Hon Clayton Cosgrove
Government Bill
128—2
As reported from the Social Services Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Commencement
5 Principles to be applied in performing functions, duties, or exercising powers, under this Act
6 Interpretation
7 Building: what it does not include
8 Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
9 Compliance documents to be available on Ministry’s website
10 Content of project information memorandum
11 Buildings not to be constructed, altered, demolished, or removed without consent
12 How to apply for building consent
13 Waiver or modification may only be granted by chief executive in certain cases
14 Building consent for building on land subject to natural hazards must be granted in certain cases
15 Conditions on building consents granted under section 72
16 Licensed building practitioner must carry out or supervise restricted building work
17 Offences relating to carrying out or supervising restricted building work
18 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
19 Licensed building practitioner to certify restricted building work
20 Application for code compliance certificate
21 New section 95A inserted
95A Refusal to issue code compliance certificate
22 New section 99A inserted
99A Refusal of application for certificate of acceptance
23 Content of compliance schedule
24 New section 104A inserted
104A Territorial authority must issue statement in relation to compliance schedule
25 Annual building warrant of fitness
26 Owner must obtain reports on compliance schedule
27 Buildings with specified intended lives
28 Access symbol must be displayed
29 New heading and section 133A inserted
Dams to which provisions of this subpart apply
133A Dams to which subpart 7 provisions apply
30 Review of dam safety assurance programme
31 New section 150A inserted
150A Annual dam compliance certificate requirements not to apply to accredited dam owner
32 Meaning of dangerous dam
33 New section 153A inserted
153A Meaning of earthquake-prone dam and flood-prone dam
34 Regional authority must adopt policy on dangerous dams
35 Form and content of notice to fix
36 Special provisions for notices to fix from building consent authority
37 Application for determination
38 Heading above section 191 amended
39 Effect of suspension
40 Appeals to District Court
41 Territorial authority must keep information about buildings
42 Heading to subpart 3 of Part 3 amended
43 New heading and section 249A inserted
Audit fees
249A Fees for audits
44 Accreditation
45 Application for accreditation
46 New heading and section 257A inserted
257A Fees for audits
47 Accreditation
48 New heading and section 262A inserted
262A Fees for audits
49 Accreditation
50 Application for accreditation
51 New section 266 substituted
266 Suspension or revocation of accreditation
52 Product certification accreditation body must notify chief executive of grant or revocation of accreditation
53 New section 271 substituted
271 Suspension or revocation of product certificate
54 Product certification body must notify chief executive of issue and revocation of certificate
55 Definitions for this Part
56 New heading and section 282A inserted
Purposes of licensing
282A Purposes of licensing building practitioners
57 New heading and section 285 substituted
Licensing classes
285 Licensing classes may be designated by regulations
58 Entitlement to licence
59 Applications for licence
60 Registrar to license applicant or decline application
61 Duty to produce evidence of issue of licence
62 New section 290 substituted
290 Term of being licensed
63 Automatic licensing of people registered under other enactments
64 Licensed building practitioner must meet applicable minimum standards for licensing to continue to be licensed
65 Consequences of failure to meet applicable minimum standards for licensing
66 New heading above section 294 substituted
67 Cancellation of licence
68 Mandatory suspension of licence
69 Voluntary suspension of licence
70 Effect of suspension of licence
71 Register of licensed building practitioners
72 Purpose of register
72A Form of register
73 Matters to be contained in register
74 Obligation to notify Registrar of change in circumstances
75 Registrar must contact licensed building practitioners on annual basis
76 Functions of Registrar
77 Certificate of Registrar to be conclusive evidence
78 Offences relating to licensing
79 Board must investigate complaints
80 Grounds for discipline of licensed building practitioners
81 Disciplinary penalties
82 Non-payment of fines or costs
83 Right of appeal
84 Form and content of annual report
85 Rules relating to licensed building practitioners
86 District Court may grant injunctions for certain continuing breaches
87 Regulations: general
88 Incorporation of material by reference into regulations and compliance document
89 Outline of transitional provisions
90 Transitional provision for code compliance certificates and compliance schedules issued under former Act
91 Amendment to Schedule 1
Part 2Validation and transitional provisions
92 Validation in respect of levies on estimated value of building work
93 Transitional provision for content of project information memorandum
94 Transitional provision for refusal of application for code compliance certificate
95 Transitional provision for refusal of application for certificate of acceptance
Legislative history
The Parliament of New Zealand enacts as follows: