This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on the 28th day after the date of its notification in the Gazette, amends the Building (Definition of Restricted Building Work) Order 2011 to align clause 5 of that order with changes introduced by the Building Amendment Act 2012 to the definition of restricted building work in the Building Act 2004 (the Act).
For a kind of building work to be restricted building work, the definition requires a declaration by Order in Council. Before recommending the making of an order, the Minister must be satisfied that the kind of building work or design work in question is (or is likely to be) critical to the integrity of a building or part of a building.
As envisaged by paragraph (a) of the definition in section 7 of the Act, new clause 5 (as set out in clause 4 of this order) declares certain kinds of building work to be restricted building work. In the former clause 5, the same work was declared to be
“building work that must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise that kind of building work”, which reflected the wording of the definition in section 7 at the time the order was made.
Building work will be restricted building work under new clause 5 if all 3 of the following criteria apply:
it is the construction or alteration of the primary structure or external moisture-management system of a residential building, which carries over the effect of former clause 5(1):
it is of a kind listed in new clause 5(3), which is the same list as in the former clause 5(2):
it is of a kind for which a licensing class to carry out or supervise the work has been designated under the Act (the Building (Designation of Building Work Licensing Classes) Order 2010), which carries over the effect of former clause 5(3).
The clause relates to carpentry work, external plastering work, bricklaying or blocklaying work, foundations work, or roofing work on the construction or alteration of—
Date of notification in Gazette: 6 November 2014.
This order is administered by the Ministry of Business, Innovation, and Employment.