Building (Infringement Offences, Fees, and Forms) Regulations 2007

Reprint
as at 13 June 2008

Crest

Building (Infringement Offences, Fees, and Forms) Regulations 2007

(SR 2007/403)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 17th day of December 2007

Present:
His Excellency the Governor-General in Council

Note

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 (Infringement Offences, Fees, and Forms) Regulations 2007 are administered by the Department of Building and Housing.

Pursuant to section 402(1)(y) to (za) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Building (Infringement Offences, Fees, and Forms) Regulations 2007.

2 Commencement

  • These regulations come into force on 1 July 2008.

3 Infringement offences

  • The offences described in the first 2 columns of Schedule 1 are infringement offences.

4 Infringement fees

  • The fees specified in the third column of Schedule 1 are the infringement fees for the infringement offences described in the 2 previous columns.

5 Infringement forms

  • (1) The form in Schedule 2 is the infringement notice.

    (2) The form in Schedule 3 is the infringement reminder notice.

Schedule 1
Infringement offences and fees

rr 3, 4

Provision of Building Act 2004Description of offenceFee($)
 General building offences 
s 40Failing to comply with the requirement that building work must be carried out in accordance with a building consent750
s 42Failing to apply for a certificate of acceptance for urgent building work as soon as practicable after completion of building work500
s 101Failing to comply with the requirement to obtain a compliance schedule250
s 108(5)(a)Failing to display a building warrant of fitness required to be displayed250
s 108(5)(b)Displaying a false or misleading building warrant of fitness1,000
s 108(5)(c)Displaying a building warrant of fitness other than in accordance with section 1081,000
s 116B(1)(a)Using, or knowingly permitting the use of, a building for a use for which it is not safe or not sanitary1,500
s 116B(1)(b)Using, or knowingly permitting the use of, a building that has inadequate means of escape from fire2,000
s 124Failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous, earthquake-prone, or insanitary building1,000
s 128Using or occupying a building, or permitting another person to do so, contrary to a territorial authority's hoarding, fence, or notice2,000
s 168Failing to comply with a notice to fix1,000
s 363Using, or permitting use of building having no consent or code compliance certificate or certificate for public use for premises for public use1,500
s 367Wilfully obstructing, hindering, or resisting a person executing powers conferred under the Act or its regulations500
s 368Wilfully removing or defacing a notice published under the Act or inciting another person to do so500
 Dam safety offences 
s 134Dam owner failing to classify a dam500
s 138Dam owner failing to comply with a direction from a regional authority to have a classification re-audited and submitted250
s 140Dam owner failing to prepare, or arrange the preparation of, a dam safety assurance programme and submit it for audit500
s 145Dam owner failing to comply with a direction from a regional authority to have a dam safety assurance programme re-audited and submitted250
s 150(4)(a)Dam owner knowingly failing to display a dam compliance certificate required to be displayed250
s 150(4)(b)Dam owner displaying a false or misleading dam compliance certificate1,000
s 150(4)(c)Dam owner displaying a dam compliance certificate other than in accordance with section 1501,000
s 154Dam owner failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous dam2,000

Schedule 2
Infringement notice

r 5(1)

Form
Infringement notice

Section 373, Building Act 2004

(Front page)

Notice No:
Enforcement authority

[specify relevant territorial authority orregional authority]

To

Full name:

Full address:

Occupation, if known:

Date of birth, if known:

Details of alleged infringement offence(s)

Provision of Building Act 2004:

Description of offence:

Date:

Time:

Place:

Fee:

Time for payment of infringement fee(s)

The infringement fee(s) is (or are) payable within 28 days after [date this notice is delivered personally or served by post].

Place for payment of infringement fee(s)

The infringement fee(s) is (or are) payable to [specify address of territorial authority or regional authority].

Method for payment of infringement fee(s)

Cheques or money orders must be made out to [specify relevant territorial authority or regional authority] and must be crossed and marked “not transferable” or “account payee only”.

Issued by: [signature and full name of enforcement officer].

Important: Please read the summary of rights printed over the page.

(Back page)

Summary of rights

Please read this summary. If you do not understand it, you should consult your lawyer immediately.

  • 1 This notice sets out 1 or more infringement offences that you are alleged to have committed.

    The ways you may deal with the offence are set out below. However, paragraphs 6(b) and (c), 7, and 8 do not apply to you if you enter, or have already entered, into a time-to-pay arrangement under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957.

    You may act in the same way on all the offences or in different ways on different offences.

Payments

  • 2 If you pay the fee for the offence within 28 days after you get this notice, there will be no further enforcement action against you for the offence. You can pay to the territorial authority or regional authority at the place shown on the front page of this notice.

Defences

  • 3 You have a complete defence against proceedings for an offence if the fee for the offence has been paid to the territorial authority or regional authority at the place shown on the front page of this notice within 28 days after you get a reminder notice. Late payment is not a defence and neither is payment made at any other place.

  • 4 This paragraph describes a defence additional to the one described in paragraph 3. You must prove either of the following to have the defence:

    • (a) that—

      • (i) the action or event to which the offence relates was necessary for the purposes of saving or protecting life or health or preventing serious damage to property; and

      • (ii) your conduct was reasonable in the circumstances; and

      • (iii) you adequately mitigated or remedied the effects of the action or event after it occurred; or

    • (b) that—

      • (i) the action or event to which the offence relates was due to an event beyond your control, including natural disaster, mechanical failure, or sabotage; and

      • (ii) you could not reasonably have foreseen or provided against the action or event; and

      • (iii) you adequately mitigated or remedied the effects of the action or event after it occurred.

  • 5 This paragraph describes a defence additional to those described in paragraphs 3 and 4. This defence is available if—

    • (a) you are—

      • (i) a principal; or

      • (ii) an employer; and

    • (b) you may be liable for an offence alleged to have been committed by—

      • (i) your agent; or

      • (ii) your employee.

    If you are a natural person, including a partner in a firm, you must prove either of the following to have the defence:

    • (a) that you—

      • (i) did not know, and could not reasonably be expected to have known, that the offence was to be, or was being, committed; and

      • (ii) took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or

    • (b) took all reasonable steps to—

      • (i) prevent the commission of the offence; and

      • (ii) remedy any effects of the act or omission giving rise to the offence.

    If you are a body corporate, you must prove either of the following to have the defence:

    • (a) that—

      • (i) neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and

      • (ii) you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or

    • (b) that you took all reasonable steps to—

      • (i) prevent the commission of the offence; and

      • (ii) remedy any effects of the act or omission giving rise to the offence.

Further action

  • 6 You may write a letter to the territorial authority or regional authority if you want to do 1 of the following:

    • (a) raise a matter about the circumstances of the offence for the authority to consider; or

    • (b) deny liability for the offence and ask for a court hearing (refer to paragraphs 7 and 11); or

    • (c) admit liability for the offence but have a court consider written submissions (refer to paragraphs 8 and 11).

    You must sign the letter yourself; direct it to the authority's address shown on the front page of this notice; and ensure it arrives within 28 days after you get this notice.

  • 7 If you deny liability for the offence and ask for a court hearing, the territorial authority or regional authority will consider whether it will bring proceedings against you for the offence. If it decides to bring proceedings, it will serve you with a notice of hearing setting out the place and time at which you will have an oral hearing before the court.

  • 8 If you admit liability for the offence but want to have a court consider written submissions, you must do the following in your letter to the territorial authority or regional authority:

    • (a) admit liability; and

    • (b) ask for a hearing; and

    • (c) set out the written submissions that you want the court to consider.

    The authority will consider whether it will bring proceedings against you for the offence. If it decides to bring proceedings, it will file your letter with the court. You will not have an oral hearing before the court.

Non-payment of fee

  • 9 If you do not pay the fee and do not ask for a court hearing within 28 days after you get this notice, the territorial authority or regional authority will decide whether to serve you with a reminder notice.

  • 10 If you do not pay the fee and do not ask for a court hearing within 28 days after you get the reminder notice, the territorial authority or regional authority will consider whether it will bring proceedings against you for the offence. If it does, you are liable to pay a fine and court costs.

Queries and correspondence

  • 11 When you are writing to the territorial authority or regional authority or paying a fee, please state—

    • (a) the date of the offence; and

    • (b) the number of this infringement notice; and

    • (c) if this notice sets out more than 1 offence, whether you are paying all the fees for all the offences; and

    • (d) if paragraph (c) does not apply, how you are dealing with each offence; and

    • (e) your full address for replies.

    If it is not clear which offence a payment is for, the payment may be treated as for the offences in the order in which they are set out on the front page of this notice.

    All queries and correspondence about the offence(s) must be made to the territorial authority or regional authority at the address shown on the front page of this notice.

Schedule 3
Infringement reminder notice

r 5(2)

Form
Infringement reminder notice

Section 402(1)(za), Building Act 2004

(Front page)

Notice No:
Territorial authority

[specify relevant territorial authority or regional authority]

To

Full name:

Full address:

Occupation, if known:

Date of birth, if known:

Details of alleged infringement offence(s)

Provision of Building Act 2004:

Description of offence:

Date:

Time:

Place:

Fee:

Time for payment of infringement fee(s)

The infringement fee(s) was (or were) payable within 28 days after [date infringement notice was delivered personally or served by post].

Place for payment of infringement fee(s)

The infringement fee(s) remains (or remain) payable to [specify address of territorial authority or regional authority].

Method for payment of infringement fee(s)

Cheques or money orders must be made out to [specify relevant territorial authority or regional authority] and must be crossed and marked “not transferable” or “account payee only”.

Issued by: [signature and full name of enforcement officer].

Details of service

(To be provided for filing in court)

Infringement notice served by [method of service] on [date of service].

Reminder notice served by [method of service] at [full address of service] on [date of service].

Important: Please read the summary of rights printed over the page.

(Back page)

Summary of rights

Please read this summary. If you do not understand it, you should consult your lawyer immediately.

  • 1 You did not pay the infringement fee described on the front page, or ask for a hearing, within 28 days after you got the infringement notice. That is why you have been served with this reminder notice.

  • 2 You will become liable to pay a fine and court costs if—

    • (a) you do not pay the fee; and

    • (b) you do not ask for a hearing within 28 days after getting this reminder notice; and

    • (c) the territorial authority or regional authority decides to bring court proceedings against you.

  • 3 You have a defence if you prove either of the following:

    • (a) that—

      • (i) the action or event to which the offence relates was necessary for the purposes of saving or protecting life or health or preventing serious damage to property; and

      • (ii) your conduct was reasonable in the circumstances; and

      • (iii) you adequately mitigated or remedied the effects of the action or event after it occurred; or

    • (b) that—

      • (i) the action or event to which the offence relates was due to an event beyond your control, including natural disaster, mechanical failure, or sabotage; and

      • (ii) you could not reasonably have foreseen or provided against the action or event; and

      • (iii) you adequately mitigated or remedied the effects of the action or event after it occurred.

  • 4 In addition to the defence described in paragraph 3, you have a defence if—

    • (a) you are—

      • (i) a principal; or

      • (ii) an employer; and

    • (b) you may be liable for an offence alleged to have been committed by—

      • (i) your agent; or

      • (ii) your employee.

    If you are a natural person, including a partner in a firm, you must prove either of the following to have the defence:

    • (a) that you—

      • (i) did not know, and could not reasonably be expected to have known, that the offence was to be, or was being, committed; and

      • (ii) took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or

    • (b) that you took all reasonable steps to—

      • (i) prevent the commission of the offence; and

      • (ii) remedy any effects of the act or omission giving rise to the offence.

    If you are a body corporate, you must prove either of the following to have the defence:

    • (a) that—

      • (i) neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and

      • (ii) you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or

    • (b) that you took all reasonable steps to—

      • (i) prevent the commission of the offence; and

      • (ii) remedy any effects of the act or omission giving rise to the offence.

  • 5 If you pay all the fees for all the offences described in the infringement notice in a lump sum, please provide a note of—

    • (a) the infringement notice number; and

    • (b) the date of each infringement offence; and

    • (c) the identifying number of each offence.

  • 6 If you do not pay all the infringement fees for all the offences described in the infringement notice in a lump sum, please provide a note of—

    • (a) the offences you are paying fees for; and

    • (b) the offences you are not paying fees for; and

    • (c) what you are doing about the offences you are not paying fees for; and

    • (d) your full address for replies.

    All queries and correspondence about the offence(s) must be made to the territorial authority or regional authority at the address shown on the front page of this notice.

Rebecca Kitteridge,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations specify the offences under the Building Act 2004 that may be dealt with as infringement offences. The regulations also prescribe forms for infringement notices and infringement reminder notices.

The regulations come into force on 1 July 2008.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 December 2007.

Contents

  • 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)

Notes
1 General

  • This is a reprint of the Building (Infringement Offences, Fees, and Forms) Regulations 2007. The reprint incorporates all the amendments to the Building (Infringement Offences, Fees, and Forms) Regulations 2007 as at 13 June 2008, 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.

2 Status of reprints

  • 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.

3 How reprints are prepared

  • 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.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 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).

5 List of amendments incorporated in this reprint (most recent first)