Building Act 2004

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Reprint as at 1 December 2020

Coat of Arms of New Zealand

Building Act 2004

Public Act
 
2004 No 72
Date of assent
 
24 August 2004
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purposes
4Principles to be applied in performing functions or duties, or exercising powers, under this Act
5Overview
5ATransitional, savings, and related provisions
6Act binds the Crown
7Interpretation
8Building: what it means and includes
9Building: what it does not include
10Meaning of allotment
11Role of chief executive
12Role of building consent authority and territorial authority
13Role of regional authority
14Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
14AOutline of responsibilities under this Act
14BResponsibilities of owner
14CResponsibilities of owner-builder
14DResponsibilities of designer
14EResponsibilities of builder
14FResponsibilities of building consent authority
14GResponsibilities of product manufacturer or supplier
15Outline of this Part
16Building code: purpose
17All building work must comply with building code
18Building work not required to achieve performance criteria additional to or more restrictive than building code
19How compliance with building code is established
20Regulations may specify that there is only 1 means of complying with building code
21What happens if regulations specifying that there is only 1 means of complying with building code are made or not made
22Acceptable solution or verification method for use in establishing compliance with building code
23Effect of acceptable solution or verification method
24Chief executive may amend or revoke acceptable solution or verification method
25Content of acceptable solution or verification method
25AAcceptable solutions and verification methods to be available on Ministry’s Internet site
26Chief executive may issue warning about, or ban use of, building methods or products
27Offence to use building method or product in breach of ban under section 26
28Limits on certain powers of building consent authority in cases involving bans under section 26
29Procedural requirements for acceptable solutions, verification methods, warnings, and bans
30Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans
30ANational multiple-use approval establishes compliance with building code
30BHow to apply for national multiple-use approval
30CApplications for national multiple-use approval relating to design work that is restricted building work
30DChief executive must decide whether to accept, for processing, application for national multiple-use approval
30EProcessing application for national multiple-use approval
30FIssue of national multiple-use approval
30GRefusal to issue national multiple-use approval
30HSuspension or revocation of national multiple-use approval
31Building consent authority must apply for project information memorandum
32Owner may apply for project information memorandum
33Content of application
34Issue of project information memorandum
35Content of project information memorandum
36Territorial authority may issue development contribution notice
37Territorial authority must issue certificate if resource consent required
38Territorial authority must give copy of project information memorandum in certain circumstances
39Territorial authority must advise Heritage New Zealand Pouhere Taonga in certain circumstances
40Buildings not to be constructed, altered, demolished, or removed without consent
41Building consent not required in certain cases
42Owner must apply for certificate of acceptance if building work carried out urgently
42ABuilding work for which building consent is not required under Schedule 1
43Building consent not required for energy work
44When to apply for building consent
45How to apply for building consent
45AMinor variations to building consents
45BChanges to plans and specifications that have national multiple-use approval
46Copy of certain applications for building consent must be provided to Fire and Emergency New Zealand
47Fire and Emergency New Zealand may give advice on applications under section 46
48Processing application for building consent
49Grant of building consent
50Refusal of application for building consent
51Issue of building consent
52Lapse of building consent
53Applicant for building consent liable to pay levy
54Building consent authority must advise applicant of amount of levy payable
55Exemption from levy
56Payment of levy sufficient unless estimated value of building work changes
57Payment of levy if building work completed in stages
58Liability to pay levy: building consent authority
59Liability to pay levy: territorial authority
60Territorial authority may retain part of levy
61Chief executive may recover unpaid levies from territorial authority
62Territorial authority may recover unpaid levies from applicant for building consent
63Chief executive may obtain information in order to assess amount of levy payable
64Audit of issue of building consents for purpose of ascertaining payment of levy
65Chief executive may enter into agreements for auditing certain information
66Chief executive must review levy
67Territorial authority may grant building consent subject to waivers or modifications of building code
67ATerritorial authority may grant waivers or modifications in relation to means of restricting access to residential pools
68Territorial authority must notify chief executive if waiver or modification granted
69Waiver or modification may only be granted by chief executive in certain cases
70Applications relating to energy work
71Building on land subject to natural hazards
72Building consent for building on land subject to natural hazards must be granted in certain cases
73Conditions on building consents granted under section 72
74Steps after notification
75Construction of building on 2 or more allotments
76Exemption from section 75
77Building consent must not be granted until condition is imposed under section 75
78Registrar-General of Land must record entry on record of title when certificate is lodged under section 77
79Effect of entry recorded on record of title
80Records of title for 2 or more allotments subject to registered instrument
81Mortgage or charge has priority over registered instrument
82Registrar-General of Land may require preparation of plan
83Owner may apply for entry to be removed
84Licensed building practitioner must carry out or supervise restricted building work
85Offences relating to carrying out or supervising restricted building work
86Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
87Owner must notify names of licensed building practitioners engaged in restricted building work
87ANotices to building consent authority when owner-builder carries out restricted building work
88Licensed building practitioner to provide record of work in respect of restricted building work
89Licensed building practitioner must notify building consent authority of breaches of building consent
90Inspections by building consent authorities
90APurpose of this subpart
90BMeaning of owner-builder
90CMeaning of relevant interest
90DOwner-builder exemption
91Building consent authority that grants building consent to issue code compliance certificate
92Application for code compliance certificate
93Time in which building consent authority must decide whether to issue code compliance certificate
94Matters for consideration by building consent authority in deciding issue of code compliance certificate
95Issue of code compliance certificate
95ARefusal to issue code compliance certificate
96Territorial authority may issue certificate of acceptance in certain circumstances
97How to apply for certificate of acceptance
98Processing application for certificate of acceptance
99Issue of certificate of acceptance
99AAWithholding certificate of acceptance
99ARefusal of application for certificate of acceptance
100Requirement for compliance schedule
101Owner must comply with requirement for compliance schedule
102When compliance schedule must be issued
102AProcedure for obtaining compliance schedule where building consent not required
103Content of compliance schedule
104Building consent authority must notify territorial authority of issue of compliance schedule
104ATerritorial authority must issue statement in relation to compliance schedule
105Obligations of owner if compliance schedule is issued
106Application by owner for amendment to compliance schedule
107Territorial authority may amend compliance schedule on own initiative
108Annual building warrant of fitness
109Territorial authority must consider recommendation to amend compliance schedule
110Owner must obtain reports on compliance schedule
111Inspections by territorial authority
112Alterations to existing buildings
113Buildings with specified intended lives
114Owner must give notice of change of use, extension of life, or subdivision of buildings
115Code compliance requirements: change of use
116Code compliance requirements: extension of life
116ACode compliance requirements: subdivision
116BOffence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire
117Definition for sections 118 to 120
118Access and facilities for persons with disabilities to and within buildings
119Acceptable solution for requirements of persons with disabilities
120Symbols of access must be displayed
121Meaning of dangerous building
121AMeaning of affected building
122Meaning of earthquake-prone building [Repealed]
123Meaning of insanitary building
123AApplication of this subpart to parts of buildings
123BBuildings in areas designated under subpart 6B
124Dangerous, affected, or insanitary buildings: powers of territorial authority
125Requirements for notice requiring building work or restricting entry
126Territorial authority may carry out work
127Building work includes demolition of building
128Prohibition on using dangerous, affected, or insanitary building
128AOffences in relation to dangerous, affected, or insanitary buildings
129Measures to avoid immediate danger or to fix insanitary conditions
130Territorial authority must apply to District Court for confirmation of warrant
131Territorial authority must adopt policy on dangerous and insanitary buildings
132Adoption and review of policy
132APolicy must take into account affected buildings
133Application of this subpart to dams
133AABuildings to which this subpart applies
133ABMeaning of earthquake-prone building
133ACMeaning of earthquake rating
133ADMeaning of low, medium, and high seismic risk
133AEMeaning of priority building
133AFRole of territorial authority in identifying certain priority buildings
133AGTerritorial authority must identify potentially earthquake-prone buildings
133AHTerritorial authority must request engineering assessment of potentially earthquake-prone buildings
133AIObligations of owners on receiving request for engineering assessment
133AJOwners may apply for extension of time to provide engineering assessment
133AKTerritorial authority must determine whether building is earthquake prone
133ALTerritorial authority must issue EPB notice for earthquake-prone buildings
133AMDeadline for completing seismic work
133ANOwner may apply for exemption from requirement to carry out seismic work
133AOOwners of certain heritage buildings may apply for extension of time to complete seismic work
133APEPB notices and EPB exemption notices to be attached to earthquake-prone buildings
133AQTerritorial authority may assess information relating to earthquake-prone building status at any time
133ARTerritorial authority may impose safety requirements
133ASTerritorial authority may carry out seismic work
133ATAlterations to buildings subject to EPB notice
133AUOffences in relation to earthquake-prone buildings
133AVChief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)
133AWConsultation requirements for setting EPB methodology
133AXNotification and availability of EPB methodology
133AYWhat territorial authority must do if definition of ultimate capacity or moderate earthquake amended
133BAPurpose of this subpart
133BBDefinitions
133BCDesignation of areas to which this subpart applies
133BDDecisions about designations (other than termination)
133BEPublic notice of designation
133BFCommencement and duration of designation
133BGPeriodic review of designation
133BHExtension of designation
133BITermination of designation
133BJResponsible persons may exercise powers under this subpart
133BKCDEM Act officers as responsible persons
133BLPowers under this subpart take precedence over CDEM Act powers
133BMEffect of previously issued CDEM Act notices
133BNPrinciples for exercise of powers
133BOPower to enter building or land
133BPExercise of powers in secured buildings
133BQPost-event assessments
133BREvacuation
133BSMeasures to keep people at safe distance and protect building
133BTNotices and signs on buildings
133BUOwner directed to give information
133BVUrgent works to remove or reduce risks
133BWWorks to remove or reduce other risks
133BXWorks for long-term use or occupation of building
133BYResource consent not required for certain works
133BZSharing of information
133BZAApplication of subparts 6, 6A, and 7 in designated areas
133ADams to which subpart 7 provisions apply
133BMeasurement of dams
133CObligation to notify regional authority of classifiable or referable dam and change of ownership
134When owner must classify dam
134ARegional authority may require owner to classify referable dam
134BMethod of classification
134BAClassification of dams that are canals
134COffence of failing to classify dam
135Owner must provide classification of, and certificate for, dam to regional authority
135ACertifying engineer must notify regional authority and owner if dam dangerous
136Regional authority must decide whether to approve or refuse dam classification
137Dam classification provided to regional authority by accredited dam owner deemed to have been approved
138Regional authority must require re-audit of dam classification that it refuses to approve
139Owner must review dam classification
140Requirement for dam safety assurance programme
141Content of dam safety assurance programme
142Owner must provide dam safety assurance programme to regional authority
143Regional authority must decide whether to approve or refuse dam safety assurance programme
144Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved
145Regional authority must require re-audit of dam safety assurance programme that it refuses to approve
146Review of dam safety assurance programme
147Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme
148Obligations of owner in relation to dam safety assurance programme
148ADam safety assurance programme for dams that are canals
148BDam safety assurance programme for 2 or more dams forming single reservoir
149Who is recognised engineer
150Owner of dam must supply annual dam compliance certificate
150AAnnual dam compliance certificate requirements not to apply to accredited dam owner
151Register of dams
152Information to be provided to chief executive
153Meaning of dangerous dam
153AMeaning of earthquake-prone dam and flood-prone dam
153AABuildings in areas designated under subpart 6B
153BOwner must notify regional authority of dangerous dam
154Powers of regional authorities in respect of dangerous dams
155Requirements for notice given under section 154
156Regional authority may carry out work
157Measures to avoid immediate danger
158Regional authority must apply to District Court for confirmation of warrant
159Building work includes decommissioning and demolition of dam
160Power of regional authority not limited
161Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams
162Adoption and review of policy
162APurpose
162BApplication of subpart
162CResidential pools must have means of restricting access
162DPeriodic inspections of residential pools
162EManufacturers and retailers must supply notice
163Definitions for this subpart
164Issue of notice to fix
165Form and content of notice to fix
166Special provisions for notices to fix from building consent authority
167Inspection of building work under notice to fix
168Offence not to comply with notice to fix
168AChief executive’s functions in relation to this Act
169Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
169AChief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)
170Chief executive must consult in performing certain functions
171Chief executive may seek advice from building advisory panel
172Appointment of building advisory panel
173Function of panel
174Chief executive must report on panel’s operation
175Chief executive may publish guidance information
175AChief executive may provide dispute resolution services
176Meaning of party
177Application for determination
178Requirements for application for determination
179Chief executive may refuse application for determination
180Application for determination may be withdrawn
181Chief executive may make determination on own initiative
182No proceedings until determination made
183Decision or exercise of power suspended until determination made
184Chief executive must decide whether to make determination
185When determination must be completed
186Procedure for determination
187Chief executive may engage persons to assist with determination
188Determination by chief executive
189Clarification of determination
190Parties’ costs
191Chief executive may enter person’s name in register of building consent authorities
192Criteria for registration
193Effect of registration
194Application for registration
195Chief executive must decide application for registration
196Registration continuous so long as person meets criteria for registration
197Consequences of failure to meet criteria for registration
198Effect of suspension
199Offence for person to perform functions of building consent authority or regional authority if person not registered, etc
200Complaints about building consent authorities
201Chief executive may conduct investigation on own initiative
202Procedure if chief executive proceeds to investigate complaint or matter
203Disciplinary powers of chief executive
204Special powers of chief executive for monitoring performance of functions under this Act
205Limits on power to enter land or building
206Chief executive must supply warrant
207Duties of person supplied with warrant
207AChief executive may require person to provide information or produce documents
207BOffence of failing to comply with chief executive’s notice for provision of information
207CInvestigation of building failure
207DPowers of investigation: purpose and investigation site
207ELimits to powers of investigation
207FAssistance with investigation
207GPower to secure investigation site
207HPower to enter investigation site
207IPower to enter household unit
207JPower to inspect and take samples and evidence
207KPower to carry out works
207LPower to require assistance
207MPower to require information or documents
207NRestrictions on sharing evidence or information
207OSharing evidence or information with occupational bodies
207PReport with findings of investigation
207QOffence to interfere with investigation site
207ROffence to access investigation site despite restriction or prohibition
207SOffence to obstruct investigation or fail to provide information or document
208Appeals to District Court
209Procedure for commencing appeal
210Steps after appeal is commenced
211Powers of District Court on appeal
212Territorial authority must act as building consent authority for its district
213Territorial authority may make arrangements relating to functions of building consent authority
214How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority
215Territorial authority must gain accreditation and be registered
216Territorial authority must keep information about buildings
217Access to certain information kept by territorial authority
218Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive’s function under sections 169 and 169A
219Territorial authority may impose fee or charge and must collect levy
220Territorial authority may carry out building work on default
221Recovery of costs when territorial authority carries out work on default
222Inspections by territorial authority
223Duty to assist inspections
224Warrant must be produced
225Offence to impersonate authorised officer
226Restriction on entry to household unit
227District Court may authorise entry to household unit
228Authorised officer must give notice to occupier of household unit
[Repealed]
229Authorisation of enforcement officers [Repealed]
230Conditions of authorisation [Repealed]
231Offence to impersonate enforcement officer [Repealed]
232Delegation of powers by territorial authority and its officers
233Transfer of functions, duties, or powers of territorial authority
234Procedure for transfer
235Territorial authorities may agree on terms of transfer
236Effect of transfer
237Application of subpart
238Duties of building consent authority
239Building consent authority must provide information to chief executive
240Building consent authority may impose fee or charge and must collect levy
241Regional authority must gain accreditation and be registered
242Regional authority must provide information to chief executive
243Regional authorities may impose fee or charge and recover costs, and must collect levy
244Transfer of functions, duties, and powers of regional authority
245Procedure for transfer
246Regional authorities may agree on terms of transfer
247Effect of transfer
248Chief executive may appoint building consent accreditation body
249Requirements for building consent accreditation body
249AFees for audits
250Accreditation
251Criteria for accreditation
252Scope of accreditation of building consent authority that is not territorial authority
253Application for accreditation
254Revocation of accreditation
255Building consent accreditation body must notify chief executive of grant and revocation of accreditation
256Chief executive may appoint dam owner accreditation body
257Requirements for dam owner accreditation body
257AFees for audits
258Accreditation
259Revocation of accreditation
260Dam owner accreditation body must notify chief executive of grant and revocation of accreditation
261Chief executive may appoint product certification accreditation body
262Requirements for product certification accreditation body
262AFees for audits
263Accreditation
264Criteria for accreditation
265Application for accreditation
266Suspension or revocation of accreditation
267Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation
268Application for product certificate
269Issue of product certificate
270Annual review of product certificate
271Suspension or revocation of product certificate
272Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate
273Chief executive must keep registers
274Purpose of registers
275Content of register of building consent authorities
275AContent of EPB register
275BModification of chief executive’s obligation to make EPB register available for public inspection
276Review of territorial authorities
277Non-performance by territorial authority
278Criteria for appointment or renewal of appointment
279Effect of appointment
280Costs may be recovered from territorial authority
281Requirements for appointment
281AWhat fees and charges may be imposed
281BAuthority may increase fee or charge to meet additional cost
281CAuthority may waive or refund fee or charge
281DValidity of previous fees, charges, and additional costs
282Definitions for this Part
282APurposes of licensing building practitioners
283Specified procedure for making decisions
284Other procedure for making decisions
285Licensing classes may be designated by regulations
286Entitlement to be licensed
287Applications to become licensed
288Registrar to license applicant or decline application
289Duty to produce evidence of being licensed
290Term of being licensed
291Automatic licensing of people registered under other enactments
292Licensed building practitioner must meet applicable minimum standards for licensing to continue
293Consequences of failure to meet applicable minimum standards for licensing
294Cancellation of licensing
295Mandatory licensing suspension
296Voluntary licensing suspension
297Effect of licensing suspension
298Register of licensed building practitioners
299Purpose of register
300Form of register
301Matters to be contained in register
302Obligation to notify Registrar of change in circumstances
303Registrar must contact licensed building practitioners on annual basis
304Alterations to register
305Search of register
306Search criteria
307Search purposes
308When search constitutes interference with privacy of individual
309Search fees
310Appointment of Registrar of Licensed Building Practitioners
311Functions of Registrar
312Power of Registrar to delegate
313Certificate of Registrar to be conclusive evidence
314Offences relating to licensing
314ACode of ethics for licensed building practitioners
314BLicensed building practitioner must work within competence
315Complaints about licensed building practitioners
316Board must investigate complaints
317Grounds for discipline of licensed building practitioners
318Disciplinary penalties
319Non-payment of fines or costs
320Payment and application of charges, fines, and other money
321Board must act independently
322Board may hear evidence for disciplinary matters
323Issuing of summons by Board
324Service of summons
325Witnesses’ fees, allowances, and expenses
326Failure to comply with summons
327Witness and counsel privileges
328Enforcement of actions
329Certificate of Board to be conclusive evidence
330Right of appeal
331Time in which appeal must be brought
332Method of bringing appeal
333Notice of right of appeal
334Actions to have effect pending determination of appeal
335Procedure on appeal
336Appeal authority’s decision final
337Appeal authority may refer matter back for reconsideration
338Orders as to costs
339Orders as to publication of names
340Appeal on question of law
341Establishment of Board
342Capacity and powers
343Board’s functions
344Composition of Board
345Criteria for appointment
346Further provisions relating to Board and its members
347Obligation to prepare annual report
348Form and content of annual report
349Obligation for Board to provide annual report to Minister
350Board to publish reports
351Annual reports to be presented to House of Representatives
352Power of Minister to require information relating to affairs of Board
353Rules relating to licensed building practitioners
354Chief executive to prepare proposed rules
355Particular requirements for preparation of rules containing LBP standards
356Rules to be approved by Board
357Revision of rules
358Approval of revised rule
359Requirements of sections 355 to 358 relate to amendments and revocations by Board
360Rules to be approved by Minister
361Rules made when approved by Minister
362Status of rules
362AOutline of this Part
362BMeaning of building work and residential building contract
362CConsumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part
362DBuilding contractor must provide information before residential building contract entered into
362EPurpose of regulations under section 362D
362FMinimum requirements for residential building contract over certain value
362GRegulations may prescribe content, etc of residential building contract
362HWhen provisions relating to implied warranties apply
362IImplied warranties for building work in relation to household units
362JProceedings for breach of warranties may be taken by non-party to contract
362KPerson may not give away benefit of warranties
362LRemedies for breach of implied warranty
362MRemedies if breach of warranty can be remedied
362NRemedies if breach of warranty cannot be remedied or breach is substantial
362OMeaning of substantial breach
362PRules applying to cancellation
362QBuilding contractor or on-seller must remedy defect notified within 1 year of completion
362RDefinitions for purposes of section 362Q
362SExclusion of liability for event not attributable to fault of building contractor or on-seller
362TBuilding contractor must provide prescribed information and documentation on completion of residential building work
362UPurpose of regulations under section 362T(2)
362VOffence for commercial on-seller to transfer household unit without code compliance certificate
362WPremises in respect of which duty arises under section 363
363Protecting safety of members of public using premises open to public or intended for public use
363APublic use of premises may be allowed before issue of code compliance certificate in some circumstances
363BApplication of section 363 to building work where consent granted, or work begun, before 31 March 2005 [Repealed]
363CSection 363 does not apply to building work commenced before 31 March 2005
364Offence for residential property developer to transfer household unit without code compliance certificate [Repealed]
365Offence to fail to comply with direction of authorised person
366Offence to impersonate building consent authority or regional authority, etc
367Offence to obstruct execution of powers under this Act
368Offence to remove or deface notices
369Offence to make false or misleading statement
370Interpretation
371Proceedings for infringement offences
371AWho may issue infringement notices
371BAuthorisation to issue infringement notice
371CConditions of authorisation
371DOffence to impersonate enforcement officer
372Issue of infringement notices
373Form of infringement notices
374Payment of infringement fees
375Prosecution of offences
376Offences punishable on summary conviction [Repealed]
377Filing charging document
378Time limit for filing charging document
379Offence under more than 1 enactment
380What constitutes continuing offence
381District Court may grant injunctions for certain continuing breaches
382Terms of injunction or order
383District Court may direct chief executive to make determination
384District Court may grant interim injunctions
385Application of section 381 to Crown organisation
386Liability of principal for acts of agents
387Liability for acts of employees or agents of Crown organisations
388Strict liability and defences
389Fines to be paid to territorial authority or regional authority instituting prosecution
390Civil proceedings may not be brought against chief executive, employees, etc
391Civil proceedings against building consent authorities
392Building consent authority not liable
393Limitation defences
394Service of notices
395Notices in relation to Māori land
[Repealed]
396Application of sections 397 to 399 [Repealed]
397Implied warranties for building work in relation to household units [Repealed]
398Proceedings for breach of warranties may be taken by person who was not party to contract for building work [Repealed]
399Person may not give away benefit of warranties [Repealed]
400Regulations: building code
401Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
401ARegulations: building consents and consent completion certificates
401BOrder in Council declaring work to be restricted building work
401CRegulations: earthquake-prone buildings
402Regulations: general
402AChief executive must review regulations made under section 402(1)(kb)
403Consultation requirements for making regulations
404Certain regulations must not come into force earlier than specified date
405Incorporation of material by reference into certain instruments, solutions, and methods
406Effect of amendments to, or replacement of, material incorporated by reference
407Proof of material incorporated by reference
408Effect of expiry of material incorporated by reference
409Requirement to consult
410Access to material incorporated by reference
411Application of Legislation Act 2012 to provisions incorporated by reference
412Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed]
413Application of Standards and Accreditation Act 2015 not affected
414Amendments to other enactments
415Repeal
416Outline of transitional provisions
417No compensation for loss of office
418Authority dissolved
419Assets and liabilities vest in Crown
420Protection from civil liability for members, building referees, and employees of Authority continued
421Restriction of compensation for technical redundancy
422Reappointment of employee of Authority to Ministry
423Final reports and accounts
424References to Authority
425Proceedings of Authority
426Validation of levy
427Validation of past expenditure of levy
428Validation of accumulation of levy
429Transitional provision for matters of doubt or dispute relating to building control under former Act
430Transitional provision for building levy under former Act
431Transitional provision for rate of building levy under this Act
432Transitional provision for certain applications
433Transitional provision for building consents granted under former Act
434Transitional provision for certain entries on certificates of title made under former Act
435Transitional provision for notices issued under former Act
436Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
437Transitional provision for issue of certificate of acceptance
438Transitional provision for code compliance certificates and compliance schedules issued under former Act
439Transitional provision for document used in establishing compliance with building code
440Transitional provision for applications for approval as building certifier under former Act
441Transitional provision for applications for continuation or renewal of approval as building certifier under former Act
442Meaning of approved building certifier
443Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority
444What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006
445What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006
446Certain provisions of former Act apply for purposes of sections 444 and 445
447Transitional provision for certificate of accreditation issued under former Act
448Transitional provision for proceedings under former Act
449Territorial authorities and regional authorities must apply to be registered by 31 May 2006
450When territorial authority may and must act as building consent authority during transition to this Act
450ATransitional and savings provision for residential pools
450BSavings provision for existing residential pools
451Chief executive must review building code
Reprint notes
 
1 Title

This Act is the Building Act 2004.

Part 1 Preliminary provisions

Subpart 1—General

Commencement

2 Commencement

(1)

The following provisions come into force on 30 November 2004:

(c)
(d)

subpart 1 of Part 3:

(e)
(f)

Part 5 (except sections 414 and 415, 429 to 448, and 450):

(2)

The rest of this Act comes into force on 31 March 2005 (except sections 45(1)(e) and 45(2) to 45(4) and 84 to 89).

(3)

Sections 45(1)(e) and 45(2) to 45(4) and 84 to 89 come into force on 30 November 2010.

Section 2(3): amended, on 15 March 2008, by section 4 of the Building Amendment Act 2008 (2008 No 4).

Purpose and principles

3 Purposes

This Act has the following purposes:

(a)

to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings to ensure that—

(i)

people who use buildings can do so safely and without endangering their health; and

(ii)

buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and

(iii)

people who use a building can escape from the building if it is on fire; and

(iv)

buildings are designed, constructed, and able to be used in ways that promote sustainable development:

(b)

to promote the accountability of owners, designers, builders, and building consent authorities who have responsibilities for ensuring that building work complies with the building code.

Section 3: replaced, on 13 March 2012, by section 4 of the Building Amendment Act 2012 (2012 No 23).

4 Principles to be applied in performing functions or duties, or exercising powers, under this Act

(1)

This section applies to—

(a)

the Minister; and

(b)

the chief executive; and

(c)

a territorial authority or regional authority (but only to the extent that the territorial authority or regional authority is performing functions or duties, or exercising powers, under subpart 6A of Part 2 (which relates to earthquake-prone buildings) or in relation to the grant of waivers or modifications of the building code or the adoption and review of policy on dangerous and insanitary buildings or dangerous dams); and

(d)

in subpart 6B of Part 2,—

(i)

a person who may designate an area for the purposes of that subpart:

(ii)

a responsible person as defined in section 133BB(1).

(2)

In achieving the purpose of this Act, a person to whom this section applies must take into account the following principles that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act:

(a)

when dealing with any matter relating to 1 or more household units,—

(i)

the role that household units play in the lives of the people who use them, and the importance of—

(A)

the building code as it relates to household units; and

(B)

the need to ensure that household units comply with the building code:

(ii)

the need to ensure that maintenance requirements of household units are reasonable:

(iii)

the desirability of ensuring that owners of household units are aware of the maintenance requirements of their household units:

(b)

the need to ensure that any harmful effect on human health resulting from the use of particular building methods or products or of a particular building design, or from building work, is prevented or minimised:

(c)

the importance of ensuring that each building is durable for its intended use:

(d)

the importance of recognising any special traditional and cultural aspects of the intended use of a building:

(e)

the costs of a building (including maintenance) over the whole of its life:

(f)

the importance of standards of building design and construction in achieving compliance with the building code:

(g)

the importance of allowing for continuing innovation in methods of building design and construction:

(h)

the reasonable expectations of a person who is authorised by law to enter a building to undertake rescue operations or firefighting to be protected from injury or illness when doing so:

(i)

the need to provide protection to limit the extent and effects of the spread of fire, particularly with regard to—

(i)

household units (whether on the same land or on other property); and

(ii)

other property:

(j)

the need to provide for the protection of other property from physical damage resulting from the construction, use, and demolition of a building:

(k)

the need to provide, both to and within buildings to which section 118 applies, facilities that ensure that reasonable and adequate provision is made for persons with disabilities to enter and carry out normal activities and processes in a building:

(l)

the need to facilitate the preservation of buildings of significant cultural, historical, or heritage value:

(m)

the need to facilitate the efficient use of energy and energy conservation and the use of renewable sources of energy in buildings:

(n)

the need to facilitate the efficient and sustainable use in buildings of—

(i)

materials (including materials that promote or support human health); and

(ii)

material conservation:

(o)

the need to facilitate the efficient use of water and water conservation in buildings:

(p)

the need to facilitate the reduction in the generation of waste during the construction process.

(q)

the need to ensure that owners, designers, builders, and building consent authorities are each accountable for their role in ensuring that—

(i)

the necessary building consents and other approvals are obtained for proposed building work; and

(ii)

plans and specifications are sufficient to result in building work that (if built to those plans and specifications) complies with the building code; and

(iii)

building work for which a building consent is issued complies with that building consent; and

(iv)

building work for which a building consent is not required complies with the building code.

Compare: 1991 No 150 s 6(2)

Section 4(1)(c): amended, on 1 July 2017, by section 4 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 4(1)(d): inserted, on 17 December 2019, by section 4 of the Building Amendment Act 2019 (2019 No 27).

Section 4(2)(k): amended, on 15 March 2008, by section 5 of the Building Amendment Act 2008 (2008 No 4).

Section 4(2)(q): inserted, on 13 March 2012, by section 5 of the Building Amendment Act 2012 (2012 No 23).

Overview

5 Overview

(1)

This Act replaces the Building Act 1991.

(2)

In this Act,—

(a)

this Part deals with preliminary matters, including—

(i)

the purpose of this Act:

(ii)

interpretation:

(iii)

the application of this Act to the Crown:

(b)

Part 2 and Schedules 1 and 2 deal with matters relating to the building code and building control, including—

(i)

the requirements relating to building work (for example, the requirement for a building consent):

(ii)

the requirements relating to the use of buildings (for example, the requirement for a compliance schedule or the provisions relating to access to buildings by persons with disabilities):

(iii)

provisions for certain categories of buildings (including dangerous, earthquake-prone, or insanitary buildings):

(iv)

provisions for the safety of dams:

(v)

provisions relating to residential pool safety:

(c)

Part 3

(i)

sets out the main functions, duties, and powers of the chief executive, territorial authorities, building consent authorities, and regional authorities under this Act:

(ii)

empowers the chief executive to register building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3:

(iii)

provides for the appointment of a building consent accreditation body and the accreditation of building consent authorities:

(iv)

provides for the appointment of a dam owner accreditation body and the accreditation of dam owners:

(v)

provides for the appointment of a product certification accreditation body and the accreditation of product certification bodies:

(vi)

sets out a process for the certification of building methods or products:

(d)

Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the establishment of the Building Practitioners Board, and the making of rules relating to licensed building practitioners:

(e)

Part 5 and Schedule 4 deal with miscellaneous matters that underpin the substantive provisions of this Act, including—

(i)

offences and criminal proceedings:

(ii)

implied terms of contracts that provide for building work to be carried out in relation to household units:

(iii)

regulation-making powers:

(iv)

amendments to other enactments and the repeal of the Building Act 1991:

(v)

transitional provisions.

(3)

This section is intended only as a guide to the general scheme and effect of this Act.

Section 5(2)(b)(v): inserted, on 1 January 2017, by section 4 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 5(2)(c)(ii): amended, on 14 April 2005, by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).

Transitional, savings, and related provisions

Heading: inserted, on 1 July 2017, by section 5 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

5A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Section 5A: inserted, on 1 July 2017, by section 5 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Application of Act to the Crown

6 Act binds the Crown

(1)

This Act binds the Crown except as provided in subsections (2) to (4).

(2)

This Act does not apply to a Crown building or Crown building work if the Minister of Defence certifies in writing that the building or building work is necessary for reasons of national security.

(3)

An instrument of the Crown may be prosecuted for an offence against this Act only if—

(a)

it is a Crown organisation; and

(b)

the offence is alleged to have been committed by the Crown organisation; and

(c)

the proceedings are commenced—

(i)

against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

(4)

The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided for in subsection (3).

Compare: 1991 No 150 s 5

Subpart 2—Interpretation

General

7 Interpretation

In this Act, unless the context otherwise requires,—

abode or place of abode

(a)

means any place used predominantly as a place of residence or abode, including any appurtenances belonging to or enjoyed with the place; and

(b)

includes—

(i)

a hotel, motel, inn, hostel, or boarding house:

(ii)

a convalescent home, nursing home, or hospice:

(iii)

a rest home or retirement village:

(iv)

a camping ground:

(v)

any similar place

acceptable solution means an acceptable solution issued under section 22(1)

accredited dam owner means an owner of a dam who is accredited under section 258

allotment has the meaning given to it by section 10

alter, in relation to a building, includes to rebuild, re-erect, repair, enlarge, and extend the building

appurtenant structure, in relation to a dam, means a structure that is integral to the safe functioning of the dam as a structure for retaining water or other fluid

Authority means the Building Industry Authority established under section 10(1) of the former Act

Board has the meaning given to it by section 282

building has the meaning given to it by sections 8 and 9

building code means the regulations made under section 400

building consent means a consent to carry out building work granted by a building consent authority under section 49

building consent accreditation body means the person referred to in section 248(2)

building consent authority means a person whose name is entered in the register referred to in section 273(1)(a)

building levy means a levy payable under section 53

building method or product has the meaning given to it by section 20

building work

(a)

means work—

(i)

for, or in connection with, the construction, alteration, demolition, or removal of a building; and

(ii)

on an allotment that is likely to affect the extent to which an existing building on that allotment complies with the building code; and

(b)

includes sitework; and

(c)

includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and

(d)

in Part 4, and the definition in this section of supervise, also includes design work (relating to building work) of a kind declared by the Governor-General by Order in Council to be building work for the purposes of Part 4

cable car

(a)

means a vehicle—

(i)

that carries people or goods on or along an inclined plane or a suspended cable; and

(ii)

that operates wholly or partly outside of a building; and

(iii)

the traction for which is supplied by a cable or any other means; but

(b)

does not include a lift that carries people or goods between the floors of a building

certificate of acceptance means a certificate issued under section 96

chief executive means the chief executive of the Ministry

classifiable dam has the meaning given to it by regulations made under this Act

code compliance certificate means a certificate issued by a building consent authority under section 95

compliance schedule means a compliance schedule required under section 100

consideration, in relation to estimated value, has the meaning given to it in section 2(1) of the Goods and Services Tax Act 1985

constable has the same meaning as in section 4 of the Policing Act 2008

construct, in relation to a building, includes to design, build, erect, prefabricate, and relocate the building

crest, in relation to a dam, means the uppermost surface of a dam, not taking into account any camber allowed for settlement, or any curbs, parapets, guard rails, or other structures that are not part of the water-retaining structure; and for the avoidance of doubt, any freeboard is part of the water-retaining structure for the purposes of this definition

Crown organisation has the meaning given to it by section 4 of the Crown Organisations (Criminal Liability) Act 2002

dam

(a)

means an artificial barrier, and its appurtenant structures, that—

(i)

is constructed to hold back water or other fluid under constant pressure so as to form a reservoir; and

(ii)

is used for the storage, control, or diversion of water or other fluid; and

(iii)
[Repealed]

(b)

includes—

(i)

a flood control dam; and

(ii)

a natural feature that has been significantly modified to function as a dam; and

(iii)

a canal; but

(c)

does not include a stopbank designed to control floodwaters

dam owner accreditation body means the person referred to in section 256

dam safety assurance programme means a dam safety assurance programme prepared by an owner of a dam under section 140

determination means a determination made by the chief executive under subpart 1 of Part 3

earthquake-prone building has the meaning given in section 133AB

earthquake rating has the meaning given in section 133AC

employee includes,—

(a)

in relation to a Crown organisation, the chief executive or principal officer (however described) of that organisation; and

(b)

in relation to the New Zealand Defence Force, a member of the Armed Forces (as that term is defined in section 2(1) of the Defence Act 1990)

energy work means—

(a)

gasfitting; or

(b)

prescribed electrical work

energy work certificate means a certificate of the kind referred to in section 19(1)(e)

engineering assessment, in relation to a building or a part of a building, means an engineering assessment of the building or part that complies with the requirements of the EPB methodology

EPB exemption notice means an exemption notice issued under section 133AN

EPB methodology means the methodology for identifying earthquake-prone buildings that is set by the chief executive under section 133AV

EPB notice means an earthquake-prone building notice issued under section 133AL

EPB register means the register of earthquake-prone buildings established and maintained under section 273(1)(aab)

estimated value, in relation to building work, means the estimated aggregate of the consideration, determined in accordance with section 10 of the Goods and Services Tax Act 1985, of all goods and services to be supplied for the building work

falsework, in relation to building work or the maintenance of a building,—

(a)

means any temporary structure or framework used to support materials, equipment, or an assembly; and

(b)

includes steel tubes, adjustable steel props, proprietary frames, or other means used to support a permanent structure until it becomes self-supporting; but

(c)

does not include scaffolding or cranes used for support

fire hazard means the danger of potential harm and degree of exposure arising from—

(a)

the start and spread of fire; and

(b)

the smoke and gases that are generated by the start and spread of fire

former Act means the Building Act 1991

functional requirements, in relation to a building, means those functions that the building is required to perform for the purposes of this Act

gasfitting has the meaning given to it by section 4 of the Plumbers, Gasfitters, and Drainlayers Act 2006

heritage building means,—

(a)

in subpart 6B of Part 2,—

(i)

a building that is included on the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or

(ii)

a building that is included on the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014; or

(iii)

a place, or part of a place, that is subject to a heritage covenant under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014 and is registered under section 41 of that Act; or

(iv)

a place, or part of a place, that is subject to a heritage order within the meaning of section 187 of the Resource Management Act 1991; or

(v)

a place, or part of a place, that is included in a schedule of a district plan because of its heritage value:

(b)

elsewhere in this Act, a building referred to in paragraph (a)(i) or (ii)

heritage dam means a dam that is included on—

(a)

the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or

(b)

the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014

high potential impact dam means a dam that has been classified under section 134B as having high potential impact

high seismic risk has the meaning given in section 133AD

household unit

(a)

means a building or group of buildings, or part of a building or group of buildings, that is—

(i)

used, or intended to be used, only or mainly for residential purposes; and

(ii)

occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household; but

(b)

does not include a hostel, boardinghouse, or other specialised accommodation

immediate pool area means the land in or on which the pool is situated and so much of the surrounding area as is used for activities carried out in relation to or involving the pool

independently qualified person means a person—

(a)

who is accepted by a territorial authority as being qualified to—

(i)

carry out or supervise all or some of the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule; and

(ii)

certify that those procedures have been fully complied with; and

(b)

whose acceptance under paragraph (a) has not been withdrawn by the territorial authority

independently qualified pool inspector means a person—

(a)

accepted by the chief executive as qualified to carry out inspections to determine whether a pool has barriers that comply with the requirements of section 162C; and

(b)

whose acceptance has not been withdrawn

intended use, in relation to a building,—

(a)

includes any or all of the following:

(i)

any reasonably foreseeable occasional use that is not incompatible with the intended use:

(ii)

normal maintenance:

(iii)

activities undertaken in response to fire or any other reasonably foreseeable emergency; but

(b)

does not include any other maintenance and repairs or rebuilding

large dam means a dam that has a height of 4 or more metres and holds 20 000 or more cubic metres volume of water or other fluid

licensed building practitioner means a building practitioner whose name is, for the time being, entered in the register established and maintained under section 298(1)

local authority has the meaning given to it in section 5(1) of the Local Government Act 2002

low potential impact dam means a dam that has been classified under section 134B as having low potential impact

low seismic risk has the meaning given in section 133AD

means of escape from fire, in relation to a building that has a floor area,—

(a)

means continuous unobstructed routes of travel from any part of the floor area of that building to a place of safety; and

(b)

includes all active and passive protection features required to warn people of fire and to assist in protecting people from the effects of fire in the course of their escape from the fire

medium potential impact dam means a dam that has been classified under section 134B as having medium potential impact

medium seismic risk has the meaning given in section 133AD

Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

minor customisation, in relation to an application for a building consent that incorporates plans and specifications that have national multiple-use approval, means a minor modification, addition, or variation to those plans and specifications that is permitted by regulations made under section 402(1)(kc)

minor variation means a minor modification, addition, or variation to a building consent that is permitted by regulations made under section 402(1)(kd)

national multiple-use approval means an approval issued by the chief executive under section 30F

natural hazard has the meaning given to it by section 71

network utility operator means a person who—

(a)

undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or

(b)

operates or proposes to operate a network for the purpose of—

(i)

telecommunication as defined in section 5 of the Telecommunications Act 2001; or

(ii)

radiocommunications as defined in section 2(1) of the Radiocommunications Act 1989; or

(c)

is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or

(d)

undertakes or proposes to undertake the distribution of water for supply (including irrigation); or

(e)

undertakes or proposes to undertake a drainage or sewerage system

notice to fix has the meaning given to it by section 164(2)

NUO system means a system owned or controlled by a network utility operator

other property

(a)

means any land or buildings, or part of any land or buildings, that are—

(i)

not held under the same allotment; or

(ii)

not held under the same ownership; and

(b)

includes a road

outbuilding has the same meaning as in the building code

owner, in relation to land and any buildings on the land,—

(a)

means the person who—

(i)

is entitled to the rack rent from the land; or

(ii)

would be so entitled if the land were let to a tenant at a rack rent; and

(b)

includes—

(i)

the owner of the fee simple of the land; and

(ii)

for the purposes of sections 32, 44, 92, 96, 97, and 176(c), any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, and who is bound by the agreement because the agreement is still in force

owner-builder has the meaning given to it by section 90B

owner-builder exemption means the exemption for owner-builders set out in section 90D

owner-builder status means the status of a person as an owner-builder

performance criteria, in relation to a building, means qualitative or quantitative criteria that the building is required to satisfy in performing its functional requirements

person includes—

(a)

the Crown; and

(b)

a corporation sole; and

(c)

a body of persons (whether corporate or unincorporate)

person with a disability means a person who has an impairment or a combination of impairments that limits the extent to which the person can engage in the activities, pursuits, and processes of everyday life, including, without limitation, any of the following:

(a)

a physical, sensory, neurological, or intellectual impairment:

(b)

a mental illness

plans and specifications

(a)

means the drawings, specifications, and other documents according to which a building is proposed to be constructed, altered, demolished, or removed; and

(b)

includes the proposed procedures for inspection during the construction, alteration, demolition, or removal of a building; and

(c)

in the case of the construction or alteration of a building, also includes—

(i)

the intended use of the building; and

(ii)

the specified systems that the applicant for building consent considers will be required to be included in a compliance schedule required under section 100; and

(iii)

the proposed inspection, maintenance, and reporting procedures for the purposes of the compliance schedule for those specified systems

pool

(a)

means—

(i)

any excavation or structure of a kind normally used for swimming, paddling, or bathing; or

(ii)

any product (other than an ordinary home bath) that is designed or modified to be used for swimming, wading, paddling, or bathing; but

(b)

does not include an artificial lake

pool operator means a person who operates and maintains a pool on a day-to-day basis

prescribed means prescribed by regulations made under this Act

prescribed electrical work has the meaning given to it by section 2(1) of the Electricity Act 1992

prescribed fee includes a fee calculated in accordance with a rate or method prescribed for this purpose in regulations made under this Act

priority building has the meaning given in section 133AE

product certification accreditation body means the person referred to in section 261(2)

property

(a)

includes land, buildings, and goods; but

(b)

does not include incorporeal forms of property

publicly notify means publish a notice—

(a)

in 1 or more daily newspapers circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and

(b)

in the Gazette; and

(c)

on the Internet in an electronic form that is publicly accessible at all reasonable times

recognised engineer, in relation to a dam, means an engineer who meets the requirements in section 149

referable dam has the meaning given to it by regulations made under this Act

regional authority means—

(a)

a regional council; or

(b)

a unitary authority

regional council has the meaning given to it by section 5(1) of the Local Government Act 2002

Registrar has the meaning given to it by section 282

regulations means regulations in force under this Act

residential pool means a pool that is—

(a)

in a place of abode; or

(b)

in or on land that also contains an abode; or

(c)

in or on land that is adjacent to other land that contains an abode if the pool is used in conjunction with that other land or abode

restricted building work means any building work that is—

(a)

building work of a kind declared by the Governor-General by Order in Council to be restricted building work; or

(b)

design work of a kind declared by the Governor-General by Order in Council to be restricted building work

rules means any rules made under section 353

scaffolding used in the course of the construction process

(a)

means a structure, framework, swinging stage, suspended scaffolding, or boatswain’s chair, that is of a temporary nature and that is used or intended to be used for—

(i)

the support or protection of workers engaged in, or in connection with, construction work for the purpose of carrying out the work; or

(ii)

the support of materials used in connection with the work; and

(b)

includes any plank, coupling, fastening, fitting, or device used in connection with the construction, erection, or use of scaffolding

scope of accreditation, in relation to a building consent authority that is not a territorial authority, means the scope of technical competence for which the building consent authority is accredited by a building consent accreditation body in accordance with section 252

seismic work, in relation to a building or a part of a building that is subject to an EPB notice, means the building work required to ensure that the building or part is no longer earthquake prone

sitework means work on a building site, including earthworks, preparatory to, or associated with, the construction, alteration, demolition, or removal of a building

small heated pool means a heated pool (such as a spa pool or a hot tub) that—

(a)

has a water surface area of 5 m2 or less; and

(b)

is designed for therapeutic or recreational use

specialised accommodation means a building that is declared by the Governor-General, by Order in Council, to be specialised accommodation for the purposes of this Act

specified intended life has the meaning given to it by section 113(3)

specified system

(a)

means a system or feature that—

(i)

is contained in, or attached to, a building; and

(ii)

contributes to the proper functioning of the building (for example, an automatic sprinkler system); and

(iii)

is declared by the Governor-General, by Order in Council, to be a specified system for the purposes of this Act; and

(b)

includes a cable car

statutory authority means an authority or organisation that has the statutory power to classify or register land or buildings for any purpose

supervise, in relation to building work, means provide control or direction and oversight of the building work to an extent that is sufficient to ensure that the building work—

(a)

is performed competently; and

(b)

complies with the building consent under which it is carried out

territorial authority

(a)

means a city council or district council named in Part 2 of Schedule 2 of the Local Government Act 2002; and,—

(i)

in relation to land within the district of a territorial authority, or a building on or proposed to be built on any such land, means that territorial authority; and

(ii)

in relation to any part of a coastal marine area (within the meaning of the Resource Management Act 1991) that is not within the district of a territorial authority, or a building on or proposed to be built on any such part, means the territorial authority whose district is adjacent to that part; and

(b)

includes the Minister of Conservation or the Minister of Local Government, as the case may be, in any case in which the Minister of Conservation or the Minister of Local Government is the territorial authority under section 22 of the Local Government Act 2002

trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to—

(a)

the supply or acquisition of goods or services; or

(b)

the acquisition of household units or any interest in land

unitary authority has the meaning given to it by section 5(1) of the Local Government Act 2002

verification method means a verification method issued under section 22(1)

working day means any day except—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and

(c)

a day in the period beginning on 20 December in any year and ending with the close of 10 January in the following year.

Compare: 1991 No 150 s 2

Section 7 abode or place of abode: inserted, on 1 January 2017, by section 5 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 7 acceptable solution: replaced, on 28 November 2013, by section 4(1) of the Building Amendment Act 2013 (2013 No 100).

Section 7 appurtenant structure: amended, on 28 November 2013, by section 4(2) of the Building Amendment Act 2013 (2013 No 100).

Section 7 building work paragraph (b): replaced, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

Section 7 building work paragraph (c): inserted, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

Section 7 building work paragraph (d): inserted, on 14 April 2005, by section 3(1) of the Building Amendment Act 2005 (2005 No 31).

Section 7 classifiable dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 compliance document: repealed, on 28 November 2013 (but any compliance document so defined and in force immediately before this date continues in force according to its terms as an acceptable solution or a verification method or both, as the case may be), by section 4(3)(a) of the Building Amendment Act 2013 (2013 No 100).

Section 7 consideration: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).

Section 7 constable: inserted, on 17 December 2019, by section 5 of the Building Amendment Act 2019 (2019 No 27).

Section 7 crest: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 dam paragraph (a)(iii): repealed, on 15 March 2008, by section 6(1) of the Building Amendment Act 2008 (2008 No 4).

Section 7 earthquake-prone building: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 earthquake rating: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 employee paragraph (a): amended, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

Section 7 enforcement officer: repealed, on 28 November 2013, by section 4(3)(b) of the Building Amendment Act 2013 (2013 No 100).

Section 7 engineering assessment: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 EPB exemption notice: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 EPB methodology: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 EPB notice: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 EPB register: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 estimated value: amended, on 15 March 2008, by section 6(2) of the Building Amendment Act 2008 (2008 No 4).

Section 7 gasfitting: amended, on 1 April 2010, by section 185 of the Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74).

Section 7 heritage building: replaced, on 17 December 2019, by section 5 of the Building Amendment Act 2019 (2019 No 27).

Section 7 heritage dam: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 high potential impact dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 high seismic risk: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 immediate pool area: inserted, on 1 January 2017, by section 5 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 7 independently qualified person: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 independently qualified pool inspector: inserted, on 1 January 2017, by section 5 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 7 large dam: replaced, on 28 November 2013, by section 4(7) of the Building Amendment Act 2013 (2013 No 100).

Section 7 local authority: inserted, on 17 December 2019, by section 5 of the Building Amendment Act 2019 (2019 No 27).

Section 7 low potential impact dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 low seismic risk: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 medium potential impact dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 medium seismic risk: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 minor customisation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

Section 7 minor variation: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

Section 7 national multiple-use approval: inserted, on 1 February 2010, by section 5 of the Building Amendment Act 2009 (2009 No 25).

Section 7 network utility operator paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

Section 7 outbuilding: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 owner paragraph (b)(ii): replaced, on 15 March 2008, by section 6(3) of the Building Amendment Act 2008 (2008 No 4).

Section 7 owner paragraph (b)(ii): amended, on 13 March 2012, by section 6(9) of the Building Amendment Act 2012 (2012 No 23).

Section 7 owner-builder: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 owner-builder exemption: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 owner-builder status: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 plans and specifications paragraph (c)(iii): amended, on 13 March 2012, by section 6(10) of the Building Amendment Act 2012 (2012 No 23).

Section 7 pool: inserted, on 1 January 2017, by section 5 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 7 pool operator: inserted, on 1 January 2017, by section 5 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 7 prescribed: inserted, on 13 March 2012, by section 6(4) of the Building Amendment Act 2012 (2012 No 23).

Section 7 prescribed fee: inserted, on 15 March 2008, by section 6(5) of the Building Amendment Act 2008 (2008 No 4).

Section 7 priority building: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 referable dam: inserted, on 28 November 2013, by section 4(6) of the Building Amendment Act 2013 (2013 No 100).

Section 7 residential pool: inserted, on 1 January 2017, by section 5 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 7 residential property developer: repealed, on 1 January 2015, by section 4(4) of the Building Amendment Act 2013 (2013 No 100).

Section 7 restricted building work: replaced, on 13 March 2012, by section 6(5) of the Building Amendment Act 2012 (2012 No 23).

Section 7 seismic work: inserted, on 1 July 2017, by section 6 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 7 small heated pool: inserted, on 1 January 2017, by section 5 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 7 specified system paragraph (a)(i): replaced, on 13 March 2012, by section 6(11) of the Building Amendment Act 2012 (2012 No 23).

Section 7 territorial authority: replaced, on 13 March 2012, by section 6(6) of the Building Amendment Act 2012 (2012 No 23).

Section 7 verification method: replaced, on 28 November 2013, by section 4(5) of the Building Amendment Act 2013 (2013 No 100).

Section 7 working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Meaning of building

8 Building: what it means and includes

(1)

In this Act, unless the context otherwise requires, building

(a)

means a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery, or chattels); and

(b)

includes—

(i)

a mechanical, electrical, or other system; and

(ii)

any means of restricting or preventing access to a residential pool; and

(iii)

a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or long-term basis; and

(iv)

a mast pole or a telecommunication aerial that is on, or forms part of, a building and that is more than 7 m in height above the point of its attachment or base support (except a dish aerial that is less than 2 m wide); and

(c)

includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and

(d)

includes the non-moving parts of a cable car attached to or servicing a building; and

(e)

after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.

(2)

Subsection (1)(b)(i) only applies if—

(a)

the mechanical, electrical, or other system is attached to the structure referred to in subsection (1)(a); and

(b)

the system—

(i)

is required by the building code; or

(ii)

if installed, is required to comply with the building code.

(3)

Subsection (1)(c) only applies in relation to—

(a)

subpart 2 of Part 2; and

(b)

a building consent; and

(c)

a code compliance certificate; and

(d)

a compliance schedule.

(4)

This section is subject to section 9.

Compare: 1991 No 150 s 3

Section 8(1)(b)(ii): replaced, on 1 January 2017, by section 6 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 8(1)(c): replaced, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).

Section 8(1)(d): inserted, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).

Section 8(1)(e): inserted, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).

9 Building: what it does not include

In this Act, building does not include—

(a)

a NUO system, or part of a NUO system, that—

(i)

is external to the building; and

(ii)

is connected to, or is intended to be connected to, the building to provide for the successful functioning of the NUO system in accordance with the system’s intended design and purpose; and

(iii)

is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or

(ab)

a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or

(ac)

security fences, oil interception and containment systems, wind turbines, gantries, and similar machinery and other structures (excluding dams) not intended to be occupied that are part of, or related to, a NUO system; or

(b)

cranes (including any cranes as defined in regulations made under the Health and Safety at Work Act 2015); or

(c)

any of the following, whether or not incorporated within another structure:

(i)

ski tows:

(ii)

other similar stand-alone machinery systems; or

(d)

any description of vessel, boat, ferry, or craft used in navigation—

(i)

whether or not it has a means of propulsion; and

(ii)

regardless of what that means of propulsion is; or

(e)

aircraft (including any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth); or

(f)

any offshore installation (as defined in section 222 of the Maritime Transport Act 1994) to be used for petroleum mining; or

(g)

containers as defined in regulations made under the Health and Safety at Work Act 2015; or

(h)

magazines as defined in regulations made under the Health and Safety at Work Act 2015; or

(i)

scaffolding used in the course of the construction process; or

(j)

falsework.

Compare: 1991 No 150 s 3

Section 9(ab): inserted, on 15 March 2008, by section 7 of the Building Amendment Act 2008 (2008 No 4).

Section 9(ac): inserted, on 13 March 2012, by section 8 of the Building Amendment Act 2012 (2012 No 23).

Section 9(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 9(g): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 9(h): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Meaning of allotment

10 Meaning of allotment

(1)

In this Act, unless the context otherwise requires, allotment means a parcel of land—

(a)

that is a continuous area of land; and

(b)

whose boundaries are shown on a survey plan, whether or not as a subdivision—

(i)

approved by way of a subdivision consent granted under the Resource Management Act 1991; or

(ii)

allowed or granted under any other Act; and

(c)

that is—

(i)

subject to the Land Transfer Act 2017 and comprised in 1 record of title or for which 1 record of title could be issued under that Act; or

(ii)

not subject to that Act and was acquired by its owner under 1 instrument of conveyance.

(2)

For the purposes of subsection (1), an allotment is taken—

(a)

to be a continuous area of land even if part of it is physically separated from any other part by a road or in any other manner, unless the division of the allotment into those parts has been allowed by a subdivision consent granted under the Resource Management Act 1991 or a subdivision approval under any former enactment relating to the subdivision of land:

(b)

to include the balance of any land from which any allotment is being or has been subdivided.

Compare: 1991 No 150 s 4

Section 10(1)(c)(i): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Subpart 3—Outline of regulatory roles under this Act

11 Role of chief executive

Under this Act, the chief executive—

(a)

issues acceptable solutions or verification methods and reviews those documents; and

(b)

warns against, or bans the use of, particular building methods or products; and

(ba)

determines applications for national multiple-use approvals; and

(c)

specifies the kinds of applications for a building consent that must be copied to Fire and Emergency New Zealand under section 46; and

(ca)

has the functions set out in section 168A in relation to the implementation, administration, and review of this Act; and

(d)

monitors and reports annually to the Minister in accordance with section 169; and

(da)

monitors, in accordance with section 169A, the application and effectiveness of subpart 6A of Part 2 (which relates to earthquake-prone buildings); and

(db)

approves the methodology for the preparation of post-event assessments under section 133BQ; and

(dc)

approves the form of notices, directions, signs, and post-event assessments for the purposes of subpart 6B of Part 2; and

(dd)

investigates building failures under sections 207C to 207S; and

(e)

publishes guidance information on the requirements of this Act and the building code; and

(f)

registers building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3; and

(fa)

accepts (and withdraws acceptance of) independently qualified pool inspectors for the purpose of section 162D; and

(g)

makes determinations under subpart 1 of Part 3; and

(h)

reviews the operation of territorial authorities, regional authorities, and building consent authorities in relation to their functions under this Act; and

(i)

grants and revokes accreditation of building consent authorities or appoints a building consent accreditation body to do so; and

(ia)

sets a methodology under section 133AV for identifying earthquake-prone buildings; and

(j)

grants and revokes accreditation of dam owners or appoints a dam owner accreditation body to do so; and

(k)

appoints a product certification accreditation body under section 261; and

(l)

disseminates information and provides educational programmes on matters relating to building control; and

(m)

takes enforcement action (including taking proceedings for offences under this Act) if the chief executive considers that it is desirable to do so—

(i)

to establish or clarify any matter of principle relating to building or the interpretation of this Act; or

(ii)

in cases where 1 or more territorial authorities are unwilling or unable to take enforcement action; or

(iii)

to enforce duties or obligations under Part 4A; or

(iv)

to enforce duties or obligations under section 162E (manufacturers and retailers must supply notice); and

(n)

establishes and maintains the registers referred to in section 273; and

(o)

appoints the Registrar under section 310; and

(p)

prepares proposed rules under section 354; and

(pa)

issues infringement notices under section 372 and under section 371B authorises persons to issue infringement notices; and

(pb)

may provide dispute resolution services under section 175A; and

(q)

carries out any other functions and duties specified in this Act; and

(r)

carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (q).

