Building Amendment Bill (No 4)

  • enacted

Hon Maurice Williamson

Building Amendment Bill (No 4)

Government Bill


As reported from the Local Government and Environment Committee




1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation

5 Role of chief executive

5A New section 14G inserted

6 How compliance with building code is established

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

8 New heading above section 22 substituted

9 New sections 22 to 25A substituted

10 New heading above section 29 substituted

11 Procedural requirements for compliance documents, warnings, and bans

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

12A Applications for national multiple-use approval relating to design work that is restricted building work

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

14 When building consent is not required

15 New section 42A inserted

15A How to apply for building consent

15B Licensed building practitioner to provide record of work in respect of restricted building work

15C Application for code compliance certificate

16 Content of compliance schedule

16A Alterations to existing buildings

16B Code compliance requirements: change of use

16C Code compliance requirements: subdivision

17 Compliance document for requirements of persons with disabilities

18 Heading above section 121 amended

19 New section 121A inserted

20 Heading above section 124 amended

21 New section 124 substituted

22 Requirements for notice given under section 124

23 Territorial authority may carry out work

24 Building work includes demolition of building

25 New section 128 substituted

26 New section 128A inserted

27 New section 132A inserted

28 Dams to which subpart 7 provisions apply

29 New sections 133B and 133C and heading inserted

30 New sections 134 to 134C substituted

31 New section 135A inserted

32 Requirement for dam safety assurance programme

33 Owner must provide dam safety assurance programme to regional authority

34 Review of dam safety assurance programme

34A New sections 148A and 148B inserted

34B Who is recognised engineer

35 Owner of dam must supply annual dam compliance certificate

36 New section 153B inserted

37 Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams

38 Complaints about building consent authorities

39 Procedure if chief executive proceeds to investigate complaint or matter

40 Disciplinary powers of chief executive

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

41A New sections 207A and 207B inserted

42 Access to certain information kept by territorial authority

43 Sections 229 to 231 and heading above section 229 repealed

44 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

45 Section 362A renumbered

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

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

48 Application of section 363 to building work where consent granted, or work begun, before 31 March 2005

49 Section 364 repealed

50 Interpretation

51 New sections 371A to 371D inserted

52 New section 374 substituted

53 Offences punishable on summary conviction

54 Building consent authority not liable

55 Sections 396 to 399 and heading above section 396 repealed

56 Regulations: general

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

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

59 Requirement to consult

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

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

62 New Schedule 1 substituted

Part 2
Miscellaneous provisions

62A Building Amendment Act 2012 amended

62B Amendments to correct use of new terminology

63 Fencing of Swimming Pools Act 1987 amended

64 Local Government Official Information and Meetings Act 1987 amended

65 Health and Safety in Employment Act 1992 amended

65A Building (Infringement Offences, Fees, and Forms) Regulations 2007 amended

66 Transitional provision for compliance documents

New Schedule 1 substituted

Legislative history

The Parliament of New Zealand enacts as follows: