Reprint as at 1 January 2014

Building Act 2004

Public Act2004 No 72
Date of assent24 August 2004
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

1 Title

Part 1
Preliminary provisions

Subpart 1General

Commencement

2 Commencement

Purpose and principles

3 Purposes

4 Principles to be applied in performing functions or duties, or exercising powers, under this Act

Overview

5 Overview

Application of Act to the Crown

6 Act binds the Crown

Subpart 2Interpretation

General

7 Interpretation

Meaning of building

8 Building: what it means and includes

9 Building: what it does not include

Meaning of allotment

10 Meaning of allotment

Subpart 3Outline of regulatory roles under this Act

11 Role of chief executive

12 Role of building consent authority and territorial authority

13 Role of regional authority

14 Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams

Subpart 4Outline of responsibilities under this Act

14A Outline of responsibilities under this Act

14B Responsibilities of owner

14C Responsibilities of owner-builder

14D Responsibilities of designer

14E Responsibilities of builder

14F Responsibilities of building consent authority

14G Responsibilities of product manufacturer or supplier

Part 2
Building

Subpart 1Preliminary

15 Outline of this Part

Subpart 2Building code

Requirement to comply with building code

16 Building code: purpose

17 All building work must comply with building code

18 Building work not required to achieve performance criteria additional to or more restrictive than building code

Establishing compliance with building code

19 How compliance with building code is established

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

21 What happens if regulations specifying that there is only 1 means of complying with building code are made or not made

Acceptable solution or verification method

22 Acceptable solution or verification method for use in establishing compliance with building code

23 Effect of acceptable solution or verification method

24 Chief executive may amend or revoke acceptable solution or verification method

25 Content of acceptable solution or verification method

25A Acceptable solutions and verification methods to be available on Ministry's Internet site

Warnings and bans

26 Chief executive may issue warning about, or ban use of, building methods or products

27 Offence to use building method or product in breach of ban under section 26

28 Limits on certain powers of building consent authority in cases involving bans under section 26

Procedural requirements for acceptable solutions, verification methods, warnings, and bans

29 Procedural requirements for acceptable solutions, verification methods, warnings, and bans

30 Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans

National multiple-use approvals

30A National multiple-use approval establishes compliance with building code

30B How to apply for national multiple-use approval

30C Applications for national multiple-use approval relating to design work that is restricted building work

30D Chief executive must decide whether to accept, for processing, application for national multiple-use approval

30E Processing application for national multiple-use approval

30F Issue of national multiple-use approval

30G Refusal to issue national multiple-use approval

30H Suspension or revocation of national multiple-use approval

Subpart 3Building work—Project information memoranda and building consents

Project information memoranda

31 Building consent authority must apply for project information memorandum

32 Owner may apply for project information memorandum

33 Content of application

34 Issue of project information memorandum

35 Content of project information memorandum

36 Territorial authority may issue development contribution notice

37 Territorial authority must issue certificate if resource consent required

38 Territorial authority must give copy of project information memorandum in certain circumstances

39 Territorial authority must advise New Zealand Historic Places Trust in certain circumstances

Building consents

40 Buildings not to be constructed, altered, demolished, or removed without consent

41 Building consent not required in certain cases

42 Owner must apply for certificate of acceptance if building work carried out urgently

42A Building work for which building consent is not required under Schedule 1

43 Building consent not required for energy work

44 When to apply for building consent

45 How to apply for building consent

45A Minor variations to building consents

45B Changes to plans and specifications that have national multiple-use approval

46 Copy of certain applications for building consent must be provided to New Zealand Fire Service Commission

47 New Zealand Fire Service Commission may give advice on applications under section 46

48 Processing application for building consent

49 Grant of building consent

50 Refusal of application for building consent

51 Issue of building consent

52 Lapse of building consent

Building levy

53 Applicant for building consent liable to pay levy

54 Building consent authority must advise applicant of amount of levy payable

55 Exemption from levy

56 Payment of levy sufficient unless estimated value of building work changes

57 Payment of levy if building work completed in stages

58 Liability to pay levy: building consent authority

59 Liability to pay levy: territorial authority

60 Territorial authority may retain part of levy

61 Chief executive may recover unpaid levies from territorial authority

62 Territorial authority may recover unpaid levies from applicant for building consent

63 Chief executive may obtain information in order to assess amount of levy payable

64 Audit of issue of building consents for purpose of ascertaining payment of levy

65 Chief executive may enter into agreements for auditing certain information

66 Chief executive must review levy

Waivers and modifications

67 Territorial authority may grant building consent subject to waivers or modifications of building code

68 Territorial authority must notify chief executive if waiver or modification granted

69 Waiver or modification may only be granted by chief executive in certain cases

70 Applications relating to energy work

Limitations and restrictions on building consents: Construction of building on land subject to natural hazards

71 Building on land subject to natural hazards

72 Building consent for building on land subject to natural hazards must be granted in certain cases

73 Conditions on building consents granted under section 72

74 Steps after notification

Limitations and restrictions on building consents: Construction of building on 2 or more allotments

75 Construction of building on 2 or more allotments

76 Exemption from section 75

77 Building consent must not be granted until condition is imposed under section 75

78 Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77

79 Effect of entry recorded on certificate of title

80 Certificates of title for 2 or more allotments subject to registered instrument

81 Mortgage, charge, or lien has priority over registered instrument

82 Registrar-General of Land may require preparation of plan

83 Owner may apply for entry to be removed

Subpart 4Requirements 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

85 Offences relating to carrying out or supervising restricted building work

86 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner

87 Owner must notify names of licensed building practitioners engaged in restricted building work

87A Notices to building consent authority when owner-builder carries out restricted building work

88 Licensed building practitioner to provide record of work in respect of restricted building work

Other provisions relating to building work generally

89 Licensed building practitioner must notify building consent authority of breaches of building consent

90 Inspections by building consent authorities

Subpart 4ARestricted building work carried out by owner-builders

90A Purpose of this subpart

90B Meaning of owner-builder

90C Meaning of relevant interest

90D Owner-builder exemption

Subpart 5Code compliance certificates, certificates of acceptance, and compliance schedules

Code compliance certificates

91 Building consent authority that grants building consent to issue code compliance certificate

92 Application for code compliance certificate

93 Time in which building consent authority must decide whether to issue code compliance certificate

94 Matters for consideration by building consent authority in deciding issue of code compliance certificate

95 Issue of code compliance certificate

95A Refusal to issue code compliance certificate

Certificates of acceptance

96 Territorial authority may issue certificate of acceptance in certain circumstances

97 How to apply for certificate of acceptance

98 Processing application for certificate of acceptance

99 Issue of certificate of acceptance

99A Refusal of application for certificate of acceptance

Compliance schedules

100 Requirement for compliance schedule

101 Owner must comply with requirement for compliance schedule

102 When compliance schedule must be issued

102A Procedure for obtaining compliance schedule where building consent not required

103 Content of compliance schedule

104 Building consent authority must notify territorial authority of issue of compliance schedule

104A Territorial authority must issue statement in relation to compliance schedule

105 Obligations of owner if compliance schedule is issued

106 Application by owner for amendment to compliance schedule

107 Territorial authority may amend compliance schedule on own initiative

Annual building warrant of fitness

108 Annual building warrant of fitness

109 Territorial authority must consider recommendation to amend compliance schedule

110 Owner must obtain reports on compliance schedule

111 Inspections by territorial authority

Alterations to existing buildings

112 Alterations to existing buildings

113 Buildings with specified intended lives

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

115 Code compliance requirements: change of use

116 Code compliance requirements: extension of life

116A Code compliance requirements: subdivision

116B Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire

Access to buildings by persons with disabilities

117 Definition for sections 118 to 120

118 Access and facilities for persons with disabilities to and within buildings

119 Acceptable solution for requirements of persons with disabilities

120 Symbols of access must be displayed

Subpart 6Special provisions for certain categories of buildings

Definitions of dangerous, affected, earthquake-prone, and insanitary buildings

121 Meaning of dangerous building

121A Meaning of affected building

122 Meaning of earthquake-prone building

123 Meaning of insanitary building

Powers of territorial authorities in respect of dangerous, affected, earthquake-prone, or insanitary buildings

124 Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority

125 Requirements for notice requiring building work or restricting entry

126 Territorial authority may carry out work

127 Building work includes demolition of building

128 Prohibition on using dangerous, affected, earthquake-prone, or insanitary building

128A Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings

129 Measures to avoid immediate danger or to fix insanitary conditions

130 Territorial authority must apply to District Court for confirmation of warrant

Policy on dangerous, earthquake-prone, and insanitary buildings

131 Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings

132 Adoption and review of policy

132A Policy must take into account affected buildings

Application of subpart to dams

133 Application of this subpart to dams

Subpart 7Safety of dams

Dams to which provisions of this subpart apply

133A Dams to which subpart 7 provisions apply

133B Measurement of dams

Notification of classifiable or referable dam

133C Obligation to notify regional authority of classifiable or referable dam and change of ownership

Classification of dams

134 When owner must classify dam

134A Regional authority may require owner to classify referable dam

134B Method of classification

134BA Classification of dams that are canals

134C Offence of failing to classify dam

135 Owner must provide classification of, and certificate for, dam to regional authority

135A Certifying engineer must notify regional authority and owner if dam dangerous

136 Regional authority must decide whether to approve or refuse dam classification

137 Dam classification provided to regional authority by accredited dam owner deemed to have been approved

138 Regional authority must require re-audit of dam classification that it refuses to approve

139 Owner must review dam classification

Dam safety assurance programmes

140 Requirement for dam safety assurance programme

141 Content of dam safety assurance programme

142 Owner must provide dam safety assurance programme to regional authority

143 Regional authority must decide whether to approve or refuse dam safety assurance programme

144 Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved

145 Regional authority must require re-audit of dam safety assurance programme that it refuses to approve

146 Review of dam safety assurance programme

147 Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme

148 Obligations of owner in relation to dam safety assurance programme

148A Dam safety assurance programme for dams that are canals

148B Dam safety assurance programme for 2 or more dams forming single reservoir

Who is recognised engineer

149 Who is recognised engineer

Dam compliance certificate

150 Owner of dam must supply annual dam compliance certificate

150A Annual dam compliance certificate requirements not to apply to accredited dam owner

151 Register of dams

152 Information to be provided to chief executive

Dangerous dams

153 Meaning of dangerous dam

153A Meaning of earthquake-prone dam and flood-prone dam

153B Owner must notify regional authority of dangerous dam

154 Powers of regional authorities in respect of dangerous dams

155 Requirements for notice given under section 154

156 Regional authority may carry out work

157 Measures to avoid immediate danger

158 Regional authority must apply to District Court for confirmation of warrant

159 Building work includes decommissioning and demolition of dam

160 Power of regional authority not limited

Policy on dangerous dams

161 Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams

162 Adoption and review of policy

Subpart 8Notices to fix

163 Definitions for this subpart

164 Issue of notice to fix

165 Form and content of notice to fix

166 Special provisions for notices to fix from building consent authority

167 Inspection of building work under notice to fix

168 Offence not to comply with notice to fix

Part 3
Regulatory responsibilities and accreditation

Subpart 1Responsibilities of chief executive

Functions, duties, and powers of chief executive generally

168A Chief executive's functions in relation to this Act

169 Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister

170 Chief executive must consult in performing certain functions

171 Chief executive may seek advice from building advisory panel

172 Appointment of building advisory panel

173 Function of panel

174 Chief executive must report on panel's operation

175 Chief executive may publish guidance information

Power of chief executive to make determinations

176 Meaning of party

177 Application for determination

178 Requirements for application for determination

179 Chief executive may refuse application for determination

180 Application for determination may be withdrawn

181 Chief executive may make determination on own initiative

182 No proceedings until determination made

183 Decision or exercise of power suspended until determination made

184 Chief executive must decide whether to make determination

185 When determination must be completed

186 Procedure for determination

187 Chief executive may engage persons to assist with determination

188 Determination by chief executive

189 Clarification of determination

190 Parties' costs

Power of chief executive to register persons as building consent authorities for purposes of this Act

191 Chief executive may enter person's name in register of building consent authorities

192 Criteria for registration

193 Effect of registration

194 Application for registration

195 Chief executive must decide application for registration

196 Registration continuous so long as person meets criteria for registration

197 Consequences of failure to meet criteria for registration

198 Effect of suspension

199 Offence for person to perform functions of building consent authority or regional authority if person not registered, etc

200 Complaints about building consent authorities

201 Chief executive may conduct investigation on own initiative

202 Procedure if chief executive proceeds to investigate complaint or matter

203 Disciplinary powers of chief executive

Further powers of chief executive

204 Special powers of chief executive for monitoring performance of functions under this Act

205 Limits on power to enter land or building

206 Chief executive must supply warrant

207 Duties of person supplied with warrant

207A Chief executive may require person to provide information or produce documents

207B Offence of failing to comply with chief executive's notice for provision of information

Appeal from chief executive's decisions

208 Appeals to District Court

209 Procedure for commencing appeal

210 Steps after appeal is commenced

211 Powers of District Court on appeal

Subpart 2Responsibilities of territorial authorities

Functions, duties, and powers of territorial authorities generally

212 Territorial authority must act as building consent authority for its district

213 Territorial authority may make arrangements relating to functions of building consent authority

214 How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority

215 Territorial authority must gain accreditation and be registered

216 Territorial authority must keep information about buildings

217 Access to certain information kept by territorial authority

218 Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under section 169

219 Territorial authority may impose fee or charge and must collect levy

Power of territorial authority to carry out building work on default

220 Territorial authority may carry out building work on default

221 Recovery of costs when territorial authority carries out work on default

Powers of territorial authority to carry out inspections and enter land

222 Inspections by territorial authority

223 Duty to assist inspections

224 Warrant must be produced

225 Offence to impersonate authorised officer

226 Restriction on entry to household unit

227 District Court may authorise entry to household unit

228 Authorised officer must give notice to occupier of household unit

Enforcement powers of territorial authority

[Repealed]

229 Authorisation of enforcement officers [Repealed]

230 Conditions of authorisation [Repealed]

231 Offence to impersonate enforcement officer [Repealed]

Delegation of power

232 Delegation of powers by territorial authority and its officers

Transfer of functions, duties, or powers of territorial authority

233 Transfer of functions, duties, or powers of territorial authority

234 Procedure for transfer

235 Territorial authorities may agree on terms of transfer

236 Effect of transfer

Subpart 3Responsibilities of building consent authority that is not territorial authority or regional authority

237 Application of subpart

238 Duties of building consent authority

239 Building consent authority must provide information to chief executive

240 Building consent authority may impose fee or charge and must collect levy

Subpart 4Responsibilities of regional authorities

Functions, duties, and powers of regional authorities generally

241 Regional authority must gain accreditation and be registered

242 Regional authority must provide information to chief executive

243 Regional authorities may impose fee or charge and recover costs, and must collect levy

Transfer of functions, duties, and powers of regional authority

244 Transfer of functions, duties, and powers of regional authority

245 Procedure for transfer

246 Regional authorities may agree on terms of transfer

247 Effect of transfer

Subpart 5Responsibilities of building consent accreditation body

Appointment of building consent accreditation body

248 Chief executive may appoint building consent accreditation body

Requirements for building consent accreditation body

249 Requirements for building consent accreditation body

Audit fees

249A Fees for audits

Accreditation of building consent authorities or regional authorities

250 Accreditation

251 Criteria for accreditation

252 Scope of accreditation of building consent authority that is not territorial authority

253 Application for accreditation

254 Revocation of accreditation

255 Building consent accreditation body must notify chief executive of grant and revocation of accreditation

Subpart 6Responsibilities of dam owner accreditation body

Appointment of dam owner accreditation body

256 Chief executive may appoint dam owner accreditation body

Requirements for dam owner accreditation body

257 Requirements for dam owner accreditation body

Audit fees

257A Fees for audits

Accreditation of dam owners

258 Accreditation

259 Revocation of accreditation

260 Dam owner accreditation body must notify chief executive of grant and revocation of accreditation

Subpart 7Responsibilities of product certification accreditation body

Appointment of product certification accreditation body

261 Chief executive may appoint product certification accreditation body

Requirements for product certification accreditation body

262 Requirements for product certification accreditation body

Audit fees

262A Fees for audits

Accreditation of product certification bodies

263 Accreditation

264 Criteria for accreditation

265 Application for accreditation

266 Suspension or revocation of accreditation

267 Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation

Certification of building methods or products

268 Application for product certificate

269 Issue of product certificate

270 Annual review of product certificate

271 Suspension or revocation of product certificate

272 Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate

Subpart 8Miscellaneous responsibilities

Chief executive must keep registers

273 Chief executive must keep registers

274 Purpose of registers

275 Content of register of building consent authorities

Chief executive may review territorial authorities

276 Review of territorial authorities

Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority

277 Non-performance by territorial authority

278 Criteria for appointment or renewal of appointment

279 Effect of appointment

280 Costs may be recovered from territorial authority

281 Requirements for appointment

Subpart 9Fees, charges, and additional costs

281A What fees and charges may be imposed

281B Authority may increase fee or charge to meet additional cost

281C Authority may waive or refund fee or charge

281D Validity of previous fees, charges, and additional costs

Part 4
Regulation of building practitioners

Subpart 1Preliminary

Definitions

282 Definitions for this Part

Purposes of licensing

282A Purposes of licensing building practitioners

General procedure of Board and Registrar under this Part

283 Specified procedure for making decisions

284 Other procedure for making decisions

Subpart 2Licensing and disciplining of building practitioners

Licensing classes

285 Licensing classes may be designated by regulations

How to become licensed

286 Entitlement to be licensed

287 Applications to become licensed

288 Registrar to license applicant or decline application

Provisions relating to licences

289 Duty to produce evidence of being licensed

290 Term of being licensed

Automatic licensing of certain professions

291 Automatic licensing of people registered under other enactments

Continuation of licensing

292 Licensed building practitioner must meet applicable minimum standards for licensing to continue

293 Consequences of failure to meet applicable minimum standards for licensing

Licensing cancellation and suspension

294 Cancellation of licensing

295 Mandatory licensing suspension

296 Voluntary licensing suspension

297 Effect of licensing suspension

Register of licensed building practitioners

298 Register of licensed building practitioners

299 Purpose of register

300 Form of register

301 Matters to be contained in register

Updates of register

302 Obligation to notify Registrar of change in circumstances

303 Registrar must contact licensed building practitioners on annual basis

304 Alterations to register

Searches of register

305 Search of register

306 Search criteria

307 Search purposes

308 When search constitutes interference with privacy of individual

309 Search fees

Registrar of Licensed Building Practitioners

310 Appointment of Registrar of Licensed Building Practitioners

311 Functions of Registrar

312 Power of Registrar to delegate

313 Certificate of Registrar to be conclusive evidence

Offences relating to licensing

314 Offences relating to licensing

Code of ethics and competence

314A Code of ethics for licensed building practitioners

314B Licensed building practitioner must work within competence

Discipline

315 Complaints about licensed building practitioners

316 Board must investigate complaints

317 Grounds for discipline of licensed building practitioners

318 Disciplinary penalties

319 Non-payment of fines or costs

320 Payment and application of charges, fines, and other money

Powers and procedure of Board on disciplinary matters

321 Board must act independently

322 Board may hear evidence for disciplinary matters

323 Issuing of summons by Board

324 Service of summons

325 Witnesses' fees, allowances, and expenses

326 Failure to comply with summons

327 Witness and counsel privileges

328 Enforcement of actions

329 Certificate of Board to be conclusive evidence

Appeal from decisions

330 Right of appeal

331 Time in which appeal must be brought

332 Method of bringing appeal

333 Notice of right of appeal

334 Actions to have effect pending determination of appeal

335 Procedure on appeal

336 Appeal authority's decision final

337 Appeal authority may refer matter back for reconsideration

338 Orders as to costs

339 Orders as to publication of names

340 Appeal on question of law

Subpart 3Building Practitioners Board

Establishment of Board

341 Establishment of Board

342 Capacity and powers

343 Board's functions

344 Composition of Board

345 Criteria for appointment

346 Further provisions relating to Board and its members

Reporting by Board

347 Obligation to prepare annual report

348 Form and content of annual report

349 Obligation for Board to provide annual report to Minister

350 Board to publish reports

351 Annual reports to be presented to House of Representatives

352 Power of Minister to require information relating to affairs of Board

Rules

353 Rules relating to licensed building practitioners

354 Chief executive to prepare proposed rules

355 Particular requirements for preparation of rules containing LBP standards

356 Rules to be approved by Board

357 Revision of rules

358 Approval of revised rule

359 Requirements of sections 355 to 358 relate to amendments and revocations by Board

360 Rules to be approved by Minister

361 Rules made when approved by Minister

362 Status of rules

Part 5
Miscellaneous provisions

Subpart 1Other offences and criminal proceedings

Offence relating to building control

362A Premises in respect of which duty arises under section 363

363 Protecting safety of members of public using premises open to public or intended for public use

363A Public use of premises may be allowed before issue of code compliance certificate in some circumstances

363B Application of section 363 to building work where consent granted, or work begun, before 31 March 2005 [Repealed]

363C Section 363 does not apply to building work commenced before 31 March 2005

364 Offence for residential property developer to transfer household unit without code compliance certificate

Offences relating to administration of Act

365 Offence to fail to comply with direction of authorised person

366 Offence to impersonate building consent authority or regional authority, etc

367 Offence to obstruct execution of powers under this Act

Miscellaneous offences

368 Offence to remove or deface notices

369 Offence to make false or misleading statement

Proceedings for infringement offences

370 Interpretation

371 Proceedings for infringement offences

371A Who may issue infringement notices

371B Authorisation to issue infringement notice

371C Conditions of authorisation

371D Offence to impersonate enforcement officer

372 Issue of infringement notices

373 Form of infringement notices

374 Payment of infringement fees

Proceedings for offences generally

375 Prosecution of offences

376 Offences punishable on summary conviction [Repealed]

377 Filing charging document

378 Time limit for filing charging document

379 Offence under more than 1 enactment

380 What constitutes continuing offence

381 District Court may grant injunctions for certain continuing breaches

382 Terms of injunction or order

383 District Court may direct chief executive to make determination

384 District Court may grant interim injunctions

385 Application of section 381 to Crown organisation

386 Liability of principal for acts of agents

387 Liability for acts of employees or agents of Crown organisations

388 Strict liability and defences

389 Fines to be paid to territorial authority or regional authority instituting prosecution

Subpart 2Civil proceedings and defences

390 Civil proceedings may not be brought against chief executive, employees, etc

391 Civil proceedings against building consent authorities

392 Building consent authority not liable

393 Limitation defences

Subpart 3Miscellaneous

Service of notices

394 Service of notices

395 Notices in relation to Māori land

Implied terms of contracts

396 Application of sections 397 to 399

397 Implied warranties for building work in relation to household units

398 Proceedings for breach of warranties may be taken by person who was not party to contract for building work

399 Person may not give away benefit of warranties

Regulations

400 Regulations: building code

401 Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code

401A Regulations: building consents and consent completion certificates

401B Order in Council declaring work to be restricted building work

402 Regulations: general

402A Chief executive must review regulations made under section 402(1)(kb)

403 Consultation requirements for making regulations

404 Certain regulations must not come into force earlier than specified date

Incorporation of material by reference

405 Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods

406 Effect of amendments to, or replacement of, material incorporated by reference

407 Proof of material incorporated by reference

408 Effect of expiry of material incorporated by reference

409 Requirement to consult

410 Access to material incorporated by reference

411 Application of Legislation Act 2012 to provisions incorporated by reference

412 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed]

413 Application of Standards Act 1988 not affected

Amendments and repeal

414 Amendments to other enactments

415 Repeal

Subpart 4Transitional provisions

Outline of transitional provisions

416 Outline of transitional provisions

No compensation for loss of office

417 No compensation for loss of office

Dissolution of Authority

418 Authority dissolved

419 Assets and liabilities vest in Crown

420 Protection from civil liability for members, building referees, and employees of Authority continued

421 Restriction of compensation for technical redundancy

422 Reappointment of employee of Authority to Ministry

423 Final reports and accounts

424 References to Authority

425 Proceedings of Authority

Validations

426 Validation of levy

427 Validation of past expenditure of levy

428 Validation of accumulation of levy

Other transitional provisions

429 Transitional provision for matters of doubt or dispute relating to building control under former Act

430 Transitional provision for building levy under former Act

431 Transitional provision for rate of building levy under this Act

432 Transitional provision for certain applications

433 Transitional provision for building consents granted under former Act

434 Transitional provision for certain entries on certificates of title made under former Act

435 Transitional provision for notices issued under former Act

436 Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act

437 Transitional provision for issue of certificate of acceptance

438 Transitional provision for code compliance certificates and compliance schedules issued under former Act

439 Transitional provision for document used in establishing compliance with building code

440 Transitional provision for applications for approval as building certifier under former Act

441 Transitional provision for applications for continuation or renewal of approval as building certifier under former Act

442 Meaning of approved building certifier

443 Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority

444 What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006

445 What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006

446 Certain provisions of former Act apply for purposes of sections 444 and 445

447 Transitional provision for certificate of accreditation issued under former Act

448 Transitional provision for proceedings under former Act

449 Territorial authorities and regional authorities must apply to be registered by 31 May 2006

450 When territorial authority may and must act as building consent authority during transition to this Act

Review of building code

451 Chief executive must review building code

Schedule 1
Building work for which building consent not required

Schedule 2
Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies

Schedule 3
Further provisions applying to Board

Schedule 4
Enactments amended

Reprint notes