Building Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

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,—

(a)

in the case of an individual, to a fine not exceeding $50,000:

(b)

in the case of a body corporate, to a fine not exceeding $150,000.

(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): replaced, on 8 June 2021, by section 33 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

Section 108(7): replaced, on 13 March 2012, by section 47(3) of the Building Amendment Act 2012 (2012 No 23).