Building Amendment Bill (No 3)

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Hon Maurice Williamson

Building Amendment Bill (No 3)

Government Bill



Explanatory note

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 New section 3 substituted

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

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

Low-risk building consent

Simple residential building consent

Standard building consent

Commercial building consent

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

Who may carry out or supervise simple residential building work

Who may carry out or supervise restricted building work

19 New section 85 substituted

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

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

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

30 Time in which building consent authority must decide whether to issue code compliance certificate

31 New sections 94 to 94C substituted

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

37 New section 102A inserted

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

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

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

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

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

Part 2
Miscellaneous provisions

78 Consequential and other amendments

79 Transitional provisions

New Schedules 1A to 1H inserted

The Parliament of New Zealand enacts as follows: