Hon Maurice Williamson
Government Bill
253—1
Explanatory note
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 New section 3 substituted
3 Purposes
5 Principles to be applied in performing functions or duties, or exercising powers, under this Act
6 Interpretation
7 Building: what it means and includes
8 Building: what it does not include
9 Role of chief executive
10 New subpart 4 of Part 1 added
Subpart 4—Outline of responsibilities under this Act
14A Outline of responsibilities under this Act
14B Responsibilities of owner
14C Responsibilities of owner-builder
14D Responsibilities of designer
14E Responsibilities of builder
14F Responsibilities of building consent authority
11 Outline of this Part
12 Limits on certain powers of building consent authority in cases involving bans under section 26
13 Territorial authority may issue development contribution notice
14 New heading substituted
15 New sections 41 to 52Y substituted
41 Types of building consent
42 When building consent is not required
43 Meaning of urgent building work
44 Owner must apply for certificate of acceptance if building work carried out urgently
45 Energy work that requires building consent
46 When to apply for building consent
47 Which type of building consent to apply for
48 How to apply for building consent
49 Referral of certain applications for building consent to New Zealand Fire Service Commission
50 New Zealand Fire Service Commission may give advice on applications referred under section 49
51 Processing application for building consent
52 Grant of building consent
52A Notice of refusal of application for building consent
52B Issue of building consent
52C Minor variations to building consent
52D Changes to plans and specifications that have national multiple-use approval
52E Lapse of building consent
52F Building consent authority may re-designate consent in certain cases
Low-risk building consent
52G Application for low-risk building consent
52H Grant of low-risk building consent
52I Responsibility of building consent authority in relation to building work carried out under low-risk building consent
52J Change in licensed building practitioner carrying out, or supervising, low-risk building work
Simple residential building consent
52K Application for simple residential building consent
52L Grant of simple residential building consent
52M Responsibility of building consent authority in relation to building work carried out under simple residential building consent
Standard building consent
52N Application for standard building consent
52O Grant of standard building consent
Commercial building consent
52P Approval required before application for commercial building consent may be made
52Q Approved risk profile
52R Approved quality assurance system
52S Application for commercial building consent
52T Grant of commercial building consent
52U Owner must notify building consent authority of change affecting risk profile
52V Amendment to approved risk profile or approved quality assurance system after grant of building consent
52W Owner must provide building consent authority with information relating to quality assurance system
52X Powers ancillary to building consent authority's power of inspection of commercial building work
52Y Offence to make false or misleading statement in relation to commercial building work
16 Applicant for building consent liable to pay levy
17 Payment of levy if building work completed in stages
18 New headings and sections 84 to 84G substituted
Who may carry out or supervise low-risk building work
84 Who may carry out or supervise low-risk building work
84A Offences relating to carrying out or supervising low-risk building work
84B Offence to engage another person to carry out or supervise low-risk building work if person is not licensed building practitioner
Who may carry out or supervise simple residential building work
84C Who may carry out or supervise simple residential building work
84D Offences relating to carrying out or supervising simple residential building work
84E Offence to engage another person to carry out or supervise simple residential building work if person is not licensed building practitioner
84F Owner must notify names of licensed building practitioners engaged in simple residential building work
Who may carry out or supervise restricted building work
84G Who may carry out or supervise restricted building work
19 New section 85 substituted
85 Offences relating to carrying out or supervising restricted building work
20 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
21 Owner must notify names of licensed building practitioners engaged in restricted building work
22 New section 87A inserted
87A Notices to building consent authority when owner-builder carries out restricted building work
23 Licensed building practitioner to certify or provide memorandum about restricted building work
24 Inspections by building consent authorities
25 New subpart 4A of Part 2 inserted
Subpart 4A—Restricted building work carried out by owner-builders
90A Purpose of this subpart
90B Meaning of owner-builder
90C Meaning of relevant interest
90D Owner-builder exemption
26 Heading to subpart 5 of Part 2 amended
27 New heading substituted
Consent completion certificates
28 Building consent authority that grants building consent to issue code compliance certificate
29 New section 92 substituted
92 Application for consent completion certificate
30 Time in which building consent authority must decide whether to issue code compliance certificate
31 New sections 94 to 94C substituted
94 Issue of consent completion certificate for work under low-risk building consent
94A Issue of consent completion certificate for work under simple residential building consent
94B Issue of consent completion certificate for work under standard building consent
94C Issue of consent completion certificate for work under commercial building consent
32 Issue of code compliance certificate
33 Refusal to issue code compliance certificate
34 Territorial authority may issue certificate of acceptance in certain circumstances
35 Requirement for compliance schedule
36 New section 102 substituted
102 When compliance schedule must be issued
37 New section 102A inserted
102A Procedure for obtaining compliance schedule where building consent not required
38 Content of compliance schedule
39 Obligations of owner if compliance schedule is issued
40 Application by owner for amendment to compliance schedule
41 Annual building warrant of fitness
42 Territorial authority must consider recommendation to amend compliance schedule
43 Owner must obtain reports on compliance schedule
44 Meaning of dangerous building
45 Issue of notice to fix
46 New section 168A inserted
168A Chief executive's functions in relation to this Act
47 Meaning of party
48 Application for determination
49 Appeals to District Court
50 Territorial authority must keep information about buildings
51 Inspections by territorial authority
52 Duty to assist inspections
53 Duties of building consent authority
54 Purposes of licensing building practitioners
55 Licensing classes may be designated by regulations
56 Registrar must contact licensed building practitioners on annual basis
57 New heading and sections 314A and 314B inserted
Code of ethics and competence
314A Code of ethics for licensed building practitioners
314B Licensed building practitioner must work within competence
58 Grounds for discipline of licensed building practitioners
59 Board's functions
60 Protecting safety of members of public using premises open to public or intended for public use
61 Public use of premises may be allowed before issue of code compliance certificate in some circumstances
62 Section 363B repealed
63 New section 363C substituted
363C Section 363 does not apply to building work commenced before 31 March 2005
64 Strict liability and defences
65 Civil proceedings against building consent authorities
66 Building consent authority not liable
67 Limitation defences
68 Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
69 New section 401A inserted
401A Regulations: building consents and consent completion certificates
70 Regulations: general
71 Transitional provision for building consents granted under former Act
72 Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
73 Transitional provision for issue of certificate of acceptance
74 Transitional provision for code compliance certificates and compliance schedules issued under former Act
75 Schedule 1 amended
76 New Schedules 1A to 1H inserted
77 Schedule 3 amended
34 Appointment of subcommittee to deal with complaints and licensing appeals
Part 2Miscellaneous provisions
78 Consequential and other amendments
79 Transitional provisions
Schedule New Schedules 1A to 1H inserted
The Parliament of New Zealand enacts as follows: