New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
(a) prescribing the rate of the levy to be paid under section 53:
(b) providing for the method by which the levy will be calculated:
(c) providing for the payment and collection of the levy:
(d) prescribing the fees or charges payable in respect of the performance of the Registrar's functions under Part 4, including the fees and charges for—
(i) an application to be licensed as a building practitioner; and
(ii) the issue of that evidence of being licensed; and
(iii) the renewal of that evidence of being licensed:
(e) providing for the following matters relating to the levy payable by licensed building practitioners under section 303 for, or in connection with, the costs of the operation and administration of the Board:
(i) different levies for different classes of licensed building practitioners; and
(ii) the amount of the levy; and
(iii) the method by which the levy will be calculated; and
(iv) the criteria and other requirements by and against which the levy will be set or reset; and
(v) the payment and collection of the levy; and
(vi) exempting any licensed building practitioners or any class of licensed building practitioners from paying the levy; and
(vii) waivers and refunds of the whole or any part of the levy; and
(viii) any other matters necessary or desirable to set, calculate, administer, collect, and enforce the levy:
(f) specifying—
(i) the information that must be provided by persons who make complaints against a licensed building practitioner or a former licensed building practitioner; and
(ii) the way in which that information must be evaluated; and
(iii) the way in which decisions on whether or not to proceed with the complaint must be made and implemented:
(g) prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register of licensed building practitioners established and maintained under section 298, including matters that relate to—
(i) the operation of the register:
(ii) access to the register:
(iii) the location of, and hours of access to, the register:
(iv) search criteria for the register:
(h) prescribing the way in which a disciplinary matter must be considered and decided on by the Board, and the way in which decisions on that matter must be implemented:
(i) prescribing the manner in which rules are to be made, amended, or revoked, including the requirements for consultation with persons affected by the proposed rules:
(j) prescribing procedures for regulating and controlling the construction, maintenance, and demolition of buildings:
(k) prescribing the form or content of applications, or any other documentation or information required under this Act:
(ka) prescribing eligibility criteria for national multiple-use approvals:
(kb) prescribing the period of time within which the chief executive must decide, under section 30E(1), whether to issue a national multiple-use approval:
(kc) defining the minor customisations that may be made to plans and specifications in relation to which a national multiple-use approval has been issued when incorporating those plans and specifications into a building consent:
(kd) defining the minor variations that may be made to a building consent for the purposes of section 45A:
(l) prescribing information to be provided to the chief executive by—
(i) territorial authorities and building consent authorities in relation to buildings and building work; and
(ii) regional authorities and owners of dams in relation to dams:
(m) prescribing time limits for the purposes of this Act:
(n) prescribing building work that amounts to restricted building work:
(na) designating a licensing class or classes for carrying out or supervising particular types of—
(i) building work; or
(ii) building inspection work:
(o) prescribing systems that amount to specified systems for the purposes of this Act:
(p) defining moderate earthquake for the purposes of sections 122 and 153:
(q) defining moderate flood for the purposes of section 153:
(qa) defining earthquake threshold event for the purposes of section 153A:
(qb) defining flood threshold event for the purposes of section 153A:
(r) prescribing the minimum terms and conditions of an insurance policy for the purposes of section 192(2)(a):
(s) providing for the approval of schemes of insurance for the purposes of section 192(2)(b):
(t) prescribing the criteria and standards that an applicant must meet to be accredited as—
(i) a building consent authority; or
(ii) [Repealed]
(iii) a dam owner; or
(iv) a product certification body:
(ta) prescribing the fees payable for an audit under section 249(a), 257(a), or 262(1)(a), or the rate at which, or method by which, those fees are to be calculated:
(u) prescribing the criteria and standards that a product certification body must apply in determining applications for a product certificate under section 269 (which must include, without limitation, criteria and standards about the effects on human health of particular building methods or products):
(v) determining or fixing scales of charges or other criteria for the purpose of fixing charges by the chief executive under Part 3:
(w) prescribing—
(i) the matters in respect of which fees are payable under this Act, and the amount of those fees; or
(ii) the rate at which, or method by which, fees are to be calculated for the purposes of this Act:
(x) specifying criteria and standards that a dam owner must apply in—
(i) classifying dams; or
(ii) preparing a dam safety assurance programme:
(y) specifying infringement offences for the purposes of this Act:
(z) setting the infringement fee for each infringement offence (which may not exceed $20,000):
(za) prescribing the forms that must be used for issuing an infringement notice:
(zb) prescribing, for the purposes of section 364(2), the form and content of the written agreement referred to in that subsection:
(zc) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
(2) The fees and charges prescribed under subsection (1)(d) must be reasonable, having regard to the need to recover the costs incurred by the Registrar in performing his or her functions under this Act.
Compare: 1991 No 150 s 48(2)
Section 402(1)(d)(ii): amended, on 15 March 2008, by section 87(1) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(d)(iii): amended, on 15 March 2008, by section 87(1) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(ka): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
Section 402(1)(kb): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
Section 402(1)(kc): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
Section 402(1)(kd): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
Section 402(1)(na): inserted, on 15 March 2008, by section 87(2) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(qa): inserted, on 15 March 2008, by section 87(3) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(qb): inserted, on 15 March 2008, by section 87(3) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(t)(ii): repealed, on 14 April 2005, by section 20(2) of the Building Amendment Act 2005 (2005 No 31).
Section 402(1)(ta): inserted, on 15 March 2008, by section 87(4) of the Building Amendment Act 2008 (2008 No 4).
Section 402(1)(w): substituted, on 15 March 2008, by section 87(5) of the Building Amendment Act 2008 (2008 No 4).
