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Building Act 2004

Building - Building code - Establishing compliance with building code

19: How compliance with building code is established

You could also call this:

“The building authority must accept different ways to show that a building follows the rules.”

You need to know how to show that a building follows the building code. A building consent authority must accept several ways to prove this. They include:

Following the rules mentioned in section 20 of this law.

Using an acceptable solution or a verification method.

Getting a decision from the chief executive that says it follows the code.

Having a current national multiple-use approval, as long as you meet all the conditions.

Having a current registered product certificate, if you follow all the conditions.

For modular components designed and made by a registered MCM, having a current manufacturer’s certificate from that MCM.

Having a certificate that shows the energy work follows the rules in the Electricity Act 1992 or Gas Act 1992, which also means it follows the building code.

When thinking about whether something follows the building code, a building consent authority or regional authority must look at any warnings or bans that are in place. They can also look at any guidance information from the chief executive.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306341.

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18: Building work not required to achieve performance criteria additional to or more restrictive than building code, or

“The law says you only need to follow the building code rules, not any extra or stricter rules, when doing building work.”

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20: Regulations may specify that there is only 1 means of complying with building code, or

“Rules can say there's only one way to follow building rules, like using special products or methods.”

Part 2 Building
Building code: Establishing compliance with building code

19How compliance with building code is established

  1. A building consent authority must accept any or all of the following as establishing compliance with the building code:

  2. compliance with regulations referred to in section 20:
    1. compliance with an acceptable solution:
      1. compliance with a verification method:
        1. a determination to that effect made by the chief executive under subpart 1 of Part 3:
          1. a current national multiple-use approval issued under section 30F, if every relevant condition in that national multiple-use approval is met:
            1. a current registered product certificate, if every relevant condition in that product certificate is met:
              1. in relation to the design and manufacture of a modular component that is designed and manufactured by a registered MCM, a current manufacturer’s certificate issued by that registered MCM:
                1. 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.

                  1. In considering whether something complies with the building code, a building consent authority or, as the case may be, a regional authority—

                  2. must have regard to any relevant warning or ban in force under section 26(2); and
                    1. may have regard to any guidance information published by the chief executive under section 175.

                      Compare
                        Notes
                        • Section 19(1): amended, on , by section 16(2)(b) of the Building Amendment Act 2005 (2005 No 31).
                        • Section 19(1)(b): replaced, on , by section 8 of the Building Amendment Act 2013 (2013 No 100).
                        • Section 19(1)(ba): inserted, on , by section 8 of the Building Amendment Act 2013 (2013 No 100).
                        • Section 19(1)(ca): inserted, on , by section 8(1) of the Building Amendment Act 2009 (2009 No 25).
                        • Section 19(1)(d): amended, on , by section 13(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                        • Section 19(1)(d): amended, on , by section 8(2) of the Building Amendment Act 2009 (2009 No 25).
                        • Section 19(1)(da): inserted, on , by section 13(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                        • Section 19(2)(a): amended, on , by section 13(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).