In this Act, unless the context otherwise requires,—

In this Act, unless the context otherwise requires, the term “building” means any temporary or permanent movable or immovable structure (including any structure intended for occupation by people, animals, machinery, or chattels); and includes any mechanical, electrical, or other system, and any utility systems, attached to and forming part of the structure whose proper operation is necessary for compliance with the building code; but does not include—

For the purposes of a building consent, a code compliance certificate, and a compliance schedule the term “building” also includes—

For the purposes of subsection (2) of this section, where any utility system or any part of any utility system—

that utility system or that part of the utility system shall be deemed to be part of a building.

Notwithstanding the provisions of subsection (3) of this section, where a septic tank is connected to a building utility system the septic tank shall be deemed to form part of that building utility system.

In this Act, the term “allotment” means any parcel of land that is a continuous area of land and whose boundaries are shown on a survey plan that is—

For the purpose of subsection (1) of this section, the subdivision shown on the survey plan referred to in that subsection is—

For the purposes of subsection (1) of this section, an allotment shall be deemed to be a continuous area of land notwithstanding that part of it is physically separated from any other part by a road or in any other manner whatsoever, unless the division of the allotment into such parts has been allowed by a subdivision consent granted under the Resource Management Act 1991 or a subdivision approval under any former enactment relating to the subdivision of land.

Except as provided in subsections (2) and (3) of this section, this Act shall bind the Crown.

This Act does not apply to any Crown building or any Crown building work where the Minister of Defence certifies in writing that the building or the building work is necessary for reasons of national security.

The Crown shall not be liable to be prosecuted for an offence against this Act, but in any case where it is alleged that the Crown has contravened any provision of this Act or of the building code and that contravention constitutes an offence, the territorial authority within whose district the alleged contravention occurred may apply to the High Court for a declaration that the Crown has contravened that provision; and, if that Court is satisfied, beyond a reasonable doubt, that the Crown has contravened that provision, it may make a declaration accordingly.

The purposes of this Act are to provide for—

To achieve the purposes of this Act, particular regard shall be had to the need to—

In determining the extent to which the matters provided for in subsection (1) of this section shall be the subject of control, due regard shall be had to the national costs and benefits of any control, including (but not by way of limitation) safety, health, and environmental costs and benefits.

All building work shall comply with the building code to the extent required by this Act, whether or not a building consent is required in respect of that building work.

Except as specifically provided to the contrary in any Act, no person, in undertaking any building work, shall be required to achieve performance criteria additional to or more restrictive in relation to that building work than the performance criteria specified in the building code.

Except as specifically provided to the contrary in this Act, nothing in this Act shall be read as requiring any building, the construction of which was completed or commenced before the coming into force of Part VI of this Act, to meet the requirements of the building code.

Every person who exercises or carries out functions, powers, or duties or is required to do anything under this Act for which no time limits are prescribed shall do so as promptly as is reasonable in the circumstances.

There is hereby established a body to be known as the Building Industry Authority.

The Authority shall be a body corporate with perpetual succession and a common seal.

The Authority shall be capable of—

The Authority shall be a Crown agency for the purposes of the Public Finance Act 1989, and, notwithstanding section 1(3a) of that Act, Part V of that Act shall apply to the Authority as if that Part of the Act were in force on the commencement of this section.

The provisions of the First Schedule to this Act shall have effect as to the constitution and proceedings of the Authority and other matters relating thereto.

The Authority shall consist of not more than 8 members appointed by the Minister.

When considering whether a person is suitable to be appointed as a member of the Authority, the Minister shall have regard to the need to ensure that the Authority possesses a mix of knowledge and experience in matters coming before the Authority, including knowledge and experience in—

The Authority shall have the following functions under this Act:

In carrying out its functions under subsection (1) of this section, the Authority shall consult with the New Zealand Fire Service Commission in respect of any of those functions which involve advice, approval, and determinations relating to—

Subject to this Act, in the exercise of its functions and powers the Authority shall establish for its use, and for the use of building referees, procedures that are appropriate and fair in the circumstances and shall comply with the principles of natural justice.

The Authority shall have all powers that are reasonably necessary or expedient to enable it to perform its functions.

Without limiting subsection (1) of this section, the Authority may—

In the performance and exercise of its functions, duties, and powers the Authority shall comply with any directions relating to the policy of the Government that are given by the Minister to the Authority by notice in writing.

Where a notice is given to the Authority under subsection (1) of this section, the Minister shall, as soon as practicable after the giving of the notice,—

The Authority may, of its own motion or at the request of the Minister, undertake a review of the operation by a territorial authority of the territorial authority’s functions under this Act.

In undertaking a review under subsection (1) of this section, the Authority shall give the territorial authority the opportunity to make written submissions to it.

If the Authority believes that a territorial authority is not fulfilling its functions under this Act it shall make a written report to the Minister.

In sections 17 to 21 of this Act, “party” means—

If any doubt or dispute arises in respect of—

any of the parties may apply to the Authority for a determination in respect of the doubt or dispute.

In determining an appropriate procedure for the purposes of subsection (1) of this section, the Authority shall—

Except as provided in section 81 of this Act, if any dispute or doubt arises which can be the subject of a determination, no proceedings, other than injunctive proceedings, shall be instituted in the District Court or the High Court unless the applicant in the Court, or any other party entitled to do so, has already applied for a determination of that dispute or doubt, and the Authority has made its determination.

Any consent, notice, certificate, or schedule issued by a territorial authority that is or arises out of a matter submitted to the Authority under subsection (1) of this section shall be deemed to be suspended pending the determination of that matter, but any direction in a notice under section 42 of this Act to cease building work for safety reasons shall remain in force pending the determination.

An application to the Authority under section 17 of this Act shall be limited to whether or not, or to what extent, particular building work or proposed building work (including any actual or proposed demolition) complies with all of the provisions, or with any particular provision, of the building code, or to whether or not the exercise by a territorial authority of the powers referred to in section 17(1)(d) of this Act is unreasonable in relation to the provisions of the building code.

The Authority—

If the applicant is unable to comply with any requirement of the Authority under subsection (1) of this section, the applicant shall notify the Authority of the reasons.

Any submission in respect of any application for a determination received by the Authority before it has determined the matter shall be considered by the Authority.

The applicant, and every person who has made a written submission, may speak (either personally or through a representative) and call evidence in support.

The Authority shall not make a decision until the applicant has been given an opportunity to study all submissions and to respond to them.

A determination by the Authority in relation to a matter referred to it under section 17 of this Act may incorporate waivers or modifications and conditions that a territorial authority is empowered to grant or impose and shall—

Without limiting the Authority’s powers under section 17 of this Act, the Authority may from time to time engage suitable persons (in this Act called “building referees”) for the purpose of holding inquiries in relation to applications under the said section 17.

Every such inquiry shall be held as expeditiously as possible and subsection (2) of section 17 and subsections (3) to (5) of section 19 of this Act shall apply in respect of every such inquiry.

A building referee may receive such relevant evidence and make such other inquiries as the building referee thinks fit, and all evidence and information so received or ascertained (otherwise than at a hearing attended by all the parties or their representatives) shall be disclosed to every party to the inquiry.

A building referee may receive any relevant evidence under this section, whether or not the evidence would be admissible in a Court of law.

On the completion of any inquiry—

Notice of any decision shall be sent to the Authority by a building referee, and the Authority shall give effect to the decision as if it were a determination of the Authority.

The Authority may delegate in writing to any committee appointed by the Authority, or to any of the Authority’s employees, any of the Authority’s functions, powers, rights, and duties under this Act, other than—

Any delegation under this section may be made on such terms and conditions as the Authority thinks fit, and may be revoked at any time by notice to the delegate.

Except as provided in the instrument of delegation, every person to whom any function, power, right, or duty has been delegated under this section may, without confirmation by the Authority, exercise or perform the function, power, right, or duty in like manner and with the same effect as the Authority could itself have exercised or performed it.

Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary.

A delegation under this section does not affect the performance or exercise of any function, power, right, or duty by the Authority.

The Authority may from time to time fix charges for exercising or performing any of its functions, powers, or duties under this Act or under the regulations.

Charges fixed under subsection (1) of this section may be specific amounts or may be determined by reference to scales of charges or other criteria determined or fixed by regulations made under this Act.

Where a standard charge fixed in accordance with subsection (1) of this section is, in any particular case, inadequate to enable the Authority to recover its actual and reasonable costs in respect of the matter concerned, the Authority may require the person who is liable to pay the standard charge to also pay an appropriate additional charge to the Authority.

When fixing charges pursuant to this section, the Authority shall fix the charge so as to recover the actual and reasonable costs incurred by it in respect of the exercise or performance of the function, power, or duty to which the charge relates; and may fix different charges for different costs it incurs in the exercise or performance of its various functions, powers, and duties under this Act.

The Authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in this section which would otherwise be payable.

Where a charge of a kind referred to in this section is payable to the Authority, it need not perform the action to which the charge relates until the charge has been paid to it in full.

Every territorial authority shall have the following functions under this Act within its district:

A territorial authority that has functions, powers, or duties under this Act may transfer any one or more of those functions, powers, or duties to another territorial authority in accordance with this section, other than this power of transfer.

A territorial authority that transfers any function, power, or duty under this section shall continue to be responsible for the exercise thereof.

A territorial authority shall not transfer any of its functions, powers, or duties under this section unless—

A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.

A territorial authority to which any function, power, or duty is transferred under this section may accept such transfer; and upon any such transfer, its functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty.

A territorial authority which has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.

A territorial authority to which any function, power, or duty has been transferred under this section may relinquish the transfer in accordance with the transfer agreement.

Every territorial authority shall gather such information, and undertake or commission such research, as is necessary to carry out effectively its functions under this Act.

Every territorial authority shall keep reasonably available information which is relevant to the administration of this Act to enable the public to be informed of their obligations and to participate effectively under this Act.

The information to be kept by a territorial authority under subsection (1) of this section shall be kept at least for the life of the building to which it relates, and shall include—

Subject to the Local Government Official Information and Meetings Act 1987, every person shall have the right to inspect the information referred to in subsections (1) and (2) of this section during ordinary office hours, other than any plan or specification that the person who submitted it, the owner, or any subsequent owner has marked as being confidential because of the need to safeguard the copyright of the plan or specification or because of any requirements of the owner of the building relating to the security of the building.

Subject to section 44a of the Local Government Official Information and Meetings Act 1987, a local authority shall make photocopying facilities available to persons who inspect documents under subsection (3) of this section, and may charge a reasonable fee for their use.

A territorial authority may from time to time, in accordance with section 690a of the Local Government Act 1974, fix charges of any or all of the following kinds:

Where a charge fixed in accordance with subsection (1) of this section is, in any particular case, inadequate to enable a territorial authority to recover its actual and reasonable costs in respect of the matter concerned, the territorial authority may require the person who is liable to pay the standard charge to also pay an appropriate additional charge to the territorial authority.

Where a territorial authority accepts a building certificate issued under section 56 of this Act, the territorial authority’s charge shall be reduced accordingly.

Where a charge of a kind referred to in this section is payable to a territorial authority, the territorial authority need not perform the action to which the charge relates until the charge has been paid to it in full.

If the Minister considers that any territorial authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister considers necessary to achieve the purposes of this Act, the Minister shall consult with the Minister of Local Government and may appoint, on such terms and conditions as the Minister thinks fit, one or more persons to exercise or perform all or any of those functions, powers, or duties in place of the territorial authority.

Before making any appointment under subsection (1) of this section, the Minister snail give the territorial authority at least 20 days’ notice in writing of the Minister’s intention to do so.

Any person appointed under subsection (1) of this section to exercise or perform the functions, powers, or duties of a territorial authority under this Act may do so as if the person were the territorial authority; and the provisions of this Act shall apply accordingly.

All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section, in exercising or performing any functions, powers, or duties of a territorial authority, shall be recoverable from the territorial authority as a debt due to the Minister or may be deducted from any money payable to the territorial authority by the Minister.

In making any such appointment the Minister shall specify the period for which the appointment is made, and it may from time to time be renewed.

Any person or persons appointed by the Minister may resign in writing addressed to the Minister by giving at least 30 days’ notice.

In determining whether any appointment under this section should be renewed or whether a new appointment should be made, the Minister shall consider whether the territorial authority is capable of exercising its powers, functions, and duties under this Act, and, if the Minister considers the territorial authority is so capable, the territorial authority shall be directed by the Minister to resume those powers, functions, and duties.

An owner who is contemplating undertaking any building work for which a building consent is required may, without applying for a building consent under section 33 of this Act, apply to the territorial authority for a project information memorandum in respect of the work.

If no application is made under subsection (1) of this section, an application under section 33 of this Act shall be deemed to include an application for a project information memorandum.

Every application for a project information memorandum shall be in the prescribed form and be accompanied by—

After considering an application for a project information memorandum, the territorial authority shall issue the memorandum, within the prescribed period, if it is satisfied that it has received all information required under section 30 of this Act.

Every project information memorandum shall include—

Every project information memorandum shall further include, either—

For the purposes of this section, the land concerned shall be the land on which the proposed building work is to be undertaken and any other land likely to affect or be affected by the building work.

Where any project information memorandum contains any information previously supplied to the territorial authority by any network utility operator or any statutory organisation that has power to classify land or buildings, a copy of the memorandum shall be supplied by the territorial authority to that operator or that organisation.

It shall not be lawful to carry out building work except in accordance with a consent to carry out building work (in this Act called a “building consent”), issued by the territorial authority, in accordance with this Act.

This section shall not apply in respect of—

The Governor-General may from time to time, by Order in Council, add any building work or class of building work to the Third Schedule to this Act as being building work for which a building consent is not required.

An owner intending to carry out any building work shall, before the commencement of the work, apply to the territorial authority for a building consent in respect of the work.

Every application for a building consent shall be in the prescribed form and be accompanied by the charge fixed by the territorial authority in relation to the making of the application, and by such plans and specifications and other information as the territorial authority reasonably requires.

A series of applications for building consent may be made in respect of stages of the proposed building work.

An application for an amendment to a building consent shall be made in the same manner as the original application.

Subject to section 34(3) of this Act, a territorial authority may, at its discretion, accept from the applicant a producer statement establishing compliance with all or any of the provisions of the building code.

The territorial authority shall grant or refuse an application for a building consent within the prescribed period.

A territorial authority may, within the prescribed period, require further reasonable information in respect of the application and, for the purposes of this Act, the prescribed period shall be deemed to have been suspended until the further information is received by the territorial authority.

After considering an application for building consent, the territorial authority shall grant the consent if it is satisfied on reasonable grounds that the provisions of the building code would be met if the building work was properly completed in accordance with the plans and specifications submitted with the application.

The territorial authority may grant a building consent subject to—

In formulating any conditions under subsection (4) of this section, the territorial authority shall have due regard to the provisions of the building code and the matters set out in section 47 of this Act.

Notwithstanding subsection (4) of this section, the question of whether there should be an exemption from the requirement for a fence to be provided in respect of any particular swimming pool shall be a matter to be determined in accordance with the Fencing of Swimming Pools Act 1987.

Notwithstanding subsection (4) of this section, in relation to any building to which section 25 of the Disabled Persons Community Welfare Act 1975 applies, a waiver or modification relating to access and facilities for use by people with disabilities shall only be granted by the Authority in a determination issued under Part III of this Act which is in accordance with the requirements of the said section 25.

Where the issue of a building consent involves any waiver or modification of the building code the territorial authority shall notify the Authority of the particulars concerning that waiver or modification.

The territorial authority shall issue each building consent to the applicant in the prescribed form on the payment of any charge fixed by the territorial authority in relation to the consent.

If the territorial authority refuses to grant a building consent it shall notify the applicant, in writing, specifying the reasons.

The issue of a building consent shall not of itself—

Except as provided for in subsection (2) of this section, a territorial authority shall refuse to grant a building consent involving construction of a building or major alterations to a building if—

unless the territorial authority is satisfied that adequate provision has been or will be made to—

Where a building consent is applied for and the territorial authority considers that—

the territorial authority shall, if it is satisfied that the applicant is the owner in terms of this section, grant the building consent, and shall include as a condition of that consent that the territorial authority shall, forthwith upon the issue of that consent, notify the District Land Registrar of the land registration district in which the land to which the consent relates is situated; and the District Land Registrar shall make an entry on the certificate of title to the land that a building consent has been issued in respect of a building on land that is described in subsection (1)(a) of this section.

Where the territorial authority determines that the entry referred to in subsection (2) of this section is no longer required, it shall send notice of the determination to the District Land Registrar who shall amend his or her records accordingly.

Where—

the territorial authority and every member, employee, or agent of the territorial authority shall not be under any civil liability to any person having an interest in that building on the grounds that it issued a building consent for the building in the knowledge that the building for which the consent was issued or the land on which the building was situated was, or was likely to be, subject to damage arising, directly or indirectly, from erosion, subsidence, avulsion, alluvion, falling debris, inundation, or slippage or from inundation arising from such erosion, subsidence, avulsion, alluvion, falling debris, or slippage.

Where an application made by or on behalf of the Crown is such that, if the applicant were not the Crown, subsections (2) and (4) of this section would otherwise apply, the territorial authority, in approving any such application, shall notify the appropriate Minister and the Chief Surveyor for the land district in which the land is situated, and include with that notification a copy of the project information memorandum issued in respect of the building consent; and such notification shall be deemed to meet the requirements of this section.

Where an application made by or on behalf of the owners of Maori land is such that, if the application were not in respect of Maori land, subsection (2) of this section would otherwise apply, the territorial authority, in approving any such application, shall notify the Registrar of the Maori Land Court, and include with that notification a copy of the project information memorandum issued in respect of the building consent; and such notification shall be deemed to meet the requirements of this section.

Where any notification is given pursuant to subsection (5) or subsection (6) of this section, the Chief Surveyor or the Registrar of the Maori Land Court, as the case may be, shall enter in his or her records the particulars of the notification together with a copy of the project information memorandum included with that notification.

For the purposes of subsection (2) of this section, the term “owner” means the person having ownership of the fee simple of the land on which the building work is or has taken place.

Except as provided in subsection (11) of this section, where application is made to a territorial authority for a building consent to construct a building over land of the applicant comprised or partly comprised of 2 or more allotments of an existing subdivision or existing subdivisions (whether comprised in the same certificate of title or not), and those allotments are held by the applicant as owner in fee simple, the territorial authority shall, as a condition of the grant of the consent, require that any specified one or more of those allotments shall not be transferred or leased except in conjunction with any specified other or others of those allotments.

Every such condition shall be set out in a certificate authenticated by the territorial authority in terms of section 252 of the Local Government Act 1974 and signed by the owner, and shall be lodged with the District Land Registrar who, subject to subsection (7) of this section, shall make an entry on each certificate of title for any allotment (or part thereof) to which the condition applies to the effect that it is subject to the condition specified in that certificate.

When the entry referred to in subsection (2) of this section has been made on the certificates of title for the several allotments affected, then none of those allotments shall be capable of being transferred or leased except in conjunction with the other or others of them.

Where an entry specified in subsection (2) of this section is made on 2 or more certificates of title and any of the land less than the whole of the land comprised in all those certificates of title is, at the time of the making of the entry, independently subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed, and that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of subsection (3) of this section, the whole of the land comprised in all those certificates of title shall be deemed to be subject to that registered instrument, and all the powers, rights, and obligations thereunder, as if it had been registered against the land at the time of the making of that entry.

Where any instrument to which subsection (4) of this section applies is a mortgage, charge, or lien and if any of the land to which that mortgage, charge, or lien is extended is already subject to a registered mortgage, charge, or lien, that registered mortgage, charge, or lien shall have priority over the registered mortgage, charge, or lien extended over that land by the provisions of subsection (4) of this section.

Where, pursuant to subsection (4) of this section, any registered mortgage, charge, or lien is extended over the land comprised in any certificate of title, it shall be deemed to have priority over any mortgage, charge, or lien against that land which is registered subsequent to the making of the entry against the certificate of title to that land pursuant to subsection (2) of this section.

Where a certificate referred to in subsection (2) of this section is lodged with the District Land Registrar, but the District Land Registrar is satisfied that it is not practicable or desirable to make on the certificates of title the entry specified in that subsection, the District Land Registrar may require that a plan prepared in accordance with section 167 of the Land Transfer Act 1952 amalgamating all the allotments into one allotment, or, where the circumstances render it expedient or desirable, into 2 or more allotments, be deposited under the Land Transfer Act 1952, and a certificate or certificates of title under that Act be issued for the land in terms of the plan.

Where the requirements of subsections (1) to (6) of this section or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment were met in order to enable a building to be built on 2 or more allotments and the building is removed or demolished or destroyed, the owner may apply to the territorial authority for approval for the removal of the requirement that any specified one or more of those allotments shall not be transferred or leased except in conjunction with any specified other or others of those allotments.

Where the territorial authority approves, in terms of subsection (8) of this section, the removal of those requirements, the decision of the territorial authority shall be set out in a certificate authenticated by the territorial authority in terms of section 252 of the Local Government Act 1974 and signed by the owner, and shall be lodged with the District Land Registrar who shall make an appropriate entry on the certificate of title for each allotment (or part thereof), and any mortgage, charge, or lien whose application was extended to additional land under subsection (4) of this section shall thereupon cease to apply to that additional land.

The provisions of subsections (8) and (9) of this section shall apply, with appropriate modification, to any request by an owner of land where the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or subsections (1) to (6) of this section were applied in error.

Subsection (1) of this section shall not apply where—

No building consent shall be granted for the alteration of an existing building unless the territorial authority is satisfied that after the alteration the building will—

If any proposed building, or any existing building proposed to be altered, is intended to have a use of not more than 50 years, any building consent for that building shall be issued only on condition that the building shall be altered, removed, or demolished on or before the end of the specified intended life, and subject to such other conditions as the territorial authority considers necessary.

In subsection (1) of this section, “specified intended life”, in relation to a building, means the period of time, as stated in an application for a building consent or in the consent itself, for which the building is proposed to be used for its intended use.

Subject to this Act, if the territorial authority fails to decide, within the prescribed period, whether to grant or refuse a building consent, the application shall be deemed to have been approved, but only in respect of building work that is to be inspected by a building certifier and that is covered by—

The applicant may deduct from any fee payable to the territorial authority in respect of the building consent the actual and reasonable charges of any approved certifier engaged for the purposes of subsection (1) of this section, and any such charge not so deducted may be recovered from the territorial authority as a debt.

A building consent shall lapse and be of no effect if—

The territorial authority may cancel a building consent in whole or in part forthwith if—

When a territorial authority cancels a building consent, all building work to which it relates shall cease immediately, except for work necessary to properly secure and protect the building and to keep the site in a safe condition.

If a building consent is cancelled under subsection (2) of this section, the owner may apply for a new consent as if making an application in respect of an alteration to an existing building.

The territorial authority may issue to the owner or to the person undertaking any building work a notice to rectify, in the prescribed form, requiring any building work not done in accordance with this Act or the building code to be rectified.

A notice under this section may also direct that all or any building work shall cease forthwith until the territorial authority is satisfied that the persons concerned are able and willing to resume operations in compliance with this Act and the regulations.

A notice to rectify only applies—

The provisions of subsection (3)(b) of this section shall not be read as relieving the owner of the requirements of section 33 of this Act to obtain a building consent for building work for which a notice to rectify has been issued under this section.

An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work.

Where applicable, the owner shall include with that advice either—

Except where a code compliance certificate has already been provided pursuant to subsection (2) of this section, the territorial authority shall issue to the applicant in the prescribed form, on payment of any charge fixed by the territorial authority, a code compliance certificate, if it is satisfied on reasonable grounds that—

The provisions of this section shall be deemed to enable interim code compliance certificates to be issued, subject to specified conditions, in respect of any part of any building work for which a building consent had previously been issued, whether or not it was previously intended that different parts of that building work were to have been completed in stages, but those interim certificates shall be replaced by the issue of a single code compliance certificate for the whole of the building work at the time the work is completed, to the extent required by the building consent.

Where a building certifier or a territorial authority refuses to issue a code compliance certificate, the applicant shall be notified in writing specifying the reasons.

Where a territorial authority considers on reasonable grounds that it is unable to issue a code compliance certificate in respect of particular building work because the building work does not comply with the building code, or with any waiver or modification of the code, as previously authorised in terms of the building consent to which that work relates, the territorial authority snail issue a notice to rectify in accordance with section 42 of this Act.

Where a territorial authority is notified by a building certifier pursuant to section 56(4) of this Act that the certifier considers that particular building work does not comply with the building code, the territorial authority shall issue a notice to rectify in accordance with section 42 of this Act.

A compliance schedule shall be required for any new building (other than a building used only as a single residential dwelling), if the building contains any of the following systems:

Every compliance schedule shall be in the prescribed form, shall be issued by the territorial authority, and shall specify the inspection, maintenance, and reporting procedures to be followed by independent qualified persons in respect of the systems specified in subsection (1) of this section and (where applicable) the features and systems specified in subsection (5) of this section.

For the purposes of subsection (2) of this section, the inspection, maintenance, and reporting procedures in the compliance schedule shall specify the frequency of inspections, and may be identified—

The owner shall ensure—

Where a compliance schedule is a requirement for the purposes of subsections (1) and (2) of this section, it shall also include, where appropriate, systems or features relating to—

in respect of the systems specified in subsection (1) of this section and systems and features specified in this subsection.

The provisions of subsections (1) to (5) of this section shall apply with respect to existing buildings which contain systems or features referred to in subsection (1) of this section which are present in or form part of those buildings, as if they were new buildings, and—

Where any building work requiring a building consent is carried out which results in the alteration of any specified feature or system which is covered by a compliance schedule, the territorial authority, on completion of that work, shall determine whether the provisions of the compliance schedule shall be amended.

The provision of subsection (7) of this subsection shall apply, with appropriate modification, where specified features and systems are added to or removed from the building as a result of building work or if the building is demolished.

For the purposes of this section, an independent qualified person shall be a person who—

For the purposes of subsection (9) of this section—

shall not be regarded as constituting a financial interest.

On the annual anniversary of the issue of a compliance schedule and on every subsequent annual anniversary, the owner of every building in respect of which a compliance schedule has been issued shall supply to the territorial authority a building warrant of fitness, in the prescribed form and containing the prescribed particulars, that states that the requirements contained in the compliance schedule have been fully complied with during the previous 12 months.

A copy of the building warrant of fitness shall be publicly displayed by the owner in a place in the building to which users of the building have ready access.

The owner shall obtain written reports relating to the requirements of the compliance schedule, and—

The territorial authority may issue a notice in the prescribed form at any time if it is satisfied, on reasonable grounds, that the warrant is not correct or that the compliance schedule provisions are not or have not been properly complied with, and that notice shall be deemed to be a notice to rectify in terms of section 42 of this Act.

It is the duty of an owner of a building to advise the territorial authority in writing if it is proposed—

The use of the building shall not be changed unless the territorial authority is satisfied on reasonable grounds that in its new use the building will—

The life of a building with a specified intended life shall not be extended unless the territorial authority is satisfied on reasonable grounds that in its extended use the building has been altered in compliance with the provisions of section 38 of this Act.

Where a territorial authority is required to consider an application for the issue of a certificate pursuant to section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision which affects a building or any part thereof, the territorial authority shall only issue that certificate if it is satisfied on reasonable grounds that the building will—

Where the territorial authority is satisfied on reasonable grounds that a change of use or extension of life of a building with a specified intended life has occurred which would require alterations to the building in order to bring that building into compliance with the building code, the territorial authority shall determine whether the owner intends building work to proceed, and if it considers that is not the owner’s intention, the territorial authority shall issue a notice in the prescribed form, and that notice shall be deemed to be a notice to rectify in terms of section 42 of this Act.

In the exercise of its powers under sections 30 to 46 and 64 to 71 of, and the Third Schedule to, this Act the territorial authority shall have due regard to the following matters:

The Governor-General may from time to time, by Order in Council, make regulations, to be called the building code, for prescribing the functional requirements for buildings and the performance criteria with which buildings must comply in their intended use.

In addition to the power conferred by subsection (1) of this section, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

Any regulation made under this section shall be made on the advice of the Minister following the recommendation of the Authority.

Before making any recommendation for the purposes of subsection (1) or subsection (2) of this section the Authority shall—

Subsection (4) of this section shall not apply in respect of any regulation if it is desirable in the public interest that the regulation be made urgently.

A failure to comply with subsection (4) of this section shall not affect the validity of any Order in Council made under this section.

All regulations made under subsection (2)(c) of this section that are still in force on the day that is 5 years after the date of commencement of this section shall expire at the close of that day.

The Authority may prepare or may approve, in whole or in part and subject to any modification it considers necessary or desirable, any document for use in establishing compliance with the provisions of the building code.

Any document, prepared or approved by the Authority under subsection (1) of this section shall be accepted for the purposes of this Act as establishing compliance with those provisions of the building code to which it relates, but it shall not be the only means of establishing such compliance.

Preparation or approval of any document under subsection (1) of this section shall not include approval of any provision of that document which—

Any document prepared or approved under subsection (1) of this section shall be subject to this Act and the building code.

Any approval given by the Authority under this section shall be an approval of the document as it existed at the time of the approval, unless otherwise specified by the Authority.

The Authority may withdraw approval of any document prepared or approved under subsection (1) of this section, but the withdrawal shall not be retrospective.

Where a Minister of the Crown has submitted to the Authority a document that has been previously approved by a Minister of the Crown under any other enactment, the Authority shall not modify that document without the approval of the Minister administering that enactment.

Subsection (7) of this section shall not apply to any document approved by a Minister of the Crown pursuant to section 10(4) of the Standards Act 1988.

When preparing or proposing to modify any document under this section, the Authority shall do everything reasonably practicable on its part to advise all persons and organisations, who or which in its opinion will be affected by that document, of the proposed terms of the document, and give such persons or organisations a reasonable opportunity to make submissions on them to the Authority.

A territorial authority shall accept the following documents as establishing compliance with the provisions of the building code:

A building certifier shall accept the documents set out in paragraphs (b), (c), and (d) of subsection (1) of this section as establishing compliance with the provisions of the building code.

For the avoidance of doubt, no civil proceedings may be brought against a territorial authority or a building certifier for anything done in good faith in reliance on a document set out in subsection (1) or subsection (2) of this section.

Any person may apply to the Authority for approval as a building certifier.

Every application shall be in the prescribed form and shall specify the provisions of the building code in respect of which the applicant wishes to be approved as a building certifier.

Except as provided by subsection (5) of this section, each application shall include—

Each application shall be accompanied by the fee (if any) charged by the Authority under section 23 of this Act.

In the case of an applicant who is or has been a building certifier and who is applying for continuation or renewal of approval in respect of the same provisions of the building code, the application need not be accompanied by the documentation required by subsection (3)(a) of this section but instead shall be accompanied by—

The Authority may require the applicant for approval as a building certifier to provide further information in support of the application.

If the applicant is unable to comply with any requirement of the Authority under subsection (1) of this section, the applicant shall inform the Authority of the reasons why the applicant is unable to comply.

The application shall be considered by the Authority as soon as practicable.

The Authority shall notify the applicant not less than 10 days before any meeting at which it is intended to consider the application.

The applicant may, and if the Authority so requires the applicant shall, appear and be heard at a meeting of the Authority.

After considering an application for approval as a building certifier the Authority shall grant the approval if it is satisfied—

For the purposes of this section, appropriate qualifications shall include—

If the Authority declines an application it shall notify the applicant in writing, specifying the reasons.

Any applicant aggrieved by any decision of the Authority refusing to grant approval as a building certifier under this section may, within 21 days after the date of the decision or within such further time as the Court on application may allow, appeal against that decision, in accordance with the District Courts Rules 1948, to the District Court.

For the purposes of hearing the appeal the Court shall have all the powers vested in it in its civil jurisdiction.

On hearing the appeal the Court may make such order as it thinks fit, and every such order shall be binding on the appellant and the Authority.

The Authority shall establish and maintain a register of building certifiers.

Whenever the Authority approves a person as a building certifier it shall cause to be entered on the register—

The specific provisions of the building code in respect of which the building certifier is approved may be identified by reference to the numbering of the provisions, or to a description of the matters covered by the provisions, or to the areas of expertise concerned.

A certificate under this Part of this Act purporting to be under the hand of a person duly authorised by the Authority to issue such a certificate shall, in the absence of proof to the contrary, and without proof of the signature appended to the certificate, be sufficient evidence of the matters therein specified.

If the Authority receives any complaint about, or has cause to query the conduct or ability of, a building certifier, the Authority shall appoint a person, not being a member of the Authority, to investigate the complaint or query.

The person appointed under subsection (1) of this section

As soon as practicable after the complaint is received, the person appointed under subsection (1) of this section shall consider any available relevant information and shall refer the matter to the Authority with a recommendation that the Authority either take no further action or conduct an inquiry.

The Authority shall as soon as practicable—

At the meeting referred to in subsection (4) of this section the Authority shall accept the recommendation made under subsection (3) of this section unless persuaded otherwise by any submissions received for consideration at that meeting.

If the Authority decides to conduct an inquiry into the conduct or ability of a building certifier, it shall—

A reasonable time before the inquiry is to be held, the person appointed under subsection (1)(a) of this section shall notify the building certifier of the information to be presented to the inquiry.

An inquiry shall be a meeting of the Authority at which the Authority is bound by the rules of natural justice.

If, after completing its inquiry under this section, the Authority is satisfied that the building certifier—

the Authority may exercise any one or more of the following powers:

Where the finding of the Authority is favourable to the building certifier, the Authority shall pay the building certifier’s actual and reasonable costs.

Where the Authority makes an order under this section in relation to any person the Authority shall notify that person in writing of the making of the order and the reasons for it.

A building certificate issued by a building certifier under this section shall—

A building certifier may issue a building certificate, in the prescribed form, pursuant to this section if the building certifier is satisfied on reasonable grounds that—

A building certifier may issue a code compliance certificate, in the prescribed form, pursuant to section 43 of this Act if the building certifier is satisfied on reasonable grounds that the building work complied with the provisions of the building code on the date of certification.

Where a building certifier considers on reasonable grounds that particular building work does not comply with particular items of the building code, that certifier shall forthwith notify the territorial authority that a notice to rectify should be issued in respect of that building work.

A building certifier shall not issue a building certificate or a code compliance certificate unless a scheme of insurance approved by the Authority applies in respect of any insurable civil liability of the building certifier that might arise out of the issuing of the certification.

No building certifier shall issue a building certificate or a code compliance certificate in respect of a building in which the building certifier has a professional or financial interest.

A person shall be regarded as having a professional or financial interest in a building if that person—

For the purposes of this section—

For the purposes of this section—

shall not be regarded as constituting a professional or financial interest.

The issuing of a code compliance certificate under section 43 of this Act or a building certificate under section 56 of this Act shall not be a condition of entitlement to any fee to be paid to a building certifier.

A building certifier shall not, in the terms of engagement, limit any civil liability which might arise from the issue of a building certificate or code compliance certificate by that building certifier.

The engagement of a building certifier to inspect specified items while building work is being undertaken shall be subject to the following provisions:

On receiving notification under subsection (3)(b) or (c) of this section, the territorial authority shall amend the building consent accordingly, and shall make such inspections and issue such notices to rectify as it considers necessary.

The proprietor or the proprietor’s agent may apply to the Authority for the accreditation of any proprietary item, being a material, method of construction, design, or component relating to building work.

An application made under subsection (1) of this section shall be accompanied by an appraisal complying with subsections (3) and (4) of this section and by the fee charged by the Authority.

An appraisal shall be a detailed and reasoned technical opinion issued by an appropriately qualified organisation having no proprietary interest in the appraised item.

An appraisal shall include—

After considering any report and recommendations obtained by the Authority, the Authority shall accredit the item if it is satisfied that the item, if used under the conditions specified in the appraisal, will comply with specified provisions of the building code.

In determining any application for accreditation the Authority may obtain any further advice necessary to assist it in reaching its decision.

Where the Authority accredits an item under this section, the Authority shall issue to the applicant a certificate of accreditation in respect thereof.

A certificate of accreditation shall state that the item concerned has been appraised by a named appraisal organisation and, if used under the conditions specified in that appraisal, is to be accepted as complying with specified provisions of the building code.

A certificate of accreditation shall be subject to such conditions and qualifications and shall be issued for such period as are stated in the certificate or in the corresponding appraisal.

A certificate under this Part of this Act purporting to be under the hand of a person duly authorised by the Authority to issue such a certification shall, in the absence of proof to the contrary, and without proof of the signature appended to the certificate, be sufficient evidence of the matters therein specified.

If the Authority refuses to accredit an item under this section it shall notify the applicant, in writing, specifying the reasons.

The proprietor of an accredited item or the proprietor’s agent may apply to the Authority for the renewal, extension, or amendment of the certificate of accreditation, and the provisions of sections 58 and 59 of this Act shall apply, with any necessary modifications, in respect of any such application.

The Authority may at any time revoke an accreditation if it is satisfied that—

Where the Authority determines to revoke an accreditation the Authority shall notify the holder of the certificate in writing of the Authority’s determination and the reasons for it.

Notwithstanding the provisions of the Official Information Act 1982, the information contained in any application for accreditation shall be regarded as confidential and shall not be disclosed (except pursuant to this Part of this Act) by any member or employee of, or person engaged by, the Authority unless disclosure is authorised in writing by the person who made the application.

Any member or employee of, or person engaged by, the Authority who discloses any information, whether orally or in writing, in contravention of subsection (1) of this section commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

Nothing in this Part of this Act shall derogate from the provisions of the Fair Trading Act 1986.

A building shall be deemed to be dangerous for the purposes of this Act if it is—

For the purposes of subsection (1)(b) of this section, a building shall be deemed to be dangerous by reason of fire hazard and occupancy if there is a change of fire hazard or a change of occupancy sufficient to ensure that—

For the purpose of determining whether any building is of any of the categories described in subsection (2) of this section, the territorial authority may seek advice from such members of the New Zealand Fire Service as the Fire Service National Commander deems competent to give such advice, and, where such advice is sought, the territorial authority shall have due regard to that advice.

A building shall be deemed to be insanitary if—

Without limiting its powers under Part V of this Act, a territorial authority, on being satisfied that any building is a building deemed to be dangerous under section 64 of this Act, may—

On being satisfied that any building is a building deemed to be insanitary under section 64 of this Act, a territorial authority may give notice in accordance with section 71 of this Act requiring work to be done on the building to prevent it from remaining insanitary.

In forming any requirement under subsection (1) or subsection (2) of this section, the territorial authority shall have due regard to the provisions of the building code and the matters set out in section 47 of this Act.

If, within the time specified in a notice under subsection (1) or subsection (2) of this section or within such further time as the territorial authority may allow, the work required by the notice is not completed or not proceeding with all reasonable expedition, the territorial authority, upon giving the owner of the building not less than 10 days’ notice of its intention to do so, may apply to the District Court for an order authorising the territorial authority to carry out the work.

Where a territorial authority carries out work under the authority of an order made under subsection (4) of this section, the owner of the building shall be liable for the costs of the work; and the territorial authority may recover those costs from the owner, and the amount recoverable by the territorial authority shall be a charge on the land on which the work was done.

Work required or authorised to be done under this section may include the demolition of all or part of a building.

The provisions of this section are in addition to and not in derogation of the powers of a territorial authority under section 70 of this Act.

Subject to subsection (2) of this section, a building shall be deemed to be earthquake prone for the purposes of this Part of the Act if, having regard to its condition and to the ground on which it is built and because of its construction being either wholly or substantially of unreinforced concrete or unreinforced masonry, the building will have its ultimate load capacity exceeded in a moderate earthquake and thereby would be likely to suffer catastrophic collapse causing bodily injury or death to persons in the building or to persons on any other property or damage to any other property.

Subsection (1) of this section shall not apply to any building which is used wholly or principally for residential purposes, unless the building is of 2 or more storeys and contains 3 or more household units.

Without limiting its powers under Part III of this Act, a territorial authority, on being satisfied that any building is a building deemed to be earthquake prone, may—

For the purposes of this section, in relation to any building that is deemed to be earthquake prone,—

Within 10 days after the notice is given under section 66(3)(b) of this Act, the owner may object in writing to the territorial authority against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection, or, where application is made to the Court to confirm the notice, pending the decision of the Court.

Where any such objection is received by the territorial authority, the territorial authority shall, as soon as practicable, inquire into and dispose of the objection.

No objection shall be dismissed unless reasonable notice of the date and time when and the place where it is to be considered has been given to the objector, who, if present at the appointed time and place, shall be entitled to be heard and submit evidence and call witnesses in support of his or her objection; and any objector may be represented at the hearing by counsel or otherwise.

Where on inquiry into the objection the territorial authority reaffirms its requirements, the territorial authority shall apply to a District Court for an order confirming the notice given by the territorial authority.

The District Court hearing an application under section 67(4) of this Act shall hear the application with the assistance of 2 assessors, to be appointed by the Court for the purposes of that application from a panel of appropriate persons from time to time appointed by the Authority and published by the Authority in the Gazette; and the sole function of the assessors shall be to assist the Court in determining the application, and the application shall be determined by the Court alone.

If any assessor dies or is for any reason unable to act or to continue to act, another assessor may be appointed to act in the assessor’s place, whether or not the hearing of the application has commenced.

There shall be paid to assessors, out of money appropriated by Parliament for the purpose, remuneration by way of fees or allowances and travelling allowances or expenses in accordance with the Fees and Travelling Allowances Act 1951, and that Act shall apply accordingly as if those assessors were members of a statutory Board within the meaning of that Act.

On the hearing of the application, the Court may—

Where any party to the proceedings is dissatisfied with any determination of a District Court on any application under section 67 of this Act as being erroneous in point of law, the party may appeal to the High Court for the opinion of that Court on a question of law only.

Part IV of the Summary Proceedings Act 1957, so far as it relates to appeals by way of case stated on a question of law only, shall apply, so far as it is applicable, to every appeal under this section.

The decision of the High Court on any appeal under this section shall be final.

The operation of the order against which an appeal is made under this section shall be suspended until the appeal is determined.

If, arising from the state of any building,—

the chief executive of the territorial authority may, by warrant under the chief executive’s hand, cause any measures to be taken which are necessary in the chief executive’s judgement to secure the safety of the public or to rectify the insanitary conditions; and the territorial authority may recover the costs thereof from the owner, and the amount recoverable by the territorial authority shall be a charge on the land on which the building is situated.

Where a chief executive issues a warrant under subsection (1) of this section, the territorial authority, upon completion of the measures specified in the warrant, shall apply to a District Court for confirmation of the warrant.

On the hearing of an application under this section, the District Court may—

A territorial authority shall not be under any liability arising from the issue, in good faith, of a warrant pursuant to subsection (1) of this section.

Without limiting section 87 of this Act, any notice given by a territorial authority under section 65 or section 66 of this Act shall be in writing fixed to the building concerned; and a copy of the notice shall be given to—

Notwithstanding the other provisions of this section, if any such notice is fixed on the building, that notice shall not be invalid solely because a copy of it has not been given to any or all of the persons mentioned in this section.

The District Court may, at its discretion, request the Authority to report on any matter under section 65 of this Act the Court considers relevant, and the Authority shall report accordingly.

Sections 64 to 71 of this Act shall apply to all buildings whenever constructed.

Where, under this Act or the building code, any person is required to do any work on or in connection with any building and—

the territorial authority may enter upon the land on which the building is situated and itself do that work and recover the costs thereof from the owner, and the amount recoverable by the territorial authority shall be a charge on the land.

The power to enter upon land conferred by subsection (1) of this section shall be subject to the following conditions:

Where a territorial authority is entitled under this Act to recover the costs of doing any work from the owner of any building or land, the money payable shall be a charge on the land, and the provisions of the Rating Powers Act 1988 and of the Local Government Act 1974 shall apply accordingly, but the person primarily liable for payment shall be the owner.

The territorial authority may destroy or sell or otherwise dispose of any materials resulting from the doing of any work by the authority and, in the case of the sale of any materials, shall apply the proceeds of the sale towards payment of the amount payable to the territorial authority under subsection (1) of this section and pay the surplus (if any) to the owner.

The exercise by the territorial authority of the powers conferred by this section shall not relieve any person from any penalty for failure to comply with the requirements of any notice under this Act.

Any work done or to be done by the territorial authority pursuant to this section is hereby declared to be a public work for the purposes of the Public Works Act 1981.

For the purposes of this Part of this Act, “inspection” means the taking of all reasonable steps to ensure—

The provisions (if any) as to inspection during the carrying out of building work endorsed on any building consent and the compliance schedule (if any) shall be read as including the provisions of this section.

It shall be a condition of every building consent that the territorial authority’s authorised officers shall be entitled, at all times during normal working hours or while building work is being done,—

The owner and occupier of any building and every person engaged in any building work shall give every reasonable facility to enable the territorial authority’s authorised officers to inspect all or any part of the building or the building work.

Every officer of a territorial authority who is authorised by this Act, or by an order of the District Court made under this section, to enter private land shall, if requested on entry or at any subsequent time, produce to the occupier of the building a written warrant issued under section 710 of the Local Government Act 1974.

The provisions of section 710(4) of the Local Government Act 1974 shall not apply in respect of the inspection of building work.

Nothing in this section shall authorise entry to any household unit being used as such without the consent of the occupier of the household unit or an order of the District Court made under this section.

Where any authorised officer of a territorial authority wishes to enter, for the purposes of this section, any household unit being used as such, the officer may, upon giving the occupier of the household unit not less than 10 days’ notice of that officer’s intention to do so, apply to the District Court for an order under this section.

On being satisfied that the proposed entry is necessary for the purposes of this section, and that the authorised officer has taken all reasonable steps to obtain the consent of the occupier to the proposed entry, the Court may make an order authorising any officer authorised by the territorial authority to enter the household unit in accordance with this section subject to such conditions as the Court thinks fit to impose.

Before exercising any power of entry pursuant to any such order of the Court, the authorised officer shall serve the order on the occupier of the household unit to which the order relates.

The powers conferred by this section are in addition to, and not in derogation of, the powers conferred by section 708a(3) of the Local Government Act 1974.

A territorial authority may authorise any of its officers to carry out all or any of the functions and powers as an enforcement officer under this Act.

Every enforcement officer shall be supplied with a warrant by the territorial authority, and that warrant shall clearly state the functions and powers that the person concerned has been authorised to exercise and carry out under this Act.

Every enforcement officer who exercises or purports to exercise any power conferred on the officer by or under this Act shall have with him or her, and shall produce if required to do so, his or her warrant and evidence of his or her identity.

Every enforcement officer who holds a warrant issued under this section shall, on the termination of his or her appointment as such, surrender the warrant to the territorial authority.

The provisions of sections 715 and 716 of the Local Government Act 1974, with all necessary modifications, shall apply in respect of the powers under this Act of every territorial authority and its officers.

For the purpose of monitoring the performance by territorial authorities and building certifiers of their functions under this Act, the Authority—

Nothing in subsection (1) of this section shall—

The power to enter any land or building pursuant to subsection (1) of this section shall be subject to the following conditions:

The Authority shall supply to every person duly authorised to enter land or buildings on behalf of the Authority a written warrant containing—

Every person supplied with a warrant under subsection (4) of this section—

No person not having a warrant under this section shall represent himself or herself to be the holder of such a warrant.

Every person commits an offence who—

Every person who commits an offence against subsection (1) of this section is liable on summary conviction—

Any person who does any act or makes any default, being an act or default that is an offence against this Act and also an offence against any other Act, may be proceeded against either under this Act or under that other Act, but no person shall be punished under both this Act and also under any other Act in respect of the same act or default.

Where it appears to the District Court, on the application of the Authority or any territorial authority or any other party as defined in section 16(e) of this Act, that any person is committing or is about to commit a breach of paragraph (a) or paragraph (b) or paragraph (c) of section 80(1) of this Act, or that a building is dangerous or insanitary in terms of section 64 of this Act and the territorial authority has failed to take appropriate action, the District Court may grant an injunction or make some other appropriate order, on such terms as the District Court considers appropriate, restraining the person from engaging in that conduct or for the purpose of ensuring that the person does not engage in that conduct:

Provided that in the case of a building that does not comply with the provisions of the building code any such injunction or order may be issued in respect of the owner of the building, whether or not the owner has committed any offence against the said section 80, and without prejudice to the liability of any other person.

On any application under subsection (1) of this section, the District Court may direct the Authority to issue a determination under Part III of this Act in respect of such matters as the Court shall specify.

The District Court may at any time rescind or vary an injunction granted or order made under subsection (1) of this section.

Where an application is made to the District Court under subsection (1) of this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind the District Court may—

whether or not it appears to the District Court that the person intends to engage again, or to continue to engage, in conduct of that kind.

Any order may be granted under subsection (1) of this section—

Where an offence is committed against this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence.

Notwithstanding anything in subsection (1) of this section, where any proceedings are brought by virtue of that subsection, it shall be a good defence if the defendant proves—

Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved—

In any prosecution for an offence of contravening or permitting a contravention of any of the provisions of this Act or of the building code, it is not necessary to prove that the defendant intended to commit the offence.

Subject to subsection (3) of this section, it is a defence to a prosecution of the kind referred to in subsection (1) of this section if the defendant proves—

Except with the leave of the Court, subsection (2) of this section does not apply unless, within 7 days after the service of the summons or within such further time as the Court may allow, the defendant delivers to the prosecutor a written notice—

Subject to subsection (2) of this section, where a person is convicted of an offence under section 80(1) of this Act and the Court imposes a fine, the Court shall, if the information for that offence was laid by a territorial authority, order that the fine be paid to that territorial authority.

There shall be deducted from every amount payable to a territorial authority under subsection (1) of this section a sum equal to 10 percent thereof, and that sum shall be credited to a Crown Bank Account nominated by the Minister of Finance for the purposes of this subsection.

Notwithstanding anything in subsection (2) of this section, where any money awarded by a Court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a territorial authority under subsection (1) of this section, no deduction shall be made under subsection (2) of this section in respect of that money.

Subject to subsection (2) of this section, an order of the Court made under subsection (1) of this section shall be sufficient authority for the Registrar receiving the fine to pay that fine to the territorial authority entitled to it under the order.

Nothing in section 73 of the Public Finance Act 1989 shall apply to any fine ordered to be paid to any territorial authority under subsection (1) of this section.

Unless otherwise expressly provided, all offences against this Act may be prosecuted, and all fines or sums of money imposed or declared to be due or owing by or under this Act may be sued for and recovered, before any Court having jurisdiction for punishment of offences of the like nature or for the recovery of fines or sums of money of the like amount.

This section applies to the following decisions of the Authority:

Any decision to which this section applies may be appealed to the High Court on a point of law by—

An appeal under this section shall be made in accordance with the High Court Rules except to any extent that those rules are inconsistent with this section.

An appellant shall file a notice of appeal within 15 working days after the date on which the appellant is notified of the Authority’s decision.

The appeal shall be filed with the Registrar of the High Court.

Before or immediately after the appeal is filed, the appellant shall serve a copy of the notice on the Authority and, in the case of an appeal against a determination under Part III of this Act, on any party in respect of that determination as defined in section 16 of this Act.

A person served with notice under subsection (6) of this section who wishes to appear on the appeal shall give notice of his or her intention to appear to—

The notice to appear under subsection (7) of this section shall be served within 10 days after the party was served with the notice of appeal.

Where a notice or other document is to be served on a person for the purposes of this Act, it may be served—

Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on any officer of the body in accordance with subsection (1) of this section shall be deemed to be service on the body.

Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (2) of this section shall be deemed to be service on the partnership.

Where a notice or other document is sent by post to a person in accordance with subsection (1)(c) of this section it shall be deemed to be received by the person at the time at which the letter would have been delivered in the ordinary course of post.

Where—

the notice, other document, or consent shall be deemed to have been served or obtained, as the case may be, on or from all the owners of Maori land if it has been served on or obtained from such owner or owners as have been nominated for the purpose by the Registrar of the Maori Land Court at the request of the person seeking to serve the notice or other document, or obtain the approval or consent.

No civil proceedings shall be brought for an act done in good faith under this Act against a member, building referee, or employee of the Authority, or a member or employee of a territorial authority, or a member of a committee appointed by the Authority or a territorial authority.

Civil proceedings against a building certifier in respect of the exercise by the building certifier of the building certifier’s statutory function in issuing a building certificate or a code compliance certificate are to be brought in tort and not in contract.

Except to the extent provided in subsection (2) of this section, the provisions of the Limitation Act 1950 apply to civil proceedings against any person where those proceedings arise from—

Civil proceedings may not be brought against any person 10 years or more after the date of the act or omission on which the proceedings are based.

For the purposes of subsection (2) of this section if—

the date of the act or omission is the date of issue of the consent or certificate or determination.

For the purposes of subsection (2) of this section, if civil proceedings are brought against the Authority and the proceedings arise out of the issue of an accreditation certificate, the date of the act or omission is the date at which the accreditation certificate was relied on.

Notwithstanding section 93(1)(a) of this Act, subsection (2) of this section applies to any proceedings commenced after this Part of this Act comes into operation, except proceedings commenced before the 1st day of July 1993.

The enactments specified in the Fourth Schedule to this Act are hereby amended in the manner specified in that Schedule.

The enactments specified in the Fifth Schedule to this Act are hereby repealed.

The regulations and orders specified in the Sixth Schedule to this Act are hereby revoked.

The following matters shall continue as if this Act had not been passed:

During the period of 6 calendar months after Parts V to VI and IX of this Act came into force, any person who wishes to commence the construction, alteration, demolition, or removal of a building may, at that person’s option, choose to apply—

If a building is being constructed, altered, demolished, or removed pursuant to an authorisation to which subsection (1)(d) or subsection (2)(b) of this section applies, and reasonable progress of construction, alteration, demolition, or removal to the satisfaction of the territorial authority concerned has not been made for 4 calendar months, then those subsections shall cease to apply and a building consent under this Act shall be required in respect of any further construction, alteration, demolition, or removal.