“minor customisation, in relation to an application for a building consent that incorporates plans and specifications that have national multiple-use approval, means a minor modification, addition, or variation to those plans and specifications that is permitted by regulations made under section 402(1)(kc)

“minor variation means a minor modification, addition, or variation to a building consent that is permitted by regulations made under section 402(1)(kd)

“national multiple-use approval means an approval issued by the chief executive under section 30F”.

• “(ba) determines applications for national multiple-use approvals; and”.

• “(ba) the effect of a national multiple-use approval and how to apply for one:”.

• “(c) when a project information memorandum is required and how to apply for one:”.

• “(ca) a current national multiple-use approval issued under section 30F, if every relevant condition in that national multiple-use approval is met:”.

“National multiple-use approvals

“30A National multiple-use approval establishes compliance with building code

• “(1) A national multiple-use approval establishes that the plans and specifications to which it relates comply with the building code.

  “(2) To avoid doubt, a national multiple-use approval does not confer the right to carry out building work that requires a building consent.

“30B How to apply for national multiple-use approval

• “(1) An application for a national multiple-use approval must—

  • “(a) be made in writing; and

  • “(b) be given, in the prescribed form and manner (if any), to the chief executive; and

  • “(c) contain the prescribed information (if any); and

  • “(d) be accompanied by plans and specifications that are—

    • “(i) required by regulations made under section 402; or

    • “(ii) if the regulations do not so require, required by the chief executive; and

  • “(e) if the application relates to building work for which a compliance schedule is required, be accompanied by a list of all specified systems for the building; and

  • “(f) contain or be accompanied by any other information that the chief executive reasonably requires.

  “(2) An application for an amendment to a national multiple-use approval must be made as if it were an application for a national multiple-use approval, and sections 30A to 30H apply with any necessary modifications.

“30C Applications for national multiple-use approval relating to design work that is restricted building work

• “(1) This section applies if an application for a national multiple-use approval is accompanied by plans and specifications that contain design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act.

  “(2) The design work referred to in subsection (1) must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.

  “(3) The plans and specifications that contain the design work referred to in subsection (1) must be accompanied by a memorandum—

  • “(a) provided by 1 or more licensed building practitioners who carried out or supervised that design work; and

  • “(b) that identifies that design work; and

  • “(c) that states—

    • “(i) that the design work complies with the building code; or

    • “(ii) whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.

“30D Chief executive must decide whether to accept, for processing, application for national multiple-use approval

• “(1) The chief executive must, as soon as practicable after receiving an application for a national multiple-use approval,—

  • “(a) decide whether to accept that application for processing; and

  • “(b) give written notice of his or her decision to the applicant; and

  • “(c) if the chief executive decides to refuse to accept the application for processing, state the reasons for the refusal in the notice given under paragraph (b).

  “(2) The chief executive may require further reasonable information in respect of the application.

  “(3) The chief executive may refuse to accept for processing an application for a national multiple-use approval only if the chief executive is satisfied, on reasonable grounds, that the application—

  • “(a) does not meet the requirements of this Act; or

  • “(b) includes a building method or product in relation to which the chief executive has publicly notified a ban under section 26; or

  • “(c) does not meet the prescribed eligibility criteria (if any) for a national multiple-use approval.

“30E Processing application for national multiple-use approval

• “(1) The chief executive must, after accepting for processing an application for a national multiple-use approval, decide whether to—

  • “(a) issue the national multiple-use approval; or

  • “(b) refuse to issue the national multiple-use approval.

  “(2) If regulations made under section 402(1)(kb) are in force, the chief executive must make the decision referred to in subsection (1) within the period of time prescribed in those regulations.

  “(3) The chief executive may require further reasonable information in respect of an application for a national multiple-use approval before making the decision referred to in subsection (1), and any prescribed period of time within which that decision must be made is suspended until the chief executive receives that information.

