Building (Forms) Amendment Regulations 2019

2019/309

Coat of Arms of New Zealand

Building (Forms) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 9th day of December 2019

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 402(1)(k) and (zb) of the Building Act 2004

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Building and Construction.

Regulations

1 Title

These regulations are the Building (Forms) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 10 January 2020.

3 Principal regulations

These regulations amend the Building (Forms) Regulations 2004 (the principal regulations).

4 Regulation 4 amended (Form of agreement between residential property developer and purchaser)

(1)

In the heading to regulation 4, replace residential property developer with commercial on-seller.

(2)

In regulation 4, replace “residential property developer and a purchaser of a household unit under section 364(2) of the Act” with “commercial on-seller and a purchaser of a household unit under section 362V(2) of the Act”.

5 Regulation 5 amended (Other forms)

In regulation 5, after the item relating to form 14, insert:

14A178Application for determination: decision relating to building affected by emergency
6 Schedule amended

(1)

In the Schedule, Part 1 heading, replace residential property developer with commercial on-seller.

(2)

In the Schedule, form 1,—

(a)

replace “residential property developer” with “commercial on-seller” in each place:

(b)

replace “developer” with “commercial on-seller” in each place:

(c)

replace “section 364(1)” with “section 362V(1)”:

(d)

replace “section 364(2)” with “section 362V(2)” in each place.

(3)

In the Schedule, form 14,—

(a)

revoke the paragraphs relating to landline, mobile, daytime, after hours, and facsimile number:

(b)

revoke the heading Hearing and the paragraphs under that heading.

(4)

In the Schedule, form 14, before the signature block, insert:

†I wish to give written/spoken evidence in te reo Māori.

(5)

In the Schedule, after form 14, insert the form 14A set out in the Schedule of these regulations.

Schedule New form 14A inserted in Schedule of principal regulations

r 6(5)

Form 14A Application for determination: decision relating to building affected by emergency

Section 178, Building Act 2004

Applicant

Name: [include preferred form of address, eg, Mr, Ms, Dr, if an individual]

*Contact person:

Mailing address:

Phone number:

Email address:

The applicant is:

†The owner of the building

†The territorial authority of the district in which the building is located

†The building consent authority responsible for consenting to the building work

†The licensed building practitioner concerned with the relevant building work

†The owner of other property (as defined in section 7 of the Building Act 2004) affected by the building work [include details of the property so affected: street address and legal description and the provision of the building code that requires the property to be protected]

†The regional authority of the region in which the dam is located

†A person who has a direct interest in the matter for determination if that matter relates to the provision of access and facilities for persons with disabilities [state the nature of the direct interest]

†A person or organisation who or that has a right or obligation under any other Act to give written notice to a territorial authority about Building Act matters [state details of the relevant right or obligation]

†A responsible person (as defined in section 133BB of the Building Act 2004, but not including the people specified in section 177(6) of that Act)

Other parties

The other parties to this application are [state names and mailing addresses]:

†The owner of the building

†The territorial authority of the district in which the building is located

†The building consent authority responsible for consenting to the building work

†The licensed building practitioner concerned with the relevant building work

†The regional authority of the region in which the dam is located

†A person or organisation who or that has a right or obligation under any other Act to give written notice to a territorial authority about Building Act matters [give details of the relevant right or obligation]

†A responsible person (as defined in section 133BB of the Building Act 2004, but not including the people specified in section 177(6) of that Act)

Copies of this application have been sent to all the above-named parties.

The †building/†dam

Street address: [for structures that do not have a street address, state the nearest street intersection and the distance and direction from that intersection]

Legal description of land where †building/†dam is located: [state legal description as at the date of application and, if the land is proposed to be subdivided, include details of relevant lot numbers and subdivision consent]

†Building/†Dam name:

Description of †building/†dam: [describe the building or dam, including, for example, its use, size, construction type, number of occupants]

Current state of †building/†dam: [describe the state of the building, including, for example, how it has been affected by the emergency]

Year first constructed:

Matter for determination

I apply for a determination in relation to the decision of the responsible person—

†(a)

to put in place measures to keep people at a safe distance or protect the †building/†dam under section 133BS of the Building Act 2004:

†(b)

to place a sign or notice on a †building/†dam under section 133BT of the Building Act 2004:

†(c)

to †carry out/†direct work in relation to a †building/†dam under section 133BW of the Building Act 2004:

†(d)

to direct works in relation to a †building/†dam under section 133BX of the Building Act 2004:

†(e)

not to exercise a power referred to in any of paragraphs (a) to (d).

Key details relevant to decision: [for each decision, give all details relevant to the decision (include dates and times of key events). If the responsible person gave reasons for the decision, state the reasons. If no reasons were given, state that no reasons were given.]

Reasons for application: [for each decision, set out the reasons the decision did not comply with the Building Act 2004 or was otherwise wrong]

†Related applications

The following applications have been made and are related to this application [give date of application and name of applicant]

Attachments

The following documents are attached to this application:

†(a)

a copy of the †sign/†notice/†direction/†other document that was †placed/†given/†provided by the responsible person in relation to the decision:

†(b)

[list plans, specifications, other documents, and correspondence provided in support of this application].

†I wish to give written/spoken evidence in te reo Māori.

Signed by the applicant:

‡Name and position (print):

Date:

*Delete if the applicant is an individual.

†Delete if inapplicable.

‡Only required if applicant is not an individual and application is signed by an authorised officer or agent of the applicant.

Michael Webster,
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 10 January 2020, amend the Building (Forms) Regulations 2004 (the principal regulations).

These regulations insert a new form into the principal regulations. The new form is related to a new subpart that will be inserted into the Building Act 2004 (the Act) on 18 December 2019. The new subpart (which will be subpart 6B of Part 2 of the Act) contains special provisions for buildings affected by emergencies.

Currently, the Act provides for certain matters under the Act to be challenged by an application for a determination of the matter. Form 14 is the form that those applications for a determination must follow. These regulations add a new form 14A, for use in applications for determination of matters that relate specifically to the new provisions for buildings affected by emergencies.

These regulations also make some minor amendments to forms 1 and 14, including to reflect changes to the Act and to practice.

Regulatory impact assessment

The Ministry of Business, Innovation, and Employment produced a regulatory impact assessment on 24 November 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 December 2019.

These regulations are administered by the Ministry of Business, Innovation, and Employment.