Compare: 1991 No 150 s 12(1)

Section 11(a): amended, on 28 November 2013, by section 75(1) of the Building Amendment Act 2013 (2013 No 100).

Section 11(ba): inserted, on 1 February 2010, by section 6 of the Building Amendment Act 2009 (2009 No 25).

Section 11(c): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 11(ca): inserted, on 13 March 2012, by section 9 of the Building Amendment Act 2012 (2012 No 23).

Section 11(da): inserted, on 1 July 2017, by section 7(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 11(db): inserted, on 17 December 2019, by section 6 of the Building Amendment Act 2019 (2019 No 27).

Section 11(dc): inserted, on 17 December 2019, by section 6 of the Building Amendment Act 2019 (2019 No 27).

Section 11(dd): inserted, on 17 December 2019, by section 6 of the Building Amendment Act 2019 (2019 No 27).

Section 11(f): amended, on 14 April 2005, by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).

Section 11(fa): inserted, on 1 January 2017, by section 7(1) of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 11(h): amended, on 14 April 2005, by section 3(4) of the Building Amendment Act 2005 (2005 No 31).

Section 11(ia): inserted, on 1 July 2017, by section 7(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 11(m)(ii): replaced, on 28 November 2013, by section 5(1) of the Building Amendment Act 2013 (2013 No 100).

Section 11(m)(iii): inserted, on 28 November 2013, by section 5(1) of the Building Amendment Act 2013 (2013 No 100).

Section 11(m)(iii): amended, on 1 January 2017, by section 7(2) of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 11(m)(iv): inserted, on 1 January 2017, by section 7(3) of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 11(pa): inserted, on 28 November 2013, by section 5(2) of the Building Amendment Act 2013 (2013 No 100).

Section 11(pb): inserted, on 1 January 2015, by section 5(3) of the Building Amendment Act 2013 (2013 No 100).

12 Role of building consent authority and territorial authority

(1)

Under this Act, a building consent authority—

(a)

issues building consents, but not if a building consent is required to be subject to a waiver or modification of the building code; and

(b)

inspects building work for which it has granted a building consent; and

(c)

issues notices to fix; and

(d)

issues code compliance certificates; and

(e)

issues compliance schedules.

(2)

Under this Act, a territorial authority—

(a)

performs the functions of a building consent authority set out in subsection (1)(a) (including the issue of building consents subject to a waiver or modification of the building code) if—

(i)

the territorial authority is also a building consent authority; and

(ii)

an owner applies to the territorial authority for a building consent; and

(b)

issues project information memoranda; and

(c)

grants exemptions under clause 2 of Schedule 1; and

(d)

grants waivers and modifications of the building code; and

(e)

issues certificates of acceptance; and

(f)

issues and amends compliance schedules; and

(g)

administers annual building warrants of fitness; and

(h)

enforces the provisions relating to annual building warrants of fitness; and

(i)

decides the extent to which buildings must comply with the building code when—

(i)

they are altered; or

(ii)

their use is changed; or

(iii)

their specified intended life changes; and

(j)

performs functions relating to dangerous, insanitary, or earthquake-prone buildings or buildings located in areas designated under subpart 6B of Part 2; and

(ja)

enforces duties or obligations under section 162C (residential pools must have means of restricting access); and

(k)

carries out any other functions and duties specified in this Act; and

(l)

carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (k).

Section 12(2)(c): amended, on 30 May 2017, by section 4 of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).

Section 12(2)(j): replaced, on 17 December 2019, by section 7 of the Building Amendment Act 2019 (2019 No 27).

Section 12(2)(ja): inserted, on 1 January 2017, by section 8 of the Building (Pools) Amendment Act 2016 (2016 No 71).

13 Role of regional authority

Under this Act, a regional authority—

(a)

performs the functions of a building consent authority set out in section 12 to the extent that those functions relate to dams (including the issue of building consents subject to a waiver or modification of the building code); and

(b)

considers and approves dam classifications; and

(c)

considers and approves dam safety assurance programmes; and

(d)

administers the provisions of this Act relating to—

(i)

dam classifications; and

(ii)

dam safety assurance programmes; and

(iii)

dam compliance certificates; and

(e)

enforces the provisions of the building code and this Act and regulations that relate to dams; and

(f)

adopts a policy on dangerous dams; and

(g)

carries out any other functions and duties specified in this Act; and

(h)

carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (g).

14 Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams

(1)

The regional authority is responsible for performing functions under this Act relating to a building that is a dam.

(2)

If a building includes a dam,—

(a)

the regional authority is responsible for performing functions under this Act relating to the dam; and

(b)

the building consent authority and territorial authority are responsible for performing functions under this Act relating to the parts of the building that are not a dam.

(3)

For the purposes of subsection (1),—

(a)

sections 31 to 39 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority; and

(b)

sections 40 to 116 (except section 114(2)(c)), 216 to 218, 220 to 228, 232, 276 to 281, 363A, 371A to 371C, and 374 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority were a reference to a regional authority.

(4)

For the purposes of subsection (2), sections 31 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority.

(5)

The building consent authority and territorial authority must do everything reasonably practicable to liaise with the regional authority in performing functions or duties, or exercising powers, in relation to a building that includes a dam.

Section 14: replaced, on 14 April 2005, by section 5 of the Building Amendment Act 2005 (2005 No 31).

Section 14(3)(b): amended, on 15 March 2008, by section 8(1) of the Building Amendment Act 2008 (2008 No 4).

Section 14(4): amended, on 15 March 2008, by section 8(2) of the Building Amendment Act 2008 (2008 No 4).

Subpart 4—Outline of responsibilities under this Act

Subpart 4: inserted, on 13 March 2012, by section 10 of the Building Amendment Act 2012 (2012 No 23).

14A Outline of responsibilities under this Act

Sections 14B to 14G

(a)

are not a definitive and exhaustive statement of the responsibilities of the parties but are an outline only:

(b)

are for guidance only, and in the event of any conflict between any of those sections and any other provision of this Act, the latter prevails:

(c)

do not reflect the responsibilities of the parties under any other law or enactment or any contract that may be entered into between them and are not intended to add to the existing responsibilities of the parties.

Section 14A: inserted, on 13 March 2012, by section 10 of the Building Amendment Act 2012 (2012 No 23).

Section 14A: amended, on 28 November 2013, by section 6(1) of the Building Amendment Act 2013 (2013 No 100).

Section 14A(c): amended, on 28 November 2013, by section 6(2) of the Building Amendment Act 2013 (2013 No 100).

14B Responsibilities of owner

An owner is responsible for—

(a)

obtaining any necessary consents, approvals, and certificates:

(b)

ensuring that building work carried out by the owner complies with the building consent or, if there is no building consent, with the building code:

(c)

ensuring compliance with any notices to fix.

Section 14B: inserted, on 13 March 2012, by section 10 of the Building Amendment Act 2012 (2012 No 23).

14C Responsibilities of owner-builder

An owner-builder is responsible for ensuring that restricted building work carried out under the owner-builder exemption complies with the building consent and the plans and specifications to which the building consent relates.

Section 14C: inserted, on 13 March 2012, by section 10 of the Building Amendment Act 2012 (2012 No 23).

14D Responsibilities of designer

(1)

In subsection (2), designer means a person who prepares plans and specifications for building work or who gives advice on the compliance of building work with the building code.

(2)

A designer is responsible for ensuring that the plans and specifications or the advice in question are sufficient to result in the building work complying with the building code, if the building work were properly completed in accordance with those plans and specifications or that advice.

Section 14D: inserted, on 13 March 2012, by section 10 of the Building Amendment Act 2012 (2012 No 23).

14E Responsibilities of builder

(1)

In subsection (2), builder means any person who carries out building work, whether in trade or not.

(2)

A builder is responsible for—

(a)

ensuring that the building work complies with the building consent and the plans and specifications to which the building consent relates:

(b)

ensuring that building work not covered by a building consent complies with the building code.

(3)

A licensed building practitioner who carries out or supervises restricted building work is responsible for—

(a)

ensuring that the restricted building work is carried out or supervised in accordance with the requirements of this Act; and

(b)

ensuring that he or she is licensed in a class for carrying out or supervising that restricted building work.

Section 14E: inserted, on 13 March 2012, by section 10 of the Building Amendment Act 2012 (2012 No 23).

14F Responsibilities of building consent authority

A building consent authority is responsible for—

(a)

checking, in accordance with the requirements of this Act for each type of building consent, to ensure that—

(i)

an application for a building consent complies with the building code:

(ii)

building work has been carried out in accordance with the building consent for that work:

(b)

issuing building consents and certificates in accordance with the requirements of this Act.

Section 14F: inserted, on 13 March 2012, by section 10 of the Building Amendment Act 2012 (2012 No 23).

14G Responsibilities of product manufacturer or supplier

(1)

In subsection (2), product manufacturer or supplier means a person who manufactures or supplies a building product and who states that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code.

(2)

A product manufacturer or supplier is responsible for ensuring that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code.

Section 14G: inserted, on 28 November 2013, by section 7 of the Building Amendment Act 2013 (2013 No 100).

Part 2 Building

Subpart 1—Preliminary

15 Outline of this Part

(1)

In general terms, this Part provides—

(a)

that all building work must comply with the building code to the extent required by this Act:

(b)

how compliance with the building code is to be established:

(ba)

the effect of a national multiple-use approval and how to apply for one:

(c)

when a project information memorandum is required and how to apply for one:

(d)

when a building consent is required and how to apply for one:

(e)

that an applicant for a building consent is liable to pay a levy to the chief executive if the application is granted:

(f)

that restricted building work must be carried out or supervised by 1 or more licensed building practitioners:

(g)

for a building consent authority to issue a notice requiring building work to be fixed so as to comply with this Act and the building consent:

(h)

that a building consent authority may inspect building work for which it has granted a consent:

(i)

that all building work under a building consent must have a code compliance certificate issued by the building consent authority that issued the building consent or another building consent authority that agrees to assume responsibility for the building work:

(j)

that a compliance schedule and annual building warrant of fitness is required for buildings with specified systems:

(k)

that when a building undergoes alterations it may have to be upgraded to comply with the building code:

(l)

for requirements that must be met when the use or intended life of a building changes:

(m)

for access and facilities for persons with disabilities to and within buildings:

(n)

for territorial authorities to perform functions relating to dangerous, earthquake-prone, or insanitary buildings:

(na)

for territorial authorities and for persons performing functions under the Civil Defence Emergency Management Act 2002 to perform functions relating to managing buildings located in areas designated under subpart 6B:

(o)

for regional authorities to perform functions relating to dams.

(2)

This section is intended only as a guide to the general scheme and effect of this Part.

Section 15(1)(ba): inserted, on 1 February 2010, by section 7(1) of the Building Amendment Act 2009 (2009 No 25).

Section 15(1)(c): replaced, on 1 February 2010, by section 7(2) of the Building Amendment Act 2009 (2009 No 25).

Section 15(1)(na): inserted, on 17 December 2019, by section 8 of the Building Amendment Act 2019 (2019 No 27).

Subpart 2—Building code

Requirement to comply with building code

16 Building code: purpose

The building code prescribes functional requirements for buildings and the performance criteria with which buildings must comply in their intended use.

17 All building work must comply with building code

All building work must comply with the building code to the extent required by this Act, whether or not a building consent is required in respect of that building work.

Compare: 1991 No 150 s 7(1)

18 Building work not required to achieve performance criteria additional to or more restrictive than building code

(1)

A person who carries out any building work is not required by this Act to—

(a)

achieve performance criteria that are additional to, or more restrictive than, the performance criteria prescribed in the building code in relation to that building work; or

(b)

take any action in respect of that building work if it complies with the building code.

(2)

Subsection (1) is subject to any express provision to the contrary in any Act.

Compare: 1991 No 150 s 7(2)

Establishing compliance with building code

19 How compliance with building code is established

(1)

A building consent authority must accept any or all of the following as establishing compliance with the building code:

(a)

compliance with regulations referred to in section 20:

(b)

compliance with an acceptable solution:

(ba)

compliance with a verification method:

(c)

a determination to that effect made by the chief executive under subpart 1 of Part 3:

(ca)

a current national multiple-use approval issued under section 30F, if every relevant condition in that national multiple-use approval is met:

(d)

a current product certificate issued under section 269, if every relevant condition in that product certificate is met:

(e)

to the extent that compliance with a requirement imposed by regulations made under the Electricity Act 1992 or the Gas Act 1992 is compliance with any particular provisions of the building code, a certificate issued under any of those regulations to the effect that any energy work complies with those requirements.

(2)

In considering whether something complies with the building code, a building consent authority or, as the case may be, a regional authority—

(a)

must have regard to any relevant warning issued, and ban declared, under section 26(2); and

(b)

may have regard to any guidance information published by the chief executive under section 175.

Compare: 1991 No 150 s 50

Section 19(1): amended, on 14 April 2005, by section 16(2)(b) of the Building Amendment Act 2005 (2005 No 31).

Section 19(1)(b): replaced, on 28 November 2013, by section 8 of the Building Amendment Act 2013 (2013 No 100).

Section 19(1)(ba): inserted, on 28 November 2013, by section 8 of the Building Amendment Act 2013 (2013 No 100).

Section 19(1)(ca): inserted, on 1 February 2010, by section 8(1) of the Building Amendment Act 2009 (2009 No 25).

Section 19(1)(d): amended, on 1 February 2010, by section 8(2) of the Building Amendment Act 2009 (2009 No 25).

Regulations may specify only 1 means of complying with building code

20 Regulations may specify that there is only 1 means of complying with building code

(1)

Regulations may be made under section 401 that specify that there is only 1 means of complying with all or any of the provisions of the building code.

(2)

Without limiting subsection (1), the regulations may specify the means of compliance with the building code by requiring the use in the prescribed circumstances (if any) of all or any of the following:

(a)

prescribed acceptable solutions:

(b)

prescribed verification methods:

(c)

building methods, methods of construction, building design, or building materials (building methods or products) that have a current product certificate issued under section 269.

21 What happens if regulations specifying that there is only 1 means of complying with building code are made or not made

(1)

If regulations referred to in section 20 are made, a person who carries out any building work must, in order to comply with the building code, comply with those regulations to the extent that they are relevant to the building work.

(2)

If the regulations are not made, a person may comply with the building code by any means, including by complying with an acceptable solution or a verification method.

Section 21(2): amended, on 28 November 2013, by section 9 of the Building Amendment Act 2013 (2013 No 100).

Acceptable solution or verification method

Heading: replaced, on 28 November 2013, by section 10 of the Building Amendment Act 2013 (2013 No 100).

22 Acceptable solution or verification method for use in establishing compliance with building code

(1)

The chief executive may, by notice in the Gazette, issue an acceptable solution or a verification method for use in establishing compliance with the building code.

(2)

A person who complies with an acceptable solution or a verification method must, for the purposes of this Act, be treated as having complied with the provisions of the building code to which that acceptable solution or verification method relates.

(3)

Subsection (2) is subject to any regulations referred to in section 20.

Section 22: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).

23 Effect of acceptable solution or verification method

A person may comply with an acceptable solution or a verification method in order to comply with the provisions of the building code to which that acceptable solution or verification method relates, but doing so is not the only means of complying with those provisions.

Section 23: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).

24 Chief executive may amend or revoke acceptable solution or verification method

(1)

The chief executive may, by notice in the Gazette, amend or revoke an acceptable solution or a verification method at any time.

(2)

An amendment or a revocation under subsection (1) does not have retrospective effect.

Section 24: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).

25 Content of acceptable solution or verification method

(1)

An acceptable solution or a verification method must state—

(a)

the date on which it comes into force; and

(b)

whether the acceptable solution or verification method, or parts of it, applies to building work for which a building consent has been issued before the date on which the acceptable solution or verification method comes into force.

(2)

An acceptable solution or a verification method must not contain a provision that—

(a)

relates to contractual or commercial requirements; or

(b)

relates to regulatory approvals, dispensations, or waivers; or

(c)

is inconsistent with this Act or the regulations.

(3)

Material may be incorporated by reference in an acceptable solution or a verification method in accordance with sections 405 to 413.

Section 25: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).

25A Acceptable solutions and verification methods to be available on Ministry’s Internet site

The chief executive must ensure that—

(a)

promptly after a new acceptable solution or verification method is issued, a digital copy is publicly available on the Ministry’s Internet site:

(b)

even after an acceptable solution or a verification method has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the Ministry’s Internet site:

(c)

promptly after an acceptable solution or a verification method is amended, there are publicly available on the Ministry’s Internet site—

(i)

a digital copy of the amendment; and

(ii)

a digital copy of the acceptable solution or verification method in its up-to-date form.

Section 25A: replaced, on 28 November 2013, by section 11 of the Building Amendment Act 2013 (2013 No 100).

Warnings and bans

26 Chief executive may issue warning about, or ban use of, building methods or products

(1)

This section applies if the chief executive considers on reasonable grounds that the use of a building method or product has resulted, or is likely to result, in a building or building work failing to comply with the building code.

(2)

The chief executive may—

(a)

issue a warning about the building method or product; or

(b)

declare a ban on the building method or product.

(3)

The chief executive must publicly notify—

(a)

the warning or ban; and

(b)

the date on which the warning or ban comes into force; and

(c)

in the case of a ban, whether the ban applies to building work for which a building consent has been issued before the date on which the ban comes into force; and

(d)

whether the procedure in section 29 has been followed in relation to the warning or ban.

(4)

The chief executive—

(a)

may, at any time, amend or revoke the warning or ban; and

(b)

must publicly notify—

(i)

the amendment or revocation; and

(ii)

the date on which the amendment or revocation comes into force.

27 Offence to use building method or product in breach of ban under section 26

(1)

A person must not use a building method or product if doing so breaches a ban under section 26.

(2)

A person commits an offence if the person fails to comply with subsection (1).

(3)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $200,000.

Section 27(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

28 Limits on certain powers of building consent authority in cases involving bans under section 26

(1)

A building consent authority must not exercise any of the powers specified in subsection (2) if doing so results, or could result, in a person breaching a ban under section 26.

(2)

The powers are—

(a)

to grant a building consent for building work; or

(b)

to issue a code compliance certificate for building work.

(3)

However, subsection (2)(b) does not apply if the building consent to which the code compliance certificate relates was granted before the ban under section 26 came into force.

Procedural requirements for acceptable solutions, verification methods, warnings, and bans

Heading: replaced, on 28 November 2013, by section 12 of the Building Amendment Act 2013 (2013 No 100).

29 Procedural requirements for acceptable solutions, verification methods, warnings, and bans

(1)

This section applies if the chief executive proposes to—

(a)

issue an acceptable solution or a verification method; or

(b)

amend or revoke an acceptable solution or a verification method; or

(c)

issue a warning or declare a ban; or

(d)

amend or revoke a warning or ban.

(2)

Before doing any of the things referred to in subsection (1), the chief executive must—

(a)

seek to identify all reasonably practicable options for achieving the objective of the acceptable solution, verification method, warning, or ban; and

(b)

assess those options by considering—

(i)

the benefits and costs of each option; and

(ii)

the extent to which the objective would be promoted or achieved by each option; and

(iii)

any other matters that, in the chief executive’s opinion, are relevant; and

(c)

publicly notify a statement of proposal; and

(d)

give persons an opportunity to make submissions on the statement of proposal; and

(e)

consider those submissions.

(3)

For the purposes of subsection (2)(c), the chief executive must notify—

(a)

where copies of the statement of proposal may be obtained; and

(b)

that submissions on the statement of proposal may be made to the chief executive by a specified date (which date must not be less than 10 working days after the date of the public notification).

(4)

The statement of proposal must contain—

(a)

a detailed statement of the proposal (which may be a copy of the proposed acceptable solution, verification method, warning, or ban); and

(b)

a statement of the reasons for the proposal; and

(c)

an analysis of the reasonably practicable options, including the proposal, identified under subsection (2); and

(d)

a detailed statement of the proposed transitional changes (if any) for the acceptable solution, verification method, warning, or ban; and

(e)

the date on which the acceptable solution, verification method, warning, or ban is proposed to come into force; and

(f)

a statement as to whether the acceptable solution, verification method, warning, or ban will apply to building work for which a building consent has been issued before the date on which the acceptable solution, verification method, warning, or ban comes into force; and

(g)

any other information that the chief executive considers relevant.

(5)

The chief executive is not required to comply with subsection (2) if the chief executive is satisfied that—

(a)

the acceptable solution, verification method, or warning needs to be issued, or the ban needs to be declared, urgently; or

(b)

the acceptable solution, verification method, warning, or ban needs to be amended urgently; or

(c)

the acceptable solution, verification method, warning, or ban needs to be revoked urgently; or

(d)

the effect of the acceptable solution, verification method, warning, or ban is minor and will not adversely affect the substantial interests of any person.

Compare: 1991 No 150 s 49(9)

Section 29 heading: amended, on 28 November 2013, by section 13(1) of the Building Amendment Act 2013 (2013 No 100).

Section 29(1)(a): amended, on 28 November 2013, by section 13(2) of the Building Amendment Act 2013 (2013 No 100).

Section 29(1)(b): amended, on 28 November 2013, by section 13(3) of the Building Amendment Act 2013 (2013 No 100).

Section 29(2)(a): amended, on 28 November 2013, by section 13(4) of the Building Amendment Act 2013 (2013 No 100).

Section 29(4)(a): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).

Section 29(4)(d): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).

Section 29(4)(e): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).

Section 29(4)(f): amended, on 28 November 2013, by section 13(5) of the Building Amendment Act 2013 (2013 No 100).

Section 29(5)(a): amended, on 28 November 2013, by section 13(6) of the Building Amendment Act 2013 (2013 No 100).

Section 29(5)(b): amended, on 28 November 2013, by section 13(7) of the Building Amendment Act 2013 (2013 No 100).

Section 29(5)(c): amended, on 28 November 2013, by section 13(7) of the Building Amendment Act 2013 (2013 No 100).

Section 29(5)(d): amended, on 28 November 2013, by section 13(7) of the Building Amendment Act 2013 (2013 No 100).

30 Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans

(1)

If section 29(5) applies, the chief executive must—

(a)

consult on the acceptable solution, verification method, warning, or ban (as the case may be) in accordance with section 29(2) to (4); and

(b)

after that consultation, publicly notify whether he or she has decided to amend, replace, or revoke the acceptable solution, verification method, warning, or ban.

(2)

The chief executive must comply with subsection (1) within 6 months of issuing, amending, replacing, or revoking the acceptable solution, verification method, warning, or ban concerned.

(3)

In the public notification, the chief executive must—

(a)

explain the reasons for his or her decision; or

(b)

state where copies of that explanation may be obtained.

Section 30 heading: amended, on 28 November 2013, by section 14(1) of the Building Amendment Act 2013 (2013 No 100).

Section 30(1)(a): amended, on 28 November 2013, by section 14(2) of the Building Amendment Act 2013 (2013 No 100).

Section 30(1)(b): amended, on 28 November 2013, by section 14(2) of the Building Amendment Act 2013 (2013 No 100).

Section 30(2): amended, on 28 November 2013, by section 14(2) of the Building Amendment Act 2013 (2013 No 100).

National multiple-use approvals

Heading: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

30A National multiple-use approval establishes compliance with building code

(1)

A national multiple-use approval establishes that the plans and specifications to which it relates comply with the building code.

(2)

To avoid doubt, a national multiple-use approval does not confer the right to carry out building work that requires a building consent.

Section 30A: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

30B How to apply for national multiple-use approval

(1)

An application for a national multiple-use approval must—

(a)

be made in writing; and

(b)

be given, in the prescribed form and manner (if any), to the chief executive; and

(c)

contain the prescribed information (if any); and

(d)

be accompanied by plans and specifications that are—

(i)

required by regulations made under section 402; or

(ii)

if the regulations do not so require, required by the chief executive; and

(e)

if the application relates to building work for which a compliance schedule is required, be accompanied by a list of all specified systems for the building; and

(f)

contain or be accompanied by any other information that the chief executive reasonably requires.

(2)

An application for an amendment to a national multiple-use approval must be made as if it were an application for a national multiple-use approval, and sections 30A to 30H apply with any necessary modifications.

Section 30B: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

30C Applications for national multiple-use approval relating to design work that is restricted building work

(1)

This section applies if an application for a national multiple-use approval is accompanied by plans and specifications that contain design work (relating to building work) that is restricted building work.

(2)

The design work referred to in subsection (1) must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.

(3)

The plans and specifications that contain the design work referred to in subsection (1) must be accompanied by a certificate of work

(a)

provided by 1 or more licensed building practitioners who carried out or supervised that design work; and

(b)

that identifies that design work; and

(c)

that states—

(i)

that the design work complies with the building code; or

(ii)

whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.

Section 30C: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

Section 30C(1): replaced, on 28 November 2013, by section 15 of the Building Amendment Act 2013 (2013 No 100).

Section 30C(3): amended, on 13 March 2012, by section 13 of the Building Amendment Act 2012 (2012 No 23).

30D Chief executive must decide whether to accept, for processing, application for national multiple-use approval

(1)

The chief executive must, as soon as practicable after receiving an application for a national multiple-use approval,—

(a)

decide whether to accept that application for processing; and

(b)

give written notice of his or her decision to the applicant; and

(c)

if the chief executive decides to refuse to accept the application for processing, state the reasons for the refusal in the notice given under paragraph (b).

(2)

The chief executive may require further reasonable information in respect of the application.

(3)

The chief executive may refuse to accept for processing an application for a national multiple-use approval only if the chief executive is satisfied, on reasonable grounds, that the application—

(a)

does not meet the requirements of this Act; or

(b)

includes a building method or product in relation to which the chief executive has publicly notified a ban under section 26; or

(c)

does not meet the prescribed eligibility criteria (if any) for a national multiple-use approval.

Section 30D: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

30E Processing application for national multiple-use approval

(1)

The chief executive must, after accepting for processing an application for a national multiple-use approval, decide whether to—

(a)

issue the national multiple-use approval; or

(b)

refuse to issue the national multiple-use approval.

(2)

If regulations made under section 402(1)(kb) are in force, the chief executive must make the decision referred to in subsection (1) within the period of time prescribed in those regulations.

(3)

The chief executive may require further reasonable information in respect of an application for a national multiple-use approval before making the decision referred to in subsection (1), and any prescribed period of time within which that decision must be made is suspended until the chief executive receives that information.

Section 30E: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

30F Issue of national multiple-use approval

(1)

The chief executive must issue a national multiple-use approval if he or she is satisfied, on reasonable grounds, that—

(a)

the application meets the requirements of section 30B; and

(b)

the applicant has paid the prescribed fee (if any); and

(c)

the application meets the prescribed eligibility criteria for a national multiple-use approval (if any); and

(d)

the application does not involve the use of a building method or product in relation to which the chief executive has publicly notified a ban under section 26; and

(e)

if building work were properly completed in accordance with the plans and specifications that accompanied the application, that building work would comply with the building code.

(2)

A national multiple-use approval may be issued subject to—

(a)

a waiver or modification of the building code; and

(b)

1 or more conditions, including, but not limited to, conditions that the approval applies only—

(i)

in specified regions; or

(ii)

in specified climates or conditions; or

(iii)

to specified aspects of the building work; or

(iv)

if the building work complies with specified requirements.

Section 30F: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

30G Refusal to issue national multiple-use approval

If the chief executive is not satisfied of the matters in section 30F, the chief executive must refuse to issue a national multiple-use approval and must give the applicant written notice of—

(a)

the refusal; and

(b)

the reasons for the refusal.

Section 30G: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

30H Suspension or revocation of national multiple-use approval

(1)

The chief executive may, at any time, suspend or revoke a national multiple-use approval, if the chief executive is satisfied that—

(a)

the approval was obtained by fraud, misrepresentation, or the concealment of facts; or

(b)

the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or

(c)

building work properly completed in accordance with the approval will no longer comply with the building code because of an amendment to the code.

(2)

Before revoking or suspending a national multiple-use approval the chief executive must give the holder of the approval a reasonable opportunity to be heard.

(3)

When suspending a national multiple-use approval, the chief executive must—

(a)

give the holder of the approval a reasonable period to rectify the matter that led to the suspension of the national multiple-use approval; and

(b)

lift the suspension if the chief executive is satisfied that the holder of the approval has rectified the matter within that period.

(4)

Despite subsections (1) and (3), the chief executive must not suspend or revoke a national multiple-use approval if—

(a)

amendments are made to—

(i)

the prescribed eligibility criteria for a national multiple-use approval; or

(ii)

the building code; and

(b)

the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code, solely as a result of those amendments.

(5)

The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments referred to in that subsection come into force.

(6)

The chief executive must record the suspension or revocation of a national multiple-use approval in the register of national multiple-use approvals.

Section 30H: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).

Subpart 3—Building work—Project information memoranda and building consents

Project information memoranda

31 Building consent authority must apply for project information memorandum

(1)

A building consent authority must,—

(a)

on receiving an application for a building consent, apply for a project information memorandum to the territorial authority for the district in which the proposed building work is to be situated; and

(b)

on receiving the project information memorandum from the territorial authority, provide a copy of the memorandum to the owner.

(2)

Subsection (1) does not apply if—

(a)

the building consent authority is the territorial authority for the district in which the proposed building work is to be situated; or

(b)

a project information memorandum has been issued before the application for a building consent is made.

Section 31(2)(a): amended, on 1 February 2010, by section 10 of the Building Amendment Act 2009 (2009 No 25).

32 Owner may apply for project information memorandum

An owner may apply to a territorial authority for a project information memorandum for building work if—

(a)

the owner is considering carrying out building work; and

(b)

a building consent is required for that work.

Compare: 1991 No 150 s 30(1)

33 Content of application

(1)

An application for a project information memorandum must be in the prescribed form and be accompanied by—

(a)

any fees and charges imposed by the territorial authority under section 219; and

(b)

any information that the territorial authority reasonably requires in relation to authorisations or requirements (if any) that—

(i)

the territorial authority is authorised to refuse or impose under any Act (except this Act); and

(ii)

are likely to be relevant to the design and construction of the proposed building; and

(c)

any other information that the territorial authority (acting as agent for a network utility operator by prior agreement with that network utility operator) requires in respect of proposed connections to public utilities from the proposed building work.

(2)

The territorial authority may not make a requirement under subsection (1)(b) if more than 10 working days have elapsed since the date on which the territorial authority received the application.

(3)

For the purposes of subsection (1)(b), the authorisations and requirements referred to in that subsection include, without limitation, authorisations and requirements in respect of—

(a)

the intended use of the proposed building; and

(b)

the location and external dimensions of the proposed building; and

(c)

provisions to be made—

(i)

for access for vehicles; and

(ii)

in building over or adjacent to any road or public place; and

(iii)

for disposing of stormwater and wastewater; and

(d)

precautions to be taken if building work is carried out over any existing drains or sewers or in close proximity to wells or water mains.

Compare: 1991 No 150 s 30(3)

Section 33(1)(a): replaced, on 13 March 2012, by section 14 of the Building Amendment Act 2012 (2012 No 23).

34 Issue of project information memorandum

(1)

A territorial authority must issue a project information memorandum within 20 working days after receiving an application under section 31(1)(a) or section 32.

(2)

However, if the territorial authority requires any information under section 33(1)(b) or (c), the period specified in subsection (1) is suspended until it receives the information.

(3)

The territorial authority must issue the project information memorandum within 10 working days after receiving that information.

(4)

A territorial authority may, within the period specified in subsection (1) or, if applicable, in subsection (3), reissue a project information memorandum if the territorial authority—

(a)

considers, on reasonable grounds, that the project information memorandum contains an error or omission; or

(b)

receives information that affects the project information memorandum.

Compare: 1991 No 150 s 31(1)

35 Content of project information memorandum

(1AA)

A project information memorandum must be issued in the prescribed form (if any).

(1)

A project information memorandum must include—

(a)

information likely to be relevant to the proposed building work that identifies—

(i)

the heritage status of the building (if any); and

(ii)

each special feature of the land concerned (if any); and

(b)

information likely to be relevant to the proposed building work that, in terms of any other Act, has been notified to the territorial authority by a statutory authority; and

(c)

details of any existing stormwater or wastewater utility systems that—

(i)

relate to the proposed building work; or

(ii)

are on, or adjacent to, the site of the proposed building work; and

(d)

details of any authorisation in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator (if the territorial authority is acting as agent for a network utility operator by prior agreement with the network utility operator), is authorised to refuse or require under any Act, except this Act, and, in respect of each authorisation,—

(i)

a statement of the requirements to be met in order for the authorisation to be granted or imposed; and

(ii)

the conditions to which an authorisation will be subject; and

(e)

if the territorial authority considers that the owner of the building or proposed building to which the project information memorandum relates is likely to be required, under section 76 of the Fire and Emergency New Zealand Act 2017, to make provision for a scheme that provides for evacuation from the scene of a fire, a statement to that effect; and

(f)

if the territorial authority considers that notification to Heritage New Zealand Pouhere Taonga is likely to be required under section 39, a statement to that effect; and

(g)

either—

(i)

confirmation, subject to this Act, that building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained; or

(ii)

notification that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent; and

(h)

if section 75 applies, the statement referred to in section 75(2); and

(i)

if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—

(i)

section 118 (relating to access and facilities for persons with disabilities to and within buildings); and

(ii)

the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.

(2)

In this section,—

land concerned

(a)

means the land on which the proposed building work is to be carried out; and

(b)

includes any other land likely to affect or be affected by the building work

special feature of the land concerned includes, without limitation, potential natural hazards, or the likely presence of hazardous contaminants, that—

(a)

is likely to be relevant to the design and construction or alteration of the building or proposed building; and

(b)

is known to the territorial authority; and

(c)

is not apparent from the district plan under the Resource Management Act 1991.

Compare: 1991 No 150 s 31(2)–(4)

Section 35(1AA): inserted, on 1 February 2010, by section 11 of the Building Amendment Act 2009 (2009 No 25).

Section 35(1)(e): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 35(1)(f): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 35(1)(h): amended, on 15 March 2008, by section 10 of the Building Amendment Act 2008 (2008 No 4).

Section 35(1)(i): inserted, on 15 March 2008, by section 10 of the Building Amendment Act 2008 (2008 No 4).

36 Territorial authority may issue development contribution notice

(1)

This section applies if a territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner.

(2)

The territorial authority must issue a notice, in the prescribed form, to the effect that a code compliance certificate for the building work will not be issued unless the development contribution is paid (development contribution notice).

(3)

The development contribution notice must be—

(a)

attached to the project information memorandum; or

(b)

if no project information memorandum has been applied for, provided to the building consent authority.

Section 36: replaced, on 1 February 2010, by section 12 of the Building Amendment Act 2009 (2009 No 25).

37 Territorial authority must issue certificate if resource consent required

(1)

This section applies if a territorial authority considers that—

(a)

a resource consent under the Resource Management Act 1991 has not yet been obtained; and

(b)

the resource consent will or may materially affect building work to which a project information memorandum or an application for a building consent relates.

(2)

The territorial authority must issue a certificate, in the prescribed form, to the effect that until the resource consent has been obtained—

(a)

no building work may proceed; or

(b)

building work may only proceed to the extent stated in the certificate.

(3)

The certificate must be—

(a)

attached to the project information memorandum; or

(b)

if no project information memorandum has been applied for, provided to the building consent authority.

Compare: 1991 No 150 s 35(1A)

Section 37 heading: replaced, on 1 February 2010, by section 13(1) of the Building Amendment Act 2009 (2009 No 25).

Section 37(1)(b): amended, on 1 February 2010, by section 13(2) of the Building Amendment Act 2009 (2009 No 25).

Section 37(2): amended, on 1 February 2010, by section 13(3) of the Building Amendment Act 2009 (2009 No 25).

Section 37(3): inserted, on 1 February 2010, by section 13(4) of the Building Amendment Act 2009 (2009 No 25).

38 Territorial authority must give copy of project information memorandum in certain circumstances

If a project information memorandum contains information previously supplied to a territorial authority by a network utility operator or a statutory authority, the territorial authority must give a copy of the project information memorandum to that operator or that authority.

Compare: 1991 No 150 s 31(5)

39 Territorial authority must advise Heritage New Zealand Pouhere Taonga in certain circumstances

(1)

This section applies if—

(a)

an application for a project information memorandum, or for a building consent, affects a historic place, historic area, wāhi tapu, or wāhi tapu area that has been entered on the New Zealand Heritage List/Rārangi Kōrero; and

(b)

the territorial authority has not previously advised Heritage New Zealand Pouhere Taonga about the building work to which that application relates.

(2)

The territorial authority must advise Heritage New Zealand Pouhere Taonga within 5 days after receiving the application.

Compare: 1991 No 150 s 30(4)

Section 39: replaced, on 1 February 2010, by section 14 of the Building Amendment Act 2009 (2009 No 25).

Section 39 heading: amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 39(1)(a): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 39(1)(b): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 39(2): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Building consents

40 Buildings not to be constructed, altered, demolished, or removed without consent

(1)

A person must not carry out any building work except in accordance with a building consent.

(2)

A person commits an offence if the person fails to comply with this section.

(3)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.

Compare: 1991 No 150 s 32(1)

Section 40(3): amended, on 28 November 2013, by section 16 of the Building Amendment Act 2013 (2013 No 100).

Section 40(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

41 Building consent not required in certain cases

(1)

Despite section 40, a building consent is not required in relation to—

(a)

a Crown building or Crown building work to which, under section 6, this Act does not apply; or

(b)

any building work described in Schedule 1 for which a building consent is not required (see section 42A); or

(c)

any building work in respect of which a building consent cannot practicably be obtained in advance because the building work has to be carried out urgently—

(i)

for the purpose of saving or protecting life or health or preventing serious damage to property; or

(ii)

in order to ensure that a specified system in a building that is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building, is maintained in a safe condition or is made safe; or

(ca)

any building work that is carried out under section 133BS (which relates to buildings located in areas designated under subpart 6B); or

(cb)

any building work that is carried out under section 133BV or 133BW (which relate to buildings located in areas designated under subpart 6B); or

(cc)

any building work that is carried out under the powers of investigation in sections 207G to 207M (which relate to building failures); or

(d)

any energy work that, under section 43, does not require a building consent; or

(e)

any building work that a territorial authority is authorised to carry out under this Act.

(2)

The Governor-General may, by Order in Council, amend Schedule 1 by—

(a)

adding any building work or class of building work to Schedule 1 as being building work for which a building consent is not required:

(b)

extending or clarifying the scope of any building work or class of building work listed in Schedule 1 as building work for which a building consent is not required:

(c)

restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1.

Compare: 1991 No 150 s 32(2), (3)

Section 41(1)(b): replaced, on 28 November 2013, by section 17(1) of the Building Amendment Act 2013 (2013 No 100).

Section 41(1)(ca): inserted, on 17 December 2019, by section 9 of the Building Amendment Act 2019 (2019 No 27).

Section 41(1)(cb): inserted, on 17 December 2019, by section 9 of the Building Amendment Act 2019 (2019 No 27).

Section 41(1)(cc): inserted, on 17 December 2019, by section 9 of the Building Amendment Act 2019 (2019 No 27).

Section 41(2): replaced, on 28 November 2013, by section 17(2) of the Building Amendment Act 2013 (2013 No 100).

42 Owner must apply for certificate of acceptance if building work carried out urgently

(1)

If, in reliance on section 41(1)(c) or (cb), building work is carried out without a building consent having been obtained in respect of that work, the owner must, as soon as practicable after completion of the building work, apply for a certificate of acceptance under section 96.

(2)

A person commits an offence if the person fails to apply for a certificate of acceptance in accordance with subsection (1).

(3)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.

Section 42(1): amended, on 17 December 2019, by section 10 of the Building Amendment Act 2019 (2019 No 27).

Section 42(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

42A Building work for which building consent is not required under Schedule 1

(1)

Despite section 40, subject to the conditions set out in subsection (2) and whether or not a building consent would otherwise have been required, a building consent is not required for building work in the following categories:

(a)

building work described in Part 1 of Schedule 1; or

(b)

building work described in Part 2 of Schedule 1 that is carried out by an authorised person (see subsection (3)); or

(c)

building work described in Part 3 of Schedule 1 if the design of the building work has been carried out or reviewed by a chartered professional engineer and the building work has been carried out in accordance with that design.

(2)

Subsection (1) is subject to the following conditions:

(a)

the building work complies with the building code to the extent required by this Act:

(b)

after the building work is completed, the building,—

(i)

if it complied with the building code immediately before the building work began, continues to comply with the building code; or

(ii)

if it did not comply with the building code immediately before the building work began, continues to comply at least to the same extent as it did then comply:

(c)

the building work does not breach any other enactment:

(d)

the building to which the building work relates is not a hazardous substance location that is required to be authorised under the Health and Safety at Work Act 2015 or any regulations made under that Act.

(3)

In subsection (1)(b), authorised person means a person who is authorised under the Plumbers, Gasfitters, and Drainlayers Act 2006 to do the work, except for a person who is authorised under section 15, 16, 19, or 25 of that Act.

Section 42A: inserted, on 28 November 2013, by section 18 of the Building Amendment Act 2013 (2013 No 100).

Section 42A(2)(d): replaced, on 1 December 2017, by section 55 of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

43 Building consent not required for energy work

(1)

Energy work does not require a building consent.

(2)

However, the following energy work requires a building consent:

(a)

energy work that relates to any specified system that is contained in, or proposed to be contained in, any building (whether existing or proposed) and that,—

(i)

in the case of an existing specified system, is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building; or

(ii)

in the case of a proposed specified system, will be required to be covered by a compliance schedule; and

(b)

energy work in any case where, if that work required a building consent, a consent could not be granted unless it was granted subject to a waiver or modification of the building code.

(3)

An owner who wishes to obtain a building consent for energy work that does not require a building consent may apply for a building consent for that work (whether or not the application also relates to any other building work), and in that case this Act applies as if the energy work required a building consent.

Compare: 1991 No 150 s 32A

44 When to apply for building consent

(1)

An owner intending to carry out building work must, before the building work begins, apply for a building consent to a building consent authority that is authorised, within the scope of its accreditation, to grant a building consent for the proposed building work.

(2)

An owner may make a series of applications for building consents for stages of the proposed building work.

Compare: 1991 No 150 s 33(1), (3)

45 How to apply for building consent

(1)

An application for a building consent must—

(a)

be in the prescribed form; and

(b)

be accompanied by plans and specifications that are—

(i)

required by regulations made under section 402; or

(ii)

if the regulations do not so require, required by a building consent authority; and

(ba)

if a national multiple-use approval has been issued in relation to some or all of the plans and specifications required under paragraph (b), be accompanied by—

(i)

a copy of that national multiple-use approval; and

(ii)

details of any proposed minor customisations; and

(c)

contain or be accompanied by any other information that the building consent authority reasonably requires; and

(d)

be accompanied by any fees and charges imposed by the building consent authority under section 219 or 240 (as applicable); and

(e)

in the case of an application for a building consent that relates to restricted building work, state the name of each licensed building practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the restricted building work that is the subject of the application; and

(f)

if the owner applies for a project information memorandum for the building work under section 32 and the project information memorandum is then issued, be accompanied by—

(i)

the project information memorandum; and

(ii)

a development contribution notice under section 36 (if any); and

(iii)

a certificate issued under section 37 (if any); and

(g)

be accompanied by either one of the following:

(i)

if a compliance schedule is required as a result of the building work, a list of all specified systems for the building; or

(ii)

if an amendment to an existing compliance schedule is required as a result of the building work, a list of all specified systems that are being—

(A)

altered in the course of the building work:

(B)

added to the building in the course of the building work:

(C)

removed from the building in the course of the building work.

(2)

If an application for a building consent is accompanied by plans and specifications that contain design work (relating to building work) that is restricted building work, that design work must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.

(3)

The plans and specifications that contain the design work referred to in subsection (2) must be accompanied by a certificate of work

(a)

provided by 1 or more licensed building practitioners who carried out or supervised that design work; and

(b)

that identifies that design work; and

(c)

that states—

(i)

that the design work complies with the building code; or

(ii)

whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.

(3A)

A certificate of work provided under subsection (3) does not, of itself,—

(a)

create any liability in relation to any matter to which the certificate of work relates; or

(b)

give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the certificate of work.

(4)

An application for an amendment to a building consent must,—

(a)

in the case of a minor variation, be made in accordance with section 45A; and

(b)

in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51 apply with any necessary modifications.

(5)

The application must be accompanied by a statutory declaration, in the prescribed form, as to owner-builder status—

(a)

if the building work includes restricted building work to be carried out by the owner-builder; or

(b)

if any accompanying plans or specifications contain design work that is restricted building work and that has been carried out by the owner-builder.

Compare: 1991 No 150 s 33(2), (4)

Section 45(1)(ba): inserted, on 1 February 2010, by section 15(1) of the Building Amendment Act 2009 (2009 No 25).

Section 45(1)(d): replaced, on 13 March 2012, by section 18(2) of the Building Amendment Act 2012 (2012 No 23).

Section 45(1)(d): amended, on 1 July 2017, by section 8 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 45(2): replaced, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(2): amended, on 28 November 2013, by section 19(1) of the Building Amendment Act 2013 (2013 No 100).

Section 45(3): replaced, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(3): amended, on 28 November 2013, by section 19(2) of the Building Amendment Act 2013 (2013 No 100).

Section 45(3A): inserted, on 28 November 2013, by section 19(3) of the Building Amendment Act 2013 (2013 No 100).

Section 45(4): replaced, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(5): replaced, on 13 March 2012, by section 18(1) of the Building Amendment Act 2012 (2012 No 23).

45A Minor variations to building consents

(1)

An application for a minor variation to a building consent—

(a)

is not required to be made in the prescribed form; but

(b)

must comply with all other applicable requirements of section 45.

(2)

Sections 48 to 50 apply, with all necessary modifications, to an application for a minor variation.

(3)

A building consent authority that grants a minor variation—

(a)

must record the minor variation in writing; but

(b)

is not required to issue an amended building consent.

Section 45A: inserted, on 1 February 2010, by section 16 of the Building Amendment Act 2009 (2009 No 25).

45B Changes to plans and specifications that have national multiple-use approval

(1)

When applying for a building consent in reliance on plans and specifications for which a national multiple-use approval has been issued, or for an amendment to such a building consent under section 45(4), changes may be made to those plans and specifications if—

(a)

the changes are permitted under the terms of the national multiple-use approval; or

(b)

the changes are minor customisations permitted by regulations made under section 402(1)(kc).

(2)

If any other changes are made to the plans and specifications referred to in subsection (1), the national multiple-use approval does not apply.

Section 45B: inserted, on 1 February 2010, by section 16 of the Building Amendment Act 2009 (2009 No 25).

46 Copy of certain applications for building consent must be provided to Fire and Emergency New Zealand

(1)

This section applies to an application for a building consent that is of a kind specified by the chief executive by notice published in the Gazette.

(2)

A copy of the notice must be given by the chief executive to every building consent authority as soon as practicable after it is so published.

(3)

A building consent authority must, on receipt of an application to which this section applies, provide a copy of the application to Fire and Emergency New Zealand.

Section 46 heading: amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 46(3): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

47 Fire and Emergency New Zealand may give advice on applications under section 46

(1)

Fire and Emergency New Zealand may, within 10 working days after receiving a copy of an application for a building consent under section 46, provide the building consent authority concerned with a memorandum that sets out advice on the following matters in respect of the building to which the application relates:

(a)

provisions for means of escape from fire:

(b)

the needs of persons who are authorised by law to enter the building to undertake fire-fighting.

(2)

Fire and Emergency New Zealand must not, in the memorandum referred to in subsection (1), set out advice that provides for the building to meet performance criteria that exceed the requirements of the building code.

(3)

If Fire and Emergency New Zealand does not provide a memorandum within the period specified in subsection (1), the building consent authority may proceed to determine the application without the memorandum.

Section 47 heading: amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 47(1): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 47(2): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 47(3): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

48 Processing application for building consent

(1)

After receiving an application for a building consent that complies with section 45, a building consent authority must, within the time limit specified in subsection (1A),—

(a)

grant the application; or

(b)

refuse the application.

(1A)

The time limit is—

(a)

if the application includes plans and specifications in relation to which a national multiple-use approval has been issued, within 10 working days after receipt by the building consent authority of the application; and

(b)

in all other cases, within 20 working days after receipt by the building consent authority of the application.

(2)

A building consent authority may, within the period specified in subsection (1A), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives that information.

(3)

In deciding whether to grant or refuse an application for a building consent, the building consent authority must have regard to—

(a)

a memorandum provided by Fire and Emergency New Zealand under section 47 (if any); and

(b)

whether a building method or product to which a current warning or ban under section 26(2) relates will, or may, be used or applied in the building work to which the building consent relates.

(4)

Subsection (3) does not limit section 49(1).

Compare: 1991 No 150 s 34(1), (2)

Section 48(1): replaced, on 1 February 2010, by section 17(1) of the Building Amendment Act 2009 (2009 No 25).

Section 48(1A): inserted, on 1 February 2010, by section 17(1) of the Building Amendment Act 2009 (2009 No 25).

Section 48(2): amended, on 1 February 2010, by section 17(2) of the Building Amendment Act 2009 (2009 No 25).

Section 48(3)(a): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

49 Grant of building consent

(1)

A building consent authority must grant a building consent if it is satisfied on reasonable grounds that the provisions of the building code would be met if the building work were properly completed in accordance with the plans and specifications that accompanied the application.

(2)

However, a building consent authority is not required to grant a building consent until it receives—

(a)

any charge or fee fixed by it in relation to the consent; and

(b)

any levy payable under section 53.

(c)
[Repealed]

Compare: 1991 No 150 s 34(3)

Section 49(2)(a): amended, on 13 March 2012, by section 19 of the Building Amendment Act 2012 (2012 No 23).

Section 49(2)(b): amended, on 6 August 2010, by section 4(2)(a) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).

Section 49(2)(c): repealed, on 6 August 2010, by section 4(2)(b) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).

50 Refusal of application for building consent

If a building consent authority refuses to grant an application for a building consent, the building consent authority must give the applicant written notice of—

(a)

the refusal; and

(b)

the reasons for the refusal.

Compare: 1991 No 150 s 35(2)

51 Issue of building consent

(1)

A building consent must—

(a)

be issued in the prescribed form; and

(b)

have attached to it a copy of—

(i)

the project information memorandum (if any) for the building work to which the building consent relates; and

(ii)

a development contribution notice under section 36 (if any); and

(iii)

a certificate issued under section 37 (if any); and

(ba)

contain confirmation that Heritage New Zealand Pouhere Taonga has been notified under section 39 (if applicable); and

(c)

if a compliance schedule is required as a result of the building work, state—

(i)

the specified systems that must be covered by the compliance schedule; and

(ii)

the performance standards for the specified systems that are required by the building code; and

(d)

if an amendment to an existing compliance schedule is required as a result of the building work, state—

(i)

the specified systems that must be covered by the compliance schedule; and

(ii)

the performance standards for the specified systems that are required by the building code.

(2)

The issue of a building consent does not, of itself,—

(a)

relieve the owner of the building or proposed building to which the building consent relates of any duty or responsibility under any other Act relating to or affecting the building or proposed building; or

(b)

permit the construction, alteration, demolition, or removal of the building or proposed building if that construction, alteration, demolition, or removal would be in breach of any other Act.

(3)

If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compliance with subsection (1)(b) or (ba), the building consent authority may grant the building consent despite that subsection.

(4)

However, the building consent authority must, on receiving the document or information referred to in subsection (3), provide the owner with the document or information.

Compare: 1991 No 150 s 35(1), (3)

Section 51(1)(b)(i): amended, on 1 February 2010, by section 18(1) of the Building Amendment Act 2009 (2009 No 25).

Section 51(1)(ba): inserted, on 1 February 2010, by section 18(2) of the Building Amendment Act 2009 (2009 No 25).

Section 51(1)(ba): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 51(3): replaced, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).

Section 51(4): replaced, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).

52 Lapse of building consent

A building consent lapses and is of no effect if the building work to which it relates does not commence within—

(a)

12 months after the date of issue of the building consent; or

(b)

any further period that the building consent authority may allow.

Compare: 1991 No 150 s 41(1)

Building levy

53 Applicant for building consent liable to pay levy

(1)

An applicant for a building consent is liable to pay to the chief executive a levy for, or in connection with, the performance of the chief executive’s functions under this Act if the building consent is granted.

(2)

The levy—

(a)

must be calculated—

(i)

in relation to the estimated value of the building work to which the building consent relates; and

(ii)

at the prescribed rate; and

(b)

must be paid—

(i)

to the building consent authority as the agent of the chief executive; and

(ii)

at the time the building consent is granted.

(3)

Subsection (2)(a)(ii) is subject to section 431.

(4)

The chief executive may, in his or her discretion, refund all or part of the levy if the building consent lapses by paying the refund to the applicant or to the relevant building consent authority.

Compare: 1991 No 150 s 23B(1), (2)

Section 53(1): replaced, on 14 April 2005, by section 7(1) Building Amendment Act 2005 (2005 No 31).

Section 53(2)(b)(ii): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).

Section 53(4): inserted, on 13 March 2012, by section 20 of the Building Amendment Act 2012 (2012 No 23).

54 Building consent authority must advise applicant of amount of levy payable

A building consent authority must, before it grants a building consent, advise the applicant of the amount of levy for which the applicant may be liable under section 53.

55 Exemption from levy

Despite section 53, an applicant for a building consent is not liable to pay a levy if the building work for which the building consent is issued has an estimated value of less than the prescribed minimum estimated value (if any).

Compare: 1991 No 150 s 23B(1)

56 Payment of levy sufficient unless estimated value of building work changes

If a levy has already been paid for building work for which a building consent is granted, no further levy is payable for that building work unless its estimated value changes.

Section 56: amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).

57 Payment of levy if building work completed in stages

(1)

If building work is, or is proposed to be, completed in stages, the estimated value of the building work must be taken, for the purpose of assessing the levy payable for the building work, to include the estimated value of the preceding stage (if that preceding stage had an estimated value of less than the prescribed minimum estimated value).

(2)

For the purposes of subsection (1), any new building work in connection with a building must be treated as a further stage of any previous building work in connection with that building if—

(a)

a building consent was, or ought to have been, obtained for that previous building work; and

(b)

the code compliance certificate for that building work has not been issued as at the date of the application for a building consent for the new building work.

Compare: 1991 No 150 s 23B(3), (4)

58 Liability to pay levy: building consent authority

(1)

A building consent authority, on the grant of a building consent, becomes liable to the territorial authority for the levy payable under section 53 in relation to the building work to which the building consent relates.

(2)

A building consent authority must pay the levy to the territorial authority at the same time that it provides, under section 238(2)(d), copies of information about the collection of that levy.

(3)

A person commits an offence if the person fails to pay the levy in accordance with this section.

(4)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 23C(1)

Section 58(1): amended, on 14 April 2005, by section 7(2)(b) of the Building Amendment Act 2005 (2005 No 31).

Section 58(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

59 Liability to pay levy: territorial authority

(1)

A territorial authority, on granting a building consent or on receiving all or any of the information specified in section 238(1)(c), becomes liable to the chief executive for the levy payable under section 53 in relation to the building work to which the building consent relates.

(2)

The total amount of the levy for which a territorial authority becomes liable is due and payable to the chief executive by the 20th day of the month following the month in which the relevant building consent was granted.

(3)

Every payment of the levy must be accompanied by a certificate of the territorial authority, or of an officer or agent of the territorial authority, that states that the payment is correct—

(a)

according to the financial records of the territorial authority; and

(b)

to the best of that person’s knowledge and belief.

Compare: 1991 No 150 s 23C(1), (2), (3)

Section 59(1): amended, on 14 April 2005, by section 7(2)(c) of the Building Amendment Act 2005 (2005 No 31).

Section 59(2): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).

60 Territorial authority may retain part of levy

(1)

A territorial authority may retain 3% of the levies for which the territorial authority is liable, under section 59, in any month.

(2)

Subsection (1) is subject to section 61.

Compare: 1991 No 150 s 23C(4)

61 Chief executive may recover unpaid levies from territorial authority

(1)

The consequences specified in subsection (2) apply if a territorial authority that is liable to pay levies to the chief executive under section 59(1) fails to pay the levies by the date referred to in section 59(2).

(2)

The consequences are that—

(a)

section 60(1) does not apply; and

(b)

the chief executive may recover, as a debt due from the territorial authority, the amount of those levies and any interest on that amount calculated—

(i)

in monthly instalments at the monthly basic lending rate of the Ministry’s bank; and

(ii)

for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made.

Compare: 1991 No 150 s 23C(5), (6)

62 Territorial authority may recover unpaid levies from applicant for building consent

(1)

The consequence specified in subsection (2) applies if an applicant for a building consent fails to pay a levy or part of a levy under section 53 by the time referred to in section 53(2)(b)(ii).

(2)

The consequence is that the territorial authority may recover, as a debt due from the applicant, the amount of those levies and any interest on that amount calculated—

(a)

in monthly instalments at the monthly basic lending rate of the territorial authority’s bank; and

(b)

for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made.

Compare: 1991 No 150 s 23C(8)

63 Chief executive may obtain information in order to assess amount of levy payable

(1)

The chief executive may require any or all of the persons referred to in subsection (2) to provide any information about the estimated value of building work specified in a building consent that may be necessary to enable the chief executive to assess the amount of levy that is payable under section 53.

(2)

The persons are—

(a)

an applicant for a building consent:

(b)

the relevant building consent authority:

(c)

if applicable, the relevant territorial authority.

(3)

An applicant who provides information to the chief executive under subsection (1) may request the chief executive to treat the information as confidential, and, except if compliance with the request would be contrary to any other law, the chief executive must comply with the request to the fullest extent possible.

(4)

A person commits an offence if the person fails to comply with a requirement to provide information under subsection (1).

(5)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 23F

Section 63(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

64 Audit of issue of building consents for purpose of ascertaining payment of levy

(1)

A territorial authority must, at all times, keep in safe custody all records of building consents granted within its district, including—

(a)

the estimated value of the building work to which each consent relates; and

(b)

the amount of any levy payable under section 53; and

(c)

the date of payment of the levy to the territorial authority.

(2)

The chief executive or the chief executive’s authorised officers or agents may, for the purpose of ascertaining whether the levy for which a territorial authority is liable has been paid, and whether this section has been complied with,—

(a)

require a territorial authority to make available for examination the following records of the territorial authority:

(i)

records of building consents; and

(ii)

financial records; and

(b)

examine those records; and

(c)

make copies of those records.

(3)

A territorial authority must, on being advised of a requirement under subsection (2)(a), comply immediately with that requirement.

(4)

The chief executive’s authorised officers or agents must report to the chief executive the result of any examination that they have conducted under subsection (2).

Compare: 1991 No 150 s 23E

Section 64(1): amended, on 14 April 2005, by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).

65 Chief executive may enter into agreements for auditing certain information

(1)

The chief executive may enter into an agreement with any person for the purpose of enabling the person to act as agent for the chief executive in determining whether payment of the levy has been made in accordance with sections 53 to 62.

(2)

A person with whom the chief executive enters into an agreement referred to in subsection (1) may, while the agreement is in force, access any information that the chief executive may access under sections 63 and 64.

Compare: 1991 No 150 s 23G

66 Chief executive must review levy

As soon as practicable after the expiry of 3 years beginning on the commencement of this section, and then at intervals of not more than 3 years, the chief executive must—

(a)

review whether the levy is set at a rate that is appropriate for meeting the costs of the chief executive in performing his or her functions under this Act; and

(b)

report to the Minister on the findings of the review.

Compare: 1991 No 150 s 23I

Waivers and modifications

67 Territorial authority may grant building consent subject to waivers or modifications of building code

(1)

A building consent authority that is a territorial authority may grant an application for a building consent subject to a waiver or modification of the building code.

(2)

A waiver or modification of the building code under subsection (1) may be subject to any conditions that the territorial authority considers appropriate.

(3)

The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code relating to access and facilities for people with disabilities.

Section 67(3): replaced, on 14 April 2005, by section 8 of the Building Amendment Act 2005 (2005 No 31).

67A Territorial authority may grant waivers or modifications in relation to means of restricting access to residential pools

(1)

A territorial authority may grant a waiver or modification of section 162C(1) or (2) (which requires residential pools to have means of restricting access by unsupervised children) if the territorial authority is satisfied that the waiver or modification would not significantly increase danger to children under 5 years of age.

(2)

In deciding whether to grant a waiver or modification under subsection (1), the territorial authority must have regard to all of the relevant circumstances (including the particular characteristics of the pool and the land on which it is situated).

Compare: 1987 No 178 s 6

Section 67A: inserted, on 1 January 2017, by section 9 of the Building (Pools) Amendment Act 2016 (2016 No 71).

68 Territorial authority must notify chief executive if waiver or modification granted

If a territorial authority grants a building consent subject to a waiver or modification of the building code, the territorial authority must notify the chief executive of the waiver or modification.

69 Waiver or modification may only be granted by chief executive in certain cases

(1)

This section applies to a waiver or modification of the building code that relates to—

(a)

an existing building to which section 118 applies; and

(b)

access and facilities for use by persons with disabilities.

(2)

If this section applies, the chief executive may grant a waiver or modification only in a determination issued under subpart 1 of Part 3.

(3)

This section does not apply to a waiver or modification of the building code that relates to a new building or that is contained in a national multiple-use approval.

Section 69(1)(b): amended, on 15 March 2008, by section 12 of the Building Amendment Act 2008 (2008 No 4).

Section 69(3): amended, on 1 February 2010, by section 19 of the Building Amendment Act 2009 (2009 No 25).

70 Applications relating to energy work

(1)

This section applies if any part of an application for a building consent—

(a)

relates to energy work; and

(b)

involves the grant or refusal of a waiver or modification of the building code in relation to that energy work.

(2)

If this section applies,—

(a)

the application must be made to a territorial authority; and

(b)

the territorial authority must refer the part of the application that relates to energy work to the chief executive.

(3)

If any part of the application is referred to the chief executive under subsection (2)(b), the chief executive must—

(a)

consult with the chief executive of the department of State responsible for the administration of the Gas Act 1992 and the Electricity Act 1992; and

(b)

decide—

(i)

whether to grant the waiver or modification in relation to the energy work; and

(ii)

if he or she decides to grant the waiver or modification, whether any conditions should be imposed in respect of the waiver or modification; and

(iii)

if so, what the conditions should be.

(4)

An application referred to in subsection (1) must be treated, for the purposes of section 177, as an application by the applicant for the building consent to which the referral relates, and, accordingly, subpart 1 of Part 3 applies to the application—

(a)

to the extent that it is applicable; and

(b)

with all necessary modifications.

Compare: 1991 No 150 s 34A(1), (2)

Limitations and restrictions on building consents: Construction of building on land subject to natural hazards

71 Building on land subject to natural hazards

(1)

A building consent authority must refuse to grant a building consent for construction of a building, or major alterations to a building, if—

(a)

the land on which the building work is to be carried out is subject or is likely to be subject to 1 or more natural hazards; or

(b)

the building work is likely to accelerate, worsen, or result in a natural hazard on that land or any other property.

(2)

Subsection (1) does not apply if the building consent authority is satisfied that adequate provision has been or will be made to—

(a)

protect the land, building work, or other property referred to in that subsection from the natural hazard or hazards; or

(b)

restore any damage to that land or other property as a result of the building work.

(3)

In this section and sections 72 to 74, natural hazard means any of the following:

(a)

erosion (including coastal erosion, bank erosion, and sheet erosion):

(b)

falling debris (including soil, rock, snow, and ice):

(c)

subsidence:

(d)

inundation (including flooding, overland flow, storm surge, tidal effects, and ponding):

(e)

slippage.

Compare: 1991 No 150 s 36(1)

72 Building consent for building on land subject to natural hazards must be granted in certain cases

Despite section 71, a building consent authority that is a territorial authority must grant a building consent if the building consent authority considers that—

(a)

the building work to which an application for a building consent relates will not accelerate, worsen, or result in a natural hazard on the land on which the building work is to be carried out or any other property; and

(b)

the land is subject or is likely to be subject to 1 or more natural hazards; and

(c)

it is reasonable to grant a waiver or modification of the building code in respect of the natural hazard concerned.

Compare: 1991 No 150 s 36(2)

Section 72: amended, on 15 March 2008, by section 13 of the Building Amendment Act 2008 (2008 No 4).

73 Conditions on building consents granted under section 72

(1)

A building consent authority that is a territorial authority that grants a building consent under section 72 must include, as a condition of the consent, that the building consent authority will, on issuing the consent, notify the consent to,—

(a)

in the case of an application made by, or on behalf of, the Crown, the appropriate Minister and the Surveyor-General; and

(b)

in the case of an application made by, or on behalf of, the owners of Māori land, the Registrar of the Maori Land Court; and

(c)

in any other case, the Registrar-General of Land.

(2)

The notification under subsection (1)(a) or (b) must be accompanied by a copy of any project information memorandum that has been issued and that relates to the building consent in question.

(3)

The notification under subsection (1)(c) must identify the natural hazard concerned.

Compare: 1991 No 150 s 36(2), (3)

Section 73(1): amended, on 15 March 2008, by section 14 of the Building Amendment Act 2008 (2008 No 4).

Section 73(2): amended, on 1 February 2010, by section 20 of the Building Amendment Act 2009 (2009 No 25).

74 Steps after notification

(1)

On receiving a notification under section 73,—

(a)

the Surveyor-General or the Registrar of the Maori Land Court, as the case may be, must enter in his or her records the particulars of the notification together with a copy of any project information memorandum that accompanied the notification:

(b)

the Registrar-General of Land must record, as an entry on the record of title to the land on which the building work is carried out,—

(i)

that a building consent has been granted under section 72; and

(ii)

particulars that identify the natural hazard concerned.

(2)

If an entry has been recorded on a duplicate of the record of title referred to in subsection (1)(b) under section 641A of the Local Government Act 1974 or section 36 of the former Act, the Registrar-General of Land does not need to record another entry on the duplicate.

(3)

Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:

(a)

an entry referred to in subsection (1)(b):

(b)

an entry under section 641A of the Local Government Act 1974:

(c)

an entry under section 36 of the former Act.

(4)

The building consent authority must notify the Surveyor-General, the Registrar of the Maori Land Court, or the Registrar-General of Land, as the case may be, who must amend his or her records or remove the entry from the record of title.

Compare: 1991 No 150 s 36(5), (6), (7)

Section 74(1)(a): amended, on 1 February 2010, by section 21 of the Building Amendment Act 2009 (2009 No 25).

Section 74(1)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 74(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 74(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Limitations and restrictions on building consents: Construction of building on 2 or more allotments

75 Construction of building on 2 or more allotments

(1)

This section applies if—

(a)

an application for a project information memorandum or for a building consent relates to the construction of a building on land that is comprised, or partly comprised, of 2 or more allotments of 1 or more existing subdivisions (whether comprised in the same record of title or not); and

(b)

those allotments are held by the owner in fee simple.

(2)

The territorial authority must issue a certificate that states that, as a condition of the grant of a building consent for the building work to which the application relates, 1 or more of those allotments specified by the territorial authority (the specified allotments) must not be transferred or leased except in conjunction with any specified other or others of those allotments.

Compare: 1991 No 150 s 37(1), (2)

Section 75(1)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 75(1)(a): amended, on 1 February 2010, by section 22(1) of the Building Amendment Act 2009 (2009 No 25).

Section 75(2): replaced, on 1 February 2010, by section 22(2) of the Building Amendment Act 2009 (2009 No 25).

76 Exemption from section 75

(1)

Section 75 does not apply if—

(a)

the owner proposes to construct a building with party walls that will be on the boundaries of the allotments referred to in that section; or

(b)

the owner has applied to the Registrar-General of Land under section 82 for the Registrar’s consent to the preparation of a plan (as defined by that section).

(2)

Section 82 applies if subsection (1)(b) applies.

Compare: 1991 No 150 s 37(11)

77 Building consent must not be granted until condition is imposed under section 75

(1)

A building consent authority must not grant a building consent for building work to which section 75 applies until the territorial authority has issued the certificate under section 75(2).

(2)

The territorial authority must impose that condition if the building consent authority requests it to do so.

(3)

The certificate must be—

(a)

authenticated by the territorial authority; and

(b)

signed by the owner.

(4)

The territorial authority must lodge a copy of the certificate with the Registrar-General of Land.

(5)

The building consent authority must note, on the building consent, the condition imposed in the certificate.

Section 77(1): amended, on 1 February 2010, by section 23(1) of the Building Amendment Act 2009 (2009 No 25).

Section 77(5): inserted, on 1 February 2010, by section 23(2) of the Building Amendment Act 2009 (2009 No 25).

78 Registrar-General of Land must record entry on record of title when certificate is lodged under section 77

(1)

If a certificate referred to in section 77(1) is lodged with the Registrar-General of Land, he or she must record, as an entry on each record of title for the specified allotments, that the record of title is subject to the condition referred to in that certificate.

(2)

[Repealed]

(3)

Subsection (1) is subject to section 82.

Compare: 1991 No 150 s 37(2)

Section 78 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 78(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 78(1): amended, on 1 February 2010, by section 24 of the Building Amendment Act 2009 (2009 No 25).

Section 78(2): repealed, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

79 Effect of entry recorded on record of title

If an entry referred to in section 78(1) is recorded on the records of title for the specified allotments, none of those allotments may be transferred or leased except in conjunction with the specified other or others of those allotments.

Compare: 1991 No 150 s 37(3)

Section 79 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 79: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

80 Records of title for 2 or more allotments subject to registered instrument

(1)

This section applies if—

(a)

an entry referred to in section 78(1) is made on 2 or more records of title; and

(b)

any of the land less than the whole of the land comprised in all those records of title is, at the time the entry is recorded, independently subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and

(c)

that power, right, or obligation referred to in paragraph (b) becomes exercisable but is not able to be exercised or fully exercised because of section 79.

(2)

The whole of the land comprised in all those records of title is taken to be subject to the registered instrument and all the powers, rights, and obligations under the instrument, as if the instrument had been registered against the land at the time the entry is recorded.

Compare: 1991 No 150 s 37(4)

Section 80 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 80(1)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 80(1)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 80(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

81 Mortgage or charge has priority over registered instrument

(1)

This section applies if—

(a)

the registered instrument referred to in section 80(2) is a mortgage or charge; and

(b)

any of the land to which that mortgage or charge is extended is already subject to a registered mortgage or charge.

(2)

The registered mortgage or charge has priority over any mortgage or charge extended over land under section 80(2).

(3)

If a registered mortgage or charge is extended over the land comprised in a record of title by section 80, it has priority over any mortgage or charge against the land that is registered after the entry is recorded against the record of title to that land under that section.

Compare: 1991 No 150 s 37(5), (6)

Section 81 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 81(1)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 81(1)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 81(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 81(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

82 Registrar-General of Land may require preparation of plan

(1)

If a certificate referred to in section 77 is lodged with the Registrar-General of Land, but the Registrar-General is satisfied that it is not practicable or desirable to record the entry on the records of title specified in section 78, the Registrar-General may require that—

(a)

a plan be deposited under the Land Transfer Act 2017; and

(b)

1 or more records of title under that Act be issued for the land in terms of the plan.

(2)

In subsection (1), plan means a plan prepared in accordance with section 224 of the Land Transfer Act 2017 that amalgamates all the allotments—

(a)

into 1 allotment; or

(b)

if the circumstances render it expedient or desirable, into 2 or more allotments.

Compare: 1991 No 150 s 37(7)

Section 82(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 82(1)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 82(1)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 82(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

83 Owner may apply for entry to be removed

(1)

This section applies if—

(a)

the requirements of sections 75 to 81 or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactments were met to enable a building to be built on 2 or more allotments; and

(b)

any of the following applies:

(i)

the building is removed, demolished, or destroyed; or

(ii)

the boundaries of the allotments are adjusted in a manner that results in the building being contained entirely within the boundaries of 1 allotment; or

(iii)

circumstances have otherwise changed.

(2)

The owner may apply to a territorial authority for approval for the entry under section 78 to be removed.

(3)

If the territorial authority decides to approve the removal of the entry,—

(a)

the decision of the territorial authority must be set out in a certificate that is—

(i)

authenticated by the territorial authority; and

(ii)

signed by the owner; and

(b)

the certificate must be lodged with the Registrar-General of Land.

(4)

If a certificate referred to in subsection (3)(b) is lodged with the Registrar-General of Land, he or she must record an appropriate entry on—

(a)

the record of title for each allotment or part of the allotment; and

(b)

any mortgage or charge whose application was extended to additional land under section 80.

(5)

If subsection (4)(b) applies, any mortgage or charge whose application was extended to additional land under section 80 ceases to apply to that additional land.

(6)

[Repealed]

(7)

Subsections (2) and (3) apply, with any necessary modifications, to any request by an owner of land if the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or sections 75 to 81 were applied in error.

Compare: 1991 No 150 s 37(8), (9), (10)

Section 83(4)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 83(4)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 83(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 83(6): repealed, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Subpart 4—Requirements for building work

Restricted building work must be carried out or supervised by licensed building practitioners

84 Licensed building practitioner must carry out or supervise restricted building work

All restricted building work must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise the work.

Section 84: amended, on 15 March 2008, by section 15 of the Building Amendment Act 2008 (2008 No 4).

85 Offences relating to carrying out or supervising restricted building work

(1)

A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of restricted building work of that kind.

(2)

A person who is a licensed building practitioner commits an offence if he or she—

(a)

carries out restricted building work and is not licensed to carry out restricted building work of that kind; or

(b)

supervises restricted building work and is not licensed to carry out or supervise the carrying out of restricted building work of that kind.

(3)

Subsection (1) and (2)(a) do not apply to a person to whom the owner-builder exemption applies in respect of the restricted building work in question.

(4)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

Section 85: replaced, on 13 March 2012, by section 23 of the Building Amendment Act 2012 (2012 No 23).

Section 85(4): amended, on 1 July 2017, by section 9 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

86 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner

(1)

A person commits an offence if that person—

(a)

engages another person to carry out restricted building work; and

(b)

knows that the other person is not—

(i)

a licensed building practitioner; or

(ii)

a licensed building practitioner who is licensed to carry out the restricted building work.

(1A)

A person commits an offence if that person—

(a)

engages another person to supervise the carrying out of restricted building work; and

(b)

knows that the other person is not—

(i)

a licensed building practitioner; or

(ii)

a licensed building practitioner who is licensed to carry out or supervise the carrying out of the restricted building work.

(1B)

This section does not apply in the case of any unpaid friend or family member of an owner-builder who is engaged to assist the owner-builder in carrying out restricted building work.

(2)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

Section 86(1): replaced, on 13 March 2012, by section 24 of the Building Amendment Act 2012 (2012 No 23).

Section 86(1A): inserted, on 13 March 2012, by section 24 of the Building Amendment Act 2012 (2012 No 23).

Section 86(1B): inserted, on 13 March 2012, by section 24 of the Building Amendment Act 2012 (2012 No 23).

Section 86(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

87 Owner must notify names of licensed building practitioners engaged in restricted building work

(1)

Before restricted building work commences under a building consent, the owner must give the building consent authority written notice of the name of every licensed building practitioner who—

(a)

is engaged to carry out, or supervise, the restricted building work under the building consent; and

(b)

was not stated in the application for the building consent under section 45(1)(e).

(2)

After any restricted building work commences under a building consent, the owner must give the building consent authority a written notice if—

(a)

a licensed building practitioner ceases to be engaged to carry out, or supervise, the restricted building work under the building consent; or

(b)

another licensed building practitioner is engaged to carry out, or supervise, the restricted building work.

(3)

The notice under subsection (2) must—

(a)

state that 1 or both of the circumstances specified in subsection (2)(a) and (b) apply; and

(b)

be given as soon as practicable; and

(c)

name the other licensed building practitioner concerned (if any).

(4)

This section does not apply in the case of a licensed building practitioner who, as an unpaid friend or family member of an owner-builder, is engaged to assist the owner-builder in carrying out restricted building work.

Section 87(4): inserted, on 13 March 2012, by section 25 of the Building Amendment Act 2012 (2012 No 23).

87A Notices to building consent authority when owner-builder carries out restricted building work

(1)

This section applies when, under the owner-builder exemption, an owner-builder carries out restricted building work under a building consent.

(2)

If the building consent application was not accompanied by a statutory declaration as to owner-builder status, the owner must give the building consent authority a notice that the owner-builder is to carry out restricted building work.

(3)

The owner must give the building consent authority a notice—

(a)

if there is a change in the owner-builder carrying out the restricted building work; or

(b)

when the owner-builder ceases to carry out the restricted building work.

(4)

A notice under this section must—

(a)

be in the prescribed form; and

(b)

if it is a notice required under subsection (2) or (3)(a), be accompanied by a statutory declaration as to owner-builder status; and

(c)

be given—

(i)

before the building work begins, if it is a notice required by subsection (2):

(ii)

as soon as practicable, if it is a notice required by subsection (3).

(5)

A person who contravenes this section commits an offence and is liable to a fine not exceeding $20,000.

Section 87A: inserted, on 13 March 2012, by section 26 of the Building Amendment Act 2012 (2012 No 23).

88 Licensed building practitioner to provide record of work in respect of restricted building work

(1)

Each licensed building practitioner who carries out (other than as an owner-builder) or supervises restricted building work under a building consent must, on completion of the restricted building work, provide the persons specified in subsection (2) with a record of work, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised.

(2)

The persons are—

(a)

the owner; and

(b)

the territorial authority for the district in which the restricted building work is situated.

(3)

[Repealed]

(4)

A record of work given under subsection (1) does not, of itself,—

(a)

create any liability in relation to any matter to which the record of work relates; or

(b)

give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the record of work.

(5)

Subsection (4) does not limit section 362I(1)(c).

Section 88 heading: amended, on 13 March 2012, by section 27(1) of the Building Amendment Act 2012 (2012 No 23).

Section 88(1): replaced, on 13 March 2012, by section 27(2) of the Building Amendment Act 2012 (2012 No 23).

Section 88(3): repealed, on 13 March 2012, by section 27(3) of the Building Amendment Act 2012 (2012 No 23).

Section 88(4): replaced, on 13 March 2012, by section 27(4) of the Building Amendment Act 2012 (2012 No 23).

Section 88(5): amended, on 1 January 2015, by section 20 of the Building Amendment Act 2013 (2013 No 100).

Other provisions relating to building work generally

89 Licensed building practitioner must notify building consent authority of breaches of building consent

(1)

A licensed building practitioner must, if he or she is of the view that any building work carried out under a building consent does not comply with that consent, notify—

(a)

the territorial authority in whose district the building is situated; and

(b)

the owner.

(2)

The notification must—

(a)

state that the licensed building practitioner is of the view that building work carried out under the building consent does not comply with that consent; and

(b)

state how the building work does not so comply; and

(c)

be given as soon as practicable after the licensed building practitioner forms that view.

90 Inspections by building consent authorities

(1)

Every building consent is subject to the condition that agents authorised by the building consent authority for the purposes of this section are entitled, at all times during normal working hours or while building work is being done, to inspect—

(a)

land on which building work is being or is proposed to be carried out; and

(b)

building work that has been or is being carried out on or off the building site; and

(c)

any building.

(2)

The provisions (if any) that are endorsed on a building consent in relation to inspection during the carrying out of building work must be taken to include the provisions of this section.

(3)

In this section, inspection means the taking of all reasonable steps to ensure that building work is being carried out in accordance with a building consent.

Compare: 1991 No 150 s 76(1), (2), (3)

Subpart 4A—Restricted building work carried out by owner-builders

Subpart 4A: inserted, on 13 March 2012, by section 29 of the Building Amendment Act 2012 (2012 No 23).

90A Purpose of this subpart

The purpose of this subpart is to enable homeowners to build and alter their own homes.

Section 90A: inserted, on 13 March 2012, by section 29 of the Building Amendment Act 2012 (2012 No 23).

90B Meaning of owner-builder

(1)

An owner-builder, in relation to restricted building work, means a natural person who—

(a)

has a relevant interest in the land or the building on which the restricted building work is carried out; and

(b)

resides, or intends to reside, in the household unit in relation to which the restricted building work is carried out; and

(c)

carries out the restricted building work himself or herself or with the assistance of his or her unpaid friends and family members; and

(d)

has not, under the owner-builder exemption, carried out restricted building work in relation to a different household unit within the previous 3 years.

(2)

For the purposes of subsection (1)(b), reside includes temporarily reside.

Section 90B: inserted, on 13 March 2012, by section 29 of the Building Amendment Act 2012 (2012 No 23).

90C Meaning of relevant interest

For the purposes of section 90B(1)(a), relevant interest, in relation to the land or the building on which restricted building work is carried out, means a legal or equitable interest in the land or building; and includes—

(a)

a right of occupancy of the land or building or part of the building; or

(b)

a right, power, or privilege over, or in connection with, the land or building.

Section 90C: inserted, on 13 March 2012, by section 29 of the Building Amendment Act 2012 (2012 No 23).

90D Owner-builder exemption

(1)

A person who is an owner-builder in relation to restricted building work may carry out that restricted building work without being supervised by a licensed building practitioner.

(2)

Subsection (1) does not apply if the restricted building work in question is low-risk building work under a low-risk building consent, simple residential building work under a simple residential building consent, or commercial building work under a commercial building consent.

Section 90D: inserted, on 13 March 2012, by section 29 of the Building Amendment Act 2012 (2012 No 23).

Subpart 5—Code compliance certificates, certificates of acceptance, and compliance schedules

Code compliance certificates

91 Building consent authority that grants building consent to issue code compliance certificate

(1)

A building consent authority that granted the building consent for building work to which a code compliance certificate relates is the only person who may issue that certificate.

(2)

However, another building consent authority may issue a code compliance certificate if the following persons agree:

(a)

the owner of the building to which the building work relates; and

(b)

the building consent authority that it is proposed will issue the code compliance certificate.

(3)

Subsection (4) applies if—

(a)

a building consent authority that is not a territorial authority or a regional authority is unable or refuses to issue a code compliance certificate in relation to building work for which it granted a building consent; and

(b)

no other building consent authority will agree to issue a code compliance certificate for the building work under subsection (2).

(4)

The owner of the building to which the building work relates must apply for a certificate of acceptance under section 96.

Section 91(3)(a): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).

92 Application for code compliance certificate

(1)

An owner must apply to a building consent authority for a code compliance certificate after all building work to be carried out under a building consent granted to that owner is completed.

(2)

The application must be made—

(a)

as soon as practicable after the building work is completed; and

(b)

in the prescribed form; and

(c)

either—

(i)

to the building consent authority that granted the building consent for the building work; or

(ii)

if section 91(2) applies, to the building consent authority that it is proposed will issue the code compliance certificate.

(2A)

If applicable, the owner must include with the application any records of work provided by licensed building practitioners under section 88(1).

(3)

[Repealed]

(4)

If the building work comprises or includes energy work in respect of which a building consent has been granted, the owner must also include with the application any energy work certificate that relates to the energy work.

Compare: 1991 No 150 s 43(1), (2), (2A)

Section 92(2A): replaced, on 28 November 2013, by section 21(1) of the Building Amendment Act 2013 (2013 No 100).

Section 92(3): repealed, on 28 November 2013, by section 21(2) of the Building Amendment Act 2013 (2013 No 100).

93 Time in which building consent authority must decide whether to issue code compliance certificate

(1)

A building consent authority must decide whether to issue a code compliance certificate for building work to which a building consent relates within—

(a)

20 working days after the date specified in subsection (2); or

(b)

any further period after the date specified in subsection (2) that may be agreed between the owner and the building consent authority concerned.

(2)

The date referred to in subsection (1)(a) and (b) is—

(a)

the date on which an application for a code compliance certificate is made under section 92; or

(b)

if no application is made, the expiry of—

(i)

2 years after the date on which the building consent for the building work was granted; or

(ii)

any further period that may be agreed between the owner and the building consent authority concerned.

(3)

Subsection (1) applies whether or not an application for a code compliance certificate is made under section 92.

(4)

A building consent authority may, within the period specified in subsection (1), require further reasonable information in respect of the application for a code compliance certificate, and, if it does so, the period is suspended until it receives the information.

94 Matters for consideration by building consent authority in deciding issue of code compliance certificate

(1)

A building consent authority must issue a code compliance certificate if it is satisfied, on reasonable grounds,—

(a)

that the building work complies with the building consent; and

(b)

that,—

(i)

in a case where a compliance schedule is required as a result of the building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent; or

(ii)

in a case where an amendment to an existing compliance schedule is required as a result of the building work, the specified systems that are being altered in, or added to, the building in the course of the building work are capable of performing to the performance standards set out in the building consent.

(2)

In deciding whether to issue a code compliance certificate, a building consent authority must have regard to whether a building method or product to which a current warning or ban under section 26(2) relates has, or may have, been used or applied in the building work to which the certificate would relate.

(3)

If the owner fails to provide to a building consent authority an energy work certificate in relation to energy work in respect of which a building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a code compliance certificate in respect of the energy work.

(4)

If a development contribution has been required to be paid or made under section 198 of the Local Government Act 2002, a building consent authority that is other than the territorial authority that made the requirement must refuse to issue a code compliance certificate in respect of the relevant building work until the building consent authority has received—

(a)

evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or

(b)

a copy of a written agreement between the owner and the territorial authority that the code compliance certificate may be issued.

(5)

Subsection (1) is subject to subsection (4).

Compare: 1991 No 150 s 43(3), (3A)

95 Issue of code compliance certificate

A code compliance certificate must be issued—

(a)

by a building consent authority; and

(b)

in the prescribed form; and

(c)

on payment of any fees and charges imposed by the building consent authority under section 219 or 240 (as applicable).

Compare: 1991 No 150 s 43(3)

Section 95(c): replaced, on 13 March 2012, by section 36(3) of the Building Amendment Act 2012 (2012 No 23).

Section 95(c): amended, on 1 July 2017, by section 10 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

95A Refusal to issue code compliance certificate

If a building consent authority refuses to issue a code compliance certificate, the building consent authority must give the applicant written notice of—

(a)

the refusal; and

(b)

the reasons for the refusal.

Section 95A: inserted, on 15 March 2008, by section 20 of the Building Amendment Act 2008 (2008 No 4).

Certificates of acceptance

96 Territorial authority may issue certificate of acceptance in certain circumstances

(1)

A territorial authority may, on application, issue a certificate of acceptance for building work already done—

(a)

if—

(i)

the work was done by the owner or any predecessor in title of the owner; and

(ii)

a building consent was required for the work but not obtained; or

(b)

if section 42 (which relates to building work that had to be carried out urgently) applies; or

(c)

if subsections (3) and (4) of section 91 (which apply if a building consent authority that is not a territorial authority or a regional authority is unable or refuses to issue a code compliance certificate in relation to building work for which it granted a building consent) apply.

(d)
[Repealed]

(2)

A territorial authority may issue a certificate of acceptance only if it is satisfied, to the best of its knowledge and belief and on reasonable grounds, that, insofar as it could ascertain, the building work complies with the building code.

(3)

This section—

(a)

does not limit section 40 (which provides that a person must not carry out any building work except in accordance with a building consent); and

(b)

accordingly, does not relieve a person from the requirement to obtain a building consent for building work.

Section 96(1): replaced, on 14 April 2005, by section 10 of the Building Amendment Act 2005 (2005 No 31).

Section 96(1)(c): amended, on 30 May 2017, by section 5(1) of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).

Section 96(1)(d): repealed, on 30 May 2017, by section 5(2) of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).

97 How to apply for certificate of acceptance

An application for a certificate of acceptance must—

(a)

be in the prescribed form; and

(b)

if available, be accompanied by plans and specifications that are—

(i)

required by regulations made under section 402; or

(ii)

if the regulations do not so require, required by the territorial authority; and

(c)

contain or be accompanied by any other information that the territorial authority reasonably requires; and

(d)

be accompanied by any fees and charges imposed by the territorial authority under section 219; and

(e)

in the case of an application under section 96(1)(a), be accompanied by any fees, charges, or levies that would have been payable had the owner, or the owner’s predecessor in title, applied for a building consent before carrying out the building work; and

(f)

if a project information memorandum for the building work has been issued under section 34, be accompanied by the project information memorandum; and

(g)

if a compliance schedule is required as a result of the building work, have attached to it a list of all specified systems for the building; or

(h)

if an amendment to an existing compliance schedule is required as a result of the building work, have attached to it a list of all specified systems that are being—

(i)

altered in the course of the building work:

(ii)

added to the building in the course of the building work:

(iii)

removed from the building in the course of the building work.

Section 97(d): replaced, on 13 March 2012, by section 39 of the Building Amendment Act 2012 (2012 No 23).

98 Processing application for certificate of acceptance

(1)

A territorial authority must, within 20 working days after receiving an application for a certificate of acceptance,—

(a)

grant the application; or

(b)

refuse the application.

(2)

A territorial authority may, within the period specified in subsection (1), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives the information.

99 Issue of certificate of acceptance

(1)

A certificate of acceptance must—

(a)

be issued in the prescribed form; and

(b)

have attached to it,—

(i)

if a compliance schedule is required as a result of the building work, the compliance schedule for the building; or

(ii)

if an amendment to an existing compliance schedule is required as a result of the building work, the amended compliance schedule for the building.

(2)

A certificate of acceptance may, if a territorial authority inspected the building work, be qualified to the effect that only parts of the building work were able to be inspected.

(3)

A territorial authority’s liability for the issue of a certificate of acceptance is limited to the same extent that the territorial authority was able to inspect the building work in question.

99AA Withholding certificate of acceptance

If a territorial authority grants an application for a certificate of acceptance but withholds the certificate under section 208 of the Local Government Act 2002, the territorial authority must give the applicant written notice of—

(a)

the grant of the application; and

(b)

the withholding of the certificate; and

(c)

the development contribution required to be paid or made before the certificate will be issued.

Section 99AA: inserted, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

99A Refusal of application for certificate of acceptance

If a territorial authority refuses to grant an application for a certificate of acceptance, the territorial authority must give the applicant written notice of—

(a)

the refusal; and

(b)

the reasons for the refusal.

Section 99A: inserted, on 15 March 2008, by section 21 of the Building Amendment Act 2008 (2008 No 4).

Compliance schedules

100 Requirement for compliance schedule

(1)

A building not used wholly as a single household unit—

(a)

requires a compliance schedule if—

(i)

it has a specified system; or

(ii)

it has a cable car attached to it or servicing it; and

(b)

requires the schedule for all specified systems it has and any cable car it has attached to it or servicing it.

(2)

A building used wholly as a single household unit—

(a)

requires a compliance schedule only if it has a cable car attached to it or servicing it; and

(b)

requires the schedule only for the cable car.

(3)

Before 31 March 2008,—

(a)

a building not used wholly as a single household unit—

(i)

requires a compliance schedule only if it has a specified system other than a cable car; and

(ii)

does not require a compliance schedule for any cable car attached to it or servicing it; and

(b)

a building used wholly as a single household unit does not require a compliance schedule.

(4)

The requirement in subsections (1) and (2) that a building have a compliance schedule if it has a cable car attached to it or servicing it is satisfied, in the case of a cable car that is attached to or services more than 1 building, if any of the buildings in question have a compliance schedule for the cable car.

(5)

Except to the extent that it provides, subsection (4) does not relieve an owner of any of the obligations under sections 105 to 110.

Section 100: replaced, on 14 April 2005, by section 11 of the Building Amendment Act 2005 (2005 No 31).

Section 100(4): inserted, on 13 March 2012, by section 40 of the Building Amendment Act 2012 (2012 No 23).

Section 100(5): inserted, on 13 March 2012, by section 40 of the Building Amendment Act 2012 (2012 No 23).

101 Owner must comply with requirement for compliance schedule

(1)

An owner of a building for which a compliance schedule is required under section 100 must obtain the compliance schedule.

(2)

A person commits an offence if the person fails to comply with subsection (1).

(3)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence has continued.

Section 101(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

102 When compliance schedule must be issued

(1)

A building consent authority must issue a compliance schedule if—

(a)

the compliance schedule, or an amended compliance schedule, is required as a result of building work; and

(b)

the building consent authority is satisfied, on reasonable grounds, that the specified systems for the building are capable of performing to the performance standards for those systems.

(2)

A compliance schedule that is issued under subsection (1) must be issued with the relevant code compliance certificate or consent completion certificate.

(3)

A territorial authority must issue a compliance schedule on an application under section 102A if the territorial authority is satisfied, on reasonable grounds, that the specified systems for the building are capable of performing to the performance standards for those systems.

Section 102: replaced, on 13 March 2012, by section 41 of the Building Amendment Act 2012 (2012 No 23).

102A Procedure for obtaining compliance schedule where building consent not required

(1)

This section applies when an owner of a building for which a compliance schedule is required under section 100 must obtain a compliance schedule but is not required to apply for a building consent in relation to the building because, for example, no building work is being carried out.

(2)

The owner must apply in the prescribed form (if any) to the appropriate territorial authority for the issue of a compliance schedule by providing the authority with—

(a)

a description of all specified systems for the building and the performance standards for each of them; and

(b)

the proposed inspection, maintenance, and reporting procedures for the specified systems.

Section 102A: inserted, on 13 March 2012, by section 42 of the Building Amendment Act 2012 (2012 No 23).

103 Content of compliance schedule

(1)

A compliance schedule must—

(a)

state and describe each of the specified systems covered by the compliance schedule, including a statement of the type and (if known) make of each specified system; and

(b)

state the performance standards for the specified systems; and

(c)

describe the inspection, maintenance, and reporting procedures to be followed by independently qualified persons or other persons in respect of the specified systems to ensure that those systems are capable of, and are, performing to the performance standards.

(2)

For the purposes of subsection (1)(c), the inspection, maintenance, and reporting procedures of the compliance schedule may be identified—

(a)

by description in the compliance schedule; or

(b)

by reference to—

(i)

a prescribed acceptable solution or prescribed verification method in a regulation referred to in section 20; or

(ii)

an acceptable solution or a verification method issued under section 22; or

(iii)

a building method or product.

Compare: 1991 No 150 s 44(2), (3), (5)

Section 103(1): replaced, on 13 March 2012, by section 43 of the Building Amendment Act 2012 (2012 No 23).

Section 103(2)(b)(ii): amended, on 28 November 2013, by section 22 of the Building Amendment Act 2013 (2013 No 100).

104 Building consent authority must notify territorial authority of issue of compliance schedule

If a building consent authority issues a compliance schedule under section 102, the building consent authority must, within 5 working days after issuing the compliance schedule, provide a copy of it to the territorial authority in whose district the building is situated.

104A Territorial authority must issue statement in relation to compliance schedule

A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days after receiving the compliance schedule, provide the owner of the building for which the compliance schedule was issued with the statement in relation to the compliance schedule described in section 105(e).

Section 104A: inserted, on 15 March 2008, by section 23 of the Building Amendment Act 2008 (2008 No 4).

105 Obligations of owner if compliance schedule is issued

An owner of a building for which a compliance schedule has been issued must ensure—

(a)

that each of the specified systems stated in the compliance schedule is performing, and will continue to perform, to the performance standards for that system; and

(b)

that the owner provides to the territorial authority an annual building warrant of fitness in accordance with section 108; and

(c)

that the compliance schedule is kept—

(i)

in the building; or

(ii)

in another building in the district of the territorial authority; or

(iii)

in some other place agreed on by the owner and the territorial authority; and

(d)

that the compliance schedule is available for inspection by any person or organisation who or that has a right to inspect the building under any Act; and

(e)

that, for the first 12 months of the period of the compliance schedule, there is displayed publicly in the building so that users of the building can have access to it a statement by the territorial authority in the prescribed form that contains the following information:

(i)

the specified systems covered by the compliance schedule; and

(ii)

the place where the compliance schedule is held; and

(iii)

any other prescribed information.

Compare: 1991 No 150 s 44(4)

Section 105(e): replaced, on 13 March 2012, by section 44 of the Building Amendment Act 2012 (2012 No 23).

106 Application by owner for amendment to compliance schedule

(1)

An owner of a building that has 1 or more specified systems may, at any time and entirely at the owner’s discretion, apply to the territorial authority of the district in which the building is situated for an amendment to a compliance schedule for the building.

(2)

However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if—

(a)

the owner considers that the amendment is required to ensure that the specified systems are performing, and will continue to perform, to the performance standards for those systems; or

(b)

as a result of an amendment to this Act or any regulation made under it, the compliance schedule—

(i)

no longer complies with the requirements of this Act or any regulations made under it; or

(ii)

contains information that is no longer required under this Act or any regulations made under it.

(2A)

An application under subsection (2)(b) must be made before the next anniversary of the issue of the compliance schedule following the amendment of the Act or regulation that results in the compliance schedule becoming non-compliant or containing information that is no longer required.

(3)

The owner must—

(a)

apply for the amendment in the prescribed form; and

(b)

provide any information that the territorial authority reasonably requires in relation to the application; and

(c)

pay any fees and charges imposed by the territorial authority under section 219.

(4)

The territorial authority must, as soon as practicable after receiving the application, decide whether to amend the compliance schedule.

(5)

If the territorial authority decides to amend the compliance schedule, the territorial authority must—

(a)

give written notice of the amendment to the owner; and

(b)

attach a copy of the amended compliance schedule to the notice.

(6)

If the territorial authority refuses to amend the compliance schedule, the territorial authority must give written notice of, and the reasons for, the refusal to the owner.

Section 106(2): replaced, on 13 March 2012, by section 45(1) of the Building Amendment Act 2012 (2012 No 23).

Section 106(2A): inserted, on 13 March 2012, by section 45(1) of the Building Amendment Act 2012 (2012 No 23).

Section 106(3)(c): replaced, on 13 March 2012, by section 45(2) of the Building Amendment Act 2012 (2012 No 23).

107 Territorial authority may amend compliance schedule on own initiative

(1)

This section applies if a territorial authority considers that an amendment to a compliance schedule is required to ensure that a specified system stated in the compliance schedule is performing, and will continue to perform, to the performance standards for that system.

(2)

If this section applies, the territorial authority may amend the compliance schedule—

(a)

on its own initiative; and

(b)

without an application for an amendment to the compliance schedule being made under section 106.

(3)

However, before making an amendment to a compliance schedule under this section, the territorial authority must—

(a)

advise the owner of its intention to do so; and

(b)

give the owner a reasonable opportunity to make submissions on the matter; and

(c)

consider those submissions.

(4)

If the territorial authority amends a compliance schedule under this section, the territorial authority must—

(a)

give written notice of the amendment to the owner; and

(b)

attach a copy of the amended compliance schedule to the notice.

(5)

[Repealed]

Section 107(5): repealed, on 13 March 2012, by section 46 of the Building Amendment Act 2012 (2012 No 23).

Annual building warrant of fitness

108 Annual building warrant of fitness

(1)

An owner of a building for which a compliance schedule has been issued must supply to the territorial authority a building warrant of fitness in accordance with subsection (3).

(2)

The purpose of a building warrant of fitness is to ensure that the specified systems stated in the compliance schedule are performing, and will continue to perform, to the performance standards for those systems that are set out in the relevant building consent.

(3)

The building warrant of fitness must—

(a)

be supplied on each anniversary of the issue of the compliance schedule; and

(b)

state that the inspection, maintenance, and reporting procedures of the compliance schedule have been fully complied with during the previous 12 months; and

(c)

have attached to it all certificates, in the prescribed form, issued by an independently qualified person that, when those certificates are considered together, certify that the inspection, maintenance, and reporting procedures stated in the compliance schedule have been fully complied with during the previous 12 months; and

(d)

have attached to it any recommendation made by an independently qualified person that the compliance schedule should be amended to ensure that the specified systems stated in the compliance schedule are performing, and will continue to perform, to the performance standards for those systems; and

(e)

be in the prescribed form; and

(f)

contain the prescribed information.

(4)

The owner must publicly display a copy of the building warrant of fitness in a place in the building to which users of the building have ready access or, if the compliance schedule relates only to a cable car, publicly display the copy of the building warrant of fitness in or near the cable car.

(5)

A person commits an offence if the person—

(aa)

fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or

(a)

fails to display a building warrant of fitness that is required to be displayed under this section; or

(b)

displays a false or misleading building warrant of fitness; or

(c)

displays a building warrant of fitness otherwise than in accordance with this section.

(6)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

(7)

In subsection (3)(d), a reference to an independently qualified person is a reference to the independently qualified person or independently qualified persons who carried out or supervised the inspection, maintenance, and reporting procedures stated in the compliance schedule during the previous 12 months.

Compare: 1991 No 150 s 45(1), (2)

Section 108(3)(c): amended, on 13 March 2012, by section 47(1) of the Building Amendment Act 2012 (2012 No 23).

Section 108(3)(d): amended, on 13 March 2012, by section 47(1) of the Building Amendment Act 2012 (2012 No 23).

Section 108(4): amended, on 13 March 2012, by section 47(2) of the Building Amendment Act 2012 (2012 No 23).

Section 108(5)(aa): inserted, on 15 March 2008, by section 24 of the Building Amendment Act 2008 (2008 No 4).

Section 108(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 108(7): replaced, on 13 March 2012, by section 47(3) of the Building Amendment Act 2012 (2012 No 23).

109 Territorial authority must consider recommendation to amend compliance schedule

A territorial authority must, in relation to a recommendation made by an independently qualified person under section 108(3)(d) for a compliance schedule to be amended,—

(a)

give the owner of the building concerned a reasonable opportunity to make written submissions on the recommendation; and

(b)

consider those submissions (if any); and

(c)

decide whether to—

(i)

accept the recommendation; or

(ii)

refuse to accept the recommendation; and

(d)

if it decides to accept the recommendation, amend the compliance schedule and give written notice to the owner accordingly.

Section 109: amended, on 13 March 2012, by section 48 of the Building Amendment Act 2012 (2012 No 23).

110 Owner must obtain reports on compliance schedule

An owner of a building for which a compliance schedule has been issued must—

(a)

obtain annual written reports relating to the inspection, maintenance, and reporting procedures of the compliance schedule signed by each independently qualified person or other person who carried out 1 or more of those procedures; and

(b)

keep those reports, together with the compliance schedule, for a period of 2 years; and

(c)

produce those reports for inspection, when required, by—

(i)

the territorial authority; and

(ii)

any person or organisation who or that has the right to inspect the building under any Act; and

(d)

show the location of those reports and the compliance schedule on the building warrant of fitness displayed in accordance with section 108(4).

Compare: 1991 No 150 s 45(3)

Section 110(a): amended, on 13 March 2012, by section 49 of the Building Amendment Act 2012 (2012 No 23).

Section 110(a): amended, on 15 March 2008, by section 25 of the Building Amendment Act 2008 (2008 No 4).

111 Inspections by territorial authority

(1)

An agent of a territorial authority authorised for the purposes of this section is entitled, at all times during normal working hours, to inspect—

(a)

a building for which a compliance schedule has been issued; and

(b)

the specified systems in the building.

(2)

[Repealed]

(3)

In this section, inspection means the taking of all reasonable steps to ensure that—

(a)

an annual building warrant of fitness supplied under section 108 is correct; and

(b)

every report under section 110 is correct.

Section 111(2): repealed, on 13 March 2012, by section 50 of the Building Amendment Act 2012 (2012 No 23).

Alterations to existing buildings

112 Alterations to existing buildings

(1)

A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the building consent authority is satisfied that, after the alteration,—

(a)

the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—

(i)

means of escape from fire; and

(ii)

access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and

(b)

the building will,—

(i)

if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or

(ii)

if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply.

(2)

Despite subsection (1), a territorial authority may, by written notice to the owner of a building, allow the alteration of an existing building, or part of an existing building, without the building complying with provisions of the building code specified by the territorial authority if the territorial authority is satisfied that,—

(a)

if the building were required to comply with the relevant provisions of the building code, the alteration would not take place; and

(b)

the alteration will result in improvements to attributes of the building that relate to—

(i)

means of escape from fire; or

(ii)

access and facilities for persons with disabilities; and

(c)

the improvements referred to in paragraph (b) outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code.

(3)

This section is subject to section 133AT.

Compare: 1991 No 150 s 38

Section 112(1): replaced, on 28 November 2013, by section 23 of the Building Amendment Act 2013 (2013 No 100).

Section 112(3): inserted, on 1 July 2017, by section 11 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

113 Buildings with specified intended lives

(1)

This section applies if a proposed building, or an existing building proposed to be altered, is intended to have a life of less than 50 years.

(2)

A territorial authority may grant a building consent only if the consent is subject to—

(a)

the condition that the building must be altered, removed, or demolished on or before the end of the specified intended life; and

(b)

any other conditions that the territorial authority considers necessary.

(3)

In subsection (2), specified intended life, in relation to a building, means the period of time, as stated in an application for a building consent or in the consent itself, for which the building is proposed to be used for its intended use.

Compare: 1991 No 150 s 39

Section 113(1): amended, on 15 March 2008, by section 26 of the Building Amendment Act 2008 (2008 No 4).

Change of use, extension of life, and subdivision of buildings

114 Owner must give notice of change of use, extension of life, or subdivision of buildings

(1)

In this section and section 115, change the use, in relation to a building, means to change the use of the building in a manner described in the regulations.

(2)

An owner of a building must give written notice to the territorial authority if the owner proposes—

(a)

to change the use of a building; or

(b)

to extend the life of a building that has a specified intended life; or

(c)

to subdivide land in a manner that affects a building.

(3)

A person commits an offence if the person fails to comply with subsection (2).

(4)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $5,000.

Compare: 1991 No 150 s 46(1)

Section 114(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

115 Code compliance requirements: change of use

An owner of a building must not change the use of the building,—

(a)

in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and

(b)

in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use,—

(i)

will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following:

(A)

means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:

(B)

access and facilities for people with disabilities (if this is a requirement under section 118); and

(ii)

will,—

(A)

if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or

(B)

if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

Compare: 1991 No 150 s 46(2)

Section 115(b): replaced, on 28 November 2013, by section 24 of the Building Amendment Act 2013 (2013 No 100).

116 Code compliance requirements: extension of life

(1)

The owner of a building with a specified intended life must not extend its life without the written consent of the territorial authority.

(2)

This subsection applies to a building with a specified intended life if—

(a)

under section 113(2), a building consent for its building or alteration was issued subject to the condition that it must be altered on or before the end of the specified intended life; or

(b)

under section 39(1) of the Building Act 1991, a building consent for its building or alteration was issued subject to the condition that it shall be altered on or before the end of the specified intended life.

(3)

The territorial authority must not give its consent to the extension of the life of a building to which subsection (2) applies unless satisfied, on reasonable grounds, that the building—

(a)

has been altered in accordance with the condition; and

(b)

complies with section 112.

Section 116: replaced, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).

116A Code compliance requirements: subdivision

A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless satisfied, on reasonable grounds, that the building—

(a)

will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following matters:

(i)

means of escape from fire:

(ii)

access and facilities for persons with disabilities (if this is a requirement under section 118):

(iii)

protection of other property; and

(b)

will,—

(i)

if it complied with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply with those provisions; or

(ii)

if it did not comply with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply at least to the same extent as it did then comply.

Section 116A: inserted, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).

Section 116A(a): amended, on 28 November 2013, by section 25(1) of the Building Amendment Act 2013 (2013 No 100).

Section 116A(b): replaced, on 28 November 2013, by section 25(2) of the Building Amendment Act 2013 (2013 No 100).

116B Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire

(1)

No person may—

(a)

use a building, or knowingly permit another person to use a building, for a use for which the building is not safe or not sanitary; or

(b)

use a building, or knowingly permit another person to use a building, that has inadequate means of escape from fire.

(2)

A person who fails to comply with subsection (1) commits an offence.

(3)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.

Section 116B: inserted, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).

Section 116B(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Access to buildings by persons with disabilities

117 Definition for sections 118 to 120

In sections 118 to 120, unless the context otherwise requires, building includes—

(a)

parts of a building (including driveways, access ways, passages within and between complexes and developments, and associated landscaping (if any)); and

(b)

any premises or facilities.

118 Access and facilities for persons with disabilities to and within buildings

(1)

If provision is being made for the construction or alteration of any building to which members of the public are to be admitted, whether for free or on payment of a charge, reasonable and adequate provision by way of access, parking provisions, and sanitary facilities must be made for persons with disabilities who may be expected to—

(a)

visit or work in that building; and

(b)

carry out normal activities and processes in that building.

(2)

This section applies, but is not limited, to buildings that are intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2.

Compare: 1991 No 150 s 47A(1)

119 Acceptable solution for requirements of persons with disabilities

(1)

This section applies to—

(a)

the New Zealand Standard Specification No 4121 (the code of practice for design for access and use of buildings by persons with disabilities), together with any modifications to that standard specification in force immediately before the commencement of this section; or

(b)

if an Order in Council is made under subsection (3),—

(i)

the standard specification referred to in paragraph (a) incorporating an amendment that is adopted by the order; or

(ii)

a standard specification that is in substitution for the standard specification referred to in paragraph (a) that is adopted by the order.

(2)

A standard specification to which this section applies is to be taken as an acceptable solution.

(3)

The Governor-General may, by Order in Council made on the recommendation of the Minister, adopt—

(a)

an amendment to the standard specification referred to in subsection (1)(a); or

(b)

a standard specification that is in substitution for the standard specification referred to in that subsection.

(4)

The Minister must, no later than 6 months after the date on which an amendment or a standard specification is promulgated by the NZ Standards Organisation,—

(a)

make a recommendation under subsection (3) in relation to the amendment or standard specification; or

(b)

decide not to make a recommendation.

(5)

In this section, NZ Standards Organisation has the meaning given to it in section 4(1) of the Standards and Accreditation Act 2015.

Compare: 1991 No 150 s 47A(3)

Section 119 heading: amended, on 28 November 2013, by section 26(1) of the Building Amendment Act 2013 (2013 No 100).

Section 119(2): amended, on 28 November 2013, by section 26(2) of the Building Amendment Act 2013 (2013 No 100).

Section 119(4): amended, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

Section 119(5): replaced, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

120 Symbols of access must be displayed

If any provision required by section 118 is made at a building in compliance with that section, a notice or sign that indicates in accordance with the international symbols of access that provision is made for the needs of persons with disabilities must be displayed outside the building or so as to be visible from outside it.

Compare: 1991 No 150 s 47A(5)

Section 120 heading: amended, on 15 March 2008, by section 27(1) of the Building Amendment Act 2008 (2008 No 4).

Section 120: amended, on 15 March 2008, by section 27(2) of the Building Amendment Act 2008 (2008 No 4).

Subpart 6—Special provisions for dangerous, affected, and insanitary buildings

Subpart 6 heading: amended, on 1 July 2017, by section 12 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Interpretation and application

Heading: replaced, on 1 July 2017, by section 13 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

121 Meaning of dangerous building

(1)

A building is dangerous for the purposes of this Act if,—

(a)

in the ordinary course of events (excluding the occurrence of an earthquake), the building is likely to cause—

(i)

injury or death (whether by collapse or otherwise) to any persons in it or to persons on other property; or

(ii)

damage to other property; or

(b)

in the event of fire, injury or death to any persons in the building or to persons on other property is likely.

(2)

For the purpose of determining whether a building is dangerous in terms of subsection (1)(b), a territorial authority—

(a)

may seek advice from employees, volunteers, and contractors of Fire and Emergency New Zealand who have been notified to the territorial authority by the board of Fire and Emergency New Zealand as being competent to give advice; and

(b)

if the advice is sought, must have due regard to the advice.

Compare: 1991 No 150 s 64(1), (2), (3)

Section 121(1)(b): amended, on 13 March 2012, by section 51 of the Building Amendment Act 2012 (2012 No 23).

Section 121(2)(a): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

121A Meaning of affected building

A building is an affected building for the purposes of this Act if it is adjacent to, adjoining, or nearby—

(a)

a dangerous building as defined in section 121; or

(b)

a dangerous dam within the meaning of section 153.

Section 121A: inserted, on 28 November 2013, by section 28 of the Building Amendment Act 2013 (2013 No 100).

122 Meaning of earthquake-prone building
[Repealed]

Section 122: repealed, on 1 July 2017, by section 14 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

123 Meaning of insanitary building

A building is insanitary for the purposes of this Act if the building—

(a)

is offensive or likely to be injurious to health because—

(i)

of how it is situated or constructed; or

(ii)

it is in a state of disrepair; or

(b)

has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building; or

(c)

does not have a supply of potable water that is adequate for its intended use; or

(d)

does not have sanitary facilities that are adequate for its intended use.

Compare: 1991 No 150 s 64(4)

123A Application of this subpart to parts of buildings

(1)

If a territorial authority is satisfied that only part of a building is dangerous (within the meaning of section 121) or insanitary (within the meaning of section 123),—

(a)

the territorial authority may exercise any of its powers or perform any of its functions under this subpart in respect of that part of the building rather than the whole building; and

(b)

for the purpose of paragraph (a), this subpart applies with any necessary modifications.

(2)

To the extent that a power or function of a territorial authority under this subpart relates to affected buildings,—

(a)

the territorial authority may exercise the power or perform the function in respect of all or part of an affected building; and

(b)

for the purpose of paragraph (a), this subpart applies with any necessary modifications.

Section 123A: inserted, on 1 July 2017, by section 15 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

Heading: amended, on 1 July 2017, by section 16 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Heading: amended, on 28 November 2013, by section 29 of the Building Amendment Act 2013 (2013 No 100).

123B Buildings in areas designated under subpart 6B

(1)

If a dangerous or insanitary building or a building adjacent to, or adjoining, a dangerous building is located in an area that has been designated under subpart 6B, this subpart does not apply to that building while the designation is in force.

(2)

Despite subsection (1), this subpart continues to apply to the building for the purposes of—

(a)

an action taken in relation to the building under section 124(2)(a) or (b) before the designation:

(b)

a notice issued in relation to the building under section 124(2)(c), or work carried out in accordance with the notice or under section 126, before the designation:

(c)

a notice issued in relation to the building under section 124(2)(d) before the designation:

(d)

an action in relation to the building for which a warrant has been issued under section 129(2) before the designation.

Section 123B: inserted, on 17 December 2019, by section 11 of the Building Amendment Act 2019 (2019 No 27).

124 Dangerous, affected, or insanitary buildings: powers of territorial authority

(1)

This section applies if a territorial authority is satisfied that a building in its district is a dangerous, affected, or insanitary building.

(2)

In a case to which this section applies, the territorial authority may do any or all of the following:

(a)

put up a hoarding or fence to prevent people from approaching the building nearer than is safe:

(b)

attach in a prominent place on, or adjacent to, the building a notice that warns people not to approach the building:

(c)

except in the case of an affected building, issue a notice that complies with section 125(1) requiring work to be carried out on the building to—

(i)

reduce or remove the danger; or

(ii)

prevent the building from remaining insanitary:

(d)

issue a notice that complies with section 125(1A) restricting entry to the building for particular purposes or restricting entry to particular persons or groups of persons.

(3)

[Repealed]

Section 124: replaced, on 28 November 2013, by section 30 of the Building Amendment Act 2013 (2013 No 100).

Section 124 heading: amended, on 1 July 2017, by section 17(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 124(1): amended, on 1 July 2017, by section 17(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 124(3): repealed, on 1 July 2017, by section 17(3) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

125 Requirements for notice requiring building work or restricting entry

(1)

A notice issued under section 124(2)(c) must—

(a)

be in writing; and

(b)

be fixed to the building in question; and

(c)

be given in the form of a copy to the persons listed in subsection (2); and

(d)

state the time within which the building work must be carried out, which must not be less than a period of 10 days after the notice is given or a period reasonably sufficient to obtain a building consent if one is required, whichever period is longer; and

(e)

state whether the owner of the building must obtain a building consent in order to carry out the work required by the notice.

(1A)

A notice issued under section 124(2)(d)

(a)

must be in writing; and

(b)

must be fixed to the building in question; and

(c)

must be given in the form of a copy to the persons listed in subsection (2); and

(d)

may be issued for a maximum period of 30 days; and

(e)

may be reissued once only for a further maximum period of 30 days.

(2)

A copy of the notice must be given to—

(a)

the owner of the building; and

(b)

an occupier of the building; and

(c)

every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017; and

(d)

every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017; and

(e)

every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and

(f)

Heritage New Zealand Pouhere Taonga, if the building is a heritage building.

(3)

However, the notice, if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (2).

Compare: 1991 No 150 s 71

Section 125 heading: replaced, on 28 November 2013, by section 31 of the Building Amendment Act 2013 (2013 No 100).

Section 125(1): replaced, on 28 November 2013, by section 31 of the Building Amendment Act 2013 (2013 No 100).

Section 125(1A): inserted, on 28 November 2013, by section 31 of the Building Amendment Act 2013 (2013 No 100).

Section 125(2)(c): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 125(2)(d): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 125(2)(e): replaced, on 1 July 2017, by section 18 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 125(2)(f): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

126 Territorial authority may carry out work

(1)

A territorial authority may apply to the District Court for an order authorising the territorial authority to carry out building work if any work required under a notice issued by the territorial authority under section 124(2)(c) is not completed, or not proceeding with reasonable speed, within—

(a)

the time stated in the notice; or

(b)

any further time that the territorial authority may allow.

(2)

Before the territorial authority applies to the District Court under subsection (1), the territorial authority must give the owner of the building not less than 10 days’ written notice of its intention to do so.

(3)

If a territorial authority carries out building work under the authority of an order made under subsection (1),—

(a)

the owner of the building is liable for the costs of the work; and

(b)

the territorial authority may recover those costs from the owner; and

(c)

the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.

Compare: 1991 No 150 s 65(4), (5)

Section 126(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 126(1): amended, on 28 November 2013, by section 32 of the Building Amendment Act 2013 (2013 No 100).

Section 126(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

127 Building work includes demolition of building

Any work required or authorised to be done under section 124(2)(c) or section 126 may include the demolition of all or part of a building.

Compare: 1991 No 150 s 65(6)

Section 127: amended, on 28 November 2013, by section 33 of the Building Amendment Act 2013 (2013 No 100).

128 Prohibition on using dangerous, affected, or insanitary building

(1)

This section applies if a territorial authority has done any of the following:

(a)

put up a hoarding or fence in relation to a building under section 124(2)(a):

(b)

attached a notice warning people not to approach a building under section 124(2)(b):

(c)

issued a notice restricting entry to a building under section 124(2)(d).

(2)

In any case to which this section applies, and except as permitted by section 124(2)(d), no person may—

(a)

use or occupy the building; or

(b)

permit another person to use or occupy the building.

Section 128: replaced, on 28 November 2013, by section 34 of the Building Amendment Act 2013 (2013 No 100).

Section 128 heading: amended, on 1 July 2017, by section 19 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

128A Offences in relation to dangerous, affected, or insanitary buildings

(1)

A person who fails to comply with a notice issued under section 124(2)(c) that is given to that person under section 125(2)

(a)

commits an offence; and

(b)

is liable to a fine not exceeding $200,000.

(2)

A person who fails to comply with section 128(2)

(a)

commits an offence; and

(b)

is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

Section 128A: inserted, on 28 November 2013, by section 35 of the Building Amendment Act 2013 (2013 No 100).

Section 128A heading: amended, on 1 July 2017, by section 20 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

129 Measures to avoid immediate danger or to fix insanitary conditions

(1)

This section applies if, because of the state of a building,—

(a)

immediate danger to the safety of people is likely in terms of section 121 or 123; or

(b)

immediate action is necessary to fix insanitary conditions.

(2)

The chief executive of a territorial authority may, by warrant issued under his or her signature, cause any action to be taken that is necessary in his or her judgment to—

(a)

remove that danger; or

(b)

fix those insanitary conditions.

(3)

If the territorial authority takes action under subsection (2),—

(a)

the owner of the building is liable for the costs of the action; and

(b)

the territorial authority may recover those costs from the owner; and

(c)

the amount recoverable by the territorial authority becomes a charge on the land on which the building is situated.

(4)

The chief executive of the territorial authority and the territorial authority are not under any liability arising from the issue, in good faith, of a warrant under subsection (2).

Compare: 1991 No 150 s 70(1), (4)

Section 129(1)(a): amended, on 1 July 2017, by section 21 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

130 Territorial authority must apply to District Court for confirmation of warrant

(1)

If the chief executive of a territorial authority issues a warrant under section 129(2), the territorial authority, on completion of the action stated in the warrant, must apply to the District Court for confirmation of the warrant.

(2)

On hearing the application, the District Court may—

(a)

confirm the warrant without modification; or

(b)

confirm the warrant subject to modification; or

(c)

set the warrant aside.

(3)

Subsection (1) does not apply if—

(a)

the owner of the building concerned notifies the territorial authority that—

(i)

the owner does not dispute the entry into the owner’s land; and

(ii)

confirmation of the warrant by the District Court is not required; and

(b)

the owner pays the costs referred to in section 129(3)(a).

Compare: 1991 No 150 s 70(2), (3)

Section 130(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 130(3)(a)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Policy on dangerous and insanitary buildings

Heading: amended, on 1 July 2017, by section 22 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

131 Territorial authority must adopt policy on dangerous and insanitary buildings

(1)

A territorial authority must, within 18 months after the commencement of this section, adopt a policy on dangerous and insanitary buildings within its district.

(2)

The policy must state—

(a)

the approach that the territorial authority will take in performing its functions under this Part; and

(b)

the territorial authority’s priorities in performing those functions; and

(c)

how the policy will apply to heritage buildings.

Section 131 heading: amended, on 1 July 2017, by section 23(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 131(1): amended, on 1 July 2017, by section 23(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

132 Adoption and review of policy

(1)

A policy under section 131 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.

(2)

A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

(3)

A territorial authority must, as soon as practicable after adopting or amending a policy, provide a copy of the policy to the chief executive.

(4)

A territorial authority must complete a review of a policy within 5 years after the policy is adopted and then at intervals of not more than 5 years.

(5)

A policy does not cease to have effect because it is due for review or being reviewed.

132A Policy must take into account affected buildings

(1)

A policy under section 131 must take into account affected buildings.

(2)

A territorial authority must amend an existing policy to take into account affected buildings at the latest within a reasonable period following the next review of its policy required under section 132(4).

(3)

In subsection (2), existing policy means a policy existing at the date of this section coming into force.

Section 132A: inserted, on 28 November 2013, by section 36 of the Building Amendment Act 2013 (2013 No 100).

Application of subpart to dams

133 Application of this subpart to dams

This subpart does not apply to—

(a)

a building that is a dam; or

(b)

a part of a building that is a dam.

Subpart 6A—Special provisions for earthquake-prone buildings

Subpart 6A: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Application and interpretation

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AA Buildings to which this subpart applies

(1)

This subpart applies to all buildings except the following:

(a)

a building that is used wholly or mainly for residential purposes (but see subsection (2)):

(b)

a farm building (being a shed or other building that is located on a farm and used primarily for farming activities or an ancillary purpose):

(c)

a stand-alone retaining wall (being a retaining wall that is not integral to the structure of a building):

(d)

a fence:

(e)

a monument (including a statue), unless the monument is capable of being entered by a person:

(f)

a wharf:

(g)

a bridge:

(h)

a tunnel:

(i)

a storage tank:

(j)

a building that is a dam:

(k)

a part of a building that is a dam.

(2)

Despite subsection (1)(a), this subpart applies to a building described in that subsection if the building—

(a)

comprises 2 or more storeys; and

(b)

either—

(i)

is a hostel, boardinghouse, or other specialised accommodation; or

(ii)

contains 3 or more household units.

Section 133AA: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AB Meaning of earthquake-prone building

(1)

A building or a part of a building is earthquake prone if, having regard to the condition of the building or part and to the ground on which the building is built, and because of the construction of the building or part,—

(a)

the building or part will have its ultimate capacity exceeded in a moderate earthquake; and

(b)

if the building or part were to collapse, the collapse would be likely to cause—

(i)

injury or death to persons in or near the building or on any other property; or

(ii)

damage to any other property.

(2)

Whether a building or a part of a building is earthquake prone is determined by the territorial authority in whose district the building is situated: see section 133AK.

(3)

For the purpose of subsection (1)(a), ultimate capacity and moderate earthquake have the meanings given to them by regulations.

Compare: 1991 No 150 s 66

Section 133AB: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AC Meaning of earthquake rating

(1)

In this Act, earthquake rating, in relation to a building or a part of a building that a territorial authority has determined is earthquake prone, means the degree to which the building or part meets the requirements of the building code—

(a)

that relate to how a building is likely to perform in an earthquake; and

(b)

that would be used to design a new building on the same site; and

(c)

as they apply on the day on which this section comes into force.

(2)

The earthquake rating of a building or a part of a building—

(a)

is determined by a territorial authority in accordance with the EPB methodology (see section 133AK); and

(b)

is specified on the EPB notice issued for the building or part and recorded in the EPB register; and

(c)

determines the form of the EPB notice issued for the building or part (see section 401C(a)).

(3)

An earthquake rating may be expressed as a percentage or a percentage range.

Examples

If a territorial authority determines that a building meets 25% of the requirements of the building code referred to in subsection (1), the earthquake rating of the building is 25%.

If a territorial authority determines that a building meets between 0% and 10% of the requirements of the building code referred to in subsection (1), the earthquake rating of the building is the range of 0% to 10%.

Section 133AC: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AD Meaning of low, medium, and high seismic risk

(1)

For the purposes of this Act, the area in which a building is located has—

(a)

a low seismic risk if the area has a Z factor that is less than 0.15; and

(b)

a medium seismic risk if the area has a Z factor that is greater than or equal to 0.15 and less than 0.3; and

(c)

a high seismic risk if the area has a Z factor that is greater than or equal to 0.3.

(2)

For the purpose of subsection (1), the Z factor of an area is the seismic hazard factor that would be used to design a new building on a site in that area in accordance with the following, as they relate to calculating Z factors and as they apply on the day on which this section comes into force:

(a)

the building code; and

(b)

verification methods; and

(c)

standards incorporated by reference into the building code or a verification method.

(3)

The seismic risk of an area affects—

(a)

the time frame within which a territorial authority must—

(i)

apply the EPB methodology to identify buildings or parts of buildings in the area that are potentially earthquake prone (see section 133AG); and

(ii)

report to the chief executive on its progress towards that objective; and

(b)

the deadline for completing seismic work on a building or a part of a building in the area, if it is subject to an EPB notice (see section 133AM).

Section 133AD: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AE Meaning of priority building

(1)

In this subpart, priority building means any of the following that are located in an area of medium or high seismic risk:

(a)

a hospital building that is likely to be needed in an emergency (within the meaning of the Civil Defence Emergency Management Act 2002) to provide—

(i)

emergency medical services; or

(ii)

ancillary services that are essential for the provision of emergency medical services:

(b)

a building that is likely to be needed in an emergency for use as an emergency shelter or emergency centre:

(c)

a building that is used to provide emergency response services (for example, policing, fire, ambulance, or rescue services):

(d)

a building that is regularly occupied by at least 20 people and that is used as any of the following:

(i)

an early childhood education and care centre licensed under Part 2 of the Education and Training Act 2020:

(ii)

a registered school or an integrated school (within the meaning of the Education and Training Act 2020):

(iii)

a private training establishment registered under subpart 5 of Part 4 of the Education and Training Act 2020:

(iv)

an institution established under section 268 of the Education and Training Act 2020:

(e)

any part of an unreinforced masonry building that could—

(i)

fall from the building in an earthquake (for example, a parapet, an external wall, or a veranda); and

(ii)

fall onto any part of a public road, footpath, or other thoroughfare that a territorial authority has identified under section 133AF(2)(a):

(f)

a building that a territorial authority has identified under section 133AF(2)(b) as having the potential to impede a transport route of strategic importance (in terms of an emergency response) if the building were to collapse in an earthquake.

(2)

For the purposes of subsection (1)(a) and (b), the likelihood of a building being needed in an emergency for a particular purpose must be assessed having regard to—

(a)

any national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002; and

(b)

the civil defence emergency management group plan approved under section 48 of the Civil Defence Emergency Management Act 2002 that covers the district in which the building is situated.

(3)

If only part of a building meets the criteria set out in subsection (1), only that part of the building is a priority building.

(4)

Whether a building is a priority building affects—

(a)

the deadline by which a territorial authority must identify whether the building or a part of the building is potentially earthquake prone (see section 133AG); and

(b)

the deadline for completing seismic work on the building or a part of the building, if it is subject to an EPB notice (see section 133AM).

Section 133AE: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 133AE(1)(d): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

133AF Role of territorial authority in identifying certain priority buildings

(1)

This section applies to a territorial authority whose district includes any area of medium or high seismic risk.

(2)

The territorial authority,—

(a)

for the purpose of section 133AE(1)(e) (prioritising parts of unreinforced masonry buildings), must use the special consultative procedure in section 83 of the Local Government Act 2002 to identify any part of a public road, footpath, or other thoroughfare in an area of medium or high seismic risk—

(i)

onto which parts of an unreinforced masonry building could fall in an earthquake; and

(ii)

that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of unreinforced masonry buildings; and

(b)

for the purpose of section 133AE(1)(f) (prioritising buildings that could impede a strategic transport route),—

(i)

may, in its discretion, initiate the special consultative procedure in section 83 of the Local Government Act 2002 to identify buildings for that purpose; but

(ii)

must not identify buildings for that purpose other than in accordance with the special consultative procedure.

(3)

However, a territorial authority is not required to act under subsection (2)(a) if there is no reasonable prospect of any thoroughfare in its district satisfying the criteria set out in subsection (2)(a)(i) and (ii).

(4)

If a territorial authority is required by subsection (2)(a) or decides under subsection (2)(b) to use the special consultative procedure in section 83 of the Local Government Act 2002, it must use the procedure within a time frame that enables the territorial authority to meet the applicable time frame under section 133AG(4) for identifying potentially earthquake-prone priority buildings in its district.

Section 133AF: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Identifying earthquake-prone buildings

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AG Territorial authority must identify potentially earthquake-prone buildings

(1)

Within the applicable time frame under subsection (4), a territorial authority—

(a)

must apply the EPB methodology to buildings in its district to identify buildings or parts of buildings that are potentially earthquake prone; and

(b)

may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to any aspect of the EPB methodology.

(2)

Until the end of the applicable time frame, a territorial authority must report to the chief executive on its progress towards identifying buildings or parts of buildings within its district that are potentially earthquake prone as follows:

(a)

if the whole district is of low seismic risk, every 3 years; or

(b)

if the district includes an area of medium seismic risk, but no areas of high seismic risk, every 2 years; or

(c)

if the district includes an area of high seismic risk, every year.

(3)

After the end of the applicable time frame, a territorial authority may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to the EPB methodology.

(4)

The applicable time frame is the period commencing on the day on which this section comes into force (the commencement date) and ending on,—

(a)

for each area of low seismic risk, the expiry of 15 years after the commencement date; and

(b)

for each area of medium seismic risk, the expiry of the following period after the commencement date:

(i)

5 years for priority buildings; and

(ii)

10 years for other buildings; and

(c)

for each area of high seismic risk, the expiry of the following period after the commencement date:

(i)

2 years and 6 months for priority buildings; and

(ii)

5 years for other buildings.

Section 133AG: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AH Territorial authority must request engineering assessment of potentially earthquake-prone buildings

(1)

If a territorial authority identifies a building or a part of a building as potentially earthquake prone, the territorial authority must ask the owner of the building or part to provide an engineering assessment of the building or part.

(2)

The request must—

(a)

be in writing; and

(b)

be dated; and

(c)

identify the building or the part of a building that the territorial authority has identified as potentially earthquake prone; and

(d)

explain the basis on which the territorial authority has identified the building or the part of the building as potentially earthquake prone; and

(e)

explain the owner’s obligations under section 133AI; and

(f)

state whether the building is a priority building; and

(g)

state the due date for the engineering assessment, which must be 12 months after the date of the request; and

(h)

explain that if the owner is not reasonably able to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments), the owner may apply under section 133AJ for an extension of up to 12 months; and

(i)

explain the consequences of the owner failing to provide the engineering assessment by the due date; and

(j)

explain what will happen if the territorial authority determines that the building or the part of the building is earthquake prone.

Section 133AH: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AI Obligations of owners on receiving request for engineering assessment

(1)

If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH, the owner must, by the due date (which may be extended under section 133AJ),—

(a)

provide to the territorial authority an engineering assessment of the building or part that complies with the requirements of the EPB methodology; or

(b)

provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building or part as potentially earthquake prone; or

(c)

notify the territorial authority that the owner does not intend to provide an engineering assessment.

(2)

If a territorial authority is satisfied that it has incorrectly identified a building or a part of a building as potentially earthquake prone, the territorial authority must cancel the request for an engineering assessment and give the owner of the building or part written notice of that fact.

(3)

If an owner fails to comply with subsection (1), or notifies the territorial authority under subsection (1)(c) that the owner does not intend to provide an engineering assessment of a building or a part of a building,—

(a)

the territorial authority must, under section 133AK(4), proceed as if it had determined the building or part to be earthquake prone; and

(b)

the EPB notice issued for the building or part must, under section 133AL(4), be in the form that is prescribed for the category of earthquake ratings that includes the lowest earthquake ratings; and

(c)

the territorial authority may obtain an engineering assessment of the building or part and recover, as a debt due from the owner of the building or part, the costs of doing so.

Section 133AI: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AJ Owners may apply for extension of time to provide engineering assessment

(1)

This section applies if—

(a)

a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH; and

(b)

the owner is unable to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments).

(2)

The owner may, no later than 2 months before the due date, apply to the territorial authority for an extension of up to 12 months from the due date.

(3)

The territorial authority must deal with the application promptly, by—

(a)

granting the extension and notifying the owner in writing of the revised due date for the engineering assessment; or

(b)

notifying the owner in writing that the extension has not been granted.

(4)

A territorial authority must not extend the due date for an engineering assessment more than once.

Section 133AJ: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AK Territorial authority must determine whether building is earthquake prone

(1)

If a territorial authority receives an engineering assessment of a building or a part of a building in response to a request made under section 133AH, the territorial authority must determine, in accordance with the EPB methodology,—

(a)

whether the building or part is earthquake prone; and

(b)

if the building or part is earthquake prone, its earthquake rating.

(2)

If the territorial authority determines that the building or part is not earthquake prone, the territorial authority must promptly notify the owner in writing of its decision.

(3)

If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—

(a)

issue an EPB notice for the building or part under section 133AL; and

(b)

record the details of the decision in the EPB register and update other information in the EPB register as necessary.

(4)

If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH, and either does not receive it by the due date or is notified that the owner does not intend to provide it by the due date,—

(a)

the territorial authority—

(i)

must proceed as if it had determined the building or part to be earthquake prone; and

(ii)

need not determine the earthquake rating of the building or part; and

(b)

this Act applies as if the territorial authority had determined the building or part to be earthquake prone.

Section 133AK: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Remediation of earthquake-prone buildings

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AL Territorial authority must issue EPB notice for earthquake-prone buildings

(1)

This section applies if a territorial authority makes any of the following decisions:

(a)

determining under section 133AK or 133AY or clause 2 of Schedule 1AA that a building or a part of a building is earthquake prone; or

(b)

revoking an exemption under section 133AN; or

(c)

revoking an extension under section 133AO; or

(d)

determining under section 133AQ or 133AY that the earthquake rating of a building or a part of a building that is subject to an EPB notice is different from the earthquake rating (if any) of the building or part that is stated in the notice or the EPB register.

(2)

The territorial authority must promptly issue an EPB notice for the building or the part of the building, which must—

(a)

be dated; and

(b)

be in the prescribed form; and

(c)

identify the building or the part of a building determined to be earthquake prone; and

(d)

specify whether the building or part is a priority building; and

(e)

specify the earthquake rating of the building or part (unless this has not been determined: see section 133AK(4) and clause 2 of Schedule 1AA); and

(f)

state that the owner of the building or part is required to carry out building work to ensure that the building or part is no longer earthquake prone (seismic work); and

(g)

state the deadline for completing seismic work (see section 133AM); and

(h)

state that the owner of the building or part may apply under section 133AN for an exemption from the requirement to carry out seismic work; and

(i)

if the building is a heritage building to which section 133AO applies, state that the owner of the building or part may apply under that section for an extension of time to complete seismic work; and

(j)

state that the owner is not required to complete seismic work if the territorial authority determines or is satisfied, in accordance with section 133AQ, that the building or part is not earthquake prone.

(3)

If the earthquake rating of a building or a part of a building is a percentage range that spans more than 1 prescribed category of earthquake ratings, the notice issued for the building or part must be in the form prescribed for the category that includes the lowest point in the percentage range.

(4)

If the territorial authority is proceeding under section 133AK(4) as if it had determined a building or a part of a building to be earthquake prone (because the owner has not provided an engineering assessment),—

(a)

the notice must be in the form prescribed for the category of earthquake ratings that includes the lowest earthquake ratings (see section 401C(a)); and

(b)

the notice must state—

(i)

that the territorial authority has not determined whether the building or part is earthquake prone, but is proceeding as if it had; and

(ii)

that the earthquake rating of the building or part has not been determined.

(5)

The territorial authority must give a copy of the notice to—

(a)

the owner of the building or the part of the building; and

(b)

every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017; and

(c)

every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017; and

(d)

every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and

(e)

Heritage New Zealand Pouhere Taonga, if the building is a heritage building.

(6)

However, the notice is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (5).

Section 133AL: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 133AL(5)(b): amended, on 12 November 2018, by section 247(3)(a) of the Land Transfer Act 2017 (2017 No 30).

Section 133AL(5)(c): amended, on 12 November 2018, by section 247(3)(b) of the Land Transfer Act 2017 (2017 No 30).

133AM Deadline for completing seismic work

(1)

The owner of a building or a part of a building that is subject to an EPB notice must complete seismic work on the building or part on or before the deadline specified in this section.

(2)

The deadline is the expiry of whichever of the following periods, as measured from the date of the first EPB notice issued for the building or the part of the building (rather than any replacement EPB notice), is applicable:

(a)

in an area of low seismic risk, 35 years for any building; and

(b)

in an area of medium seismic risk, 12 years and 6 months for a priority building and 25 years for any other building; and

(c)

in an area of high seismic risk, 7 years and 6 months for a priority building and 15 years for any other building.

(3)

However,—

(a)

if clause 2 of Schedule 1AA applies to the building or the part of the building, the deadline is the deadline determined in accordance with that clause; and

(b)

if the building or the part of the building is a heritage building for which an extension is granted under section 133AO, the deadline is the expiry of the period of the extension, as measured from the deadline that would apply under paragraph (a) or subsection (2) if no extension were granted.

(4)

To avoid doubt, seismic work may include the demolition of a building or part of a building.

Section 133AM: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AN Owner may apply for exemption from requirement to carry out seismic work

(1)

The owner of a building or a part of a building that is subject to an EPB notice may apply to a territorial authority for an exemption from the requirement to carry out seismic work on the building or part.

(2)

An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.

(3)

The territorial authority must deal with the application promptly, by doing one of the following:

(a)

if the territorial authority is satisfied that the building or the part of the building has the prescribed characteristics (see section 401C(b)),—

(i)

granting the exemption and issuing an EPB exemption notice; and

(ii)

recording the details of the exemption in the EPB register and updating other information in the EPB register as necessary; or

(b)

notifying the owner in writing that the exemption has not been granted.

(4)

An EPB exemption notice must—

(a)

identify the building or the part of the building that is subject to an EPB notice; and

(b)

state that the owner of the building or the part of the building is exempt from the requirement to carry out seismic work on the building or part; and

(c)

give the territorial authority’s reasons for granting the exemption.

(5)

A territorial authority may review an exemption at any time, and may revoke it if satisfied that the building no longer has the prescribed characteristics.

(6)

An exemption stays in force until the territorial authority revokes it.

(7)

As soon as practicable after revoking an exemption, a territorial authority must—

(a)

reissue an EPB notice under section 133AL for the building or the part of the building that is earthquake prone; and

(b)

record the details of the revocation in the EPB register and update other information in the EPB register as necessary.

Section 133AN: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AO Owners of certain heritage buildings may apply for extension of time to complete seismic work

(1)

This section applies to a building if—

(a)

the building or a part of the building is subject to an EPB notice; and

(b)

the building is—

(i)

included as a Category 1 historic place on the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or

(ii)

included on the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014.

(2)

The owner of the building or the part of the building (the owner) may apply to the territorial authority for an extension of time to complete seismic work on the building or part.

(3)

An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.

(4)

The territorial authority may, by notice in writing to the owner, extend by up to 10 years the deadline for completing seismic work that applies under section 133AM(2) or (3)(a).

(5)

If the territorial authority grants an extension, the owner must—

(a)

take all reasonably practicable steps to manage or reduce the risks associated with the building or the part of the building being earthquake prone; and

(b)

comply with any conditions imposed by the territorial authority for the purpose of managing or reducing the risks referred to in paragraph (a).

(6)

If the owner fails to comply with subsection (5), the territorial authority may revoke the extension.

(7)

As soon as practicable after granting or revoking an extension, a territorial authority must—

(a)

reissue an EPB notice under section 133AL for the building or the part of the building; and

(b)

record the details of the extension or revocation in the EPB register and update other information in the EPB register as necessary.

Section 133AO: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AP EPB notices and EPB exemption notices to be attached to earthquake-prone buildings

(1)

As soon as practicable after issuing an EPB notice or an EPB exemption notice for a building or a part of a building, the territorial authority must—

(a)

attach, or require the owner of the building or part to attach, the notice in a prominent place on or adjacent to the building; and

(b)

remove, or authorise the owner of the building or part to remove, any superseded EPB notice or EPB exemption notice that is attached on or adjacent to the building.

(2)

If an EPB notice or an EPB exemption notice ceases to be attached in a prominent place on or adjacent to a building, or becomes illegible,—

(a)

the owner of the building or the part of the building to which the notice relates must notify the territorial authority of that fact; and

(b)

the territorial authority must issue a replacement notice; and

(c)

subsection (1) applies to the replacement notice.

(3)

Subsection (2) does not apply if the removal of the notice is authorised by or under this subpart.

Section 133AP: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AQ Territorial authority may assess information relating to earthquake-prone building status at any time

(1)

This section applies if, at any time,—

(a)

the owner of a building or a part of a building sends to the territorial authority an engineering assessment of the building or part (whether or not the building or part is already subject to an EPB notice); or

(b)

a territorial authority is satisfied, on the basis of evidence other than an engineering assessment, that a building or a part of a building that is subject to an EPB notice is not earthquake prone.

(2)

As soon as practicable after receiving an engineering assessment under this section for a building or a part of a building, the territorial authority must determine, in accordance with the EPB methodology,—

(a)

whether the building or part is earthquake prone; and

(b)

if the building or part is earthquake prone, its earthquake rating.

(3)

If the territorial authority determines or is satisfied that the building or part is not earthquake prone, the territorial authority must promptly—

(a)

notify the owner in writing of its decision; and

(b)

if the building or part is already subject to an EPB notice,—

(i)

remove the building from the EPB register; and

(ii)

remove, or authorise the owner of the building or part to remove, any EPB notice or EPB exemption notice attached on or adjacent to the building.

(4)

If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—

(a)

notify the owner in writing of its decision; and

(b)

if the building or part is not already subject to an EPB notice, issue an EPB notice for the building or part under section 133AL; and

(c)

if the building or part is already subject to an EPB notice,—

(i)

if the earthquake rating has changed, reissue an EPB notice under section 133AL for the building or part; and

(ii)

if the earthquake rating has not changed, notify the owner in writing of that fact; and

(d)

record the details of the decision in the EPB register and update other information in the EPB register as necessary.

Section 133AQ: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Powers of territorial authorities in respect of earthquake-prone buildings

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AR Territorial authority may impose safety requirements

(1)

If a territorial authority determines that a building or a part of a building in its district is earthquake prone, the territorial authority may do any or all of the following:

(a)

put up a hoarding or fence to prevent people from approaching the building or part nearer than is safe:

(b)

attach in a prominent place, on or adjacent to the building or part, a notice that warns people not to approach the building or part:

(c)

issue a notice that complies with subsection (2) restricting entry to the building or part for particular purposes or restricting entry to particular persons or groups of persons.

(2)

A notice issued under subsection (1)(c)—

(a)

must be in writing; and

(b)

must be fixed to the building in question; and

(c)

must be given in the form of a copy to the persons listed in section 133AL(5); and

(d)

may be issued for a period of up to 30 days; and

(e)

may be reissued, but not more than once, for a further period of up to 30 days.

(3)

However, a notice issued under subsection (1)(c), if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons listed in section 133AL(5).

(4)

If, in relation to a building or a part of a building, a territorial authority has put up a hoarding or fence or attached a notice under subsection (1)(b) or (c), no person may, other than in accordance with the terms of a notice issued under subsection (1)(c),—

(a)

use or occupy the building or part; or

(b)

permit another person to use or occupy the building or part.

Section 133AR: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AS Territorial authority may carry out seismic work

(1)

This section applies if seismic work on a building or a part of a building that is subject to an EPB notice is not completed by the deadline that applies under section 133AM, or is not proceeding with reasonable speed in the light of that deadline.

(2)

The territorial authority may apply to the District Court for an order authorising the territorial authority to carry out seismic work on the building or the part of the building.

(3)

Before the territorial authority applies to the District Court under subsection (2), the territorial authority must give the owner of the building or the part of the building not less than 10 days’ written notice of its intention to do so.

(4)

If a territorial authority carries out seismic work on a building or a part of a building under the authority of an order made under subsection (2),—

(a)

the owner of the building or part is liable for the costs of the work; and

(b)

the territorial authority may recover those costs from the owner; and

(c)

the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.

(5)

Seismic work authorised to be done under this section may include the demolition of a building or part of a building.

Compare: 1991 No 150 s 65(4), (5)

Section 133AS: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AT Alterations to buildings subject to EPB notice

(1)

This section applies instead of section 112 in relation to an application for a building consent for the alteration of a building or a part of a building that is subject to an EPB notice.

(2)

A building consent authority must not grant a building consent for the alteration of the building or part unless the building consent authority is satisfied that,—

(a)

after the alteration, the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—

(i)

means of escape from fire; and

(ii)

access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and

(b)

after the alteration, the building will,—

(i)

if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or

(ii)

if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply; and

(c)

in the case of a substantial alteration, the alteration includes the necessary seismic work. An alteration of a building is a substantial alteration if the territorial authority is satisfied that the alteration meets criteria prescribed under section 401C(c).

(3)

Despite subsection (2)(a), a territorial authority may, by written notice to the owner of the building or part, specify 1 or more of the provisions of the building code referred to in subsection (2)(a) and allow the alteration of the building or part without the building complying with the specified provisions if the territorial authority is satisfied that—

(a)

the alteration includes the necessary seismic work; and

(b)

if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and

(c)

the permitted non-compliance with the specified provisions is no more than is reasonably necessary in the light of the objective of ensuring that the building or part is no longer earthquake prone; and

(d)

after the alteration, the building will continue to comply with the specified provisions, and other provisions of the building code, to at least the same extent as it complied with those provisions immediately before the building work began.

(4)

When making the assessments required by subsection (3)(b) and (c), the territorial authority must take into account the matters (if any) prescribed under section 401C(d).

Section 133AT: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Offences

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AU Offences in relation to earthquake-prone buildings
Failure to complete seismic work

(1)

The owner of a building or a part of a building that is subject to an EPB notice who fails to complete seismic work on the building or part by the deadline that applies under section 133AM

(a)

commits an offence; and

(b)

is liable on conviction to a fine not exceeding $200,000.

Failures relating to EPB notices and EPB exemption notices

(2)

A person commits an offence if—

(a)

a territorial authority requires the person to attach an EPB notice or an EPB exemption notice on or adjacent to a building under section 133AP; and

(b)

the person—

(i)

fails to attach the notice in accordance with that section; or

(ii)

attaches the notice otherwise than in accordance with that section.

(3)

A person commits an offence if—

(a)

the person is required under section 133AP(2)(a) to notify the territorial authority when an EPB notice or an EPB exemption notice ceases to be attached on or adjacent to a building or becomes illegible; and

(b)

the person fails to notify the territorial authority in accordance with that section.

(4)

A person who commits an offence under subsection (2) or (3) is liable on conviction to a fine not exceeding $20,000.

Failure to comply with safety requirements

(5)

A person who fails to comply with section 133AR(4) commits an offence and is liable on conviction—

(a)

to a fine not exceeding $200,000; and

(b)

in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues.

Section 133AU: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Methodology for identifying earthquake-prone buildings (EPB methodology)

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AV Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)

(1)

The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology) that specifies how territorial authorities are to—

(a)

identify the buildings or parts of buildings in their district that are potentially earthquake prone; and

(b)

determine whether a potentially earthquake-prone building or part of a building is earthquake prone and, if it is, its earthquake rating.

(2)

The methodology—

(a)

may specify buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and

(b)

may specify a method for identifying buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and

(c)

must specify the requirements for an engineering assessment of a building or a part of a building; and

(d)

must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building or a part of a building is earthquake prone or potentially earthquake prone.

(3)

The chief executive must set the methodology no later than 1 month after the commencement of this section.

(4)

The methodology may incorporate material by reference in accordance with sections 405 to 413.

(5)

The chief executive may amend or replace the methodology at any time.

(6)

If the chief executive amends or replaces the methodology, sections 133AW and 133AX apply in respect of the amendment or replacement with any necessary modifications.

Section 133AV: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AW Consultation requirements for setting EPB methodology

(1)

Before setting the EPB methodology, the chief executive must do everything reasonably practicable on his or her part to consult territorial authorities and any other persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the setting of the methodology.

(2)

The process for consultation should, to the extent practicable in the circumstances, include—

(a)

giving adequate and appropriate notice of the intention to set the methodology; and

(b)

giving a reasonable opportunity for territorial authorities and other interested persons to make submissions; and

(c)

giving adequate and appropriate consideration to submissions.

(3)

A failure to comply with this section does not affect the validity of the methodology.

Section 133AW: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AX Notification and availability of EPB methodology

(1)

As soon as practicable after the chief executive has set the EPB methodology, the chief executive must—

(a)

notify territorial authorities that the methodology has been set; and

(b)

publicly notify that the methodology has been set; and

(c)

make the methodology available on the Internet in a form that is publicly accessible at all reasonable times; and

(d)

make the methodology available in printed form for purchase on request by members of the public.

(2)

The methodology is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 133AX: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Miscellaneous

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

133AY What territorial authority must do if definition of ultimate capacity or moderate earthquake amended

(1)

This section applies if the definition of ultimate capacity or moderate earthquake, as set out in regulations made for the purpose of section 133AB (meaning of earthquake-prone building), is amended or replaced.

(2)

As soon as is reasonably practicable after the definition is amended or replaced, a territorial authority—

(a)

must consider whether any decision that it has made under this subpart should be reassessed in the light of the changes to the definition; and

(b)

may remake the decision.

(3)

Section 133AQ(3) and (4) applies if a decision is remade under this section.

Section 133AY: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Subpart 6B—Special provisions for buildings affected by emergency

Subpart 6B: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BA Purpose of this subpart

(1)

The purpose of this subpart is to provide for the management of buildings located in an area that has been affected by an emergency.

(2)

This subpart applies to all buildings in an area that is designated under section 133BC.

Section 133BA: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BB Definitions

(1)

In this subpart, unless the context otherwise requires,—

critical infrastructure means—

(a)

a priority building; or

(b)

a building or other infrastructure operated or used by a lifeline utility

defence area has the same meaning as in section 2(1) of the Defence Act 1990

designated area means an area designated under section 133BC

emergency means a situation of a kind described in paragraphs (a) and (b) of the definition of emergency in section 4 of the CDEM Act

intelligence and security agency has the same meaning as in section 4 of the Intelligence and Security Act 2017

lifeline utility has the same meaning as in section 4 of the Civil Defence Emergency Management Act 2002

multi-unit residential building means a residential building that—

(a)

comprises 2 or more storeys; and

(b)

either—

(i)

is a hostel, boardinghouse, or other specialised accommodation; or

(ii)

contains 3 or more household units

New Zealand Defence Force has the same meaning as Defence Force in section 2(1) of the Defence Act 1990

officer in charge, in relation to a secured building, means,—

(a)

for a building referred to in paragraph (a) of the definition of secured building, the officer in charge within the meaning of regulation 2 of the Defence Regulations 1990:

(b)

for a building referred to in paragraph (b) of that definition, the person who is for the time being responsible for the security of the building

priority building means a building of a kind described in paragraph (a), (b), (c), or (f) of the definition of priority building in section 133AE(1) that is located in a designated area

relevant CDEM decision-maker, in relation to an area that is a designated area or is proposed to be a designated area,—

(a)

means—

(i)

the Minister responsible for administration of the CDEM Act; or

(ii)

a person who is appointed or otherwise authorised under section 25 of that Act to declare a state of local emergency or give notice of a local transition period (as the case may be) for the area; and

(b)

in sections 133BG and 133BH, also includes a person who, at the relevant time, is the successor in office of a person referred to in paragraph (a)(ii)

residential building means a building that is used only or mainly for residential purposes

responsible person means a person who is authorised by section 133BJ or 133BK to exercise powers under this subpart

risk, other than in section 133BV,—

(a)

means a risk to—

(i)

persons, of injury or death; or

(ii)

buildings, of damage or of disruption to their use; or

(iii)

public thoroughfares, of disruption; or

(iv)

critical infrastructure, of damage or disruption to its operation or use; and

(b)

includes a risk of any kind associated with a building that is insanitary within the meaning of section 123

secured building means—

(a)

a building that—

(i)

is a defence area; or

(ii)

includes a part of a building that is a defence area; or

(iii)

is located on or in a defence area; or

(b)

any other building or a part of any other building that is used by—

(i)

the New Zealand Defence Force; or

(ii)

an intelligence and security agency; or

(iii)

the Ministry of Foreign Affairs and Trade

simple-unit residential building means a residential building other than a multi-unit residential building

state of emergency has the same meaning as in section 4 of the CDEM Act

transition period has the same meaning as in section 4 of the CDEM Act

works, in relation to a building, includes—

(a)

demolition of the whole or a part of the building; and

(b)

works on the land on which the building is situated.

(2)

A reference in this subpart to land on which a building is situated is a reference to—

(a)

the land beneath the building; and

(b)

any land surrounding the building that is used in connection with the use of the building.

(3)

A reference in sections 133BJ to 133BZA to a building includes a reference to a part of a building, so that powers under those provisions may be exercised only in relation to a relevant part of a building rather than the whole building.

(4)

Subsection (3) does not limit or affect the way in which any other provision of this Act applies in relation to parts of buildings.

(5)

If 2 or more territorial authorities are required or authorised by this subpart to make a decision or to exercise powers in relation to a designated area, each authority must do so only in relation to that part of the designated area for which that authority is responsible.

Section 133BB: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

Designation of areas for emergency management of buildings

Heading: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BC Designation of areas to which this subpart applies

(1)

If a state of emergency or a transition period is in force for an area under the CDEM Act, a relevant CDEM decision-maker may designate the whole or a part of that area for the purposes of this subpart.

(2)

If an emergency arises and there is no state of emergency or transition period in force,—

(a)

a territorial authority that is responsible for the whole or a part of the affected area may, with the approval of the Minister, designate the whole or any part of the affected area for the purposes of this subpart; or

(b)

the Minister may, on the Minister’s own initiative, designate the whole or any part of the affected area for the purposes of this subpart.

(3)

For the purposes of subsection (2)(a), a territorial authority may request the Minister’s approval only for an area for which the authority is responsible, but 2 or more territorial authorities may make a joint request.

Section 133BC: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BD Decisions about designations (other than termination)

(1)

A person may only make a designation decision if satisfied that the proposed decision is—

(a)

in the public interest; and

(b)

necessary or desirable for the protection of—

(i)

persons, from injury or death; or

(ii)

buildings, from damage or disruption to their use; or

(iii)

public thoroughfares, from disruption; or

(iv)

critical infrastructure, from damage or disruption to its operation or use; or

(v)

persons or buildings, from the effects of the insanitary condition (if applicable) of a building in the relevant area.

(2)

A person making a designation decision must, to the extent that is practicable in the circumstances, have regard to the following matters:

(a)

the scale and degree of the impact of the emergency and of its effects on buildings in the relevant area:

(b)

the likelihood of a further emergency or any other relevant event occurring that could cause—

(i)

buildings in the relevant area to pose increased or additional risks; or

(ii)

land in the relevant area to pose a risk to a building:

(c)

the principle that it is preferable that risks be managed, if possible, without the exercise or continued exercise of powers under this subpart.

(3)

A person making a decision to designate an area under section 133BC(1) must notify the Minister of the proposed designation.

(4)

In this section, designation decision means a decision—

(a)

to designate an area under section 133BC:

(b)

to extend a designation under section 133BH:

(c)

by the Minister, to approve a proposed designation under section 133BC(2)(a) or approve a proposed extension of a designation under section 133BH(1)(b) or (c)(ii):

(d)

to extend, under section 133BQ(9) or 133BW(9), the period during which certain powers may be exercised in a designated area:

(e)

made after a review under section 133BG.

Section 133BD: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BE Public notice of designation

(1)

A person who designates an area under section 133BC must, as soon as practicable, notify the public of the designation by publishing the designation on an Internet site that is publicly accessible free of charge.

(2)

If it is not practicable to comply with subsection (1), the person must publicly notify the designation by any other means that the person considers appropriate in the circumstances.

(3)

Notice under this section must—

(a)

describe the designated area; and

(b)

describe the relevant emergency; and

(c)

specify the time at which and the date on which the designation decision was made.

(4)

A failure to comply with this section does not invalidate a designation.

Section 133BE: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BF Commencement and duration of designation

(1)

A designation comes into force at the time and on the date that the designation is made.

(2)

Subject to this section, a designation ends at the end of the day that is 3 years after the date on which it comes into force, unless extended or terminated sooner.

(3)

A designation that is extended under section 133BH ends at the time and on the date specified in the public notification under section 133BH(3).

(4)

A designation that is terminated ends at the time and on the date specified in the public notification under section 133BI(4).

(5)

If a state of emergency or a transition period referred to in section 133BC(1) ends before a designation made under that provision ends, the designation continues until it ends in accordance with this section.

Section 133BF: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BG Periodic review of designation

(1)

A person described in subsection (2) must, at least every 90 days, review each designation under this subpart and, having regard to the matters set out in section 133BD(1) and (2), decide whether the designation is still needed.

(2)

The persons are,—

(a)

for a designation made under section 133BC(1), while the state of emergency or transition period is in force, the relevant CDEM decision-maker who made the designation:

(b)

for a designation made under section 133BC(1), after the state of emergency or transition period ends, the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:

(c)

for a designation made under section 133BC(2)(a), the territorial authority that is performing functions and duties and exercising powers under this subpart in relation to the designated area:

(d)

for a designation made under section 133BC(2)(b), the Minister.

(3)

A person who reviews a designation must notify the outcome of the review in accordance with section 133BE (and that section applies to the notification as if a reference in that section to a designation were a reference to the outcome of the review).

(4)

Notification under subsection (3) must include details of any exercise of a power under the CDEM Act in accordance with section 133BL(2).

Section 133BG: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BH Extension of designation

(1)

Before a designation ends under this subpart, its duration may be extended as follows:

(a)

a designation made under section 133BC(1) while the state of emergency or transition period is in force may be extended by—

(i)

the relevant CDEM decision-maker who made the designation; or

(ii)

another relevant CDEM decision-maker; or

(iii)

the Minister, on the Minister’s own initiative:

(b)

a designation made under section 133BC(1) after the state of emergency or transition period ends may, with the Minister’s approval, be extended by the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:

(c)

a designation made under section 133BC(2)(a) may, if no state of emergency was declared and no transition period was notified after the designation was made, be extended by—

(i)

the Minister; or

(ii)

with the Minister’s approval, the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:

(d)

a designation made under section 133BC(2)(a) may, if a state of emergency was declared or a transition period was notified after the designation was made, be extended by—

(i)

the Minister; or

(ii)

the relevant CDEM decision-maker who declared the state of emergency or notified the transition period (as the case may be); or

(iii)

another relevant CDEM decision-maker:

(e)

a designation made under section 133BC(2)(b) may, if no state of emergency was declared and no transition period was notified after the designation was made, be extended by the Minister:

(f)

a designation made under section 133BC(2)(b) may, if a state of emergency was declared or a transition period was notified after the designation was made, be extended by—

(i)

the Minister; or

(ii)

the relevant CDEM decision-maker who declared the state of emergency or notified the transition period (as the case may be); or

(iii)

another relevant CDEM decision-maker.

(2)

An extension of a designation—

(a)

must be for no more than 3 years:

(b)

may relate to the whole or a part of the designated area:

(c)

may be made once only.

(3)

A person who extends a designation must—

(a)

notify the extension in accordance with section 133BE (and that section applies to the notification as if a reference in that section to a designation were a reference to the extension); and

(b)

include in the notice the time and date to which the designation is extended.

Section 133BH: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BI Termination of designation

(1)

Before a designation ends under section 133BF(2) or (3), it may be terminated by the persons who may extend the designation under section 133BH(1) in the circumstances set out in that subsection.

(2)

A person must not terminate a designation unless the person is satisfied that the designation is no longer in the public interest.

(3)

A termination of a designation may relate to the whole or a part of the designated area.

(4)

A person who terminates a designation must notify the termination in accordance with section 133BE, and that section applies to the notification as if a reference in that section to a designation were a reference to the termination.

Section 133BI: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

Management of buildings in designated areas

Heading: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BJ Responsible persons may exercise powers under this subpart

(1)

This section and section 133BK set out who may exercise the powers under sections 133BQ to 133BX and 133BZA in a designated area.

(2)

If no state of emergency or transition period is in force at the same time as the designation, the powers may be exercised,—

(a)

if the area was designated under section 133BC(1), by the territorial authority that is responsible for the designated area:

(b)

if the area was designated under section 133BC(2)(a), by the territorial authority that made the designation:

(c)

if the area was designated under section 133BC(2)(b),—

(i)

by the Minister; or

(ii)

on direction by the Minister, by the territorial authority that is responsible for the designated area.

(3)

If a state of emergency or transition period is in force at the same time as the designation, the powers may be exercised by a person described in section 133BK.

(4)

The Minister may give directions to a territorial authority that is exercising powers under subsection (2).

(5)

A direction given by the Minister may—

(a)

require a power to be exercised or not to be exercised; and

(b)

relate to any or all powers under sections 133BQ to 133BX and 133BZA; and

(c)

relate to a specified building, a specified class of building, or all buildings in the designated area.

(6)

A territorial authority must comply with a direction.

(7)

The Minister may amend, revoke, or replace a direction at any time.

Section 133BJ: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BK CDEM Act officers as responsible persons

(1)

This section sets out who may exercise powers under sections 133BQ to 133BX and 133BZA for the purposes of section 133BJ(3).

(2)

The powers may be exercised as follows:

(a)

the power under section 133BQ (post-event assessments) may be exercised,—

(i)

during a state of emergency, by a Controller (or a person acting under the Controller’s authority):

(ii)

during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):

(b)

the power under section 133BR (evacuation) may be exercised,—

(i)

during a state of emergency, by a Controller or a constable (or a person acting under that person’s authority):

(ii)

during a transition period, by a Recovery Manager or a constable (or a person acting under that person’s authority):

(c)

the power under section 133BS (measures to keep people at safe distance and protect building) or section 133BT (notices and signs on buildings) may be exercised,—

(i)

during a state of emergency, by a Controller (or a person acting under the Controller’s authority):

(ii)

during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):

(d)

the power under section 133BU (owner directed to give information) or section 133BZA(3)(a) (bring forward due date for provision of assessment or information) may be exercised,—

(i)

during a state of emergency, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):

(ii)

during a transition period, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):

(e)

the power under section 133BV (urgent works to remove or reduce risks), section 133BW (works to remove or reduce other risks), section 133BX (works for long-term use or occupation of building), or section 133BZA(3)(b) (bring forward deadline for completing seismic work) may be exercised,—

(i)

during a state of emergency, by the CDEM Group (or a person acting under the Group’s authority):

(ii)

during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority).

(3)

For the purposes of subsection (2),—

(a)

a responsible person who is a Group Controller must comply with section 28(4) of the CDEM Act:

(b)

a responsible person who is a Local Controller must comply with section 27(2) of the CDEM Act:

(c)

a responsible person who is a Group Recovery Manager must comply with section 30A(5) of the CDEM Act:

(d)

a responsible person who is a Local Recovery Manager must comply with section 30(2) of the CDEM Act.

(4)

In this section,—

CDEM Group means a Civil Defence and Emergency Management Group within the meaning of the CDEM Act

Controller, Director, Group Controller, Group Recovery Manager, Local Controller, Local Recovery Manager, and Recovery Manager have the same meanings as in the CDEM Act.

Section 133BK: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BL Powers under this subpart take precedence over CDEM Act powers

(1)

A responsible person who is described in section 133BK(2) must not exercise powers under the CDEM Act for the purpose of managing buildings in the designated area.

(2)

Subsection (1) does not apply if the responsible person believes that it is necessary or desirable to exercise a power under the CDEM Act to remove or reduce risks posed by the building that cannot be removed or reduced by exercising a power under any of sections 133BQ to 133BX and 133BZA.

Section 133BL: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BM Effect of previously issued CDEM Act notices

(1)

This section applies if—

(a)

a state of emergency or transition period is in force for a part of the period during which a designation of an area under section 133BC is in force; and

(b)

the responsible person—

(i)

has exercised a power under the CDEM Act in the area before the area was designated; or

(ii)

exercises a power under the CDEM Act in the area in accordance with section 133BL(2).

(2)

Before the state of emergency or transition period ends, the responsible person may determine that any equivalent CDEM Act notice that is issued or given in relation to a building in the area (whether or not a notice, direction, or other requirement is issued or given under this subpart in relation to the same building) should continue in force under this subpart.

(3)

If a determination is made under subsection (2), the equivalent CDEM Act notice must be treated as continuing in force under the corresponding provision of this subpart, subject to any conditions that the relevant responsible person considers necessary or desirable to remove or reduce risks posed by the relevant building.

(4)

In this section, equivalent CDEM Act notice means a notice, direction, or other requirement under the CDEM Act of a class that is substantially similar in effect to a class of notice, direction, or other requirement under this subpart.

Section 133BM: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BN Principles for exercise of powers

A responsible person exercising a power under any of sections 133BQ to 133BX and 133BZA in relation to a building must, to the extent that is practicable in the circumstances, have regard to the following principles:

(a)

the paramount consideration in the exercise of those powers is the protection of human life and safety:

(b)

actions taken should be proportionate to the risks being managed:

(c)

actions should result in minimal restriction of the ability of an owner or occupier to continue to use and occupy property and any restriction of that ability should be for no longer than is reasonably necessary:

(d)

decisions should be based on—

(i)

up-to-date information, including information about the possible occurrence of further emergencies or other relevant events and other changes in the type and severity of risks arising from an emergency:

(ii)

information about possible future events.

Section 133BN: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BO Power to enter building or land

(1)

A responsible person or a constable may enter a building or land for the purpose of exercising the power under section 133BR (evacuation).

(2)

A responsible person may enter a building or land for the purpose of exercising a power under—

(a)

section 133BS (measures to keep people at safe distance and protect building); or

(b)

section 133BT (notices and signs on buildings); or

(c)

section 133BV (urgent works to remove or reduce risks); or

(d)

section 133BW (works to remove or reduce other risks); or

(e)

section 133BX (works for long-term use or occupation of building).

(3)

A person who is exercising a power of entry under this section must—

(a)

carry proof of identity; and

(b)

on request by the owner or occupier (including a request made at a later time),—

(i)

produce that proof of identity; or

(ii)

produce evidence or give a general explanation of the authority under which the person is acting and the power that the person is exercising.

Section 133BO: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BP Exercise of powers in secured buildings

A responsible person who is exercising a power under any of sections 133BQ to 133BX and 133BZA in relation to a secured building must exercise that power in accordance with instructions given to the responsible person by the officer in charge of the building.

Section 133BP: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BQ Post-event assessments

(1)

A responsible person may inspect the exterior and interior of a building or any land in a designated area and prepare a post-event assessment of any risks posed by or to the building.

(2)

The post-event assessment must be prepared—

(a)

in accordance with the methodology (if any) approved by the chief executive; and

(b)

in writing and in the form (if any) approved by the chief executive.

(3)

If a responsible person has reasonable grounds for believing entry to be necessary for making the post-event assessment of a building, the responsible person may—

(a)

enter a simple-unit residential building or a household unit within a simple-unit residential building only—

(i)

with the occupier’s consent; or

(ii)

in accordance with a warrant issued under this section:

(b)

enter any other building, any land on which any building (including land under or around a simple-unit residential building) is situated, or any other land in the designated area, at any time after taking any steps that the responsible person considers reasonable in the circumstances to obtain the occupier’s consent to entry.

(4)

In entering and inspecting a building or land, or any household unit or other part of a building, a responsible person—

(a)

may use any means that are reasonable in the circumstances; and

(b)

must take all reasonable steps to ensure that minimal damage is caused to the building.

(5)

A responsible person who does not hold a warrant issued under this section must not enter a building in the presence of the occupier unless the responsible person has—

(a)

told the occupier the reason for the proposed entry; and

(b)

produced evidence of the person’s identity and authority to enter for inspection; and

(c)

told the occupier that the occupier may consent, or refuse to consent, to the entry.

(6)

If a responsible person enters and inspects a building or land in the absence of the occupier, the responsible person must, before leaving, leave in the building a notice stating—

(a)

the responsible person’s identity; and

(b)

the date and time of entry; and

(c)

the purpose of the entry.

(7)

A notice under subsection (6) must be in the form (if any) approved by the chief executive.

(8)

A responsible person must not enter and inspect a building or land under subsection (3)(b) after the day that is 6 months after the date on which the designation for the designated area comes into force, except—

(a)

with the occupier’s consent to entry; or

(b)

in accordance with a warrant issued under this section.

(9)

The period under subsection (8) may be extended—

(a)

by—

(i)

the person who designated the area; or

(ii)

another person (if any) who can extend the designation of the area under section 133BH:

(b)

by up to 3 months:

(c)

once only.

(10)

The responsible person must apply for a warrant for the purpose of subsections (3)(a)(ii) and (8)(b) in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which applies with any necessary modifications.

(11)

An issuing officer may, on application, issue a warrant to enter a building if the officer reasonably considers that entry is necessary to make a post-event assessment.

(12)

The warrant authorises the responsible person to enter and inspect the building or unit.

Section 133BQ: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BR Evacuation

(1)

A responsible person or a constable may direct the evacuation of a building in a designated area if satisfied that evacuation is necessary to prevent the death or injury of any person in the designated area.

(2)

A responsible person or a constable may give a direction under subsection (1) before exercising any other power under this subpart in relation to the building.

(3)

A person who intentionally fails, without reasonable excuse, to comply with a direction—

(a)

commits an offence; and

(b)

is liable on conviction,—

(i)

in the case of an individual, to a fine not exceeding $5,000:

(ii)

in the case of a body corporate, to a fine not exceeding $50,000.

Section 133BR: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BS Measures to keep people at safe distance and protect building

(1)

A responsible person may put in place measures that the person considers reasonably necessary—

(a)

to keep people at a safe distance from a building in a designated area; or

(b)

to protect a building in the designated area from being damaged.

(2)

Measures may include—

(a)

the installation of a hoarding or fence to prevent people from approaching the building; and

(b)

measures that prevent or limit public access, with or without vehicles, to any road or other public place near the building; and

(c)

measures intended to prevent the building or debris from the building harming people (for example, by the collapse of a roof or wall); and

(d)

measures that allow limited access for a purpose that the responsible person considers appropriate.

(3)

If measures have been in place for more than 3 months,—

(a)

the owner of the building is liable for the costs of continuing to take the measures after that period; and

(b)

the responsible person may recover those costs from the owner; and

(c)

the amount recoverable becomes a charge on the land on which the building is situated.

(4)

A person who approaches or enters a building after intentionally bypassing a measure put in place under this section—

(a)

commits an offence; and

(b)

is liable on conviction,—

(i)

in the case of an individual, to a fine not exceeding $5,000:

(ii)

in the case of a body corporate, to a fine not exceeding $50,000.

(5)

A person who intentionally damages, alters, removes, or otherwise interferes with a measure put in place under this section, or who incites another person to do so,—

(a)

commits an offence; and

(b)

is liable on conviction,—

(i)

in the case of an individual, to a fine not exceeding $5,000:

(ii)

in the case of a body corporate, to a fine not exceeding $50,000.

(6)

Subsections (4) and (5) do not apply to a person exercising a power under