Building Amendment Act 2010

1: Title
This Act is the Building Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Building Act 2004 2010-07-07 Building Act 2004
4: New section 177 substituted
Section 177
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), or (4)
2: Subsection (1)(b)
a: a building consent:
b: an extension under section 52(b) of the period during which building work must be commenced before a building consent lapses:
c: an extension under section 93(2)(b)(ii) of the period during which the authority must decide whether to issue a code compliance certificate:
d: a code compliance certificate:
e: a compliance schedule:
f: a notice to fix.
3: Subsection (1)(b)
a: any waiver or modification of the building code under section 67:
b: a certificate of acceptance under section 96:
c: an exemption from building consent requirements under paragraph (k) of Schedule 1:
d: an amendment to a compliance schedule under section 106, 107, or 109:
e: a notice to fix:
f: sections 112, 113, 115, and 116 (which relate to alterations to, or changes in the use of, a building) and 124 and 129 (which relate to dangerous, earthquake-prone, and insanitary buildings):
g: a certificate for public use under section 363A:
h: a certificate under section 224(f) of the Resource Management Act 1991.
4: Subsection (1)(b)
5: Nothing in this section limits or affects section 70(4) or 446(1)(c).
5: Appeals to District Court
1: Section 208(1)
aa: a written direction given by the chief executive under section 190 to the applicant or another party, and requiring that person to meet some or all of the other party's costs in respect of, or in respect of an application for, a determination against which all or any of the persons referred to in subsection (2) have made an appeal under paragraph (a) (whether or not that appeal has been determined); or .
2: Section 208(2)(a) or (aa) subsection (1)(a)
6: Procedure for commencing appeal
Section 209(1)(a)
ia: in the case of an appeal under section 208(1)(aa) .
7: Steps after appeal is commenced
Section 210(1)(b) or (aa) section 208(1)(a)
8: Powers of District Court on appeal
1: Section 211(1)(a) , direction, determination
2: Section 211(1)(c) make any determination or decision that the chief executive could have made make or give any determination, direction, or decision that the chief executive could have made or given
3: Section 211(2) , direction, determination
4: Section 211(3) , direction, determination
9: Suspension or revocation of product certificate
Section 271(2)(b) product certification body proprietor of the building method or product
10: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
Section 412(2) (other than a compliance document) an instrument made or issued under this Act
11: Schedule 1 amended
1: Paragraph (a) of Schedule 1
iv: repair or replacement of a water storage heater connected to a solid-fuel heater or other supplementary heat exchanger (other than—
A: repair of an open-vented water storage heater using the same pipework; or
B: replacement of an open-vented water storage heater with a comparable heater using the same pipework): .
2: Paragraph (ad) of Schedule 1 and that is not repair or replacement to which paragraph (a)(iv) subsubparagraph (A) or (B)