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Building Act 2004  072
ANALYSIS

Analysis
Title
1 Title

1: Preliminary provisions
2 Commencement
3 Purpose
4 Principles to be applied in performing functions or duties, or exercising powers, under this Act
5 Overview
6 Act binds the Crown
7 Interpretation
8 Building: what it means and includes
9 Building: what it does not include
10 Meaning of allotment
11 Role of chief executive
12 Role of building consent authority and territorial authority
13 Role of regional authority
14 Role of building consent authority and territorial authority in relation to regional authority if building is partly dam

2: Building
15 Outline of this Part
16 Building code: purpose
17 All building work must comply with building code
18 Building work not required to achieve performance criteria additional to or more restrictive than building code
19 How compliance with building code is established
20 Regulations may specify that there is only 1 means of complying with building code
21 What happens if regulations specifying that there is only 1 means of complying with building code are made or not made
22 Compliance document for use in establishing compliance with building code
23 Effect of compliance documents
24 Chief executive may amend or revoke compliance documents
25 Content of compliance document
26 Chief executive may issue warning about, or ban use of, building methods or products
27 Offence to use building method or product in breach of ban under section 26
28 Limits on certain powers of building consent authority in cases involving bans under section 26
29 Procedural requirements for compliance documents, warnings, and bans
30 Procedural requirements for urgent compliance documents, warnings, and bans
31 Building consent authority must apply for project information memorandum
32 Owner may apply for project information memorandum
33 Content of application
34 Issue of project information memorandum
35 Content of project information memorandum
36 Territorial authority may attach development contribution notice to project information memorandum
37 Territorial authority must attach additional certificate to project information memorandum
38 Territorial authority must give copy of project information memorandum in certain circumstances
39 Territorial authority must advise New Zealand Historic Places Trust in certain circumstances
40 Buildings not to be constructed, altered, demolished, or removed without consent
41 Building consent not required in certain cases
42 Owner must apply for certificate of acceptance if building work carried out urgently
43 Building consent not required for energy work
44 When to apply for building consent
45 How to apply for building consent
46 Copy of certain applications for building consent must be provided to New Zealand Fire Service Commission
47 New Zealand Fire Service Commission may give advice on applications under section 46
48 Processing application for building consent
49 Grant of building consent
50 Refusal of application for building consent
51 Issue of building consent
52 Lapse of building consent
53 Applicant for building consent liable to pay levy
54 Building consent authority must advise applicant of amount of levy payable
55 Exemption from levy
56 Payment of levy sufficient unless estimated value of building work changes
57 Payment of levy if building work completed in stages
58 Liability to pay levy: building consent authority
59 Liability to pay levy: territorial authority
60 Territorial authority may retain part of levy
61 Chief executive may recover unpaid levies from territorial authority
62 Territorial authority may recover unpaid levies from applicant for building consent
63 Chief executive may obtain information in order to assess amount of levy payable
64 Audit of issue of building consents for purpose of ascertaining payment of levy
65 Chief executive may enter into agreements for auditing certain information
66 Chief executive must review levy
67 Territorial authority may grant building consent subject to waivers or modifications of building code
68 Territorial authority must notify chief executive if waiver or modification granted
69 Waiver or modification may only be granted by chief executive in certain cases
70 Applications relating to energy work
71 Building on land subject to natural hazards
72 Building consent for building on land subject to natural hazards must be granted in certain cases
73 Conditions on building consents granted under section 72
74 Steps after notification
75 Construction of building on 2 or more allotments
76 Exemption from section 75
77 Building consent must not be granted until condition is imposed under section 75
78 Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77
79 Effect of entry recorded on certificate of title
80 Certificates of title for 2 or more allotments subject to registered instrument
81 Mortgage, charge, or lien has priority over registered instrument
82 Registrar-General of Land may require preparation of plan
83 Owner may apply for entry to be removed
84 Licensed building practitioner must carry out or supervise restricted building work
85 Offence for person to carry out or supervise restricted building work if person is not licensed building practitioner
86 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
87 Owner must notify names of licensed building practitioners engaged in restricted building work
88 Licensed building practitioner to certify restricted building work
89 Licensed building practitioner must notify building consent authority of breaches of building consent
90 Inspections by building consent authorities
91 Building consent authority that grants building consent to issue code compliance certificate
92 Application for code compliance certificate
93 Time in which building consent authority must decide whether to issue code compliance certificate
94 Matters for consideration by building consent authority in deciding issue of code compliance certificate
95 Issue of code compliance certificate
96 Territorial authority may issue certificate of acceptance in certain circumstances
97 How to apply for certificate of acceptance
98 Processing application for certificate of acceptance
99 Issue of certificate of acceptance
100 Requirement for compliance schedule
101 Owner must comply with requirement for compliance schedule
102 Compliance schedule must be issued with code compliance certificate in certain cases
103 Content of compliance schedule
104 Building consent authority must notify territorial authority of issue of compliance schedule
105 Obligations of owner if compliance schedule is issued
106 Application by owner for amendment to compliance schedule
107 Territorial authority may amend compliance schedule on own initiative
108 Annual building warrant of fitness
109 Territorial authority must consider recommendation to amend compliance schedule
110 Owner must obtain reports on compliance schedule
111 Inspections by territorial authority
112 Alterations to existing buildings
113 Buildings with specified intended lives
114 Owner must give notice of change of use, extension of life, or subdivision of buildings
115 Code compliance requirements: change of use
116 Code compliance requirements: extension of life and subdivision
117 Definition for sections 118 to 120
118 Access and facilities for persons with disabilities to and within buildings
119 Compliance document for requirements of persons with disabilities
120 Access symbol must be displayed
121 Meaning of dangerous building
122 Meaning of earthquake-prone building
123 Meaning of insanitary building
124 Powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings
125 Requirements for notice given under section 124
126 Territorial authority may carry out work
127 Building work includes demolition of building
128 Prohibition on using dangerous, earthquake-prone, or insanitary building
129 Measures to avoid immediate danger or to fix insanitary conditions
130 Territorial authority must apply to District Court for confirmation of warrant
131 Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings
132 Adoption and review of policy
133 Application of this subpart to dams
134 Owner must classify dam
135 Owner must provide classification of, and certificate for, dam to regional authority
136 Regional authority must decide whether to approve or refuse dam classification
137 Dam classification provided to regional authority by accredited dam owner deemed to have been approved
138 Regional authority must require re-audit of dam classification that it refuses to approve
139 Owner must review dam classification
140 Requirement for dam safety assurance programme
141 Content of dam safety assurance programme
142 Owner must provide dam safety assurance programme to regional authority
143 Regional authority must decide whether to approve or refuse dam safety assurance programme
144 Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved
145 Regional authority must require re-audit of dam safety assurance programme that it refuses to approve
146 Review of dam safety assurance programme
147 Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme
148 Obligations of owner in relation to dam safety assurance programme
149 Who is recognised engineer
150 Owner of dam must supply annual dam compliance certificate
151 Register of dams
152 Information to be provided to chief executive
153 Meaning of dangerous dam
154 Powers of regional authorities in respect of dangerous dams
155 Requirements for notice given under section 154
156 Regional authority may carry out work
157 Measures to avoid immediate danger
158 Regional authority must apply to District Court for confirmation of warrant
159 Building work includes decommissioning and demolition of dam
160 Power of regional authority not limited
161 Regional authority must adopt policy on dangerous dams
162 Adoption and review of policy
163 Definitions for this subpart
164 Issue of notice to fix
165 Requirements for notice to fix
166 Special provisions for notices to fix from building consent authority
167 Inspection of building work under notice to fix
168 Offence not to comply with notice to fix

3: Regulatory responsibilities and accreditation
169 Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
170 Chief executive must consult in performing certain functions
171 Chief executive may seek advice from building advisory panel
172 Appointment of building advisory panel
173 Function of panel
174 Chief executive must report on panel's operation
175 Chief executive may publish guidance information
176 Meaning of party
177 Application for determination
178 Requirements for application for determination
179 Chief executive may refuse application for determination
180 Application for determination may be withdrawn
181 Chief executive may make determination on own initiative
182 No proceedings until determination made
183 Decision or exercise of power suspended until determination made
184 Chief executive must decide whether to make determination
185 When determination must be completed
186 Procedure for determination
187 Chief executive may engage persons to assist with determination
188 Determination by chief executive
189 Clarification of determination
190 Parties' costs
191 Chief executive may enter person's name in register of building consent authorities or of regional authorities
192 Criteria for registration
193 Effect of registration
194 Application for registration
195 Chief executive must decide application for registration
196 Registration continuous so long as person meets criteria for registration
197 Consequences of failure to meet criteria for registration
198 Effect of suspension
199 Offence for person to perform functions of building consent authority or regional authority if person not registered, etc
200 Complaints about registered persons
201 Chief executive may conduct investigation on own initiative
202 Procedure if chief executive proceeds to investigate complaint or matter
203 Disciplinary powers of chief executive
204 Special powers of chief executive for monitoring performance of functions under this Act
205 Limits on power to enter land or building
206 Chief executive must supply warrant
207 Duties of person supplied with warrant
208 Appeals to District Court
209 Procedure for commencing appeal
210 Steps after appeal is commenced
211 Powers of District Court on appeal
212 Territorial authority must act as building consent authority within its district
213 Territorial authority may make arrangements relating to functions of building consent authority
214 How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority
215 Territorial authority must gain accreditation and be registered
216 Territorial authority must keep information about buildings
217 Access to certain information kept by territorial authority
218 Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under section 169
219 Territorial authority may impose fee or charge and must collect levy
220 Territorial authority may carry out building work on default
221 Recovery of costs when territorial authority carries out work on default
222 Inspections by territorial authority
223 Duty to assist inspections
224 Warrant must be produced
225 Offence to impersonate authorised officer
226 Restriction on entry to household unit
227 District Court may authorise entry to household unit
228 Authorised officer must give notice to occupier of household unit
229 Authorisation of enforcement officers
230 Conditions of authorisation
231 Offence to impersonate enforcement officer
232 Delegation of powers by territorial authority and its officers
233 Transfer of functions, duties, or powers of territorial authority
234 Procedure for transfer
235 Territorial authorities may agree on terms of transfer
236 Effect of transfer
237 Application of subpart
238 Duties of building consent authority
239 Building consent authority must provide information to chief executive
240 Building consent authority may impose fee or charge and must collect levy
241 Regional authority must gain accreditation and be registered
242 Regional authority must provide information to chief executive
243 Regional authorities may impose fee or charge and recover costs
244 Transfer of functions, duties, and powers of regional authority
245 Procedure for transfer
246 Regional authorities may agree on terms of transfer
247 Effect of transfer
248 Chief executive may appoint building consent accreditation body
249 Requirements for building consent accreditation body
250 Accreditation
251 Criteria for accreditation
252 Scope of accreditation of building consent authority that is not territorial authority
253 Application for accreditation
254 Revocation of accreditation
255 Building consent accreditation body must notify chief executive of grant and revocation of accreditation
256 Chief executive may appoint dam owner accreditation body
257 Requirements for dam owner accreditation body
258 Accreditation
259 Revocation of accreditation
260 Dam owner accreditation body must notify chief executive of grant and revocation of accreditation
261 Chief executive may appoint product certification accreditation body
262 Requirements for product certification accreditation body
263 Accreditation
264 Criteria for accreditation
265 Application for accreditation
266 Revocation of accreditation
267 Product certification accreditation body must notify chief executive of grant or revocation of accreditation
268 Application for product certificate
269 Issue of product certificate
270 Annual review of product certificate
271 Revocation of product certificate
272 Product certification body must notify chief executive of issue and revocation of certificate
273 Chief executive must keep registers
274 Purpose of registers
275 Content of register of building consent authorities
276 Review of territorial authorities
277 Non-performance by territorial authority
278 Criteria for appointment or renewal of appointment
279 Effect of appointment
280 Costs may be recovered from territorial authority
281 Requirements for appointment

4: Regulation of building practitioners
282 Definitions for this Part
283 Specified procedure for making decisions
284 Other procedure for making decisions
285 Classes of licences may be designated by regulations
286 Entitlement to licence
287 Applications for licence
288 Registrar to license applicant or decline application
289 Duty to produce evidence of issue of licence
290 Term of licence
291 Automatic licensing of people registered under other enactments
292 Licensed building practitioner must meet applicable minimum standards for licensing to continue to be licensed
293 Consequences of failure to meet applicable minimum standards for licensing
294 Cancellation of licence
295 Mandatory suspension of licence
296 Voluntary suspension of licence
297 Effect of suspension of licence
298 Register of licensed building practitioners
299 Purpose of register
300 Form of register
301 Matters to be contained in register
302 Obligation to notify Registrar of change in circumstances
303 Registrar must contact licensed building practitioners on annual basis
304 Alterations to register
305 Search of register
306 Search criteria
307 Search purposes
308 When search constitutes interference with privacy of individual
309 Search fees
310 Appointment of Registrar of Licensed Building Practitioners
311 Functions of Registrar
312 Power of Registrar to delegate
313 Certificate of Registrar to be conclusive evidence
314 Offences relating to licensing
315 Complaints about licensed building practitioners
316 Board must investigate complaints
317 Grounds for discipline of licensed building practitioners
318 Disciplinary penalties
319 Non-payment of fines or costs
320 Payment and application of charges, fines, and other money
321 Board must act independently
322 Board may hear evidence for disciplinary matters
323 Issuing of summons by Board
324 Service of summons
325 Witnesses' fees, allowances, and expenses
326 Failure to comply with summons
327 Witness and counsel privileges
328 Enforcement of actions
329 Certificate of Board to be conclusive evidence
330 Right of appeal
331 Time in which appeal must be brought
332 Method of bringing appeal
333 Notice of right of appeal
334 Actions to have effect pending determination of appeal
335 Procedure on appeal
336 Appeal authority's decision final
337 Appeal authority may refer matter back for reconsideration
338 Orders as to costs
339 Orders as to publication of names
340 Appeal on question of law
341 Establishment of Board
342 Capacity and powers
343 Board's functions
344 Composition of Board
345 Criteria for appointment
346 Further provisions relating to Board and its members
347 Obligation to prepare annual report
348 Form and content of annual report
349 Obligation for Board to provide annual report to Minister
350 Board to publish reports
351 Annual reports to be presented to House of Representatives
352 Power of Minister to require information relating to affairs of Board
353 Rules relating to licensed building practitioners
354 Chief executive to prepare proposed rules
355 Particular requirements for preparation of rules containing LBP standards
356 Rules to be approved by Board
357 Revision of rules
358 Approval of revised rule
359 Requirements of sections 355 to 358 relate to amendments and revocations by Board
360 Rules to be approved by Minister
361 Rules made when approved by Minister
362 Status of rules

5: Miscellaneous provisions
363 Offence to permit public use of building for which no building consent or code compliance certificate has been granted
364 Offence for residential property developer to transfer household unit without code compliance certificate
365 Offence to fail to comply with direction of authorised person
366 Offence to impersonate building consent authority or regional authority, etc
367 Offence to obstruct execution of powers under this Act
368 Offence to remove or deface notices
369 Offence to make false or misleading statement
370 Interpretation
371 Proceedings for infringement offences
372 Issue of infringement notices
373 Form of infringement notices
374 Payment of infringement fees
375 Prosecution of offences
376 Offences punishable on summary conviction
377 Laying information
378 Time limit for laying information
379 Offence under more than 1 enactment
380 What constitutes continuing offence
381 District Court may grant injunctions for certain continuing breaches
382 Terms of injunction or order
383 District Court may direct chief executive to make determination
384 District Court may grant interim injunctions
385 Application of section 381 to Crown organisation
386 Liability of principal for acts of agents
387 Liability for acts of employees or agents of Crown organisations
388 Strict liability and defences
389 Fines to be paid to territorial authority or regional authority instituting prosecution
390 Civil proceedings may not be brought against chief executive, employees, etc
391 Civil proceedings against building consent authorities or regional authorities
392 Building consent authority or regional authority not liable
393 Limitation defences
394 Service of notices
395 Notices in relation to Maori land
396 Application of sections 397 to 399
397 Implied warranties for building work in relation to household units
398 Proceedings for breach of warranties may be taken by person who was not party to contract for building work
399 Person may not give away benefit of warranties
400 Regulations: building code
401 Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
402 Regulations: general
403 Consultation requirements for making regulations
404 Certain regulations must not come into force earlier than specified date
405 Incorporation of material by reference into regulations and compliance document
406 Effect of amendments to, or replacement of, material incorporated by reference
407 Proof of material incorporated by reference
408 Effect of expiry of material incorporated by reference
409 Requirement to consult
410 Access to material incorporated by reference
411 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference
412 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
413 Application of Standards Act 1988 not affected
414 Amendments to other enactments
415 Repeal
416 Outline of transitional provisions
417 No compensation for loss of office
418 Authority dissolved
419 Assets and liabilities vest in Crown
420 Protection from civil liability for members, building referees, and employees of Authority continued
421 Restriction of compensation for technical redundancy
422 Reappointment of employee of Authority to Ministry
423 Final reports and accounts
424 References to Authority
425 Proceedings of Authority
426 Validation of levy
427 Validation of past expenditure of levy
428 Validation of accumulation of levy
429 Transitional provision for matters of doubt or dispute relating to building control under former Act
430 Transitional provision for building levy under former Act
431 Transitional provision for rate of building levy under this Act
432 Transitional provision for certain applications
433 Transitional provision for building consents granted under former Act
434 Transitional provision for certain entries on certificates of title made under former Act
435 Transitional provision for notices issued under former Act
436 Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
437 Transitional provision for issue of certificate of acceptance
438 Transitional provision for code compliance certificates and compliance schedules issued under former Act
439 Transitional provision for document used in establishing compliance with building code
440 Transitional provision for applications for approval as building certifier under former Act
441 Transitional provision for applications for continuation or renewal of approval as building certifier under former Act
442 Meaning of approved building certifier
443 Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority
444 What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006
445 What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006
446 Certain provisions of former Act apply for purposes of sections 444 and 445
447 Transitional provision for certificate of accreditation issued under former Act
448 Transitional provision for proceedings under former Act
449 Territorial authorities and regional authorities must apply to be registered by 31 May 2006
450 Territorial authority may act as building consent authority during transition to this Act
451 Chief executive must review building code

Schedule(s)

1 FIRST: Exempt building work
2 SECOND: Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies
3 THIRD: Further provisions applying to Board
4 FOURTH: Enactments amended

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