“30F Issue of national multiple-use approval

• “(1) The chief executive must issue a national multiple-use approval if he or she is satisfied, on reasonable grounds, that—

  • “(a) the application meets the requirements of section 30B; and

  • “(b) the applicant has paid the prescribed fee (if any); and

  • “(c) the application meets the prescribed eligibility criteria for a national multiple-use approval (if any); and

  • “(d) the application does not involve the use of a building method or product in relation to which the chief executive has publicly notified a ban under section 26; and

  • “(e) if building work were properly completed in accordance with the plans and specifications that accompanied the application, that building work would comply with the building code.

  “(2) A national multiple-use approval may be issued subject to—

  • “(a) a waiver or modification of the building code; and

  • “(b) 1 or more conditions, including, but not limited to, conditions that the approval applies only—

    • “(i) in specified regions; or

    • “(ii) in specified climates or conditions; or

    • “(iii) to specified aspects of the building work; or

    • “(iv) if the building work complies with specified requirements.

“30G Refusal to issue national multiple-use approval

• If the chief executive is not satisfied of the matters in section 30F, the chief executive must refuse to issue a national multiple-use approval and must give the applicant written notice of—

  • “(a) the refusal; and

  • “(b) the reasons for the refusal.

“30H Suspension or revocation of national multiple-use approval

• “(1) The chief executive may, at any time, suspend or revoke a national multiple-use approval, if the chief executive is satisfied that—

  • “(a) the approval was obtained by fraud, misrepresentation, or the concealment of facts; or

  • “(b) the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or

  • “(c) building work properly completed in accordance with the approval will no longer comply with the building code because of an amendment to the code.

  “(2) Before revoking or suspending a national multiple-use approval the chief executive must give the holder of the approval a reasonable opportunity to be heard.

  “(3) When suspending a national multiple-use approval, the chief executive must—

  • “(a) give the holder of the approval a reasonable period to rectify the matter that led to the suspension of the national multiple-use approval; and

  • “(b) lift the suspension if the chief executive is satisfied that the holder of the approval has rectified the matter within that period.

  “(4) Despite subsections (1) and (3), the chief executive must not suspend or revoke a national multiple-use approval if—

  • “(a) amendments are made to—

    • “(i) the prescribed eligibility criteria for a national multiple-use approval; or

    • “(ii) the building code; and

  • “(b) the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code, solely as a result of those amendments.

  “(5) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments referred to in that subsection come into force.

  “(6) The chief executive must record the suspension or revocation of a national multiple-use approval in the register of national multiple-use approvals.”

• “(1AA) A project information memorandum must be issued in the prescribed form (if any).”

“36 Territorial authority may issue development contribution notice

• “(1) This section applies if a territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner.

  “(2) The territorial authority must issue a notice, in the prescribed form, to the effect that a code compliance certificate for the building work will not be issued unless the development contribution is paid (development contribution notice).

  “(3) The development contribution notice must be—

  • “(a) attached to the project information memorandum; or

  • “(b) if no project information memorandum has been applied for, provided to the building consent authority.”

• “(3) The certificate must be—

  • “(a) attached to the project information memorandum; or

  • “(b) if no project information memorandum has been applied for, provided to the building consent authority.”

“39 Territorial authority must advise New Zealand Historic Places Trust in certain circumstances

• “(1) This section applies if—

  • “(a) an application for a project information memorandum, or for a building consent, affects a registered historic place, historic area, wāhi tapu, or wāhi tapu area; and

  • “(b) the territorial authority has not previously advised the New Zealand Historic Places Trust about the building work to which that application relates.

  “(2) The territorial authority must advise the New Zealand Historic Places Trust within 5 days after receiving the application.”

• “(ba) if a national multiple-use approval has been issued in relation to some or all of the plans and specifications required under paragraph (b), be accompanied by—

  • “(i) a copy of that national multiple-use approval; and

  • “(ii) details of any proposed minor customisations; and”.

• “(2) If an application for a building consent is accompanied by plans and specifications that contain design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act, that design work must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.

• “(3) The plans and specifications that contain the design work referred to in subsection (2) must be accompanied by a memorandum—

  • “(a) provided by 1 or more licensed building practitioners who carried out or supervised that design work; and

  • “(b) that identifies that design work; and

  • “(c) that states—

    • “(i) that the design work complies with the building code; or

    • “(ii) whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.

• “(4) An application for an amendment to a building consent must,—

  • “(a) in the case of a minor variation, be made in accordance with section 45A; and

  • “(b) in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51 apply with any necessary modifications.”

“45A Minor variations to building consents

• “(1) An application for a minor variation to a building consent—

  • “(a) is not required to be made in the prescribed form; but

  • “(b) must comply with all other applicable requirements of section 45.

  “(2) Sections 48 to 50 apply, with all necessary modifications, to an application for a minor variation.

  “(3) A building consent authority that grants a minor variation—

  • “(a) must record the minor variation in writing; but

  • “(b) is not required to issue an amended building consent.

“45B Changes to plans and specifications that have national multiple-use approval

• “(1) When applying for a building consent in reliance on plans and specifications for which a national multiple-use approval has been issued, or for an amendment to such a building consent under section 45(4), changes may be made to those plans and specifications if—

  • “(a) the changes are permitted under the terms of the national multiple-use approval; or

  • “(b) the changes are minor customisations permitted by regulations made under section 402(1)(kc).

  “(2) If any other changes are made to the plans and specifications referred to in subsection (1), the national multiple-use approval does not apply.”

• “(1) After receiving an application for a building consent that complies with section 45, a building consent authority must, within the time limit specified in subsection (1A),—

  • “(a) grant the application; or

  • “(b) refuse the application.

• “(1A) The time limit is—

  • “(a) if the application includes plans and specifications in relation to which a national multiple-use approval has been issued, within 10 working days after receipt by the building consent authority of the application; and

  • “(b) in all other cases, within 20 working days after receipt by the building consent authority of the application.”

• “(ba) contain confirmation that the New Zealand Historic Places Trust has been notified under section 39 (if applicable); and”.

• “(3) If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compliance with subsection (1)(b) or (ba), the building consent authority may grant the building consent despite that subsection.

• “(4) However, the building consent authority must, on receiving the document or information referred to in subsection (3), provide the owner with the document or information.”

• “(2) The territorial authority must issue a certificate that states that, as a condition of the grant of a building consent for the building work to which the application relates, 1 or more of those allotments specified by the territorial authority (the specified allotments) must not be transferred or leased except in conjunction with any specified other or others of those allotments.”

• “(5) The building consent authority must note, on the building consent, the condition imposed in the certificate.”

• “(iii) refuse to issue a national multiple-use approval.”

• “(d) in the case of an appeal under subsection (1)(b)(iii), the applicant for the national multiple-use approval.”

• “(3) A territorial authority must, in performing its functions as a building consent authority, provide to the New Zealand Fire Service Commission a copy of every application for a building consent of a kind specified by notice under section 46.”

• “(aaa) a register of national multiple-use approvals:”.

• “(iaa) in the case of the register of national multiple-use approvals, the names and contact details of the persons who have been issued with national multiple-use approvals, together with a description of each approval and any conditions that have been imposed; and”.

• “(ca) a current national multiple-use approval issued under section 30F (including, in any particular case, any minor customisations permitted by regulations made under section 402(1)(kc)):”.

• “(ka) prescribing eligibility criteria for national multiple-use approvals:

• “(kb) prescribing the period of time within which the chief executive must decide, under section 30E(1), whether to issue a national multiple-use approval:

• “(kc) defining the minor customisations that may be made to plans and specifications in relation to which a national multiple-use approval has been issued when incorporating those plans and specifications into a building consent:

• “(kd) defining the minor variations that may be made to a building consent for the purposes of section 45A:”.

“402A Chief executive must review regulations made under section 402(1)(kb)

• The chief executive must, within 2 years after the commencement of regulations made under section 402(1)(kb),—

  • “(a) review the prescribed period of time within which the chief executive must decide whether to issue a national multiple-use approval; and

  • “(b) prepare for the Minister a report on the findings of that review.”