Hon Maurice Williamson
Government Bill
322—1
Explanatory note
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Interpretation
5 Role of chief executive
6 How compliance with building code is established
7 What happens if regulations specifying that there is only 1 means of complying with building code are made or not made
8 New heading above section 22 substituted
9 New sections 22 to 25A substituted
22 Acceptable solution or verification method for use in establishing compliance with building code
23 Effect of acceptable solution or verification method
24 Chief executive may amend or revoke acceptable solution or verification method
25 Content of acceptable solution or verification method
25A Acceptable solutions and verification methods to be available on Ministry's Internet site
10 New heading above section 29 substituted
11 Procedural requirements for compliance documents, warnings, and bans
12 Procedural requirements for urgent compliance documents, warnings, and bans
13 Buildings not to be constructed, altered, demolished, or removed without consent
14 When building consent is not required
15 New section 42A inserted
42A Building work for which building consent is not required under Schedule 1
16 Content of compliance schedule
17 Compliance document for requirements of persons with disabilities
18 Heading above section 121 amended
19 New section 121A inserted
121A Meaning of affected building
20 Heading above section 124 amended
21 New section 124 substituted
124 Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority
22 Requirements for notice given under section 124
125 Requirements for notice requiring building work or restricting entry
23 Territorial authority may carry out work
24 Building work includes demolition of building
25 New section 128 substituted
128 Prohibition on using dangerous, affected, earthquake-prone, or insanitary building
26 New section 128A inserted
128A Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings,
27 New section 132A inserted
132A Policy must take into account affected buildings
28 Dams to which subpart 7 provisions apply
29 New section 133B inserted
133B Measurement of dams
30 New sections 134 to 134C substituted
134 When owner must classify dam
134A Regional authority may require owner to classify referable dam
134B Method of classification
134C Offence of failing to classify dam
31 New section 135A inserted
135A Certifying engineer must notify regional authority and owner if dam dangerous
32 Requirement for dam safety assurance programme
33 Owner must provide dam safety assurance programme to regional authority
34 Review of dam safety assurance programme
35 Owner of dam must supply annual dam compliance certificate
36 New section 153A substituted
153A Owner must notify regional authority of dangerous dam
37 Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams
38 Complaints about building consent authorities
39 Procedure if chief executive proceeds to investigate complaint or matter
40 Disciplinary powers of chief executive
41 Special powers of chief executive for monitoring performance of functions under this Act
42 Access to certain information kept by territorial authority
43 Sections 229 to 231 and heading above section 229 repealed
44 New Part 4A inserted
Part 4AConsumer rights and remedies in relation to residential building work
Preliminary provisions
362A Outline of this Part
362B Meaning of residential building contract
362C Consumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part
Pre-contract information
362D Building contractor must provide information before residential building contract entered into
Minimum requirements for residential building contract
362E Minimum requirements for residential building contract over certain value
362F Status of non-complying residential building contract
Implied warranties
362G When provisions relating to implied warranties apply
362H Implied warranties for building work in relation to household units
362I Proceedings for breach of warranties may be taken by non-party to contract
362J Person may not give away benefit of warranties
Remedies for breach of implied warranty
362K Remedies for breach of implied warranty
362L Remedies if breach of warranty can be remedied
362M Remedies if breach of warranty cannot be remedied or breach is substantial
362N Meaning of substantial breach
362O Rules applying to cancellation
Remedy of defect notified within 1 year of completion
362P Building contractor must remedy defect notified within 1 year of completion
Exclusion of defects not attributable to fault of building contractor
362Q Exclusion of defects not attributable to fault of building contractor
Information and documentation to be provided on completion of residential building contract
362R Building contractor must provide prescribed information and documentation on completion of residential building work
Offence by commercial on-seller
362S Offence for commercial on-seller to transfer household unit without consent completion certificate
45 Section 362A renumbered
46 Protecting safety of members of public using premises open to public or intended for public use
47 Public use of premises may be allowed before issue of code compliance certificate in some circumstances
48 Application of section 363 to building work where consent granted, or work begun, before 31 March 2005
49 Section 364 repealed
50 Interpretation
51 New sections 371A to 371D inserted
371A Who may issue infringement notices
371B Authorisation to issue infringement notice
371C Conditions of authorisation
371D Offence to impersonate enforcement officer
52 New section 374 substituted
374 Payment of infringement fees
53 Offences punishable on summary conviction
54 Building consent authority not liable
55 Sections 396 to 399 and heading above section 396 repealed
56 Regulations: general
57 Incorporation of material by reference into regulations, certain Orders in Council, and compliance document
58 Effect of amendment to, or replacement of, material incorporated by reference
59 Requirement to consult
60 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
61 Transitional provision for document used in establishing compliance with building code
62 New Schedule 1 substituted
Part 2Miscellaneous provisions
63 Fencing of Swimming Pools Act 1987 amended
64 Local Government Official Information and Meetings Act 1987 amended
65 Health and Safety in Employment Act 1992 amended
66 Transitional provision for compliance documents
ScheduleNew Schedule 1 substituted
The Parliament of New Zealand enacts as follows: