Building Amendment Act 2012

Reprint as at 1 July 2017

Coat of Arms of New Zealand

Building Amendment Act 2012

Public Act
 
2012 No 23
Date of assent
 
12 March 2012
Commencement
 
see 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

1Title
2Commencement
3Principal Act amended
4New section 3 substituted
3Purposes
5Principles to be applied in performing functions or duties, or exercising powers, under this Act
6Interpretation
7Building: what it means and includes
8Building: what it does not include
9Role of chief executive
10New subpart 4 of Part 1 added
14AOutline of responsibilities under this Act
14BResponsibilities of owner
14CResponsibilities of owner-builder
14DResponsibilities of designer
14EResponsibilities of builder
14FResponsibilities of building consent authority
11Outline of this Part
12Limits on certain powers of building consent authority in cases involving bans under section 26
13Applications for national multiple-use approval relating to design work that is restricted building work
14Content of application
15Territorial authority may issue development contribution notice
16New heading substituted
17New sections 41 to 52Y substituted
41Types of building consent
42When building consent is not required
42ABuilding work for which building consent is not required under Schedule 1
43Meaning of urgent building work
44Owner must apply for certificate of acceptance if building work carried out urgently
45Energy work that requires building consent
46When to apply for building consent
47Which type of building consent to apply for
48How to apply for building consent
49Referral of certain applications for building consent to New Zealand Fire Service Commission
50New Zealand Fire Service Commission may give advice on applications referred under section 49
51Processing application for building consent
52Grant of building consent
52ANotice of refusal of application for building consent
52BIssue of building consent
52CMinor variations to building consent
52DChanges to plans and specifications that have national multiple-use approval
52ELapse of building consent
52FBuilding consent authority may re-designate consent in certain cases
52GApplication for low-risk building consent
52HGrant of low-risk building consent
52IResponsibility of building consent authority in relation to building work carried out under low-risk building consent
52JApplication for simple residential building consent
52KGrant of simple residential building consent
52LResponsibility of building consent authority in relation to building work carried out under simple residential building consent
52MApplication for standard building consent
52NGrant of standard building consent
52OApproval required before application for commercial building consent may be made
52PApproved risk profile
52QApproved quality assurance system
52RApplication for commercial building consent
52SGrant of commercial building consent
52TOwner must notify building consent authority of change affecting risk profile
52UAmendment to approved risk profile or approved quality assurance system after grant of building consent
52VOwner must provide building consent authority with information relating to quality assurance system
52WPowers ancillary to building consent authority’s power of inspection of commercial building work
52XSafety system commissioning reviews
52YOffence to make false or misleading statement in relation to commercial building work
18How to apply for building consent
19Grant of building consent
20Applicant for building consent liable to pay levy
21Payment of levy if building work completed in stages
22New headings and sections 84 to 84D substituted
84Who may carry out or supervise simple residential building work
84AOffences relating to carrying out or supervising simple residential building work
84BOffence to engage another person to carry out or supervise simple residential building work if person is not licensed building practitioner
84COwner must notify names of or change in licensed building practitioners engaged in simple residential building work
84DWho may carry out or supervise restricted building work
23New section 85 substituted
85Offences relating to carrying out or supervising restricted building work
24Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
25Owner must notify names of licensed building practitioners engaged in restricted building work
26New section 87A inserted
87ANotices to building consent authority when owner-builder carries out restricted building work
27Licensed building practitioner to certify or provide memorandum about restricted building work
28Inspections by building consent authorities
29New subpart 4A of Part 2 inserted
90APurpose of this subpart
90BMeaning of owner-builder
90CMeaning of relevant interest
90DOwner-builder exemption
30Heading to subpart 5 of Part 2 amended
31New heading substituted
32Building consent authority that grants building consent to issue code compliance certificate
33New section 92 substituted
92Application for consent completion certificate
34Time in which building consent authority must decide whether to issue code compliance certificate
35New sections 94 to 94C substituted
94Issue of consent completion certificate for work under low-risk building consent
94AIssue of consent completion certificate for work under simple residential building consent
94BIssue of consent completion certificate for work under standard building consent
94CIssue of consent completion certificate for work under commercial building consent
36Issue of code compliance certificate
37Refusal to issue code compliance certificate
38Territorial authority may issue certificate of acceptance in certain circumstances
39How to apply for certificate of acceptance
40Requirement for compliance schedule
41New section 102 substituted
102When compliance schedule must be issued
42New section 102A inserted
102AProcedure for obtaining compliance schedule where building consent not required
43Content of compliance schedule
44Obligations of owner if compliance schedule is issued
45Application by owner for amendment to compliance schedule
46Territorial authority may amend compliance schedule on own initiative
47Annual building warrant of fitness
48Territorial authority must consider recommendation to amend compliance schedule
49Owner must obtain reports on compliance schedule
50Inspections by territorial authority
51Meaning of dangerous building
52Issue of notice to fix
53New section 168A inserted
168AChief executive’s functions in relation to this Act
54Meaning of party
55Application for determination
56Appeals to District Court
57Territorial authority must keep information about buildings
58Access to certain information kept by territorial authority
59Territorial authority may impose fee or charge and must collect levy
60Inspections by territorial authority
61Duty to assist inspections
62Duties of building consent authority
63Building consent authority may impose fee or charge and must collect levy
64Regional authorities may impose fee or charge and recover costs, and must collect levy
65New subpart 9 of Part 3 added
281AWhat fees and charges may be imposed
281BAuthority may increase fee or charge to meet additional cost
281CAuthority may waive or refund fee or charge
281DValidity of previous fees, charges, and additional costs
66Purposes of licensing building practitioners
67Licensing classes may be designated by regulations
68Registrar must contact licensed building practitioners on annual basis
69New heading and sections 314A and 314B inserted
314ACode of ethics for licensed building practitioners
314BLicensed building practitioner must work within competence
70Grounds for discipline of licensed building practitioners
71Board’s functions
72Protecting safety of members of public using premises open to public or intended for public use
73Public use of premises may be allowed before issue of code compliance certificate in some circumstances
74Section 363B repealed
75New section 363C substituted
363CSection 363 does not apply to building work commenced before 31 March 2005
76Strict liability and defences
77Civil proceedings against building consent authorities
78Building consent authority not liable
79Limitation defences
80Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
81New section 401A inserted
401ARegulations: building consents and consent completion certificates
82New section 401B inserted
401BOrder in Council declaring work to be restricted building work
83Regulations: general
84Transitional provision for building consents granted under former Act
85Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
86Transitional provision for issue of certificate of acceptance
87Transitional provision for code compliance certificates and compliance schedules issued under former Act
88Schedule 1 amended
89New Schedules 1A to 1H inserted
90Schedule 3 amended
34Appointment of subcommittee to deal with complaints and licensing appeals
91Amendment to Local Government Act 2002
92Transitional provisions for section 91
93Consequential and other amendments
94Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010 amended
95Transitional provisions
Reprint notes

The Parliament of New Zealand enacts as follows: