(1) The following provisions come into force on 30 November 2004:

• (a) section 1:

• (b) Part 1 (except sections 12 to 14):

• (c) sections 131 and 132:

• (d) subpart 1 of Part 3:

• (e) Part 4:

• (f) Part 5 (except sections 414 and 415, 429 to 448, and 450):

• (g) Schedule 3.

(2) The rest of this Act comes into force on 31 March 2005 (except sections 45(1)(e) and 45(2) to 45(4) and 84 to 89).

(3) Sections 45(1)(e) and 45(2) to 45(4) and 84 to 89 come into force on 30 November 2010.

The purpose of this Act is to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings, to ensure that—

• (a) people who use buildings can do so safely and without endangering their health; and

• (b) buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and

• (c) people who use a building can escape from the building if it is on fire; and

• (d) buildings are designed, constructed, and able to be used in ways that promote sustainable development.

(1) This section applies to—

• (a) the Minister; and

• (b) the chief executive; and

• (c) a territorial authority or regional authority (but only to the extent that the territorial authority or regional authority is performing functions or duties, or exercising powers, in relation to the grant of waivers or modifications of the building code and the adoption and review of policy on dangerous, earthquake-prone, and insanitary buildings or, as the case may be, dangerous dams).

(2) In achieving the purpose of this Act, a person to whom this section applies must take into account the following principles that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act:

• (a) when dealing with any matter relating to 1 or more household units,—

  • (i) the role that household units play in the lives of the people who use them, and the importance of—

    • (A) the building code as it relates to household units; and

    • (B) the need to ensure that household units comply with the building code:

  • (ii) the need to ensure that maintenance requirements of household units are reasonable:

  • (iii) the desirability of ensuring that owners of household units are aware of the maintenance requirements of their household units:

• (b) the need to ensure that any harmful effect on human health resulting from the use of particular building methods or products or of a particular building design, or from building work, is prevented or minimised:

• (c) the importance of ensuring that each building is durable for its intended use:

• (d) the importance of recognising any special traditional and cultural aspects of the intended use of a building:

• (e) the costs of a building (including maintenance) over the whole of its life:

• (f) the importance of standards of building design and construction in achieving compliance with the building code:

• (g) the importance of allowing for continuing innovation in methods of building design and construction:

• (h) the reasonable expectations of a person who is authorised by law to enter a building to undertake rescue operations or firefighting to be protected from injury or illness when doing so:

• (i) the need to provide protection to limit the extent and effects of the spread of fire, particularly with regard to—

  • (i) household units (whether on the same land or on other property); and

  • (ii) other property:

• (j) the need to provide for the protection of other property from physical damage resulting from the construction, use, and demolition of a building:

• (k) the need to provide, both to and within buildings to which section 118 applies, facilities that ensure that reasonable and adequate provision is made for persons with disabilities to enter and carry out normal activities and processes in a building:

• (l) the need to facilitate the preservation of buildings of significant cultural, historical, or heritage value:

• (m) the need to facilitate the efficient use of energy and energy conservation and the use of renewable sources of energy in buildings:

• (n) the need to facilitate the efficient and sustainable use in buildings of—

  • (i) materials (including materials that promote or support human health); and

  • (ii) material conservation:

• (o) the need to facilitate the efficient use of water and water conservation in buildings:

• (p) the need to facilitate the reduction in the generation of waste during the construction process.

(1) This Act replaces the Building Act 1991.

(2) In this Act,—

• (a) this Part deals with preliminary matters, including—

  • (i) the purpose of this Act:

  • (ii) interpretation:

  • (iii) the application of this Act to the Crown:

• (b) Part 2 and Schedules 1 and 2 deal with matters relating to the building code and building control, including—

  • (i) the requirements relating to building work (for example, the requirement for a building consent):

  • (ii) the requirements relating to the use of buildings (for example, the requirement for a compliance schedule or the provisions relating to access to buildings by persons with disabilities):

  • (iii) provisions for certain categories of buildings (including dangerous, earthquake-prone, or insanitary buildings):

  • (iv) provisions for the safety of dams:

• (c) Part 3—

  • (i) sets out the main functions, duties, and powers of the chief executive, territorial authorities, building consent authorities, and regional authorities under this Act:

  • (ii) empowers the chief executive to register building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3:

  • (iii) provides for the appointment of a building consent accreditation body and the accreditation of building consent authorities:

  • (iv) provides for the appointment of a dam owner accreditation body and the accreditation of dam owners:

  • (v) provides for the appointment of a product certification accreditation body and the accreditation of product certification bodies:

  • (vi) sets out a process for the certification of building methods or products:

• (d) Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the establishment of the Building Practitioners Board, and the making of rules relating to licensed building practitioners:

• (e) Part 5 and Schedule 4 deal with miscellaneous matters that underpin the substantive provisions of this Act, including—

  • (i) offences and criminal proceedings:

  • (ii) implied terms of contracts that provide for building work to be carried out in relation to household units:

  • (iii) regulation-making powers:

  • (iv) amendments to other enactments and the repeal of the Building Act 1991:

  • (v) transitional provisions.

(3) This section is intended only as a guide to the general scheme and effect of this Act.

(1) This Act binds the Crown except as provided in subsections (2) to (4).

(2) This Act does not apply to a Crown building or Crown building work if the Minister of Defence certifies in writing that the building or building work is necessary for reasons of national security.

(3) An instrument of the Crown may be prosecuted for an offence against this Act only if—

• (a) it is a Crown organisation; and

• (b) the offence is alleged to have been committed by the Crown organisation; and

• (c) the proceedings are commenced—

  • (i) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

  • (ii) in accordance with the Crown Organisations (Criminal Liability) Act 2002.

(4) The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided for in subsection (3).

In this Act, unless the context otherwise requires,—

(1) In this Act, unless the context otherwise requires, building—

• (a) means a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery, or chattels); and

• (b) includes—

  • (i) a mechanical, electrical, or other system; and

  • (ii) a fence as defined in section 2 of the Fencing of Swimming Pools Act 1987; and

  • (iii) a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or longterm basis; and

  • (iv) a mast pole or a telecommunication aerial that is on, or forms part of, a building and that is more than 7 m in height above the point of its attachment or base support (except a dish aerial that is less than 2 m wide); and

• (c) includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and

• (d) includes the non-moving parts of a cable car attached to or servicing a building; and

• (e) after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.

(2) Subsection (1)(b)(i) only applies if—

• (a) the mechanical, electrical, or other system is attached to the structure referred to in subsection (1)(a); and

• (b) the system—

  • (i) is required by the building code; or

  • (ii) if installed, is required to comply with the building code.

(3) Subsection (1)(c) only applies in relation to—

• (a) subpart 2 of Part 2; and

• (b) a building consent; and

• (c) a code compliance certificate; and

• (d) a compliance schedule.

(4) This section is subject to section 9.

In this Act, building does not include—

• (a) a NUO system, or part of a NUO system, that—

  • (i) is external to the building; and

  • (ii) is connected to, or is intended to be connected to, the building to provide for the successful functioning of the NUO system in accordance with the system's intended design and purpose; and

  • (iii) is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or

• (ab) a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or

• (b) cranes (including any cranes as defined in regulations made under the Health and Safety in Employment Act 1992); or

• (c) any of the following, whether or not incorporated within another structure:

  • (i) ski tows:

  • (ii) other similar stand-alone machinery systems; or

• (d) any description of vessel, boat, ferry, or craft used in navigation—

  • (i) whether or not it has a means of propulsion; and

  • (ii) regardless of what that means of propulsion is; or

• (e) aircraft (including any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth); or

• (f) any offshore installation (as defined in section 222 of the Maritime Transport Act 1994) to be used for petroleum mining; or

• (g) containers as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996; or

• (h) magazines as defined in section 222 of the Hazardous Substances and New Organisms Act 1996; or

• (i) scaffolding used in the course of the construction process; or

• (j) falsework.

(1) In this Act, unless the context otherwise requires, allotment means a parcel of land—

• (a) that is a continuous area of land; and

• (b) whose boundaries are shown on a survey plan, whether or not as a subdivision—

  • (i) approved by way of a subdivision consent granted under the Resource Management Act 1991; or

  • (ii) allowed or granted under any other Act; and

• (c) that is—

  • (i) subject to the Land Transfer Act 1952 and comprised in 1 certificate of title or for which 1 certificate of title could be issued under that Act; or

  • (ii) not subject to that Act and was acquired by its owner under 1 instrument of conveyance.

(2) For the purposes of subsection (1), an allotment is taken—

• (a) to be a continuous area of land even if part of it is physically separated from any other part by a road or in any other manner, unless the division of the allotment into those 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:

• (b) to include the balance of any land from which any allotment is being or has been subdivided.

Under this Act, the chief executive—

• (a) issues compliance documents and reviews those documents; and

• (b) warns against, or bans the use of, particular building methods or products; and

• (c) specifies the kinds of applications for a building consent that must be copied to the New Zealand Fire Service Commission under section 46; and

• (d) monitors and reports annually to the Minister in accordance with section 169; and

• (e) publishes guidance information on the requirements of this Act and the building code; and

• (f) registers building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3; and

• (g) makes determinations under subpart 1 of Part 3; and

• (h) reviews the operation of territorial authorities, regional authorities, and building consent authorities in relation to their functions under this Act; and

• (i) grants and revokes accreditation of building consent authorities or appoints a building consent accreditation body to do so; and

• (j) grants and revokes accreditation of dam owners or appoints a dam owner accreditation body to do so; and

• (k) appoints a product certification accreditation body under section 261; and

• (l) disseminates information and provides educational programmes on matters relating to building control; and

• (m) takes enforcement action (including taking proceedings for offences under this Act) if the chief executive considers that it is desirable to do so—

  • (i) to establish or clarify any matter of principle relating to building or the interpretation of this Act; or

  • (ii) in cases where 1 or more territorial authorities are unwilling or unable to take enforcement action; and

• (n) establishes and maintains the registers referred to in section 273; and

• (o) appoints the Registrar under section 310; and

• (p) prepares proposed rules under section 354; and

• (q) carries out any other functions and duties specified in this Act; and

• (r) carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (q).

(1) Under this Act, a building consent authority—

• (a) issues building consents, but not if a building consent is required to be subject to a waiver or modification of the building code; and

• (b) inspects building work for which it has granted a building consent; and

• (c) issues notices to fix; and

• (d) issues code compliance certificates; and

• (e) issues compliance schedules.

(2) Under this Act, a territorial authority—

• (a) performs the functions of a building consent authority set out in subsection (1)(a) (including the issue of building consents subject to a waiver or modification of the building code) if—

  • (i) the territorial authority is also a building consent authority; and

  • (ii) an owner applies to the territorial authority for a building consent; and

• (b) issues project information memoranda; and

• (c) grants exemptions under Schedule 1; and

• (d) grants waivers and modifications of the building code; and

• (e) issues certificates of acceptance; and

• (f) issues and amends compliance schedules; and

• (g) administers annual building warrants of fitness; and

• (h) enforces the provisions relating to annual building warrants of fitness; and

• (i) decides the extent to which buildings must comply with the building code when—

  • (i) they are altered; or

  • (ii) their use is changed; or

  • (iii) their specified intended life changes; and

• (j) performs functions relating to dangerous, earthquake prone, or insanitary buildings; and

• (k) carries out any other functions and duties specified in this Act; and

• (l) carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (k).

Under this Act, a regional authority—

• (a) performs the functions of a building consent authority set out in section 12 to the extent that those functions relate to dams (including the issue of building consents subject to a waiver or modification of the building code); and

• (b) considers and approves dam classifications; and

• (c) considers and approves dam safety assurance programmes; and

• (d) administers the provisions of this Act relating to—

  • (i) dam classifications; and

  • (ii) dam safety assurance programmes; and

  • (iii) dam compliance certificates; and

• (e) enforces the provisions of the building code and this Act and regulations that relate to dams; and

• (f) adopts a policy on dangerous dams; and

• (g) carries out any other functions and duties specified in this Act; and

• (h) carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (g).

(1) The regional authority is responsible for performing functions under this Act relating to a building that is a dam.

(2) If a building includes a dam,—

• (a) the regional authority is responsible for performing functions under this Act relating to the dam; and

• (b) the building consent authority and territorial authority are responsible for performing functions under this Act relating to the parts of the building that are not a dam.

(3) For the purposes of subsection (1),—

• (a) sections 31 to 39 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority; and

• (b) sections 40 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority were a reference to a regional authority.

(4) For the purposes of subsection (2), sections 31 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority.

(5) The building consent authority and territorial authority must do everything reasonably practicable to liaise with the regional authority in performing functions or duties, or exercising powers, in relation to a building that includes a dam.

(1) In general terms, this Part provides—

• (a) that all building work must comply with the building code to the extent required by this Act:

• (b) how compliance with the building code is to be established:

• (c) that a project information memorandum must be obtained before a building consent is issued:

• (d) when a building consent is required and how to apply for one:

• (e) that an applicant for a building consent is liable to pay a levy to the chief executive if the application is granted:

• (f) that restricted building work must be carried out or supervised by 1 or more licensed building practitioners:

• (g) for a building consent authority to issue a notice requiring building work to be fixed so as to comply with this Act and the building consent:

• (h) that a building consent authority may inspect building work for which it has granted a consent:

• (i) that all building work under a building consent must have a code compliance certificate issued by the building consent authority that issued the building consent or another building consent authority that agrees to assume responsibility for the building work:

• (j) that a compliance schedule and annual building warrant of fitness is required for buildings with specified systems:

• (k) that when a building undergoes alterations it may have to be upgraded to comply with the building code:

• (l) for requirements that must be met when the use or intended life of a building changes:

• (m) for access and facilities for persons with disabilities to and within buildings:

• (n) for territorial authorities to perform functions relating to dangerous, earthquake-prone, or insanitary buildings:

• (o) for regional authorities to perform functions relating to dams.

(2) This section is intended only as a guide to the general scheme and effect of this Part.

The building code prescribes functional requirements for buildings and the performance criteria with which buildings must comply in their intended use.

All building work must 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.

(1) A person who carries out any building work is not required by this Act to—

• (a) achieve performance criteria that are additional to, or more restrictive than, the performance criteria prescribed in the building code in relation to that building work; or

• (b) take any action in respect of that building work if it complies with the building code.

(2) Subsection (1) is subject to any express provision to the contrary in any Act.

(1) A building consent authority must accept any or all of the following as establishing compliance with the building code:

• (a) compliance with regulations referred to in section 20:

• (b) compliance with the provisions of a compliance document:

• (c) a determination to that effect made by the chief executive under subpart 1 of Part 3:

• (d) a current product certificate issued under section 269, if any relevant condition in that product certificate is met:

• (e) to the extent that compliance with a requirement imposed by regulations made under the Electricity Act 1992 or the Gas Act 1992 is compliance with any particular provisions of the building code, a certificate issued under any of those regulations to the effect that any energy work complies with those requirements.

(2) In considering whether something complies with the building code, a building consent authority or, as the case may be, a regional authority—

• (a) must have regard to any relevant warning issued, and ban declared, under section 26(2); and

• (b) may have regard to any guidance information published by the chief executive under section 175.

(1) Regulations may be made under section 401 that specify that there is only 1 means of complying with all or any of the provisions of the building code.

(2) Without limiting subsection (1), the regulations may specify the means of compliance with the building code by requiring the use in the prescribed circumstances (if any) of all or any of the following:

• (a) prescribed acceptable solutions:

• (b) prescribed verification methods:

• (c) building methods, methods of construction, building design, or building materials (building methods or products) that have a current product certificate issued under section 269.

(1) If regulations referred to in section 20 are made, a person who carries out any building work must, in order to comply with the building code, comply with those regulations to the extent that they are relevant to the building work.

(2) If the regulations are not made, a person may comply with the building code by any means, including by complying with a compliance document.

(1) The chief executive may, by notice in the Gazette, issue a document for use in establishing compliance with the building code (a compliance document).

(2) A person who complies with a compliance document must, for the purposes of this Act, be treated as having complied with the provisions of the building code to which the document relates.

(3) Subsection (2) is subject to any regulations referred to in section 20.

A person may comply with a compliance document in order to comply with the provisions of the building code to which the document relates, but doing so is not the only means of complying with those provisions.

(1) The chief executive may, by notice in the Gazette, amend or revoke a compliance document at any time.

(2) If subsection (1) applies, the amendment or revocation does not have retrospective effect.

(1) A compliance document must state—

• (a) the date on which the document comes into force; and

• (b) whether the document, or parts of it, applies to building work for which a building consent has been issued before the date on which the compliance document comes into force.

(2) A compliance document may contain—

• (a) acceptable solutions; or

• (b) verification methods.

(3) A compliance document must not contain a provision that—

• (a) relates to contractual or commercial requirements; or

• (b) relates to regulatory approvals, dispensations, or waivers; or

• (c) is inconsistent with this Act or the regulations.

(4) Material may be incorporated by reference in a compliance document in accordance with sections 405 to 413.

(1) The chief executive must ensure that—

• (a) promptly after a new compliance document is issued, a digital copy is publicly available on the Ministry's website:

• (b) even after a compliance document has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the website:

• (c) promptly after a compliance document is amended, there are publicly available on the Ministry's website—

  • (i) a digital copy of the amendment; and

  • (ii) a digital copy of the document in its up-to-date form.

(2) [Repealed]

(3) [Repealed]

(4) The digital copies must be available free of charge.

(1) This section applies if the chief executive considers on reasonable grounds that the use of a building method or product has resulted, or is likely to result, in a building or building work failing to comply with the building code.

(2) The chief executive may—

• (a) issue a warning about the building method or product; or

• (b) declare a ban on the building method or product.

(3) The chief executive must publicly notify—

• (a) the warning or ban; and

• (b) the date on which the warning or ban comes into force; and

• (c) in the case of a ban, whether the ban applies to building work for which a building consent has been issued before the date on which the ban comes into force; and

• (d) whether the procedure in section 29 has been followed in relation to the warning or ban.

(4) The chief executive—

• (a) may, at any time, amend or revoke the warning or ban; and

• (b) must publicly notify—

  • (i) the amendment or revocation; and

  • (ii) the date on which the amendment or revocation comes into force.

(1) A person must not use a building method or product if doing so breaches a ban under section 26.

(2) A person commits an offence if the person fails to comply with subsection (1).

(3) A person who commits an offence under this section is liable to a fine not exceeding $200,000.

(1) A building consent authority must not exercise any of the powers specified in subsection (2) if doing so results, or could result, in a person breaching a ban under section 26.

(2) The powers are—

• (a) to grant a building consent for building work; or

• (b) to issue a code compliance certificate for building work.

(3) However, subsection (2)(b) does not apply if the building consent to which the code compliance certificate relates was granted before the ban under section 26 came into force.

(1) This section applies if the chief executive proposes to—

• (a) issue a compliance document; or

• (b) amend or revoke a compliance document; or

• (c) issue a warning or declare a ban; or

• (d) amend or revoke a warning or ban.

(2) Before doing any of the things referred to in subsection (1), the chief executive must—

• (a) seek to identify all reasonably practicable options for achieving the objective of the document, warning, or ban; and

• (b) assess those options by considering—

  • (i) the benefits and costs of each option; and

  • (ii) the extent to which the objective would be promoted or achieved by each option; and

  • (iii) any other matters that, in the chief executive's opinion, are relevant; and

• (c) publicly notify a statement of proposal; and

• (d) give persons an opportunity to make submissions on the statement of proposal; and

• (e) consider those submissions.

(3) For the purposes of subsection (2)(c), the chief executive must notify—

• (a) where copies of the statement of proposal may be obtained; and

• (b) that submissions on the statement of proposal may be made to the chief executive by a specified date (which date must not be less than 10 working days after the date of the public notification).

(4) The statement of proposal must contain—

• (a) a detailed statement of the proposal (which may be a copy of the proposed document, warning, or ban); and

• (b) a statement of the reasons for the proposal; and

• (c) an analysis of the reasonably practicable options, including the proposal, identified under subsection (2); and

• (d) a detailed statement of the proposed transitional changes (if any) for the document, warning, or ban; and

• (e) the date on which the document, warning, or ban is proposed to come into force; and

• (f) a statement as to whether the document, warning, or ban will apply to building work for which a building consent has been issued before the date on which the document, warning, or ban comes into force; and

• (g) any other information that the chief executive considers relevant.

(5) The chief executive is not required to comply with subsection (2) if the chief executive is satisfied that—

• (a) the document or warning needs to be issued, or the ban needs to be declared, urgently; or

• (b) the document, warning, or ban needs to be amended urgently; or

• (c) the document, warning, or ban needs to be revoked urgently; or

• (d) the effect of the document, warning, or ban is minor and will not adversely affect the substantial interests of any person.

(1) If section 29(5) applies, the chief executive must—

• (a) consult on the document, warning, or ban (as the case may be) in accordance with section 29(2) to (4); and

• (b) after that consultation, publicly notify whether he or she has decided to amend, replace, or revoke the document, warning, or ban.

(2) The chief executive must comply with subsection (1) within 6 months of issuing, amending, replacing, or revoking the document, warning, or ban concerned.

(3) In the public notification, the chief executive must—

• (a) explain the reasons for his or her decision; or

• (b) state where copies of that explanation may be obtained.

(1) A building consent authority must,—

• (a) on receiving an application for a building consent, apply for a project information memorandum to the territorial authority for the district in which the proposed building work is to be situated; and

• (b) on receiving the project information memorandum from the territorial authority, provide a copy of the memorandum to the owner.

(2) Subsection (1) does not apply if—

• (a) the building consent authority is the territorial authority for the district in which the proposed building work is to be situated (in which case the territorial authority must issue the project information memorandum for the building work and provide a copy of the memorandum to the owner); or

• (b) a project information memorandum has been issued before the application for a building consent is made.

An owner may apply to a territorial authority for a project information memorandum for building work if—

• (a) the owner is considering carrying out building work; and

• (b) a building consent is required for that work.

(1) An application for a project information memorandum must be in the prescribed form and be accompanied by—

• (a) the application charge fixed by the territorial authority; and

• (b) any information that the territorial authority reasonably requires in relation to authorisations or requirements (if any) that—

  • (i) the territorial authority is authorised to refuse or impose under any Act (except this Act); and

  • (ii) are likely to be relevant to the design and construction of the proposed building; and

• (c) any other information that the territorial authority (acting as agent for a network utility operator by prior agreement with that network utility operator) requires in respect of proposed connections to public utilities from the proposed building work.

(2) The territorial authority may not make a requirement under subsection (1)(b) if more than 10 working days have elapsed since the date on which the territorial authority received the application.

(3) For the purposes of subsection (1)(b), the authorisations and requirements referred to in that subsection include, without limitation, authorisations and requirements in respect of—

• (a) the intended use of the proposed building; and

• (b) the location and external dimensions of the proposed building; and

• (c) provisions to be made—

  • (i) for access for vehicles; and

  • (ii) in building over or adjacent to any road or public place; and

  • (iii) for disposing of stormwater and wastewater; and

• (d) precautions to be taken if building work is carried out over any existing drains or sewers or in close proximity to wells or water mains.

(1) A territorial authority must issue a project information memorandum within 20 working days after receiving an application under section 31(1)(a) or section 32.

(2) However, if the territorial authority requires any information under section 33(1)(b) or (c), the period specified in subsection (1) is suspended until it receives the information.

(3) The territorial authority must issue the project information memorandum within 10 working days after receiving that information.

(4) A territorial authority may, within the period specified in subsection (1) or, if applicable, in subsection (3), reissue a project information memorandum if the territorial authority—

• (a) considers, on reasonable grounds, that the project information memorandum contains an error or omission; or

• (b) receives information that affects the project information memorandum.

(1) A project information memorandum must include—

• (a) information likely to be relevant to the proposed building work that identifies—

  • (i) the heritage status of the building (if any); and

  • (ii) each special feature of the land concerned (if any); and

• (b) information likely to be relevant to the proposed building work that, in terms of any other Act, has been notified to the territorial authority by a statutory authority; and

• (c) details of any existing stormwater or wastewater utility systems that—

  • (i) relate to the proposed building work; or

  • (ii) are on, or adjacent to, the site of the proposed building work; and

• (d) details of any authorisation in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator (if the territorial authority is acting as agent for a network utility operator by prior agreement with the network utility operator), is authorised to refuse or require under any Act, except this Act, and, in respect of each authorisation,—

  • (i) a statement of the requirements to be met in order for the authorisation to be granted or imposed; and

  • (ii) the conditions to which an authorisation will be subject; and

• (e) if the territorial authority considers that the owner of the building or proposed building to which the project information memorandum relates is likely to be required, under section 21A of the Fire Service Act 1975, to make provision for a scheme that provides for evacuation from the scene of a fire, a statement to that effect; and

• (f) if the territorial authority considers that notification to the New Zealand Historic Places Trust is likely to be required under section 39, a statement to that effect; and

• (g) either—

  • (i) confirmation, subject to this Act, that building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained; or

  • (ii) notification that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent; and

• (h) if section 75 applies, the statement referred to in section 75(2); and

• (i) if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—

  • (i) section 118 (relating to access and facilities for persons with disabilities to and within buildings); and

  • (ii) the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.

(2) In this section,—

If a territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner, the territorial authority may attach to the project information memorandum 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).

(1) This section applies if a territorial authority considers that—

• (a) a resource consent under the Resource Management Act 1991 has not yet been obtained; and

• (b) the resource consent will or may materially affect building work to which a project information memorandum relates.

(2) The territorial authority must attach to the project information memorandum a certificate, in the prescribed form, to the effect that until the resource consent has been obtained—

• (a) no building work may proceed; or

• (b) building work may only proceed to the extent stated in the certificate.

If a project information memorandum contains information previously supplied to a territorial authority by a network utility operator or a statutory authority, the territorial authority must give a copy of the project information memorandum to that operator or that authority.

(1) If the conditions set out in subsection (2) apply, a territorial authority must advise the New Zealand Historic Places Trust within 5 days after receiving an application for a project information memorandum.

(2) The conditions are—

• (a) that the application affects a registered historic place, historic area, w¯ahi tapu, or w¯ahi tapu area; and

• (b) that the territorial authority has not previously issued a project information memorandum for the building work to which the application applies.

(1) A person must not carry out any building work except in accordance with a building consent.

(2) A person commits an offence if the person fails to comply with this section.

(3) A person who commits an offence under this section is liable to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.

(1) Despite section 40, a building consent is not required in relation to—

• (a) a Crown building or Crown building work to which, under section 6, this Act does not apply; or

• (b) any building work described in Schedule 1; or

• (c) any building work in respect of which a building consent cannot practicably be obtained in advance because the building work has to be carried out urgently—

  • (i) for the purpose of saving or protecting life or health or preventing serious damage to property; or

  • (ii) in order to ensure that a specified system in a building that is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building, is maintained in a safe condition or is made safe; or

• (d) any energy work that, under section 43, does not require a building consent; or

• (e) any building work that a territorial authority is authorised to carry out under this Act.

(2) The Governor-General may, by Order in Council, add any building work or class of building works to Schedule 1 as being building work for which a building consent is not required.

(1) If, in reliance on section 41(1)(c), building work is carried out without a building consent having been obtained in respect of that work, the owner must, as soon as practicable after completion of the building work, apply for a certificate of acceptance under section 96.

(2) A person commits an offence if the person fails to apply for a certificate of acceptance in accordance with subsection (1).

(3) A person who commits an offence under this section is liable to a fine not exceeding $5,000.

(1) Energy work does not require a building consent.

(2) However, the following energy work requires a building consent:

• (a) energy work that relates to any specified system that is contained in, or proposed to be contained in, any building (whether existing or proposed) and that,—

  • (i) in the case of an existing specified system, is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building; or

  • (ii) in the case of a proposed specified system, will be required to be covered by a compliance schedule; and

• (b) energy work in any case where, if that work required a building consent, a consent could not be granted unless it was granted subject to a waiver or modification of the building code.

(3) An owner who wishes to obtain a building consent for energy work that does not require a building consent may apply for a building consent for that work (whether or not the application also relates to any other building work), and in that case this Act applies as if the energy work required a building consent.

(1) An owner intending to carry out building work must, before the building work begins, apply for a building consent to a building consent authority that is authorised, within the scope of its accreditation, to grant a building consent for the proposed building work.

(2) An owner may make a series of applications for building consents for stages of the proposed building work.

(1) An application for a building consent must—

• (a) be in the prescribed form; and

• (b) 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 a building consent authority; and

• (c) contain or be accompanied by any other information that the building consent authority reasonably requires; and

• (d) be accompanied by the charge fixed by the building consent authority; and

• (e) in the case of an application for a building consent that relates to restricted building work, state the name of each licensed building practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the restricted building work that is the subject of the application; and

• (f) if the owner applies for a project information memorandum for the building work under section 32 and the project information memorandum is then issued, be accompanied by—

  • (i) the project information memorandum; and

  • (ii) a development contribution notice under section 36 (if any); and

  • (iii) a certificate issued under section 37 (if any); and

• (g) be accompanied by either one of the following:

  • (i) if a compliance schedule is required as a result of the building work, a list of all specified systems for the building; or

  • (ii) if an amendment to an existing compliance schedule is required as a result of the building work, a list of all specified systems that are being—

    • (A) altered in the course of the building work:

    • (B) added to the building in the course of the building work:

    • (C) removed from the building in the course of the building work.

(2) If an application for a building consent relates to 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, any plans and specifications referred to in subsection (1) that accompany the application must—

• (a) be prepared by, or under the supervision of, 1 or more licensed building practitioners; and

• (b) be the subject of a memorandum—

  • (i) prepared by 1 or more licensed building practitioners who carried out or supervised the restricted building work; and

  • (ii) that identifies that work; and

  • (iii) that is provided with the plans and specifications.

(3) [Repealed]

(4) The memorandum under subsection (2)(b) must state, if the restricted building work was to be properly completed in accordance with the plans and specifications that accompanied the application,—

• (a) that the restricted building work will comply with the building code; or

• (b) whether waivers or modifications are required to the building code and, if so, what those waivers or modifications are.

(5) An application for an amendment to a building consent must be made as if it were an application for a building consent, and this section applies with any necessary modifications.

(1) This section applies to an application for a building consent that is of a kind specified by the chief executive by notice published in the Gazette.

(2) A copy of the notice must be given by the chief executive to every building consent authority as soon as practicable after it is so published.

(3) A building consent authority must, on receipt of an application to which this section applies, provide a copy of the application to the New Zealand Fire Service Commission.

(1) The New Zealand Fire Service Commission may, within 10 working days after receiving a copy of an application for a building consent under section 46, provide the building consent authority concerned with a memorandum that sets out advice on the following matters in respect of the building to which the application relates:

• (a) provisions for means of escape from fire:

• (b) the needs of persons who are authorised by law to enter the building to undertake fire-fighting.

(2) The New Zealand Fire Service Commission must not, in the memorandum referred to in subsection (1), set out advice that provides for the building to meet performance criteria that exceed the requirements of the building code.

(3) If the New Zealand Fire Service Commission does not provide a memorandum within the period specified in subsection (1), the building consent authority may proceed to determine the application without the memorandum.

(1) A building consent authority must, within 20 working days after receiving an application for a building consent that complies with section 45,—

• (a) grant the application; or

• (b) refuse the application.

(2) A building consent authority may, within the period specified in subsection (1), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives that information.

(3) In deciding whether to grant or refuse an application for a building consent, the building consent authority must have regard to—

• (a) a memorandum provided by the New Zealand Fire Service Commission under section 47 (if any); and

• (b) whether a building method or product to which a current warning or ban under section 26(2) relates will, or may, be used or applied in the building work to which the building consent relates.

(4) Subsection (3) does not limit section 49(1).

(1) A building consent authority must grant a building consent if it is satisfied on reasonable grounds that the provisions of the building code would be met if the building work were properly completed in accordance with the plans and specifications that accompanied the application.

(2) However, a building consent authority is not required to grant a building consent until it receives—

• (a) any charge fixed by it in relation to the consent; and

• (b) any levy payable under section 53; and

• (c) if section 25 of the Affordable Housing: Enabling Territorial Authorities Act 2008 applies, notification under section 25(6) of that Act.

If a building consent authority refuses to grant an application for a building consent, the building consent authority must give the applicant written notice of—

• (a) the refusal; and

• (b) the reasons for the refusal.

