Building Amendment Act 2005

1: Title
1: This Act is the Building Amendment Act 2005.
2: In this Act, the Building Act 2004 the principal Act
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Interpretation
1: Section 7 paragraph (b) building work
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; and
d: in Part 4 supervise Part 4 .
2: Section 7 restricted building work restricted building work
a: means building work that—
i: requires a building consent; and
ii: relates to an element of a building that is critical to the integrity of the building and the health and safety of its occupants; and
iii: is building work of a kind declared by the Governor-General by Order in Council to be a restricted building work for the purposes of this Act; and
b: includes building work on—
i: the building envelope of a building; or
ii: the structural support of a building; 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 .
3: Section 7 territorial authority territorial authority Part 2 of Schedule 2 of the Local Government Act 2002
a: 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
b: in relation to any part of a coastal marine area (within the meaning of the Resource Management Act 1991 .
4: Section 11(h) territorial authorities , regional authorities,
5: Sections 91(3)(a) 192(1)(c) 193(2) 197(2) 199(2)(a) 203(2)(d) 252(1) territorial authority or a regional authority
6: Section 166
a: by inserting in subsection (1) authority that is not a territorial authority or a regional authority
b: by inserting in subsection (2) authority that is not a territorial authority
c: by omitting from subsection (2) for the district in which the building work is situated
7: Section 237
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 .
8: Section 416(1)(f) or territorial authorities
9: Schedule 1 paragraph (k) authority (or, as the case requires, the regional authority)
4: Building: what it means and includes
Section 8(1)
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.
5: New
section 14 The principal Act is amended by repealing section 14
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, 220 to 232, and 276 to 281
4: For the purposes of subsection (2), sections 31 to 116, 220 to 232, and 276 to 281
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.
6: New
section 25A The principal Act is amended by inserting, after section 25
25A: Compliance documents to be available on Ministry's website
1: The chief executive must ensure that—
a: promptly after a new compliance document is issued, a digital copy is publicly available on the Ministry's website:
b: even after a compliance document has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the website:
c: promptly after a compliance document is amended, there are publicly available on the Ministry's website—
i: a digital copy of the amendment; and
ii: a digital copy of the document in its up-to-date form.
2: The digital copy in its original form of a compliance document that has been amended—
a: must indicate that it has been amended; and
b: must give references, or provide links, to digital copies of all amendments; and
c: must give a reference, or provide a link, to the digital copy of the document in its up-to-date form.
3: The digital copy in its original form of a compliance document that has been revoked—
a: must indicate that it has been revoked; and
b: must state when it was revoked; and
c: if it has been replaced by another compliance document, must give a reference, or provide a link, to a digital copy of the replacement document in its up-to-date form.
4: The digital copies must be available free of charge.
7: Applicant for building consent liable to pay levy
1: Section 53
1: An applicant for a building consent is liable to pay to the chief executive a levy for, or in connection with, the performance of the chief executive's functions under this Act if the building consent is granted.
2: The principal Act is consequentially amended—
a: by omitting from sections 53(2)(b)(ii) 56 59(2) 64(1) issued granted
b: by omitting from section 58(1) issue grant
c: by omitting from section 59(1) issuing granting
8: Territorial authority may grant building consent subject to waivers or modifications of building code
Section 67
3: The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code relating to access and facilities for people with disabilities.
9: Offence for person to carry out or supervise restricted building work if person is not licensed building practitioner
1: Section 85 Offences relating to carrying out or supervising restricted building work
2: Section 85
1: A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner whose licence authorises the practitioner to carry out or supervise the carrying out of restricted building work of that kind.
1A: A licensed building practitioner commits an offence if he or she—
a: carries out restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of; or
b: supervises the carrying out of restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of.
10: Territorial authority may issue certificate of acceptance in certain circumstances
Section 96
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: if—
i: the work affects premises to which section 362A
ii: a building consent for the work was obtained before 31 March 2005; and
iii: the territorial authority is unable or refuses to issue a code compliance certificate for the work; and
iv: the application for the certificate of acceptance was made before 31 March 2010.
11: New
section 100 The principal Act is amended by repealing section 100
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.
12: Alterations to existing buildings
Section 112(1)(a) and to the same extent as if it were a new building
13: Code compliance requirements: change of use
Section 115(b)
i: comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters:
A: means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
B: access and facilities for people with disabilities (if this is a requirement under section 118
14: New
sections 116 to 116B
1: The principal Act is amended by repealing section 116
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
3: The territorial authority must not give its consent to the extension of the life of a building to which subsection (2)
a: has been altered in accordance with the condition; and
b: complies with section 112
116A: Code compliance requirements: subdivision
A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991
a: will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to one or more of the following matters:
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 continue to comply with the other provisions of the building code to at least the same extent as it did before the application for a subdivision was made.
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)
3: A person who commits an offence under this section is liable to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.
2: Section 224(f) Resource Management Act 1991 specified in section 116(3) described in section 116A
15: New section substituted
1: The principal Act is amended by repealing section 165
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 all or any building work cease immediately until the responsible authority is satisfied that the person carrying it out is able and willing to resume operations in compliance with this Act and the regulations.
2: Nothing in subsection (1) section 164
2: Form 13 Building (Forms) Regulations 2004 the territorial authority for the district within which the building is situated [ State whether the persons to whom the notice is given must contact the territorial authority for the district within which the building is situated, the regional authority for the region within which the building is situated, or both
16: New
section 191
1: The principal Act is amended by repealing section 191
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)
2: The principal Act is consequentially amended—
a: by omitting from sections 5(2)(c)(ii) 11(f) and regional authorities
b: by omitting from sections 19(1) 433(2)(b) or, as the case may be, a regional authority
c: by omitting from sections 192(1) 197(2)(a)(ii) 197(2)(b)(ii) 203(2)(d)(ii) appropriate register register of building consent authorities
d: by omitting from section 193(1) appropriate register may perform the functions of a building consent authority or, as the case may be, of a regional authority register of building consent authorities may perform the functions of a building consent authority
e: by omitting from section 196(1) or regional authority whose name is entered in the appropriate register (registered person) whose name is entered in the register of building consent authorities
f: by omitting from section 196(2) registered person who continues to meet those criteria is entitled to the continuation of the person's building consent authority that continues to meet those criteria is entitled to the continuation of its
g: by omitting from sections 197(1) 200(1) 200(2)(a) 200(3)(a) 201(2)(a) 202(2) 203(1) 203(2)(a) 203(2)(b) 203(2)(c) 203(4) registered person sections 203(1) 202(2) building consent authority
h: by omitting from section 199(1) or of a regional authority
i: by omitting from the heading to section 200 registered persons building consent authorities
j: by omitting from sections 196(2) 197(2)(a)(i) 197(2)(b)(i) 197(2)(b)(ii) 198(1) 198(2) 200(1)(a) 203(1)(a) 203(2)(d)(i) 203(2)(d)(ii) person's sections 198(2) 203(2)(d)(ii) authority's
k: by omitting from sections 197(2)(a)(i) 197(2)(b) person authority
l: by omitting from section 198(1) A person An authority
m: by omitting from section 198(3) a person an authority
n: by omitting from section 249(a) and accredited regional authorities
o: by omitting from sections 250 254(3) 255(1) 391 392(1) or a regional authority
p: by omitting from sections 254(2)(a) 254(2)(b) 392(3) 392(4)(a) 392(4)(b) or the regional authority
q: by omitting from sections 254(3)(b) 392(2)(b) 392(2)(c) or regional authority
r: by omitting from the heading to section 391 or regional authorities
s: by omitting from the heading to section 392 or regional authority
17: Territorial authority must act as building consent authority within its district
1: The heading to section 212 within for
2: Section 212(1) district , and for any coastal marine area (within the meaning of the Resource Management Act 1991
18: Regional authority must gain accreditation and be registered
Section 241
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.
19: Regional authorities may impose fee or charge and recover costs
1: Section 243 , and must collect levy
2: Section 243
1: A regional authority—
a: may impose a fee or charge—
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
20: Chief executive must keep registers
1: Section 273(1)(b)
2: Sections 274(a)(ii) 402(1)(t)(ii)
21: Functions of Registrar
Section 311
c: to help the Board to receive and investigate complaints under sections 315 and 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.
22: New
sections 362A to 363C
1: The principal Act is amended by repealing section 363
362A: Premises in respect of which duty arises under
section 363
1: This section applies to premises that—
a: are intended to be open to members of the public or are being used by members of the public; and
b: comprise all or part of a building.
2: For the purposes of subsection (1)
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.
363: Protecting safety of members of public using premises open to public or intended for public use
1: A person who owns, occupies, or controls premises to which section 362A
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: 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)
4: A person who commits an offence under this section is liable to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.
363A: Public use of premises may be allowed before issue of code compliance certificate in some circumstances
1: A person who owns, occupies, or controls premises to which section 362A
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)
6: Nothing in this section relieves the owner of a building from the obligation imposed by section 92(1)
363B: Application of
section 363
1: This section applies to building work if it affects premises to which section 362A
a: a building consent was granted for it before 31 March 2005; or
b: it began before 31 March 2005.
2: Before 31 March 2010, section 363(1)
3: On and after 31 March 2010, section 363(1) section 96(1)
363C: Section 363 Building Act 1991
1: Section 363(1)
2: Subsection (1)
2: Section 177(c)
iiia: issue or refuse to issue a certificate for public use under section 363A .
23: Offence for residential property developer to transfer household unit without code compliance certificate
Section 364
4: Subsection (1)
24: Requirement to consult
1: Section 409(2)
a: paragraph (c)
b: paragraph (d)(iii)
2: Section 409
2A: Before doing any of the things referred to in subsection (1)
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) Gazette
3: Section 409(3) subsection (2) subsections (2) and (2A)
25: Access to material incorporated by reference
Section 410
1: The chief executive—
a: must make the material referred to in subsection (2)
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)
v: if copies of the material are made available under paragraph (d)
1A: Subsection (1)(c)
26: Transitional provision for code compliance certificates and compliance schedules issued under former Act
Section 438
2: Before 30 November 2009,—
a: the reference in sections 103(1)(c) and 108(7)
b: the references in sections 108(3)(c), 108(3)(d), 108(7), 109, and 110(a)
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: Before 30 November 2009, a territorial authority—
a: may accept any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule:
b: may withdraw its acceptance of any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule (whether the acceptance occurred before or after the commencement of this section).
5: If not earlier withdrawn, a territorial authority's acceptance of a person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule expires on 30 November 2009.