Building Act 2004

41 Building consent not required in certain cases

(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

(ca)

any building work that is carried out under section 133BS (which relates to buildings located in areas designated under subpart 6B); or

(cb)

any building work that is carried out under section 133BV or 133BW (which relate to buildings located in areas designated under subpart 6B); or

(cc)

any building work that is carried out under the powers of investigation in sections 207G to 207M (which relate to building failures); 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.

(3)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1991 No 150 s 32(2), (3)

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 41(1)(b): replaced, on 28 November 2013, by section 17(1) of the Building Amendment Act 2013 (2013 No 100).

Section 41(1)(ca): inserted, on 17 December 2019, by section 9 of the Building Amendment Act 2019 (2019 No 27).

Section 41(1)(cb): inserted, on 17 December 2019, by section 9 of the Building Amendment Act 2019 (2019 No 27).

Section 41(1)(cc): inserted, on 17 December 2019, by section 9 of the Building Amendment Act 2019 (2019 No 27).

Section 41(2): replaced, on 28 November 2013, by section 17(2) of the Building Amendment Act 2013 (2013 No 100).

Section 41(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).