Building Act 2004 No 72 (as at 01 August 2009), Public Act

5 Overview
  • (1) This Act replaces the Building Act 1991.

    (2) In this Act,—

    • (a) this Part deals with preliminary matters, including—

      • (i) the purpose of this Act:

      • (ii) interpretation:

      • (iii) the application of this Act to the Crown:

    • (b) Part 2 and Schedules 1 and 2 deal with matters relating to the building code and building control, including—

      • (i) the requirements relating to building work (for example, the requirement for a building consent):

      • (ii) the requirements relating to the use of buildings (for example, the requirement for a compliance schedule or the provisions relating to access to buildings by persons with disabilities):

      • (iii) provisions for certain categories of buildings (including dangerous, earthquake-prone, or insanitary buildings):

      • (iv) provisions for the safety of dams:

    • (c) Part 3

      • (i) sets out the main functions, duties, and powers of the chief executive, territorial authorities, building consent authorities, and regional authorities under this Act:

      • (ii) empowers the chief executive to register building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3:

      • (iii) provides for the appointment of a building consent accreditation body and the accreditation of building consent authorities:

      • (iv) provides for the appointment of a dam owner accreditation body and the accreditation of dam owners:

      • (v) provides for the appointment of a product certification accreditation body and the accreditation of product certification bodies:

      • (vi) sets out a process for the certification of building methods or products:

    • (d) Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the establishment of the Building Practitioners Board, and the making of rules relating to licensed building practitioners:

    • (e) Part 5 and Schedule 4 deal with miscellaneous matters that underpin the substantive provisions of this Act, including—

      • (i) offences and criminal proceedings:

      • (ii) implied terms of contracts that provide for building work to be carried out in relation to household units:

      • (iii) regulation-making powers:

      • (iv) amendments to other enactments and the repeal of the Building Act 1991:

      • (v) transitional provisions.

    (3) This section is intended only as a guide to the general scheme and effect of this Act.

    Section 5(2)(c)(ii): amended, on 14 April 2005, by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).