Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill

Hon Poto Williams

Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill

Government Bill

234—2

Contents

Commentary
Key
1Title
2Commencement
Part 1
Amendments to Building Act 2004
3Amendments to Building Act 2004
4Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
5Section 5 amended (Overview)
6Section 7 amended (Interpretation)
7New sections 9A and 9B and cross-heading inserted
Meanings of building product and building method
9AMeaning of building product
9BMeaning of building method
8Section 11 amended (Role of chief executive)
9Section 14 amended (Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams)
10Section 14E amended (Responsibilities of builder)
11Section 14G amended (Responsibilities of product manufacturer or supplier)
12Section 15 amended (Outline of this Part)
13Section 19 amended (How compliance with building code is established)
14Section 20 amended (Regulations may specify that there is only 1 means of complying with building code)
15Section 26 amended (Chief executive may issue warning about, or ban use of, building methods or products)
16Section 27 amended (Offence to use building method or product in breach of ban under section 26)
17Section 30D amended (Chief executive must decide whether to accept, for processing, application for national multiple-use approval)
18Section 30F amended (Issue of national multiple-use approval)
19Section 40 amended (Buildings not to be constructed, altered, demolished, or removed without consent)
20Section 41 amended (Building consent not required in certain cases)
21Section 42 amended (Owner must apply for certificate of acceptance if building work carried out urgently)
22Section 45 amended (How to apply for building consent)
23Section 48 amended (Processing application for building consent)
24Section 53 amended (Applicant for building consent liable to pay levy)
25Section 58 amended (Liability to pay levy: building consent authority)
26Section 63 amended (Chief executive may obtain information in order to assess amount of levy payable)
27Section 85 amended (Offences relating to carrying out or supervising restricted building work)
28Section 86 amended (Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner)
29Section 87A amended (Notices to building consent authority when owner-builder carries out restricted building work)
30Section 92 amended (Application for code compliance certificate)
31Section 94 amended (Matters for consideration by building consent authority in deciding issue of code compliance certificate)
32Section 103 amended (Content of compliance schedule)
33Section 108 amended (Annual building warrant of fitness)
34Section 114 amended (Owner must give notice of change of use, extension of life, or subdivision of buildings)
35Section 115 amended (Code compliance requirements: change of use)
36Section 128A amended (Offences in relation to dangerous, affected, or insanitary buildings)
37Section 133AU amended (Offences in relation to earthquake-prone buildings)
38Section 133BE amended (Public notice of designation)
39Section 134C replaced (Offence of failing to classify dam)
134COffence of failing to classify dam
40Section 138 amended (Regional authority must require re-audit of dam classification that it refuses to approve)
41Section 140 amended (Requirement for dam safety assurance programme)
42Section 145 amended (Regional authority must require re-audit of dam safety assurance programme that it refuses to approve)
43Section 150 amended (Owner of dam must supply annual dam compliance certificate)
44Section 154 amended (Powers of regional authorities in respect of dangerous dams)
45Section 168 amended (Offence not to comply with notice to fix)
46Section 169 amended (Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister)
47Section 171 amended (Chief executive may seek advice from building advisory panel)
48Section 175 amended (Chief executive may publish guidance information)
49Section 196 amended (Registration continuous so long as person meets criteria for registration)
50Section 199 replaced (Offence for person to perform functions of building consent authority or regional authority if person not registered, etc)
199Offence to perform functions of building consent authority if not authorised
51Sections 200 to 203 replaced
Disciplinary powers in relation to complaints
200Interpretation
201Grounds for disciplinary action
202Complaints may be made to chief executive
203Acceptance of complaints
203AChief executive may initiate investigation
203BInvestigation
203CDisciplinary powers of chief executive
52Cross-heading above section 204 amended
53Section 204 amended (Special powers of chief executive for monitoring performance of functions under this Act)
54Section 206 amended (Chief executive must supply warrant)
55Sections 207A and 207B replaced
Power to require information and documents
207APower to require information or documents
207BOffence to fail to provide information or documents
207BASharing of information
Powers of entry and inspection for subparts 7 and 7A of Part 3 and Parts 4A and 4B
207BBPowers of entry and inspection
207BCPower to enter household unit or marae
56Section 208 replaced (Appeals to District Court)
208Appeals to District Court
57Section 209 amended (Procedure for commencing appeal)
58Section 210 amended (Steps after appeal is commenced)
59Section 221 amended (Recovery of costs when territorial authority carries out work on default)
60Section 225 amended (Offence to impersonate authorised officer)
61Subpart 7 heading in Part 3 replaced
Subpart 7—Responsibilities relating to product certification
62Section 262 amended (Requirements for product certification accreditation body)
63Section 262A amended (Fees for audits)
64Sections 263 to 266 replaced
263Accreditation of product certification body
264Suspension or revocation of accreditation
65Section 267 amended (Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation)
66New sections 267A to 267E and cross-heading inserted
Registration of product certification bodies
267ARegistration of product certification body
267BAudit of registered PCB
267CSuspension of registration of PCB
267DLifting of suspension of registration of PCB
267ERevocation of registration of PCB
67Cross-heading above section 268 replaced
Certification of building products and building methods
68Section 268 amended (Application for product certificate)
69Section 269 amended (Issue of product certificate)
70Sections 270 to 272 268 to 272 and cross-heading above section 268 replaced
Certification of building products and building methods
269Product certificates
270Annual review of product certificate
271Suspension or revocation of product certificate
272Notification to chief executive by registered PCB
Registration of product certificates
272ARegistration of product certificates
272BSuspension of registration of product certificate
272CLifting of suspension of registration of product certificate
272DRevocation of registration of product certificate
Product certification scheme rules
272EProduct certification scheme rules
272FProcedure for making product certification scheme rules
Offences relating to product registration scheme
272GOffence to misrepresent status as product certification body
272HOffence to misrepresent product certificate
71New subpart 7A of Part 3 inserted
Subpart 7A—Responsibilities relating to modular component manufacturers
Appointment of modular component manufacturer certification accreditation body
272IAppointment of modular component manufacturer certification accreditation body
Accreditation of modular component manufacturer certification bodies
272JAccreditation of modular component manufacturer certification body
272KAudit of accredited MCMCB
272LSuspension or revocation of accreditation of MCMCB
272MNotification to chief executive by MCMC accreditation body
Registration of modular component manufacturer certification bodies
272NRegistration of modular component manufacturer certification body
272OAudit of registered MCMCB
272PSuspension of registration of MCMCB
272QLifting of suspension of registration of MCMCB
272RRevocation of registration of MCMCB
272SUrgent suspension of registration of MCMCB
272TInvestigation following urgent suspension
Certification of modular component manufacturers
272UCertification of modular component manufacturer
272VAudit of certified MCM
272WSuspension or revocation of certification of MCM
272XNotification to chief executive by registered MCMCB
Registration of modular component manufacturers
272YRegistration of modular component manufacturer
272ZAudit of registered MCM
272ZASuspension of registration of MCM
272ZBLifting of suspension of registration of MCM
272ZCRevocation of registration of MCM
272ZDUrgent suspension of registration of MCM
272ZEInvestigation following urgent suspension
Manufacturer’s certificates for modular components
272ZFRegistered MCM may issue certificate for modular components
MCM scheme rules
272ZGMCM scheme rules
272ZHProcedure for making MCM scheme rules
Offences relating to modular component manufacturer scheme
272ZIOffence to misrepresent status
272ZJOffence to misrepresent modular component as manufactured by registered MCM
72Section 273 amended (Chief executive must keep registers)
73Section 274 amended (Purpose of registers)
74Section 275 amended (Content of register of building consent authorities)
75Section 289 amended (Duty to produce evidence of being licensed)
76Section 302 amended (Obligation to notify Registrar of change in circumstances)
77Section 314 amended (Offences relating to licensing)
78Section 326 amended (Failure to comply with summons)
78ASection 362B amended (Meaning of building work and residential building contract)
79Section 362D amended (Building contractor must provide information before residential building contract entered into)
79ASection 362H amended (When provisions relating to implied warranties apply)
80Section 362I amended (Implied warranties for building work in relation to household units)
81Section 362M amended (Remedies if breach of warranty can be remedied)
82Section 362Q amended (Building contractor or on-seller must remedy defect notified within 1 year of completion)
82ASection 362T amended (Building contractor must provide prescribed information and documentation on completion of residential building work)
83Section 362V amended (Offence for commercial on-seller to transfer household unit without code compliance certificate)
84New Part 4B inserted
Part 4B
Building product information requirements
362VABuilding product information requirements may be prescribed
362VBFailure to comply with building product information requirements an offence
362VCFalse or misleading representations in relation to building products
362VDDefences for offences against sections 362VB and 362VC
Notice to take corrective action
362VENotice to take corrective action
362VFCompliance with notice to take corrective action
85Section 365 amended (Offence to fail to comply with direction of authorised person)
86Section 366 amended (Offence to impersonate building consent authority or regional authority, etc)
87Section 367 amended (Offence to obstruct execution of powers under this Act)
88Section 368 amended (Offence to remove or deface notices)
89Section 369 amended (Offence to make false or misleading statement)
90Section 371D amended (Offence to impersonate enforcement officer)
91Section 378 amended (Time limit for filing charging document)
92Section 392 amended (Building consent authority not liable)
92ASection 393 amended (Limitation defences)
93Section 401 amended (Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code)
94Section 402 amended (Regulations: general)
95Section 403 amended (Consultation requirements for making regulations)
96Section 405 amended (Incorporation of material by reference into certain instruments, solutions, and methods)
97Schedule 1AA amended
98Schedule 1 amended
Part 2
Amendments to other enactments
Subpart 1—Search and Surveillance Act 2012
99Amendment to Search and Surveillance Act 2012
100Schedule amended
Subpart 2—Building (Definition of Restricted Building Work) Order 2011
101Amendment to Building (Definition of Restricted Building Work) Order 2011
102Clause 4 amended (Order does not apply to certain building work or design work)
Legislative history

The Parliament of New Zealand enacts as follows: