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Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill
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Hon Poto Williams
Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill
Government Bill
234—2
Contents
Commentary
Key
1
Title
2
Commencement
Part 1
Amendments to Building Act 2004
3
Amendments to Building Act 2004
4
Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
5
Section 5 amended (Overview)
6
Section 7 amended (Interpretation)
7
New sections 9A and 9B and cross-heading inserted
Meanings of building product and building method
9A
Meaning of building product
9B
Meaning of building method
8
Section 11 amended (Role of chief executive)
9
Section 14 amended (Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams)
10
Section 14E amended (Responsibilities of builder)
11
Section 14G amended (Responsibilities of product manufacturer or supplier)
12
Section 15 amended (Outline of this Part)
13
Section 19 amended (How compliance with building code is established)
14
Section 20 amended (Regulations may specify that there is only 1 means of complying with building code)
15
Section 26 amended (Chief executive may issue warning about, or ban use of, building methods or products)
16
Section 27 amended (Offence to use building method or product in breach of ban under section 26)
17
Section 30D amended (Chief executive must decide whether to accept, for processing, application for national multiple-use approval)
18
Section 30F amended (Issue of national multiple-use approval)
19
Section 40 amended (Buildings not to be constructed, altered, demolished, or removed without consent)
20
Section 41 amended (Building consent not required in certain cases)
21
Section 42 amended (Owner must apply for certificate of acceptance if building work carried out urgently)
22
Section 45 amended (How to apply for building consent)
23
Section 48 amended (Processing application for building consent)
24
Section 53 amended (Applicant for building consent liable to pay levy)
25
Section 58 amended (Liability to pay levy: building consent authority)
26
Section 63 amended (Chief executive may obtain information in order to assess amount of levy payable)
27
Section 85 amended (Offences relating to carrying out or supervising restricted building work)
28
Section 86 amended (Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner)
29
Section 87A amended (Notices to building consent authority when owner-builder carries out restricted building work)
30
Section 92 amended (Application for code compliance certificate)
31
Section 94 amended (Matters for consideration by building consent authority in deciding issue of code compliance certificate)
32
Section 103 amended (Content of compliance schedule)
33
Section 108 amended (Annual building warrant of fitness)
34
Section 114 amended (Owner must give notice of change of use, extension of life, or subdivision of buildings)
35
Section 115 amended (Code compliance requirements: change of use)
36
Section 128A amended (Offences in relation to dangerous, affected, or insanitary buildings)
37
Section 133AU amended (Offences in relation to earthquake-prone buildings)
38
Section 133BE amended (Public notice of designation)
39
Section 134C replaced (Offence of failing to classify dam)
134C
Offence of failing to classify dam
40
Section 138 amended (Regional authority must require re-audit of dam classification that it refuses to approve)
41
Section 140 amended (Requirement for dam safety assurance programme)
42
Section 145 amended (Regional authority must require re-audit of dam safety assurance programme that it refuses to approve)
43
Section 150 amended (Owner of dam must supply annual dam compliance certificate)
44
Section 154 amended (Powers of regional authorities in respect of dangerous dams)
45
Section 168 amended (Offence not to comply with notice to fix)
46
Section 169 amended (Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister)
47
Section 171 amended (Chief executive may seek advice from building advisory panel)
48
Section 175 amended (Chief executive may publish guidance information)
49
Section 196 amended (Registration continuous so long as person meets criteria for registration)
50
Section 199 replaced (Offence for person to perform functions of building consent authority or regional authority if person not registered, etc)
199
Offence to perform functions of building consent authority if not authorised
51
Sections 200 to 203 replaced
Disciplinary powers in relation to complaints
200
Interpretation
201
Grounds for disciplinary action
202
Complaints may be made to chief executive
203
Acceptance of complaints
203A
Chief executive may initiate investigation
203B
Investigation
203C
Disciplinary powers of chief executive
52
Cross-heading above section 204 amended
53
Section 204 amended (Special powers of chief executive for monitoring performance of functions under this Act)
54
Section 206 amended (Chief executive must supply warrant)
55
Sections 207A and 207B replaced
Power to require information and documents
207A
Power to require information or documents
207B
Offence to fail to provide information or documents
207BA
Sharing of information
Powers of entry and inspection for subparts 7 and
7A
of Part 3 and Parts 4A and
4B
207BB
Powers of entry and inspection
207BC
Power to enter household unit or marae
56
Section 208 replaced (Appeals to District Court)
208
Appeals to District Court
57
Section 209 amended (Procedure for commencing appeal)
58
Section 210 amended (Steps after appeal is commenced)
59
Section 221 amended (Recovery of costs when territorial authority carries out work on default)
60
Section 225 amended (Offence to impersonate authorised officer)
61
Subpart 7 heading in Part 3 replaced
Subpart 7—Responsibilities relating to product certification
62
Section 262 amended (Requirements for product certification accreditation body)
63
Section 262A amended (Fees for audits)
64
Sections 263 to 266 replaced
263
Accreditation of product certification body
264
Suspension or revocation of accreditation
65
Section 267 amended (Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation)
66
New sections 267A to 267E and cross-heading inserted
Registration of product certification bodies
267A
Registration of product certification body
267B
Audit of registered PCB
267C
