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Building Act 2004

Building - Building work—Project information memoranda and building consents - Project information memoranda

35: Content of project information memorandum

You could also call this:

"What you need to know before you start building: information about your project"

When you want to do some building work, you need a project information memorandum. This document must be in a special form if one is prescribed. You will find information in the memorandum that is relevant to your building work, such as the heritage status of the building and any special features of the land. The territorial authority will tell you about any authorisations you need to get before you start building.

The memorandum will also include details about stormwater and wastewater systems that affect your building work. You might need to make provision for a fire evacuation scheme, and the territorial authority will let you know if this is the case, as stated in section 76 of the Fire and Emergency New Zealand Act 2017. The authority will also tell you if you need to notify Heritage New Zealand Pouhere Taonga, as stated in section 39.

The memorandum will say whether you can start building work, and if so, what requirements you need to meet. If your building is for a special purpose, like a hospital or a school, it must meet certain rules, such as providing access for people with disabilities, as stated in section 118 and the building code. The territorial authority will define what they mean by "land concerned" and "special feature of the land concerned", which includes things like natural hazards or contaminants that might affect your building work, and are known to the authority but not apparent from the district plan under the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306366.

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Part 2Building
Building work—Project information memoranda and building consents: Project information memoranda

35Content of project information memorandum

  1. A project information memorandum must be issued in the prescribed form (if any).

  2. A project information memorandum must include—

  3. information likely to be relevant to the proposed building work that identifies—
    1. the heritage status of the building (if any); and
      1. each special feature of the land concerned (if any); and
      2. information likely to be relevant to the proposed building work that, in terms of any other Act, has been notified to the territorial authority by a statutory authority; and
        1. details of any existing stormwater or wastewater utility systems that—
          1. relate to the proposed building work; or
            1. are on, or adjacent to, the site of the proposed building work; and
            2. details of any authorisation in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator (if the territorial authority is acting as agent for a network utility operator by prior agreement with the network utility operator), is authorised to refuse or require under any Act, except this Act, and, in respect of each authorisation,—
              1. a statement of the requirements to be met in order for the authorisation to be granted or imposed; and
                1. the conditions to which an authorisation will be subject; and
                2. if the territorial authority considers that the owner of the building or proposed building to which the project information memorandum relates is likely to be required, under section 76 of the Fire and Emergency New Zealand Act 2017, to make provision for a scheme that provides for evacuation from the scene of a fire, a statement to that effect; and
                  1. if the territorial authority considers that notification to Heritage New Zealand Pouhere Taonga is likely to be required under section 39, a statement to that effect; and
                    1. either—
                      1. confirmation, subject to this Act, that building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained; or
                        1. notification that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent; and
                        2. if section 75 applies, the statement referred to in section 75(2); and
                          1. if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—
                            1. section 118 (relating to access and facilities for persons with disabilities to and within buildings); and
                              1. the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.

                              2. In this section,—

                                land concerned—

                                1. means the land on which the proposed building work is to be carried out; and
                                  1. includes any other land likely to affect or be affected by the building work

                                    special feature of the land concerned includes, without limitation, potential natural hazards, or the likely presence of hazardous contaminants, that—

                                    1. is likely to be relevant to the design and construction or alteration of the building or proposed building; and
                                      1. is known to the territorial authority; and
                                        1. is not apparent from the district plan under the Resource Management Act 1991.

                                        Notes
                                        • Section 35(1AA): inserted, on , by section 11 of the Building Amendment Act 2009 (2009 No 25).
                                        • Section 35(1)(e): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                        • Section 35(1)(f): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                        • Section 35(1)(h): amended, on , by section 10 of the Building Amendment Act 2008 (2008 No 4).
                                        • Section 35(1)(i): inserted, on , by section 10 of the Building Amendment Act 2008 (2008 No 4).
                                        • Section 35(2) special feature of the land concerned paragraph (c): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).