(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.

This Act has the following purposes:

• (a) 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—

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

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

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

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

• (b) to promote the accountability of owners, designers, builders, and building consent authorities who have responsibilities for ensuring that building work complies with the building code.

(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.

• (q) the need to ensure that owners, designers, builders, and building consent authorities are each accountable for their role in ensuring that—

  • (i) the necessary building consents and other approvals are obtained for proposed building work; and

  • (ii) plans and specifications are sufficient to result in building work that (if built to those plans and specifications) complies with the building code; and

  • (iii) building work for which a building consent is issued complies with that building consent; and

  • (iv) building work for which a building consent is not required complies with the building code.

(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 long-term 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

• (ac) security fences, oil interception and containment systems, wind turbines, gantries, and similar machinery and other structures (excluding dams) not intended to be occupied that are part of, or related to, 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 acceptable solutions or verification methods and reviews those documents; and

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

• (ba) determines applications for national multiple-use approvals; 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

• (ca) has the functions set out in section 168A in relation to the implementation, administration, and review of this Act; 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; or

  • (iii) to enforce duties or obligations under Part 4A; 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

• (pa) issues infringement notices under section 372 and under section 371B authorises persons to issue infringement notices; 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 228, 232, 276 to 281, 363A, 371A to 371C, 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.

Sections 14B to 14G—

• (a) are not a definitive and exhaustive statement of the responsibilities of the parties but are an outline only:

• (b) are for guidance only, and in the event of any conflict between any of those sections and any other provision of this Act, the latter prevails:

• (c) do not reflect the responsibilities of the parties under any other law or enactment or any contract that may be entered into between them and are not intended to add to the existing responsibilities of the parties.

An owner is responsible for—

• (a) obtaining any necessary consents, approvals, and certificates:

• (b) ensuring that building work carried out by the owner complies with the building consent or, if there is no building consent, with the building code:

• (c) ensuring compliance with any notices to fix.

An owner-builder is responsible for ensuring that restricted building work carried out under the owner-builder exemption complies with the building consent and the plans and specifications to which the building consent relates.

(1) In subsection (2), designer means a person who prepares plans and specifications for building work or who gives advice on the compliance of building work with the building code.

(2) A designer is responsible for ensuring that the plans and specifications or the advice in question are sufficient to result in the building work complying with the building code, if the building work were properly completed in accordance with those plans and specifications or that advice.

(1) In subsection (2), builder means any person who carries out building work, whether in trade or not.

(2) A builder is responsible for—

• (a) ensuring that the building work complies with the building consent and the plans and specifications to which the building consent relates:

• (b) ensuring that building work not covered by a building consent complies with the building code.

(3) A licensed building practitioner who carries out or supervises restricted building work is responsible for—

• (a) ensuring that the restricted building work is carried out or supervised in accordance with the requirements of this Act; and

• (b) ensuring that he or she is licensed in a class for carrying out or supervising that restricted building work.

A building consent authority is responsible for—

• (a) checking, in accordance with the requirements of this Act for each type of building consent, to ensure that—

  • (i) an application for a building consent complies with the building code:

  • (ii) building work has been carried out in accordance with the building consent for that work:

• (b) issuing building consents and certificates in accordance with the requirements of this Act.

(1) In subsection (2), product manufacturer or supplier means a person who manufactures or supplies a building product and who states that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code.

(2) A product manufacturer or supplier is responsible for ensuring that the product will, if installed in accordance with the technical data, plans, specifications, and advice prescribed by the manufacturer, comply with the relevant provisions of the building code.

(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:

• (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:

• (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 an acceptable solution:

• (ba) compliance with a verification method:

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

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

• (d) a current product certificate issued under section 269, if every 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 an acceptable solution or a verification method.

(1) The chief executive may, by notice in the Gazette, issue an acceptable solution or a verification method for use in establishing compliance with the building code.

(2) A person who complies with an acceptable solution or a verification method must, for the purposes of this Act, be treated as having complied with the provisions of the building code to which that acceptable solution or verification method relates.

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

A person may comply with an acceptable solution or a verification method in order to comply with the provisions of the building code to which that acceptable solution or verification method 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 an acceptable solution or a verification method at any time.

(2) An amendment or a revocation under subsection (1) does not have retrospective effect.

(1) An acceptable solution or a verification method must state—

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

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

(2) An acceptable solution or a verification method 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.

(3) Material may be incorporated by reference in an acceptable solution or a verification method in accordance with sections 405 to 413.

The chief executive must ensure that—

• (a) promptly after a new acceptable solution or verification method is issued, a digital copy is publicly available on the Ministry's Internet site:

• (b) even after an acceptable solution or a verification method has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the Ministry's Internet site:

• (c) promptly after an acceptable solution or a verification method is amended, there are publicly available on the Ministry's Internet site—

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

  • (ii) a digital copy of the acceptable solution or verification method in its up-to-date form.

(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 on conviction 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 an acceptable solution or a verification method; or

• (b) amend or revoke an acceptable solution or a verification method; 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 acceptable solution, verification method, 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 acceptable solution, verification method, 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 acceptable solution, verification method, warning, or ban; and

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

• (f) a statement as to whether the acceptable solution, verification method, warning, or ban will apply to building work for which a building consent has been issued before the date on which the acceptable solution, verification method, 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 acceptable solution, verification method, or warning needs to be issued, or the ban needs to be declared, urgently; or

• (b) the acceptable solution, verification method, warning, or ban needs to be amended urgently; or

• (c) the acceptable solution, verification method, warning, or ban needs to be revoked urgently; or

• (d) the effect of the acceptable solution, verification method, 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 acceptable solution, verification method, 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 acceptable solution, verification method, warning, or ban.

(2) The chief executive must comply with subsection (1) within 6 months of issuing, amending, replacing, or revoking the acceptable solution, verification method, 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 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.

(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.

(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 restricted building work.

(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 certificate of work—

• (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.

(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.

(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.

(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.

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.

(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.

(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; 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) any fees and charges imposed by the territorial authority under section 219; 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.

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

(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 Heritage New Zealand Pouhere Taonga 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,—

(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.

(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 or an application for a building consent relates.

(2) The territorial authority must issue 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.

(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.

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) This section applies if—

• (a) an application for a project information memorandum, or for a building consent, affects a historic place, historic area, wāhi tapu, or wāhi tapu area that has been entered on the New Zealand Heritage List/Rārangi Kōrero; and

• (b) the territorial authority has not previously advised Heritage New Zealand Pouhere Taonga about the building work to which that application relates.

(2) The territorial authority must advise Heritage New Zealand Pouhere Taonga within 5 days after receiving the application.

(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 on conviction to a fine not exceeding $200,000 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 for which a building consent is not required (see section 42A); 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, amend Schedule 1 by—

• (a) adding any building work or class of building work to Schedule 1 as being building work for which a building consent is not required:

• (b) extending or clarifying the scope of any building work or class of building work listed in Schedule 1 as building work for which a building consent is not required:

• (c) restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1.

(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 on conviction to a fine not exceeding $5,000.

(1) Despite section 40, subject to the conditions set out in subsection (2) and whether or not a building consent would otherwise have been required, a building consent is not required for building work in the following categories:

• (a) building work described in Part 1 of Schedule 1; or

• (b) building work described in Part 2 of Schedule 1 that is carried out by an authorised person (see subsection (3)); or

• (c) building work described in Part 3 of Schedule 1 if the design of the building work has been carried out or reviewed by a chartered professional engineer and the building work has been carried out in accordance with that design.

(2) Subsection (1) is subject to the following conditions:

• (a) the building work complies with the building code to the extent required by this Act:

• (b) after the building work is completed, the building,—

  • (i) if it complied with the building code immediately before the building work began, continues to comply with the building code; or

  • (ii) if it did not comply with the building code immediately before the building work began, continues to comply at least to the same extent as it did then comply:

• (c) the building work does not breach any other enactment:

• (d) the building to which the building work relates is not a building that is required to be licensed under the Hazardous Substances and New Organisms Act 1996.

(3) In subsection (1)(b), authorised person means a person who is authorised under the Plumbers, Gasfitters, and Drainlayers Act 2006 to do the work, except for a person who is authorised under section 15, 16, 19, or 25 of that Act.

(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

• (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

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

• (d) be accompanied by any fees and charges imposed by the building consent authority under section 240; 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 is accompanied by plans and specifications that contain design work (relating to building work) that is restricted building work, 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 certificate of work—

• (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.

(3A) A certificate of work provided under subsection (3) does not, of itself,—

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

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

(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.

(5) The application must be accompanied by a statutory declaration, in the prescribed form, as to owner-builder status—

• (a) if the building work includes restricted building work to be carried out by the owner-builder; or

• (b) if any accompanying plans or specifications contain design work that is restricted building work and that has been carried out by the owner-builder.

(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.

(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) 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) 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.

(2) A building consent authority may, within the period specified in subsection (1A), 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 or fee fixed by it in relation to the consent; and

• (b) any levy payable under section 53.

• (c) [Repealed]

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 (if any) 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

• (ba) contain confirmation that Heritage New Zealand Pouhere Taonga has been notified under section 39 (if applicable); 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.