Suspension of registration of PCB
267D
Lifting of suspension of registration of PCB
267E
Revocation of registration of PCB
67
Cross-heading above section 268 replaced
Certification of building products and building methods
68
Section 268 amended (Application for product certificate)
69
Section 269 amended (Issue of product certificate)
70
Sections
270 to 272
268 to 272 and cross-heading above section 268
replaced
Certification of building products and building methods
269
Product certificates
270
Annual review of product certificate
271
Suspension or revocation of product certificate
272
Notification to chief executive by registered PCB
Registration of product certificates
272A
Registration of product certificates
272B
Suspension of registration of product certificate
272C
Lifting of suspension of registration of product certificate
272D
Revocation of registration of product certificate
Product certification scheme rules
272E
Product certification scheme rules
272F
Procedure for making product certification scheme rules
Offences relating to product registration scheme
272G
Offence to misrepresent status as product certification body
272H
Offence to misrepresent product certificate
71
New subpart 7A of Part 3 inserted
Subpart 7A—Responsibilities relating to modular component manufacturers
Appointment of modular component manufacturer certification accreditation body
272I
Appointment of modular component manufacturer certification accreditation body
Accreditation of modular component manufacturer certification bodies
272J
Accreditation of modular component manufacturer certification body
272K
Audit of accredited MCMCB
272L
Suspension or revocation of accreditation of MCMCB
272M
Notification to chief executive by MCMC accreditation body
Registration of modular component manufacturer certification bodies
272N
Registration of modular component manufacturer certification body
272O
Audit of registered MCMCB
272P
Suspension of registration of MCMCB
272Q
Lifting of suspension of registration of MCMCB
272R
Revocation of registration of MCMCB
272S
Urgent suspension of registration of MCMCB
272T
Investigation following urgent suspension
Certification of modular component manufacturers
272U
Certification of modular component manufacturer
272V
Audit of certified MCM
272W
Suspension or revocation of certification of MCM
272X
Notification to chief executive by registered MCMCB
Registration of modular component manufacturers
272Y
Registration of modular component manufacturer
272Z
Audit of registered MCM
272ZA
Suspension of registration of MCM
272ZB
Lifting of suspension of registration of MCM
272ZC
Revocation of registration of MCM
272ZD
Urgent suspension of registration of MCM
272ZE
Investigation following urgent suspension
Manufacturer’s certificates for modular components
272ZF
Registered MCM may issue certificate for modular components
MCM scheme rules
272ZG
MCM scheme rules
272ZH
Procedure for making MCM scheme rules
Offences relating to modular component manufacturer scheme
272ZI
Offence to misrepresent status
272ZJ
Offence to misrepresent modular component as manufactured by registered MCM
72
Section 273 amended (Chief executive must keep registers)
73
Section 274 amended (Purpose of registers)
74
Section 275 amended (Content of register of building consent authorities)
75
Section 289 amended (Duty to produce evidence of being licensed)
76
Section 302 amended (Obligation to notify Registrar of change in circumstances)
77
Section 314 amended (Offences relating to licensing)
78
Section 326 amended (Failure to comply with summons)
78A
Section 362B amended (Meaning of building work and residential building contract)
79
Section 362D amended (Building contractor must provide information before residential building contract entered into)
79A
Section 362H amended (When provisions relating to implied warranties apply)
80
Section 362I amended (Implied warranties for building work in relation to household units)
81
Section 362M amended (Remedies if breach of warranty can be remedied)
82
Section 362Q amended (Building contractor or on-seller must remedy defect notified within 1 year of completion)
82A
Section 362T amended (Building contractor must provide prescribed information and documentation on completion of residential building work)
83
Section 362V amended (Offence for commercial on-seller to transfer household unit without code compliance certificate)
84
New Part 4B inserted
Part 4B
Building product information requirements
362VA
Building product information requirements may be prescribed
362VB
Failure to comply with building product information requirements an offence
362VC
False or misleading representations in relation to building products
362VD
Defences for offences against
sections 362VB and 362VC
Notice to take corrective action
362VE
Notice to take corrective action
362VF
Compliance with notice to take corrective action
85
Section 365 amended (Offence to fail to comply with direction of authorised person)
86
Section 366 amended (Offence to impersonate building consent authority or regional authority, etc)
87
Section 367 amended (Offence to obstruct execution of powers under this Act)
88
Section 368 amended (Offence to remove or deface notices)
89
Section 369 amended (Offence to make false or misleading statement)
90
Section 371D amended (Offence to impersonate enforcement officer)
91
Section 378 amended (Time limit for filing charging document)
92
Section 392 amended (Building consent authority not liable)
92A
Section 393 amended (Limitation defences)
93
Section 401 amended (Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code)
94
Section 402 amended (Regulations: general)
95
Section 403 amended (Consultation requirements for making regulations)
96
Section 405 amended (Incorporation of material by reference into certain instruments, solutions, and methods)
97
Schedule 1AA amended
98
Schedule 1 amended
Part 2
Amendments to other enactments
Subpart 1—Search and Surveillance Act 2012
99
Amendment to Search and Surveillance Act 2012
100
Schedule amended
Subpart 2—Building (Definition of Restricted Building Work) Order 2011
101
Amendment to Building (Definition of Restricted Building Work) Order 2011
102
Clause 4 amended (Order does not apply to certain building work or design work)
Legislative history
The Parliament of New Zealand enacts as follows: