Product certification body must notify chief executive of issue and revocation of certificate
1: The heading to section 272 , suspension, lifting of suspension, issue
2: Section 272(1) , suspends, lifts the suspension of, issues
3: Section 272(2)(b) , suspension, lifting of suspension, issue
54: Definitions for this Part
1: Paragraph (a) of the definition of applicable minimum standards for licensing section 282 class of licence licensing class
2: The definition of building inspection work section 282
e: inspection, maintenance, or reporting procedures stated in a compliance schedule .
55: New heading and section 282A inserted
The following heading and section are inserted after section 282 Purposes of licensing
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.
56: New heading and section 285 substituted
Section 285 Licensing classes
285: Licensing classes may be designated by regulations
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.
57: Entitlement to licence
1: The heading to section 286 licence be licensed
2: Section 286(b) holding a licence being licensed
58: Applications for licence
1: The heading to section 287 for licence to become licensed
2: Section 287 for a licence to become licensed
59: Registrar to license applicant or decline application
1: Section 288(1)
a: license the applicant; and .
2: Section 288(1)(b) of the issue of that licence that he or she has been licensed
60: Duty to produce evidence of issue of licence
1: The heading to section 289 issue of licence being licensed
2: Section 289(a) the issue of a licence sent to that person being licensed sent to the licensed building practitioner
61: New section 290 substituted
Section 290
290: Term of being licensed
Licensing continues in force until it is cancelled or suspended under this subpart.
62: Automatic licensing of people registered under other enactments
1: Section 291(2) hold a licence of were licensed in
2: Sections 291(3)
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).
63: Licensed building practitioner must meet applicable minimum standards for licensing to continue to be licensed
1: The heading to section 292 to be licensed
2: Section 292(3) licence licensing
64: Consequences of failure to meet applicable minimum standards for licensing
Section 293 licence licensing
65: New heading above section 294 substituted
The heading above section 294 Licensing cancellation and suspension
66: Cancellation of licence
1: The heading to section 294 licence licensing
2: Section 294 licence licensing
67: Mandatory suspension of licence
1: Section 295 Mandatory licensing suspension
2: Section 295 licence licensing
68: Voluntary suspension of licence
1: Section 296 Voluntary licensing suspension
2: Section 296 licence licensing
69: Effect of suspension of licence
1: Section 297 Effect of licensing suspension
2: Section 297 licence licensing
70: Register of licensed building practitioners
Section 298(1) rules regulations
71: Purpose of register
Section 299(a)(i) licence licensing
72: Form of register
Section 300(3) practical necessary or practical or appropriate
73: Matters to be contained in register
1: Section 301(1)(l) licence licensing
2: Section 301(1)(l)(i) of licence held by the person in which the person is licensed
3: Section 301(2)(a) licence person’s licensing
74: Obligation to notify Registrar of change in circumstances
Section 302(1) applicant for a licence person applying to become licensed
75: Registrar must contact licensed building practitioners on annual basis
1: Section 303(3) licence licensing
2: Section 303(4)(a) licence licensing
3: Section 303(5)(a) licence licensing
76: Functions of Registrar
Section 311(b) licences persons’ licensing
77: Certificate of Registrar to be conclusive evidence
Section 313(2)(c) authorised licensed
78: Offences relating to licensing
Section 314(3)(a) the issue of a licence being licensed
79: Board must investigate complaints
Section 316(2)(a) holds a licence is licensed
80: Grounds for discipline of licensed building practitioners
1: Section 317(1)
c: a licensed building practitioner has carried out or supervised restricted building work or building inspection work of a type that he or she is not licensed to carry out or supervise; or .
2: Section 317(1)
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 or supervise, or has carried out or supervised, (as the case may be),—
i: to provide a memorandum, in accordance with section 45(2)(b), about any plans and specifications required to accompany the building consent application; or
ii: to provide the persons specified in section 88(2) with a memorandum, on completion of the restricted building work, in accordance with section 88(1); or
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 .
3: Section 317(1)(e) obtaining a licence (either for himself or herself or for any other person) becoming licensed himself or herself, or for the purpose of any other person becoming licensed
81: Disciplinary penalties
1: Section 318(1)(a)(i) licence licensing
2: Section 318(1)(b) licence licensing
3: Section 318(1)(c) class of licence that he or she holds person’s licensing class or classes
82: Non-payment of fines or costs
Section 319 licence licensing
83: Right of appeal
1: Section 330(1)(b) licence licensing
2: Section 330
2: A person may appeal to a District Court against any decision of the Board—
a: made by it on an appeal brought under subsection (1); or
b: to take any action referred to in section 318.
84: Form and content of annual report
Section 348(1)(b) class of licence licensing class
85: Rules relating to licensed building practitioners
1: Section 353(1) class of licence licensing class
2: Section 353(2) a licence licensing
86: District Court may grant injunctions for certain continuing breaches
Section 381(1)(a) section 165 section 168
87: Regulations: general
1: Section 402(1)(d) licence evidence of being licensed
2: Section 402(1)
na: designating a licensing class or classes for carrying out or supervising particular types of—
i: building work; or
ii: building inspection work: .
3: Section 402(1)
qa: defining earthquake threshold event for the purposes of section 153A
qb: defining flood threshold event for the purposes of section 153A .
4: Section 402(1)
ta: prescribing the fees payable for an audit under section 249(a), 257(a), or 262(1)(a), or the rate at which, or method by which, those fees are to be calculated: .
5: Section 402(1)
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: .
88: Incorporation of material by reference into regulations and compliance document
1: The heading to section 405 , certain Orders in Council, regulations
2: Section 405(1) regulations or compliance document ( instruments instrument
3: Section 405
4: In this section and in sections 406 to 413, instrument
a: any regulations; and
b: any compliance document; and
c: any Order in Council made under section 41 or 285.
89: Outline of transitional provisions
Section 416(1)(g) 2009 2010
90: Transitional provision for code compliance certificates and compliance schedules issued under former Act
Section 438 2009 2010
91: Amendment to Schedule 1
1: Schedule 1
a: any lawful repair and maintenance using comparable materials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorporated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976, except—
i: complete or substantial replacement of a specified system; or
ii: complete or substantial replacement of any component or assembly contributing to the building’s structural behaviour or fire-safety properties; or
iii: repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or
iv: repair or replacement of any water storage heater connected to a solid-fuel heater or other supplementary heat exchanger, except for the repair, or replacement with a comparable heater, of any open-vented water storage heater using the same pipework:
ab: the opening and reinstatement of any purpose-made access point within a drainage system that—
i: is not a NUO system or part of a NUO system; and
ii: is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976: .
2: Schedule 1
b: the construction of any motorway sign, stopbank, culvert for carrying water under or in association with a road, or other similar structure that is a simple structure and is owned or controlled by a network utility operator or other similar organisation: .
3: Paragraph (d) of Schedule 1 , in each case hoarding
4: Schedule 1
da: the construction of any dam that is not a large dam: .
2: Validation and transitional provisions
92: Validation in respect of levies on estimated value of building work
1: For the purpose of determining the calculation of any relevant levy on building work, the principal Act must be read as if at all material times it contained the definition of estimated value section 7 section 6
2: In this section, relevant levy
a: imposed under section 53
b: calculated in accordance with section 53(2)(a)
c: prescribed in the Building Levy Order 2005
d: paid to the chief executive by the applicant for a building consent.
93: Transitional provision for content of project information memorandum
A territorial authority that issues a project information memorandum need not comply with section 35(1)(i)
94: Transitional provision for refusal of application for code compliance certificate
1: This section applies to a code compliance certificate application—
a: made under section 92 section 436
b: in respect of which a building consent authority has not made a decision under section 93
2: A building consent authority that refuses to issue a code compliance certificate in respect of an application to which this section applies need not comply with section 95A
95: Transitional provision for refusal of application for certificate of acceptance
1: This section applies to an application for a certificate of acceptance—
a: made under section 97 section 437
b: in respect of which a territorial authority has not granted or refused a certificate of acceptance before the commencement of this Act.
2: A territorial authority that refuses to issue a certificate of acceptance in respect of an application to which this section applies need not comply with section 99A