Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Building code - Procedural requirements for acceptable solutions, verification methods, warnings, and bans

29: Procedural requirements for acceptable solutions, verification methods, warnings, and bans

You could also call this:

“Rules for making or changing building rules, warnings, and bans to keep people safe”

When the chief executive wants to make changes about acceptable solutions, verification methods, warnings, or bans, they need to follow certain steps. First, they must look at all the possible options to achieve their goal. Then, they need to think about the good and bad points of each option, and how well each option might work.

The chief executive must then tell the public about their plan. They need to let people know where they can find information about the plan, and give them a chance to share their thoughts. People must have at least 10 working days to do this.

The plan must include details about what is being proposed, why it’s being proposed, and when it might start. It should also say if the changes will affect building work that has already been approved.

However, if the chief executive thinks the change is urgent or won’t have a big impact on anyone, they don’t have to follow all these steps.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306358.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
Previous

28: Limits on certain powers of building consent authority in cases involving bans under section 26, or

“ Building officials can't approve certain building activities if it breaks rules about banned things ”

Next

30: Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans, or

“Rules for quickly making, changing, or stopping building rules in emergencies”

Part 2 Building
Building code: Procedural requirements for acceptable solutions, verification methods, warnings, and bans

29Procedural requirements for acceptable solutions, verification methods, warnings, and bans

  1. This section applies if the chief executive proposes to—

  2. issue an acceptable solution or a verification method; or
    1. amend or revoke an acceptable solution or a verification method; or
      1. issue a warning or declare a ban; or
        1. amend or revoke a warning or ban.

          1. Before doing any of the things referred to in subsection (1), the chief executive must—

          2. seek to identify all reasonably practicable options for achieving the objective of the acceptable solution, verification method, warning, or ban; and
            1. assess those options by considering—
              1. the benefits and costs of each option; and
                1. the extent to which the objective would be promoted or achieved by each option; and
                  1. any other matters that, in the chief executive's opinion, are relevant; and
                  2. publicly notify a statement of proposal; and
                    1. give persons an opportunity to make submissions on the statement of proposal; and
                      1. consider those submissions.

                        1. For the purposes of subsection (2)(c), the chief executive must notify—

                        2. where copies of the statement of proposal may be obtained; and
                          1. that submissions on the statement of proposal may be made to the chief executive by a specified date (which date must not be less than 10 working days after the date of the public notification).

                            1. The statement of proposal must contain—

                            2. a detailed statement of the proposal (which may be a copy of the proposed acceptable solution, verification method, warning, or ban); and
                              1. a statement of the reasons for the proposal; and
                                1. an analysis of the reasonably practicable options, including the proposal, identified under subsection (2); and
                                  1. a detailed statement of the proposed transitional changes (if any) for the acceptable solution, verification method, warning, or ban; and
                                    1. the date on which the acceptable solution, verification method, warning, or ban is proposed to come into force; and
                                      1. a statement as to whether the acceptable solution, verification method, warning, or ban will apply to building work for which a building consent has been issued before the date on which the acceptable solution, verification method, warning, or ban comes into force; and
                                        1. any other information that the chief executive considers relevant.

                                          1. The chief executive is not required to comply with subsection (2) if the chief executive is satisfied that—

                                          2. the acceptable solution, verification method, or warning needs to be issued, or the ban needs to be declared, urgently; or
                                            1. the acceptable solution, verification method, warning, or ban needs to be amended urgently; or
                                              1. the acceptable solution, verification method, warning, or ban needs to be revoked urgently; or
                                                1. the effect of the acceptable solution, verification method, warning, or ban is minor and will not adversely affect the substantial interests of any person.

                                                  Compare
                                                    Notes
                                                    • Section 29 heading: amended, on , by section 13(1) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(1)(a): amended, on , by section 13(2) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(1)(b): amended, on , by section 13(3) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(2)(a): amended, on , by section 13(4) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(4)(a): amended, on , by section 13(5) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(4)(d): amended, on , by section 13(5) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(4)(e): amended, on , by section 13(5) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(4)(f): amended, on , by section 13(5) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(5)(a): amended, on , by section 13(6) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(5)(b): amended, on , by section 13(7) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(5)(c): amended, on , by section 13(7) of the Building Amendment Act 2013 (2013 No 100).
                                                    • Section 29(5)(d): amended, on , by section 13(7) of the Building Amendment Act 2013 (2013 No 100).