Building (National Multiple-use Approval) Regulations 2009

  • revoked
  • Building (National Multiple-use Approval) Regulations 2009: revoked, on 19 May 2011, by regulation 6(1) of the Building (National Multiple-use Approval) Regulations 2011 (SR 2011/139).

Reprint
as at 19 May 2011

Coat of Arms of New Zealand

Building (National Multiple-use Approval) Regulations 2009

(SR 2009/409)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 14th day of December 2009

Present:
His Excellency the Governor-General in Council

  • Building (National Multiple-use Approval) Regulations 2009: revoked, on 19 May 2011, by regulation 6(1) of the Building (National Multiple-use Approval) Regulations 2011 (SR 2011/139).

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.

These regulations are administered by the Department of Building and Housing.

Pursuant to section 402(1)(ka), (kb), and (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 (as defined in section 7 of that Act), makes the following regulations.

Regulations

1 Title

  • These regulations are the Building (National Multiple-use Approval) Regulations 2009.

2 Commencement

  • These regulations come into force on 1 February 2010.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    floor does not include a mezzanine floor or a rooftop area

    outbuilding means a building classified as an outbuilding under clause A1 of the building code

    SH (Sleeping Single Home) has the meaning given to it in Schedule 2 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005

    SR (Sleeping Residential) has the meaning given to it in Schedule 2 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005

    storey, in relation to a building, means a portion of the building between the upper surface of a floor (floor A) in the building and—

    • (a) the upper surface of the next above floor in the building; or

    • (b) if there is no next above floor in the building, the lower surface of the ceiling or roof above floor A.

4 Eligibility criteria for national multiple-use approvals

  • (1) This regulation prescribes the eligibility criteria for a national multiple-use approval.

    (2) The chief executive must be satisfied that the applicant has the intention and ability to reproduce buildings based on the proposed plans and specifications, at least 10 times in a 2-year period.

    (3) The type of building to which the application relates must be—

    • (a) a detached outbuilding; or

    • (b) a detached dwelling in respect of which the intended use is SH (Sleeping Single Home) and that is no more than 2 storeys high; or

    • (c) a dwelling in respect of which the intended use is SR (Sleeping Residential) and that—

      • (i) is no more than 2 storeys high; and

      • (ii) contains no more than 2 household units that—

        • (A) are adjacent on a horizontal plane; and

        • (B) share (that is, are on opposite sides of) a single common wall.

    (4) The application must relate to the building as a whole, but need not include features that are specific to a building site such as, for example, foundations and drainage.

    (5) In this regulation, proposed plans and specifications means the plans and specifications in respect of which the national multiple-use approval is sought.

5 Time limit for deciding applications

  • The chief executive must, within 40 working days after accepting for processing an application for a national multiple-use approval,—

    • (a) issue the approval; or

    • (b) refuse to issue the approval.

6 Fees

  • (1) In respect of any matter specified in the first column of the Schedule, the fee specified opposite that matter in the second column is payable by an applicant for a national multiple-use approval.

    (2) The fees are inclusive of goods and services tax.

Schedule 
Fees payable by applicants for national multiple-use approvals

r 6

Matter Fees
($)
Application for national multiple-use approval 500
Additional hourly processing fees—  
•

account manager

 96
•

assessor

 147
•

specialist

 225
Travel, accommodation, and associated out-of-pocket expenses incurred for purposes of application Amount of reasonable expenses incurred

Rebecca Kitteridge,
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, which come into force on 1 February 2010,—

  • prescribe the eligibility criteria and fees for a national multiple-use approval; and

  • specify the time limits within which a national multiple-use approval must be determined.

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

Date of notification in Gazette: 17 December 2009.

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 (National Multiple-use Approval) Regulations 2009. The reprint incorporates all the amendments to the regulations as at 19 May 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

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/editorial-conventions/ or Part 8 of the Tables of New Zealand 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)

  • Building (National Multiple-use Approval) Regulations 2011 (SR 2011/139): regulation 6(1)