Subpart 2Interpretation

General

7 Interpretation
  • In this Act, unless the context otherwise requires,—

    acceptable solution means an acceptable solution issued under section 22(1)

    accredited dam owner means an owner of a dam who is accredited under section 258

    allotment has the meaning given to it by section 10

    alter, in relation to a building, includes to rebuild, re-erect, repair, enlarge, and extend the building

    appurtenant structure, in relation to a dam, means a structure that is integral to the safe functioning of the dam as a structure for retaining water or other fluid

    Authority means the Building Industry Authority established under section 10(1) of the former Act

    Board has the meaning given to it by section 282

    building has the meaning given to it by sections 8 and 9

    building code means the regulations made under section 400

    building consent means a consent to carry out building work granted by a building consent authority under section 49

    building consent accreditation body means the person referred to in section 248(2)

    building consent authority means a person whose name is entered in the register referred to in section 273(1)(a)

    building levy means a levy payable under section 53

    building method or product has the meaning given to it by section 20

    building work

    • (a) means work—

      • (i) for, or in connection with, the construction, alteration, demolition, or removal of a building; and

      • (ii) on an allotment that is likely to affect the extent to which an existing building on that allotment complies with the building code; and

    • (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, and the definition in this section of supervise, also includes design work (relating to building work) of a kind declared by the Governor-General by Order in Council to be building work for the purposes of Part 4

    cable car

    • (a) means a vehicle—

      • (i) that carries people or goods on or along an inclined plane or a suspended cable; and

      • (ii) that operates wholly or partly outside of a building; and

      • (iii) the traction for which is supplied by a cable or any other means; but

    • (b) does not include a lift that carries people or goods between the floors of a building

    certificate of acceptance means a certificate issued under section 96

    chief executive means the chief executive of the Ministry

    classifiable dam has the meaning given to it by regulations made under this Act

    code compliance certificate means a certificate issued by a building consent authority under section 95

    compliance schedule means a compliance schedule required under section 100

    consideration, in relation to estimated value, has the meaning given to it in section 2(1) of the Goods and Services Tax Act 1985

    construct, in relation to a building, includes to design, build, erect, prefabricate, and relocate the building

    crest, in relation to a dam, means the uppermost surface of a dam, not taking into account any camber allowed for settlement, or any curbs, parapets, guard rails, or other structures that are not part of the water-retaining structure; and for the avoidance of doubt, any freeboard is part of the water-retaining structure for the purposes of this definition

    Crown organisation has the meaning given to it by section 4 of the Crown Organisations (Criminal Liability) Act 2002

    dam

    • (a) means an artificial barrier, and its appurtenant structures, that—

      • (i) is constructed to hold back water or other fluid under constant pressure so as to form a reservoir; and

      • (ii) is used for the storage, control, or diversion of water or other fluid; and

      • (iii) [Repealed]

    • (b) includes—

      • (i) a flood control dam; and

      • (ii) a natural feature that has been significantly modified to function as a dam; and

      • (iii) a canal; but

    • (c) does not include a stopbank designed to control floodwaters

    dam owner accreditation body means the person referred to in section 256

    dam safety assurance programme means a dam safety assurance programme prepared by an owner of a dam under section 140

    determination means a determination made by the chief executive under subpart 1 of Part 3

    employee includes,—

    • (a) in relation to a Crown organisation, the chief executive or principal officer (however described) of that organisation; and

    • (b) in relation to the New Zealand Defence Force, a member of the Armed Forces (as that term is defined in section 2(1) of the Defence Act 1990)

    energy work means—

    • (a) gasfitting; or

    • (b) prescribed electrical work

    energy work certificate means a certificate of the kind referred to in section 19(1)(e)

    estimated value, in relation to building work, means the estimated aggregate of the consideration, determined in accordance with section 10 of the Goods and Services Tax Act 1985, of all goods and services to be supplied for the building work

    falsework, in relation to building work or the maintenance of a building,—

    • (a) means any temporary structure or framework used to support materials, equipment, or an assembly; and

    • (b) includes steel tubes, adjustable steel props, proprietary frames, or other means used to support a permanent structure until it becomes self-supporting; but

    • (c) does not include scaffolding or cranes used for support

    fire hazard means the danger of potential harm and degree of exposure arising from—

    • (a) the start and spread of fire; and

    • (b) the smoke and gases that are generated by the start and spread of fire

    former Act means the Building Act 1991

    functional requirements, in relation to a building, means those functions that the building is required to perform for the purposes of this Act

    gasfitting has the meaning given to it by section 4 of the Plumbers, Gasfitters, and Drainlayers Act 2006

    high potential impact dam means a dam that has been classified under section 134B as having high potential impact

    household unit

    • (a) means a building or group of buildings, or part of a building or group of buildings, that is—

      • (i) used, or intended to be used, only or mainly for residential purposes; and

      • (ii) occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household; but

    • (b) does not include a hostel, boardinghouse, or other specialised accommodation

    independently qualified person means a person—

    • (a) who is accepted by a territorial authority as being qualified to—

      • (i) carry out or supervise all or some of the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule; and

      • (ii) certify that those procedures have been fully complied with; and

    • (b) whose acceptance under paragraph (a) has not been withdrawn by the territorial authority

    intended use, in relation to a building,—

    • (a) includes any or all of the following:

      • (i) any reasonably foreseeable occasional use that is not incompatible with the intended use:

      • (ii) normal maintenance:

      • (iii) activities undertaken in response to fire or any other reasonably foreseeable emergency; but

    • (b) does not include any other maintenance and repairs or rebuilding

    large dam means a dam that has a height of 4 or more metres and holds 20 000 or more cubic metres volume of water or other fluid

    licensed building practitioner means a building practitioner whose name is, for the time being, entered in the register established and maintained under section 298(1)

    low potential impact dam means a dam that has been classified under section 134B as having low potential impact

    means of escape from fire, in relation to a building that has a floor area,—

    • (a) means continuous unobstructed routes of travel from any part of the floor area of that building to a place of safety; and

    • (b) includes all active and passive protection features required to warn people of fire and to assist in protecting people from the effects of fire in the course of their escape from the fire

    medium potential impact dam means a dam that has been classified under section 134B as having medium potential impact

    Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

    Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

    minor customisation, in relation to an application for a building consent that incorporates plans and specifications that have national multiple-use approval, means a minor modification, addition, or variation to those plans and specifications that is permitted by regulations made under section 402(1)(kc)

    minor variation means a minor modification, addition, or variation to a building consent that is permitted by regulations made under section 402(1)(kd)

    national multiple-use approval means an approval issued by the chief executive under section 30F

    natural hazard has the meaning given to it by section 71

    network utility operator means a person who—

    • (a) undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or

    • (b) operates or proposes to operate a network for the purpose of—

      • (i) telecommunication as defined in section 5 of the Telecommunications Act 2001; or

      • (ii) radiocommunications as defined in section 2(1) of the Radiocommunications Act 1989; or

    • (c) is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or

    • (d) undertakes or proposes to undertake the distribution of water for supply (including irrigation); or

    • (e) undertakes or proposes to undertake a drainage or sewerage system

    notice to fix has the meaning given to it by section 164(2)

    NUO system means a system owned or controlled by a network utility operator

    other property

    • (a) means any land or buildings, or part of any land or buildings, that are—

      • (i) not held under the same allotment; or

      • (ii) not held under the same ownership; and

    • (b) includes a road

    outbuilding has the same meaning as in the building code

    owner, in relation to land and any buildings on the land,—

    • (a) means the person who—

      • (i) is entitled to the rack rent from the land; or

      • (ii) would be so entitled if the land were let to a tenant at a rack rent; and

    • (b) includes—

      • (i) the owner of the fee simple of the land; and

      • (ii) for the purposes of sections 32, 44, 92, 96, 97, and 176(c), 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

    owner-builder has the meaning given to it by section 90B

    owner-builder exemption means the exemption for owner-builders set out in section 90D

    owner-builder status means the status of a person as an owner-builder

    performance criteria, in relation to a building, means qualitative or quantitative criteria that the building is required to satisfy in performing its functional requirements

    person includes—

    • (a) the Crown; and

    • (b) a corporation sole; and

    • (c) a body of persons (whether corporate or unincorporate)

    person with a disability means a person who has an impairment or a combination of impairments that limits the extent to which the person can engage in the activities, pursuits, and processes of everyday life, including, without limitation, any of the following:

    • (a) a physical, sensory, neurological, or intellectual impairment:

    • (b) a mental illness

    plans and specifications

    • (a) means the drawings, specifications, and other documents according to which a building is proposed to be constructed, altered, demolished, or removed; and

    • (b) includes the proposed procedures for inspection during the construction, alteration, demolition, or removal of a building; and

    • (c) in the case of the construction or alteration of a building, also includes—

      • (i) the intended use of the building; and

      • (ii) the specified systems that the applicant for building consent considers will be required to be included in a compliance schedule required under section 100; and

      • (iii) the proposed inspection, maintenance, and reporting procedures for the purposes of the compliance schedule for those specified systems

    prescribed means prescribed by regulations made under this Act

    prescribed electrical work has the meaning given to it by section 2(1) of the Electricity Act 1992

    prescribed fee includes a fee calculated in accordance with a rate or method prescribed for this purpose in regulations made under this Act

    product certification accreditation body means the person referred to in section 261(2)

    property

    • (a) includes land, buildings, and goods; but

    • (b) does not include incorporeal forms of property

    publicly notify means publish a notice—

    • (a) in 1 or more daily newspapers circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and

    • (b) in the Gazette; and

    • (c) on the Internet in an electronic form that is publicly accessible at all reasonable times

    recognised engineer, in relation to a dam, means an engineer who meets the requirements in section 149

    referable dam has the meaning given to it by regulations made under this Act

    regional authority means—

    • (a) a regional council; or

    • (b) a unitary authority

    regional council has the meaning given to it by section 5(1) of the Local Government Act 2002

    Registrar has the meaning given to it by section 282

    regulations means regulations in force under this Act

    residential property developer means a person who, in trade, does any of the following things in relation to a household unit for the purpose of selling the household unit:

    • (a) builds the household unit; or

    • (b) arranges for the household unit to be built; or

    • (c) acquires the household unit from a person who built it or arranged for it to be built

    restricted building work means any building work that is—

    • (a) building work of a kind declared by the Governor-General by Order in Council to be restricted building work; or

    • (b) design work of a kind declared by the Governor-General by Order in Council to be restricted building work

    rules means any rules made under section 353

    scaffolding used in the course of the construction process

    • (a) means a structure, framework, swinging stage, suspended scaffolding, or boatswain's chair, that is of a temporary nature and that is used or intended to be used for—

      • (i) the support or protection of workers engaged in, or in connection with, construction work for the purpose of carrying out the work; or

      • (ii) the support of materials used in connection with the work; and

    • (b) includes any plank, coupling, fastening, fitting, or device used in connection with the construction, erection, or use of scaffolding

    scope of accreditation, in relation to a building consent authority that is not a territorial authority, means the scope of technical competence for which the building consent authority is accredited by a building consent accreditation body in accordance with section 252

    sitework means work on a building site, including earthworks, preparatory to, or associated with, the construction, alteration, demolition, or removal of a building

    specialised accommodation means a building that is declared by the Governor-General, by Order in Council, to be specialised accommodation for the purposes of this Act

    specified intended life has the meaning given to it by section 113(3)

    specified system

    • (a) means a system or feature that—

      • (i) is contained in, or attached to, a building; and

      • (ii) contributes to the proper functioning of the building (for example, an automatic sprinkler system); and

      • (iii) is declared by the Governor-General, by Order in Council, to be a specified system for the purposes of this Act; and

    • (b) includes a cable car

    statutory authority means an authority or organisation that has the statutory power to classify or register land or buildings for any purpose

    supervise, in relation to building work, means provide control or direction and oversight of the building work to an extent that is sufficient to ensure that the building work—

    • (a) is performed competently; and

    • (b) complies with the building consent under which it is carried out

    territorial authority

    • (a) means a city council or district council named in Part 2 of Schedule 2 of the Local Government Act 2002; and,—

      • (i) 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

      • (ii) in relation to any part of a coastal marine area (within the meaning of the Resource Management Act 1991) that is not within the district of a territorial authority, or a building on or proposed to be built on any such part, means the territorial authority whose district is adjacent to that part; and

    • (b) includes the Minister of Conservation or the Minister of Local Government, as the case may be, in any case in which the Minister of Conservation or the Minister of Local Government is the territorial authority under section 22 of the Local Government Act 2002

    trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to—

    • (a) the supply or acquisition of goods or services; or

    • (b) the acquisition of household units or any interest in land

    unitary authority has the meaning given to it by section 5(1) of the Local Government Act 2002

    verification method means a verification method issued under section 22(1)

    working day means any day except—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and Waitangi Day; and

    • (ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

    • (b) the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and

    • (c) a day in the period beginning on 20 December in any year and ending with the close of 10 January in the following year.

    Compare: 1991 No 150 s 2

    Section 7 acceptable solution: replaced, on 28 November 2013, by section 4(1) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 appurtenant structure: amended, on 28 November 2013, by section 4(2) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 building work paragraph (b): replaced, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

    Section 7 building work paragraph (c): inserted, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

    Section 7 building work paragraph (d): inserted, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

    Section 7 classifiable dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 compliance document: repealed, on 28 November 2013 (but any compliance document so defined and in force immediately before this date continues in force according to its terms as an acceptable solution or a verification method or both, as the case may be), by section 4(3)(a) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 consideration: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).

    Section 7 crest: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 dam paragraph (a)(iii): repealed, on 15 March 2008, by section 6(1) of the Building Amendment Act 2008 (2008 No 4).

    Section 7 employee paragraph (a): amended, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 7 enforcement officer: repealed, on 28 November 2013, by section 4(3)(b) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 estimated value: amended, on 15 March 2008, by section 6(2) of the Building Amendment Act 2008 (2008 No 4).

    Section 7 gasfitting: amended, on 1 April 2010, by section 185 of the Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74).

    Section 7 high potential impact dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 independently qualified person: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 large dam: replaced, on 28 November 2013, by section 4(7) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 low potential impact dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 medium potential impact dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 minor customisation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

    Section 7 minor variation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

    Section 7 national multiple-use approval: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

    Section 7 network utility operator paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

    Section 7 outbuilding: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 owner paragraph (b)(ii): replaced, on 15 March 2008, by section 6(3) of the Building Amendment Act 2008 (2008 No 4).

    Section 7 owner paragraph (b)(ii): amended, on 13 March 2012, by section 6(9) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 owner-builder: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 owner-builder exemption: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 owner-builder status: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 plans and specifications paragraph (c)(iii): amended, on 13 March 2012, by section 6(10) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 prescribed: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 prescribed fee: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).

    Section 7 referable dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 restricted building work: replaced, on 13 March 2012, by section 6(5) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 specified system paragraph (a)(i): replaced, on 13 March 2012, by section 6(11) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 territorial authority: replaced, on 13 March 2012, by section 6(6) of the Building Amendment Act 2012 (2012 No 23).

    Section 7 verification method: replaced, on 28 November 2013, by section 4(5) of the Building Amendment Act 2013 (2013 No 100).

    Section 7 working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).