Building Amendment Act 2013

Reprint as at 1 January 2015

Building Amendment Act 2013

Public Act2013 No 100
Date of assent27 November 2013
Commencementsee section 2


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.


1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation

5 Role of chief executive

6 Outline of responsibilities under this Act

7 New section 14G inserted

8 How compliance with building code is established

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

10 New heading above section 22 substituted

11 New sections 22 to 25A substituted

12 New heading above section 29 substituted

13 Procedural requirements for compliance documents, warnings, and bans

14 Procedural requirements for urgent compliance documents, warnings, and bans

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

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

17 When building consent is not required

18 New section 42A inserted

19 How to apply for building consent

20 Licensed building practitioner to provide record of work in respect of restricted building work

21 Application for code compliance certificate

22 Content of compliance schedule

23 Alterations to existing buildings

24 Code compliance requirements: change of use

25 Code compliance requirements: subdivision

26 Compliance document for requirements of persons with disabilities

27 Heading above section 121 amended

28 New section 121A inserted

29 Heading above section 124 amended

30 New section 124 substituted

31 Requirements for notice given under section 124

32 Territorial authority may carry out work

33 Building work includes demolition of building

34 New section 128 substituted

35 New section 128A inserted

36 New section 132A inserted

37 Dams to which subpart 7 provisions apply

38 New sections 133B and 133C and heading inserted

39 New sections 134 to 134C substituted

40 New section 135A inserted

41 Requirement for dam safety assurance programme

42 Owner must provide dam safety assurance programme to regional authority

43 Review of dam safety assurance programme

44 New sections 148A and 148B inserted

45 Who is recognised engineer

46 Owner of dam must supply annual dam compliance certificate

47 New section 153B inserted

48 New section 175A inserted

49 Complaints about building consent authorities

50 Procedure if chief executive proceeds to investigate complaint or matter

51 Disciplinary powers of chief executive

52 Special powers of chief executive for monitoring performance of functions under this Act

53 New sections 207A and 207B inserted

54 Access to certain information kept by territorial authority

55 Sections 229 to 231 and heading above section 229 repealed

56 New Part 4A inserted

Preliminary provisions

Pre-contract information

Minimum requirements for residential building contract

Implied warranties

Remedies for breach of implied warranty

Remedy of defect notified within 1 year of completion

Exclusion of liability for event not attributable to fault of building contractor or on-seller

Information and documentation to be provided on completion of residential building contract

Offence by commercial on-seller

57 Section 362A renumbered

58 Protecting safety of members of public using premises open to public or intended for public use

59 Public use of premises may be allowed before issue of code compliance certificate in some circumstances

60 Section 364 repealed

61 Interpretation

62 New sections 371A to 371D inserted

63 New section 374 substituted

64 Offences punishable on summary conviction

65 Building consent authority not liable

66 Sections 396 to 399 and heading above section 396 repealed

67 Regulations: general

68 Incorporation of material by reference into regulations, certain Orders in Council, and compliance document

69 Effect of amendment to, or replacement of, material incorporated by reference

70 Requirement to consult

71 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference

72 Transitional provision for document used in establishing compliance with building code

73 New Schedule 1 substituted

Part 2
Miscellaneous provisions

74 Building Amendment Act 2012 amended

75 Amendments to correct use of new terminology

76 Fencing of Swimming Pools Act 1987 amended

77 Local Government Official Information and Meetings Act 1987 amended

78 Health and Safety in Employment Act 1992 amended

79 Building (Infringement Offences, Fees, and Forms) Regulations 2007 amended

80 Transitional provision for compliance documents

New Schedule 1 substituted

Reprint notes

The Parliament of New Zealand enacts as follows: