Building Act 2004

119 Acceptable solution for requirements of persons with disabilities

(1)

This section applies to—

(a)

the New Zealand Standard Specification No 4121 (the code of practice for design for access and use of buildings by persons with disabilities), together with any modifications to that standard specification in force immediately before the commencement of this section; or

(b)

if an Order in Council is made under subsection (3),—

(i)

the standard specification referred to in paragraph (a) incorporating an amendment that is adopted by the order; or

(ii)

a standard specification that is in substitution for the standard specification referred to in paragraph (a) that is adopted by the order.

(2)

A standard specification to which this section applies is to be taken as an acceptable solution.

(3)

The Governor-General may, by Order in Council made on the recommendation of the Minister, adopt—

(a)

an amendment to the standard specification referred to in subsection (1)(a); or

(b)

a standard specification that is in substitution for the standard specification referred to in that subsection.

(4)

The Minister must, no later than 6 months after the date on which an amendment or a standard specification is promulgated by the NZ Standards Organisation,—

(a)

make a recommendation under subsection (3) in relation to the amendment or standard specification; or

(b)

decide not to make a recommendation.

(5)

In this section, NZ Standards Organisation has the meaning given to it in section 4(1) of the Standards and Accreditation Act 2015.

(6)

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

Compare: 1991 No 150 s 47A(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 119 heading: amended, on 28 November 2013, by section 26(1) of the Building Amendment Act 2013 (2013 No 100).

Section 119(2): amended, on 28 November 2013, by section 26(2) of the Building Amendment Act 2013 (2013 No 100).

Section 119(4): amended, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

Section 119(5): replaced, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

Section 119(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).