New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 4 May 2007
(SR 2007/102)
Anand Satyanand, Governor-General
At Wellington this 30th day of April 2007
Present:
His Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
The Building (Consent Authority Accreditation Fees) Regulations 2007 are administered by the Department of Building and Housing.
Pursuant to section 402(1)(w) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Building and Construction, makes the following regulations.
4 Accreditation application fee
5 Fee for full technical reassessment audit payable by territorial specified authority
6 Fee for full technical reassessment audit payable by regional specified authority
7 Fee for full technical reassessment audit payable by other authority
8 Fee for special assessment audits
Schedule 1
Specified applicant accreditation fees
Schedule 2
Full technical reassessment audit fee: territorial specified authority and other authority
These regulations are the Building (Consent Authority Accreditation Fees) Regulations 2007.
These regulations come into force on the day after the date of their notification in the Gazette.
(1) In these regulations, unless the context otherwise requires,—
accreditation means accreditation granted under section 250 of the Act
Act means the Building Act 2004
applicant means a person who makes an application
application means an application under section 250 of the Act
audit means an audit conducted under section 249 of the Act by a building consent accreditation body on an accredited building consent authority
audit notification date means the date on which the building consent accreditation body gives notice to the building consent authority that an audit is to be conducted
building control function has the same meaning as in regulation 3 of the Building (Accreditation of Building Consent Authorities) Regulations 2006
critical change, in relation to a building consent authority, means a change that—
(a) has occurred since the authority's accreditation or most recent full technical reassessment audit, as the case may be; and
(b) is, or may be, in the opinion of the building consent accreditation body, a crucial indicator as to whether the authority is able to perform its building control functions so as to continue to comply with the prescribed criteria and standards for accreditation; and
(c) includes any matter about which the Ministry or the building consent accreditation body receives a complaint that is not dismissed following initial inquiries into it by the Ministry or the building consent accreditation body (as the case may be) and, if substantiated, would indicate a critical change
financial year means the period from 1 July in one year to 30 June in the following year
full technical reassessment means an assessment that is similar in scope, duration, and process to the assessment of an applicant undertaken, before accreditation is granted, to satisfy the building consent accreditation body that the applicant meets the prescribed criteria and standards for accreditation
full technical reassessment audit—
(a) means an audit of a building consent authority that involves a full technical reassessment; and
(b) includes any periodic audit; and
(c) includes any audit that, in the opinion of the building consent accreditation body, warrants a full technical reassessment
other applicant means an applicant who is not a specified applicant
other authority means a building consent authority who is not a territorial specified authority or a regional specified authority
periodic audit means an audit conducted in accordance with the minimum frequency of audits specified by the chief executive under section 249 of the Act
regional specified authority means a building consent authority who is a regional council and who is not a territorial specified authority
special assessment audit means any audit that is undertaken because of a critical change that does not, in the opinion of the building consent accreditation body, warrant a full technical reassessment audit
specified applicant—
(a) means an applicant who is a territorial authority; and
(b) includes any applicant who is a unitary authority
territorial specified authority—
(a) means a building consent authority who is a territorial authority; and
(b) includes any building consent authority who is a unitary authority.
(2) For the purposes of regulations 4, 5, and 7,—
building includes any building within the meaning of section 3 of the Building Act 1991
building consent includes any building consent granted under section 35 of that Act
building work, in relation to a building consent granted under section 35 of the Building Act 1991, includes building work within the meaning of section 2 of that Act.
(1) The fee payable by a specified applicant is the amount set out in the second column of Schedule 1 opposite the work value in the first column of that schedule, calculated in accordance with subclause (3), that applies to the applicant.
(2) The fee payable by any other applicant is $16,000.
(3) The work value is calculated by dividing by 3 the total value of relevant building work consented by the applicant during the 3 financial years preceding the date of the application.
(4) Relevant building work consented by the applicant in those years does not include any building work of which the value is, for any one building in respect of which a building consent was granted,—
(a) less than $5,000; or
(b) greater than the total value of all other building work consented by the applicant in the same financial year.
(1) The fee payable by a territorial specified authority for a full technical reassessment audit is the amount set out in the second column of Schedule 2 opposite the work value in the first column of that schedule, calculated in accordance with subclause (2), that applies to the authority.
(2) The work value is calculated by dividing by 3 the total value of relevant building work consented by the authority during the 3 financial years preceding the audit notification date.
(3) Relevant building work consented by the authority in those years does not include any building work of which the value is, for any one building in respect of which a building consent was granted,—
(a) less than $5,000; or
(b) greater than the total value of all other building work consented by the authority in the same financial year.
The fee payable by a regional specified authority for a full technical reassessment audit is $12,800.
(1) The fee payable by any other authority for a full technical reassessment audit is the same as if that authority were a territorial specified authority, unless the authority has not completed 3 financial years as a building consent authority before the audit notification date.
(2) The fee payable by an authority who has not yet completed 1 financial year as a building consent authority before the audit notification date is $12,800.
(3) The fee payable by an authority who has completed at least 1 financial year before the audit notification date but has not completed 3 financial years as a building consent authority before that date is the amount set out in the second column of Schedule 2 opposite the work value in the first column of that schedule, calculated in accordance with subclause (4), that applies to the authority.
(4) The work value is calculated by dividing by 1, 2, or 3 the total value of relevant building work consented by the authority during the 1, 2, or 3 complete financial years (as the case may be) that precede the audit notification date and during which the authority was a building consent authority.
(5) Relevant building work consented by the authority in any of those years does not include any building work of which the value is, for any one building in respect of which a building consent was granted,—
(a) less than $5,000; or
(b) greater than the total value of all other building work consented by the authority in the same financial year.
(1) The fee for a special assessment audit is $5,180, unless subclause (2) applies.
(2) The fee for a special assessment audit is $3,775 if, in the opinion of the building consent accreditation body, the audit can be conducted without the assistance of a person with technical expertise.
All amounts referred to in these regulations are inclusive of goods and services tax.
Schedule 1 |
| Work value | Application fee ($) |
|---|---|
| Less than $15 million | 16,000 |
| $15 million or more but less than $50 million | 22,785 |
| $50 million or more but less than $100 million | 29,570 |
| $100 million or more but less than $200 million | 36,355 |
| $200 million or more but less than $400 million | 43,140 |
| $400 million or more but less than $800 million | 49,925 |
| $800 million or more but less than $1,200 million | 56,170 |
| $1,200 million or more | 63,495 |
Schedule 2 |
| Work value | Audit fee ($) |
|---|---|
| Less than $15 million | 12,800 |
| $15 million or more but less than $50 million | 18,228 |
| $50 million or more but less than $100 million | 23,656 |
| $100 million or more but less than $200 million | 29,084 |
| $200 million or more but less than $400 million | 34,512 |
| $400 million or more but less than $800 million | 39,940 |
| $800 million or more but less than $1,200 million | 45,368 |
| $1,200 million or more | 50,796 |
Diane Morcom,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on the day after the date of their notification in the Gazette, prescribe the fees payable under the Building Act 2004 for matters relating to the accreditation of building consent authorities, including initial accreditation applications and audits.
Date of notification in Gazette: 3 May 2007.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Building (Consent Authority Accreditation Fees) Regulations 2007. The reprint incorporates all the amendments to the Building (Consent Authority Accreditation Fees) Regulations 2007 as at 4 May 2007, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
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