(1) A building consent must—

• (a) be issued in the prescribed form; and

• (b) have attached to it a copy of—

  • (i) the project information memorandum for the building work to which the building consent relates; and

  • (ii) a development contribution notice under section 36 (if any); and

  • (iii) a certificate issued under section 37 (if any); and

• (c) if a compliance schedule is required as a result of the building work, state—

  • (i) the specified systems that must be covered by the compliance schedule; and

  • (ii) the performance standards for the specified systems that are required by the building code; and

• (d) if an amendment to an existing compliance schedule is required as a result of the building work, state—

  • (i) the specified systems that must be covered by the compliance schedule; and

  • (ii) the performance standards for the specified systems that are required by the building code.

(2) The issue of a building consent does not, of itself,—

• (a) relieve the owner of the building or proposed building to which the building consent relates of any duty or responsibility under any other Act relating to or affecting the building or proposed building; or

• (b) permit the construction, alteration, demolition, or removal of the building or proposed building if that construction, alteration, demolition, or removal would be in breach of any other Act.

(3) If a building consent authority does not receive a project information memorandum from the territorial authority within the time required in section 34(1) or, as the case may be, section 34(3), the building consent authority may issue the building consent despite subsection (1)(b)(i).

(4) However, the building consent authority must, on receiving the project information memorandum from the territorial authority, provide the owner with a copy of—

• (a) the project information memorandum; and

• (b) a development contribution notice under section 36 (if any); and

• (c) a certificate issued under section 37 (if any).

A building consent lapses and is of no effect if the building work to which it relates does not commence within—

• (a) 12 months after the date of issue of the building consent; or

• (b) any further period that the building consent authority may allow.

(1) An applicant for a building consent is liable to pay to the chief executive a levy for, or in connection with, the performance of the chief executive's functions under this Act if the building consent is granted.

(2) The levy—

• (a) must be calculated—

  • (i) in relation to the estimated value of the building work to which the building consent relates; and

  • (ii) at the prescribed rate; and

• (b) must be paid—

  • (i) to the building consent authority as the agent of the chief executive; and

  • (ii) at the time the building consent is granted.

(3) Subsection (2)(a)(ii) is subject to section 431.

A building consent authority must, before it grants a building consent, advise the applicant of the amount of levy for which the applicant may be liable under section 53.

Despite section 53, an applicant for a building consent is not liable to pay a levy if the building work for which the building consent is issued has an estimated value of less than the prescribed minimum estimated value (if any).

If a levy has already been paid for building work for which a building consent is granted, no further levy is payable for that building work unless its estimated value changes.

(1) If building work is, or is proposed to be, completed in stages, the estimated value of the building work must be taken, for the purpose of assessing the levy payable for the building work, to include the estimated value of the preceding stage (if that preceding stage had an estimated value of less than the prescribed minimum estimated value).

(2) For the purposes of subsection (1), any new building work in connection with a building must be treated as a further stage of any previous building work in connection with that building if—

• (a) a building consent was, or ought to have been, obtained for that previous building work; and

• (b) the code compliance certificate for that building work has not been issued as at the date of the application for a building consent for the new building work.

(1) A building consent authority, on the grant of a building consent, becomes liable to the territorial authority for the levy payable under section 53 in relation to the building work to which the building consent relates.

(2) A building consent authority must pay the levy to the territorial authority at the same time that it provides, under section 238(2)(d), copies of information about the collection of that levy.

(3) A person commits an offence if the person fails to pay the levy in accordance with this section.

(4) A person who commits an offence under this section is liable to a fine not exceeding $5,000.

(1) A territorial authority, on granting a building consent or on receiving all or any of the information specified in section 238(1)(c), becomes liable to the chief executive for the levy payable under section 53 in relation to the building work to which the building consent relates.

(2) The total amount of the levy for which a territorial authority becomes liable is due and payable to the chief executive by the 20th day of the month following the month in which the relevant building consent was granted.

(3) Every payment of the levy must be accompanied by a certificate of the territorial authority, or of an officer or agent of the territorial authority, that states that the payment is correct—

• (a) according to the financial records of the territorial authority; and

• (b) to the best of that person's knowledge and belief.

(1) A territorial authority may retain 3% of the levies for which the territorial authority is liable, under section 59, in any month.

(2) Subsection (1) is subject to section 61.

(1) The consequences specified in subsection (2) apply if a territorial authority that is liable to pay levies to the chief executive under section 59(1) fails to pay the levies by the date referred to in section 59(2).

(2) The consequences are that—

• (a) section 60(1) does not apply; and

• (b) the chief executive may recover, as a debt due from the territorial authority, the amount of those levies and any interest on that amount calculated—

  • (i) in monthly instalments at the monthly basic lending rate of the Ministry's bank; and

  • (ii) for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made.

(1) The consequence specified in subsection (2) applies if an applicant for a building consent fails to pay a levy or part of a levy under section 53 by the time referred to in section 53(2)(b)(ii).

(2) The consequence is that the territorial authority may recover, as a debt due from the applicant, the amount of those levies and any interest on that amount calculated—

• (a) in monthly instalments at the monthly basic lending rate of the territorial authority's bank; and

• (b) for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made.

(1) The chief executive may require any or all of the persons referred to in subsection (2) to provide any information about the estimated value of building work specified in a building consent that may be necessary to enable the chief executive to assess the amount of levy that is payable under section 53.

(2) The persons are—

• (a) an applicant for a building consent:

• (b) the relevant building consent authority:

• (c) if applicable, the relevant territorial authority.

(3) An applicant who provides information to the chief executive under subsection (1) may request the chief executive to treat the information as confidential, and, except if compliance with the request would be contrary to any other law, the chief executive must comply with the request to the fullest extent possible.

(4) A person commits an offence if the person fails to comply with a requirement to provide information under subsection (1).

(5) A person who commits an offence under this section is liable to a fine not exceeding $5,000.

(1) A territorial authority must, at all times, keep in safe custody all records of building consents granted within its district, including—

• (a) the estimated value of the building work to which each consent relates; and

• (b) the amount of any levy payable under section 53; and

• (c) the date of payment of the levy to the territorial authority.

(2) The chief executive or the chief executive's authorised officers or agents may, for the purpose of ascertaining whether the levy for which a territorial authority is liable has been paid, and whether this section has been complied with,—

• (a) require a territorial authority to make available for examination the following records of the territorial authority:

  • (i) records of building consents; and

  • (ii) financial records; and

• (b) examine those records; and

• (c) make copies of those records.

(3) A territorial authority must, on being advised of a requirement under subsection (2)(a), comply immediately with that requirement.

(4) The chief executive's authorised officers or agents must report to the chief executive the result of any examination that they have conducted under subsection (2).

(1) The chief executive may enter into an agreement with any person for the purpose of enabling the person to act as agent for the chief executive in determining whether payment of the levy has been made in accordance with sections 53 to 62.

(2) A person with whom the chief executive enters into an agreement referred to in subsection (1) may, while the agreement is in force, access any information that the chief executive may access under sections 63 and 64.

As soon as practicable after the expiry of 3 years beginning on the commencement of this section, and then at intervals of not more than 3 years, the chief executive must—

• (a) review whether the levy is set at a rate that is appropriate for meeting the costs of the chief executive in performing his or her functions under this Act; and

• (b) report to the Minister on the findings of the review.

(1) A building consent authority that is a territorial authority may grant an application for a building consent subject to a waiver or modification of the building code.

(2) A waiver or modification of the building code under subsection (1) may be subject to any conditions that the territorial authority considers appropriate.

(3) The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code relating to access and facilities for people with disabilities.

If a territorial authority grants a building consent subject to a waiver or modification of the building code, the territorial authority must notify the chief executive of the waiver or modification.

(1) This section applies to a waiver or modification of the building code that relates to—

• (a) an existing building to which section 118 applies; and

• (b) access and facilities for use by persons with disabilities.

(2) If this section applies, the chief executive may grant a waiver or modification only in a determination issued under subpart 1 of Part 3.

(3) This section does not apply to a waiver or modification of the building code that relates to a new building.

(1) This section applies if any part of an application for a building consent—

• (a) relates to energy work; and

• (b) involves the grant or refusal of a waiver or modification of the building code in relation to that energy work.

(2) If this section applies,—

• (a) the application must be made to a territorial authority; and

• (b) the territorial authority must refer the part of the application that relates to energy work to the chief executive.

(3) If any part of the application is referred to the chief executive under subsection (2)(b), the chief executive must—

• (a) consult with the chief executive of the department of State responsible for the administration of the Gas Act 1992 and the Electricity Act 1992; and

• (b) decide—

  • (i) whether to grant the waiver or modification in relation to the energy work; and

  • (ii) if he or she decides to grant the waiver or modification, whether any conditions should be imposed in respect of the waiver or modification; and

  • (iii) if so, what the conditions should be.

(4) An application referred to in subsection (1) must be treated, for the purposes of section 177, as an application by the applicant for the building consent to which the referral relates, and, accordingly, subpart 1 of Part 3 applies to the application—

• (a) to the extent that it is applicable; and

• (b) with all necessary modifications.

(1) A building consent authority must refuse to grant a building consent for construction of a building, or major alterations to a building, if—

• (a) the land on which the building work is to be carried out is subject or is likely to be subject to 1 or more natural hazards; or

• (b) the building work is likely to accelerate, worsen, or result in a natural hazard on that land or any other property.

(2) Subsection (1) does not apply if the building consent authority is satisfied that adequate provision has been or will be made to—

• (a) protect the land, building work, or other property referred to in that subsection from the natural hazard or hazards; or

• (b) restore any damage to that land or other property as a result of the building work.

(3) In this section and sections 72 to 74, natural hazard means any of the following:

• (a) erosion (including coastal erosion, bank erosion, and sheet erosion):

• (b) falling debris (including soil, rock, snow, and ice):

• (c) subsidence:

• (d) inundation (including flooding, overland flow, storm surge, tidal effects, and ponding):

• (e) slippage.

Despite section 71, a building consent authority that is a territorial authority must grant a building consent if the building consent authority considers that—

• (a) the building work to which an application for a building consent relates will not accelerate, worsen, or result in a natural hazard on the land on which the building work is to be carried out or any other property; and

• (b) the land is subject or is likely to be subject to 1 or more natural hazards; and

• (c) it is reasonable to grant a waiver or modification of the building code in respect of the natural hazard concerned.

(1) A building consent authority that is a territorial authority that grants a building consent under section 72 must include, as a condition of the consent, that the building consent authority will, on issuing the consent, notify the consent to,—

• (a) in the case of an application made by, or on behalf of, the Crown, the appropriate Minister and the Surveyor-General; and

• (b) in the case of an application made by, or on behalf of, the owners of Maori land, the Registrar of the Maori Land Court; and

• (c) in any other case, the Registrar-General of Land.

(2) The notification under subsection (1)(a) or (b) must be accompanied by a copy of the project information memorandum that relates to the building consent in question.

(3) The notification under subsection (1)(c) must identify the natural hazard concerned.

(1) On receiving a notification under section 73,—

• (a) the Surveyor-General or the Registrar of the Maori Land Court, as the case may be, must enter in his or her records the particulars of the notification together with a copy of the project information memorandum that accompanied the notification:

• (b) the Registrar-General of Land must record, as an entry on the certificate of title to the land on which the building work is carried out,—

  • (i) that a building consent has been granted under section 72; and

  • (ii) particulars that identify the natural hazard concerned.

(2) If an entry has been recorded on a duplicate of the certificate of title referred to in subsection (1)(b) under section 641A of the Local Government Act 1974 or section 36 of the former Act, the Registrar-General of Land does not need to record another entry on the duplicate.

(3) Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:

• (a) an entry referred to in subsection (1)(b):

• (b) an entry under section 641A of the Local Government Act 1974:

• (c) an entry under section 36 of the former Act.

(4) The building consent authority must notify the Surveyor-General, the Registrar of the Maori Land Court, or the Registrar-General of Land, as the case may be, who must amend his or her records or remove the entry from the certificate of title.

(1) This section applies if—

• (a) an application for a project information memorandum relates to the construction of a building on land that is comprised, or partly comprised, of 2 or more allotments of 1 or more existing subdivisions (whether comprised in the same certificate of title or not); and

• (b) those allotments are held by the owner in fee simple.

(2) The territorial authority must state in the project information memorandum that, as a condition of the grant of a building consent for the building work to which the project information memorandum 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.

(1) Section 75 does not apply if—

• (a) the owner proposes to construct a building with party walls that will be on the boundaries of the allotments referred to in that section; or

• (b) the owner has applied to the Registrar-General of Land under section 82 for the Registrar's consent to the preparation of a plan (as defined by that section).

(2) Section 82 applies if subsection (1)(b) applies.

(1) A building consent authority must not grant a building consent for building work to which section 75 applies until the territorial authority has issued a certificate imposing the condition referred to in section 75(2).

(2) The territorial authority must impose that condition if the building consent authority requests it to do so.

(3) The certificate must be—

• (a) authenticated by the territorial authority; and

• (b) signed by the owner.

(4) The territorial authority must lodge a copy of the certificate with the Registrar-General of Land.

(1) If a certificate referred to in section 77(1) is lodged with the Registrar-General of Land, he or she must record, as an entry on each certificate of title for the specified allotments, that the certificate of title is subject to the condition referred to in section 75(2).

(2) The Registrar-General of Land does not need to record the entry on the duplicate of the certificates of title.

(3) Subsection (1) is subject to section 82.

If an entry referred to in section 78(1) is recorded on the certificates of title for the specified allotments, none of those allotments may be transferred or leased except in conjunction with the specified other or others of those allotments.

(1) This section applies if—

• (a) an entry referred to in section 78(1) is made on 2 or more certificates of title; and

• (b) any of the land less than the whole of the land comprised in all those certificates of title is, at the time the entry is recorded, 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

• (c) that power, right, or obligation referred to in paragraph (b) becomes exercisable but is not able to be exercised or fully exercised because of section 79.

(2) The whole of the land comprised in all those certificates of title is taken to be subject to the registered instrument and all the powers, rights, and obligations under the instrument, as if the instrument had been registered against the land at the time the entry is recorded.

(1) This section applies if—

• (a) the registered instrument referred to in section 80(2) is a mortgage, charge, or lien; and

• (b) any of the land to which that mortgage, charge, or lien is extended is already subject to a registered mortgage, charge, or lien.

(2) The registered mortgage, charge, or lien has priority over any mortgage, charge, or lien extended over land under section 80(2).

(3) If a registered mortgage, charge, or lien is extended over the land comprised in a certificate of title by section 80, it has priority over any mortgage, charge, or lien against the land that is registered after the entry is recorded against the certificate of title to that land under that section.

(1) If a certificate referred to in section 77 is lodged with the Registrar-General of Land, but the Registrar-General is satisfied that it is not practicable or desirable to record the entry on the certificates of title specified in section 78, the Registrar-General may require that—

• (a) a plan be deposited under the Land Transfer Act 1952; and

• (b) 1 or more certificates of title under that Act be issued for the land in terms of the plan.

(2) In subsection (1), plan means a plan prepared in accordance with section 167 of the Land Transfer Act 1952 that amalgamates all the allotments—

• (a) into 1 allotment; or

• (b) if the circumstances render it expedient or desirable, into 2 or more allotments.

(1) This section applies if—

• (a) the requirements of sections 75 to 81 or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactments were met to enable a building to be built on 2 or more allotments; and

• (b) any of the following applies:

  • (i) the building is removed, demolished, or destroyed; or

  • (ii) the boundaries of the allotments are adjusted in a manner that results in the building being contained entirely within the boundaries of 1 allotment; or

  • (iii) circumstances have otherwise changed.

(2) The owner may apply to a territorial authority for approval for the entry under section 78 to be removed.

(3) If the territorial authority decides to approve the removal of the entry,—

• (a) the decision of the territorial authority must be set out in a certificate that is—

  • (i) authenticated by the territorial authority; and

  • (ii) signed by the owner; and

• (b) the certificate must be lodged with the Registrar-General of Land.

(4) If a certificate referred to in subsection (3)(b) is lodged with the Registrar-General of Land, he or she must record an appropriate entry on—

• (a) the certificate of title for each allotment or part of the allotment; and

• (b) any mortgage, charge, or lien whose application was extended to additional land under section 80.

(5) If subsection (4)(b) applies, any mortgage, charge, or lien whose application was extended to additional land under section 80 ceases to apply to that additional land.

(6) The Registrar-General of Land does not need to record the entry on the duplicate certificate of title unless that duplicate has had an entry recorded on it under—

• (a) section 78; or

• (b) section 643 of the Local Government Act 1974; or

• (c) the corresponding provisions of any previous enactment.

(7) Subsections (2) and (3) apply, with any necessary modifications, to any request by an owner of land if the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or sections 75 to 81 were applied in error.

All restricted building work must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise the work.

(1) A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of restricted building work of that kind.

(1A) A licensed building practitioner commits an offence if he or she—

• (a) carries out restricted building work of a kind that he or she is not licensed to carry out or supervise the carrying out of; or

• (b) supervises the carrying out of restricted building work of a kind that he or she is not licensed to carry out or supervise the carrying out of.

(2) A person who commits an offence under this section is liable to a fine not exceeding $20,000.

(1) A person commits an offence if the person—

• (a) engages another person to carry out or supervise restricted building work; and

• (b) knows that the other person is not—

  • (i) a licensed building practitioner; or

  • (ii) a licensed building practitioner who is licensed to carry out or supervise the restricted building work.

(2) A person who commits an offence under this section is liable to a fine not exceeding $20,000.

(1) Before restricted building work commences under a building consent, the owner must give the building consent authority written notice of the name of every licensed building practitioner who—

• (a) is engaged to carry out, or supervise, the restricted building work under the building consent; and

• (b) was not stated in the application for the building consent under section 45(1)(e).

(2) After any restricted building work commences under a building consent, the owner must give the building consent authority a written notice if—

• (a) a licensed building practitioner ceases to be engaged to carry out, or supervise, the restricted building work under the building consent; or

• (b) another licensed building practitioner is engaged to carry out, or supervise, the restricted building work.

(3) The notice under subsection (2) must—

• (a) state that 1 or both of the circumstances specified in subsection (2)(a) and (b) apply; and

• (b) be given as soon as practicable; and

• (c) name the other licensed building practitioner concerned (if any).

(1) Each licensed building practitioner who carries out or supervises restricted building work under a building consent must, on completion of the restricted building work,—

• (a) provide the persons specified in subsection (2) with a memorandum, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised; and

• (b) if applicable, give to the persons specified in subsection (2) a certificate, in the prescribed form, stating that any specified systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the building consent.

(2) The persons are—

• (a) the owner; and

• (b) the territorial authority for the district in which the restricted building work is situated.

(3) A licensed building practitioner who carries out or supervises restricted building work that relates only to part of a specified system may give a certificate under subsection (1) that is qualified to the effect that the restricted building work on the other parts of the specified system must meet the requirements in subsection (1)(a) and (b).

(4) A memorandum provided or certificate given under subsection (1) does not, of itself,—

• (a) create any liability in relation to any matter to which the memorandum or certificate relates; or

• (b) give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner was not required to provide the memorandum or certificate.

(5) Subsection (4) does not limit section 397(c).

(1) A licensed building practitioner must, if he or she is of the view that any building work carried out under a building consent does not comply with that consent, notify—

• (a) the territorial authority in whose district the building is situated; and

• (b) the owner.

(2) The notification must—

• (a) state that the licensed building practitioner is of the view that building work carried out under the building consent does not comply with that consent; and

• (b) state how the building work does not so comply; and

• (c) be given as soon as practicable after the licensed building practitioner forms that view.