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Building Act 2004
Building
Building work—Project information memoranda and building consents
Waivers and modifications
68: Territorial authority must notify chief executive if waiver or modification granted

Part 1:
Preliminary provisions

General

Interpretation

General

7Interpretation

Meaning of building

8Building: what it means and includes 9Building: what it does not include

Meanings of building product and building method

9AMeaning of building product 9BMeaning of building method

Meaning of allotment

10Meaning of allotment

Outline of regulatory roles under this Act

11Role of chief executive 12Role of building consent authority and territorial authority 13Role of regional authority 14Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams

Outline of responsibilities under this Act

14AOutline of responsibilities under this Act 14BResponsibilities of owner 14CResponsibilities of owner-builder 14DResponsibilities of designer 14EResponsibilities of builder 14FResponsibilities of building consent authority 14GResponsibilities of product manufacturer or supplier

Part 2:
Building

Preliminary

15Outline of this Part

Building code

Requirement to comply with building code

16Building code: purpose 17All building work must comply with building code 18Building work not required to achieve performance criteria additional to or more restrictive than building code

Establishing compliance with building code

19How compliance with building code is established

Regulations may specify only 1 means of complying with building code

20Regulations may specify that there is only 1 means of complying with building code 21What happens if regulations specifying that there is only 1 means of complying with building code are made or not made

Acceptable solution or verification method

22Acceptable solution or verification method for use in establishing compliance with building code 23Effect of acceptable solution or verification method 24Chief executive may amend or revoke acceptable solution or verification method 25Content of acceptable solution or verification method 25AAcceptable solutions and verification methods to be available on Ministry's Internet site 25BBuilding product specifications for use in complying with acceptable solutions or verification methods 25CPublic notification and availability

Warnings and bans

26Chief executive may issue warning about, or ban use of, building products or building methods 27Offence to use building product or building method in breach of ban under section 26 28Limits on certain powers of building consent authority in cases involving bans under section 26

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

29Procedural requirements for acceptable solutions, verification methods, warnings, and bans 30Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans

National multiple-use approvals

Building work—Project information memoranda and building consents

Project information memoranda

31Building consent authority must apply for project information memorandum 32Owner may apply for project information memorandum 33Content of application 34Issue of project information memorandum 35Content of project information memorandum 36Territorial authority may issue development contribution notice 37Territorial authority must issue certificate if resource consent required 38Territorial authority must give copy of project information memorandum in certain circumstances 39Territorial authority must advise Heritage New Zealand Pouhere Taonga in certain circumstances

Building consents

40Building work not to be carried out without consent 41Building consent not required in certain cases 42Owner must apply for certificate of acceptance if building work carried out urgently 42ABuilding work for which building consent is not required under Schedule 1 43Building consent not required for energy work 44When to apply for building consent 45How to apply for building consent 45AMinor variations to building consents 45BChanges to plans and specifications that have national multiple-use approval 46Copy of certain applications for building consent must be provided to Fire and Emergency New Zealand 47Fire and Emergency New Zealand may give advice on applications under section 46 48Processing application for building consent 49Grant of building consent 50Refusal of application for building consent 51Issue of building consent 52Lapse of building consent

Building levy

53Applicant for building consent liable to pay levy 54Building consent authority must advise applicant of amount of levy payable 55Exemption from levy 56Payment of levy sufficient unless estimated value of building work changes 57Payment of levy if building work completed in stages 58Liability to pay levy: stand-alone building consent authority 59Liability to pay levy: territorial authority 60Building consent authority may retain part of levy 61Chief executive may recover unpaid levies from territorial authority or stand-alone building consent authority 62Territorial authority may recover unpaid levies from applicant for building consent 63Chief executive may obtain information in order to assess amount of levy payable 64Audit of issue of building consents for purpose of ascertaining payment of levy 65Chief executive may enter into agreements for auditing certain information 66Chief executive must review levy

Waivers and modifications

67Territorial authority may grant building consent subject to waivers or modifications of building code 67ATerritorial authority may grant waivers or modifications in relation to means of restricting access to residential pools 68Territorial authority must notify chief executive if waiver or modification granted 69Waiver or modification may only be granted by chief executive in certain cases 70Applications relating to energy work

Limitations and restrictions on building consents: Construction of building on land subject to natural hazards

71Building on land subject to natural hazards 72Building consent for building on land subject to natural hazards must be granted in certain cases 73Conditions on building consents granted under section 72 74Steps after notification

Limitations and restrictions on building consents: Construction of building on 2 or more allotments

75Construction of building on 2 or more allotments 76Exemption from section 75 77Building consent must not be granted until condition is imposed under section 75 78Registrar-General of Land must record entry on record of title when certificate is lodged under section 77 79Effect of entry recorded on record of title 80Records of title for 2 or more allotments subject to registered instrument 81Mortgage or charge has priority over registered instrument 82Registrar-General of Land may require preparation of plan 83Owner may apply for entry to be removed

Requirements for building work

Restricted building work must be carried out or supervised by licensed building practitioners

84Licensed building practitioner must carry out or supervise restricted building work 85Offences relating to carrying out or supervising restricted building work 86Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner 87Owner must notify names of licensed building practitioners engaged in restricted building work 87ANotices to building consent authority when owner-builder carries out restricted building work 88Licensed building practitioner to provide record of work in respect of restricted building work

Other provisions relating to building work generally

89Licensed building practitioner must notify building consent authority of breaches of building consent 90Inspections by building consent authorities

Restricted building work carried out by owner-builders

90APurpose of this subpart 90BMeaning of owner-builder 90CMeaning of relevant interest 90DOwner-builder exemption

Code compliance certificates, certificates of acceptance, and compliance schedules

Code compliance certificates

91Building consent authority that grants building consent to issue code compliance certificate 92Application for code compliance certificate 93Time in which building consent authority must decide whether to issue code compliance certificate 94Matters for consideration by building consent authority in deciding issue of code compliance certificate 95Issue of code compliance certificate 95ARefusal to issue code compliance certificate

Certificates of acceptance

96Territorial authority may issue certificate of acceptance in certain circumstances 97How to apply for certificate of acceptance 98Processing application for certificate of acceptance 99Issue of certificate of acceptance 99AAWithholding certificate of acceptance 99ARefusal of application for certificate of acceptance

Compliance schedules

100Requirement for compliance schedule 101Owner must comply with requirement for compliance schedule 102When compliance schedule must be issued 102AProcedure for obtaining compliance schedule where building consent not required 103Content of compliance schedule 104Building consent authority must notify territorial authority of issue of compliance schedule 104ATerritorial authority must issue statement in relation to compliance schedule 105Obligations of owner if compliance schedule is issued 106Application by owner for amendment to compliance schedule 107Territorial authority may amend compliance schedule on own initiative

Annual building warrant of fitness

108Annual building warrant of fitness 108ADuties of independently qualified person 109Territorial authority must consider recommendation to amend compliance schedule 110Owner must obtain reports on compliance schedule 111Inspections by territorial authority

Alterations to existing buildings

112Alterations to existing buildings 113Buildings with specified intended lives

Change of use, extension of life, and subdivision of buildings

114Owner must give notice of change of use, extension of life, or subdivision of buildings 115Code compliance requirements: change of use 116Code compliance requirements: extension of life 116ACode compliance requirements: subdivision 116BOffence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire

Access to buildings by persons with disabilities

117Definition for sections 118 to 120 118Access and facilities for persons with disabilities to and within buildings 119Acceptable solution for requirements of persons with disabilities 120Symbols of access must be displayed

Special provisions for dangerous, affected, and insanitary buildings

Interpretation and application

121Meaning of dangerous building 121AMeaning of affected building 122Meaning of earthquake-prone building 123Meaning of insanitary building 123AApplication of this subpart to parts of buildings

Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

123BBuildings in areas designated under subpart 6B 124Dangerous, affected, or insanitary buildings: powers of territorial authority 125Requirements for notice requiring building work or restricting entry 126Territorial authority may carry out work 127Building work includes demolition of building 128Prohibition on using dangerous, affected, or insanitary building 128AOffences in relation to dangerous, affected, or insanitary buildings 129Measures to avoid immediate danger or to fix insanitary conditions 130Territorial authority must apply to District Court for confirmation of warrant

Policy on dangerous and insanitary buildings

131Territorial authority must adopt policy on dangerous and insanitary buildings 132Adoption and review of policy 132APolicy must take into account affected buildings

Application of subpart to dams

133Application of this subpart to dams

Special provisions for earthquake-prone buildings

Application and interpretation

133AABuildings to which this subpart applies 133ABMeaning of earthquake-prone building 133ACMeaning of earthquake rating 133ADMeaning of low, medium, and high seismic risk 133AEMeaning of priority building 133AFRole of territorial authority in identifying certain priority buildings

Identifying earthquake-prone buildings

133AGTerritorial authority must identify potentially earthquake-prone buildings 133AHTerritorial authority must request engineering assessment of potentially earthquake-prone buildings 133AIObligations of owners on receiving request for engineering assessment 133AJOwners may apply for extension of time to provide engineering assessment 133AKTerritorial authority must determine whether building is earthquake prone

Remediation of earthquake-prone buildings

133ALTerritorial authority must issue EPB notice for earthquake-prone buildings 133AMDeadline for completing seismic work on or before 1 April 2024 133AMADeadline for completing seismic work on or after 2 April 2024 133AMBDeadline for completing seismic work required on or after commencement of this section 133AMCExtension of qualifying deadlines by Order in Council 133ANOwner may apply for exemption from requirement to carry out seismic work 133AOOwners of certain heritage buildings may apply for extension of time to complete seismic work 133APEPB notices and EPB exemption notices to be attached to earthquake-prone buildings 133AQTerritorial authority may assess information relating to earthquake-prone building status at any time

Powers of territorial authorities in respect of earthquake-prone buildings

133ARTerritorial authority may impose safety requirements 133ASTerritorial authority may carry out seismic work 133ATAlterations to buildings subject to EPB notice

Offences

133AUOffences in relation to earthquake-prone buildings

Methodology for identifying earthquake-prone buildings (EPB methodology)

133AVChief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)133AWConsultation requirements for setting EPB methodology 133AXNotification and availability of EPB methodology

Miscellaneous

133AYWhat territorial authority must do if definition of ultimate capacity or moderate earthquake amended

Special provisions for buildings affected by emergency

133BAPurpose of this subpart 133BBDefinitions

Designation of areas for emergency management of buildings

133BCDesignation of areas to which this subpart applies 133BDDecisions about designations (other than termination)133BEPublic notice of designation 133BFCommencement and duration of designation 133BGPeriodic review of designation 133BHExtension of designation 133BITermination of designation

Management of buildings in designated areas

133BJResponsible persons may exercise powers under this subpart 133BKCDEM Act officers as responsible persons 133BLPowers under this subpart take precedence over CDEM Act powers 133BMEffect of previously issued CDEM Act notices 133BNPrinciples for exercise of powers 133BOPower to enter building or land 133BPExercise of powers in secured buildings 133BQPost-event assessments 133BREvacuation 133BSMeasures to keep people at safe distance and protect building 133BTNotices and signs on buildings 133BUOwner directed to give information 133BVUrgent works to remove or reduce risks 133BWWorks to remove or reduce other risks 133BXWorks for long-term use or occupation of building 133BYResource consent not required for certain works

Other matters

133BZSharing of information 133BZAApplication of subparts 6, 6A, and 7 in designated areas

Safety of dams

Dams to which provisions of this subpart apply

133ADams to which subpart 7 provisions apply 133BMeasurement of dams

Notification of classifiable or referable dam

133CObligation to notify regional authority of classifiable or referable dam and change of ownership

Classification of dams

134When owner must classify dam 134ARegional authority may require owner to classify referable dam 134BMethod of classification 134BAClassification of dams that are canals 134COffence of failing to classify dam 135Owner must provide classification of, and certificate for, dam to regional authority 135ACertifying engineer must notify regional authority and owner if dam dangerous 136Regional authority must decide whether to approve or refuse dam classification 137Dam classification provided to regional authority by accredited dam owner deemed to have been approved 138Regional authority must require re-audit of dam classification that it refuses to approve 139Owner must review dam classification

Dam safety assurance programmes

Who is recognised engineer

149Who is recognised engineer

Dam compliance certificate

150Owner of dam must supply annual dam compliance certificate 150AAnnual dam compliance certificate requirements not to apply to accredited dam owner 151Register of dams 152Information to be provided to chief executive

Dangerous dams

153Meaning of dangerous dam 153AMeaning of earthquake-prone dam and flood-prone dam 153AABuildings in areas designated under subpart 6B 153BOwner must notify regional authority of dangerous dam 154Powers of regional authorities in respect of dangerous dams 155Requirements for notice given under section 154 156Regional authority may carry out work 157Measures to avoid immediate danger 158Regional authority must apply to District Court for confirmation of warrant 159Building work includes decommissioning and demolition of dam 160Power of regional authority not limited

Policy on dangerous dams

161Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams 162Adoption and review of policy

Special provisions for residential pools

162APurpose 162BApplication of subpart 162CResidential pools must have means of restricting access 162DPeriodic inspections of residential pools 162EManufacturers and retailers must supply notice

Notices to fix

163Definitions for this subpart 164Issue of notice to fix 165Form and content of notice to fix 166Special provisions for notices to fix from building consent authority 167Inspection of building work under notice to fix 168Offence not to comply with notice to fix

Part 3:
Regulatory responsibilities and accreditation

Responsibilities of chief executive

Functions, duties, and powers of chief executive generally

168AChief executive's functions in relation to this Act 169Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister 169AChief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)170Chief executive must consult in performing certain functions 171Chief executive may seek advice from building advisory panel 172Appointment of building advisory panel 173Function of panel 174Chief executive must report on panel's operation 175Chief executive may publish guidance information 175AChief executive may provide dispute resolution services

Power of chief executive to make determinations

176Meaning of party 177Application for determination 178Requirements for application for determination 179Chief executive may refuse application for determination 180Application for determination may be withdrawn 181Chief executive may make determination on own initiative 182No proceedings until determination made 183Decision or exercise of power suspended until determination made 184Chief executive must decide whether to make determination 185When determination must be completed 186Procedure for determination 187Chief executive may engage persons to assist with determination 188Determination by chief executive 189Clarification of determination 190Parties' costs

Power of chief executive to register persons as building consent authorities for purposes of this Act

191Chief executive may enter person's name in register of building consent authorities 192Criteria for registration 193Effect of registration 194Application for registration 195Chief executive must decide application for registration 196Registration continuous so long as person meets criteria for registration 197Consequences of failure to meet criteria for registration 198Effect of suspension 199Offence to perform functions of building consent authority if not authorised

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

Enforcement powers of chief executive

204Special powers of chief executive for monitoring performance of functions under this Act 205Limits on power to enter land or building 206Chief executive must supply warrant 207Duties of person supplied with warrant

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

Powers of chief executive to investigate building failures

207CInvestigation of building failure 207DPowers of investigation: purpose and investigation site 207ELimits to powers of investigation 207FAssistance with investigation 207GPower to secure investigation site 207HPower to enter investigation site 207IPower to enter household unit 207JPower to inspect and take samples and evidence 207KPower to carry out works 207LPower to require assistance 207MPower to require information or documents 207NRestrictions on sharing evidence or information 207OSharing evidence or information with occupational bodies 207PReport with findings of investigation 207QOffence to interfere with investigation site 207ROffence to access investigation site despite restriction or prohibition 207SOffence to obstruct investigation or fail to provide information or document

Appeal from chief executive's decisions

208Appeals to District Court 209Procedure for commencing appeal 210Steps after appeal is commenced 211Powers of District Court on appeal

Responsibilities of territorial authorities

Functions, duties, and powers of territorial authorities generally

Power of territorial authority to carry out building work on default

220Territorial authority may carry out building work on default 221Recovery of costs when territorial authority carries out work on default

Powers of territorial authority to carry out inspections and enter land

222Inspections by territorial authority 223Duty to assist inspections 224Warrant must be produced 225Offence to impersonate authorised officer 226Restriction on entry to household unit 227District Court may authorise entry to household unit 228Authorised officer must give notice to occupier of household unit

Enforcement powers of territorial authority

229Authorisation of enforcement officers 230Conditions of authorisation 231Offence to impersonate enforcement officer

Delegation of power

232Delegation of powers by territorial authority and its officers

Transfer of functions, duties, or powers of territorial authority

233Transfer of functions, duties, or powers of territorial authority 234Procedure for transfer 235Territorial authorities may agree on terms of transfer 236Effect of transfer

Responsibilities of building consent authority that is not territorial authority or regional authority

237Application of subpart 238Duties of stand-alone building consent authority 238AInformation to be supplied by stand-alone building consent authority 239Building consent authority must provide information to chief executive 240Building consent authority may impose fee or charge and must collect levy

Responsibilities of regional authorities

Functions, duties, and powers of regional authorities generally

241Regional authority must gain accreditation and be registered 242Regional authority must provide information to chief executive 243Regional authorities may impose fee or charge and recover costs, and must collect levy

Transfer of functions, duties, and powers of regional authority

244Transfer of functions, duties, and powers of regional authority 245Procedure for transfer 246Regional authorities may agree on terms of transfer 247Effect of transfer

Responsibilities of building consent accreditation body

Appointment of building consent accreditation body

248Chief executive may appoint building consent accreditation body

Requirements for building consent accreditation body

249Requirements for building consent accreditation body

Audit fees

249AFees for audits

Accreditation of building consent authorities or regional authorities

250Accreditation 251Criteria for accreditation 252Scope of accreditation of building consent authority that is not territorial authority 253Application for accreditation 254Revocation of accreditation 255Building consent accreditation body must notify chief executive of grant and revocation of accreditation

Responsibilities of dam owner accreditation body

Appointment of dam owner accreditation body

256Chief executive may appoint dam owner accreditation body

Requirements for dam owner accreditation body

257Requirements for dam owner accreditation body

Audit fees

257AFees for audits

Accreditation of dam owners

258Accreditation 259Revocation of accreditation 260Dam owner accreditation body must notify chief executive of grant and revocation of accreditation

Responsibilities relating to product certification

Appointment of product certification accreditation body

261Chief executive may appoint product certification accreditation body

Requirements for product certification accreditation body

262Requirements for product certification accreditation body

Audit fees

262AFees for audits

Accreditation of product certification bodies

263Accreditation of product certification body 264Suspension or revocation of accreditation 265Application for accreditation 266Suspension or revocation of accreditation 267Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation

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

Certification of building products and building methods

268Application for product certificate 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

Recognition of building products or building methods certified under overseas product certification scheme

272HARecognition of building products or building methods certified under overseas product certification scheme

Recognition of standards issued by overseas standards organisations, and standards certification schemes

272HBRecognition of overseas standards and of standards certification schemes 272HCPublic notification and availability

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

Miscellaneous responsibilities

Chief executive must keep registers

273Chief executive must keep registers 274Purpose of registers 275Content of register of building consent authorities 275AContent of EPB register 275BModification of chief executive’s obligation to make EPB register available for public inspection

Chief executive may review territorial authorities

276Review of territorial authorities

Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority

277Non-performance by territorial authority 278Criteria for appointment or renewal of appointment 279Effect of appointment 280Costs may be recovered from territorial authority 281Requirements for appointment

Fees, charges, and additional costs

281AWhat fees and charges may be imposed 281BAuthority may increase fee or charge to meet additional cost 281CAuthority may waive or refund fee or charge 281DValidity of previous fees, charges, and additional costs

Part 4:
Regulation of building practitioners

Preliminary

Definitions

282Definitions for this Part

Purposes of licensing

282APurposes of licensing building practitioners

General procedure of Board and Registrar under this Part

283Specified procedure for making decisions 284Other procedure for making decisions

Licensing and disciplining of building practitioners

Licensing classes

285Licensing classes may be designated by regulations

How to become licensed

286Entitlement to be licensed 287Applications to become licensed 288Registrar to license applicant or decline application

Provisions relating to licences

289Duty to produce evidence of being licensed 290Term of being licensed

Automatic licensing of certain professions

291Automatic licensing of people registered under other enactments

Continuation of licensing

292Licensed building practitioner must meet applicable minimum standards for licensing to continue 293Consequences of failure to meet applicable minimum standards for licensing

Licensing cancellation and suspension

294Cancellation of licensing 295Mandatory licensing suspension 296Voluntary licensing suspension 297Effect of licensing suspension

Register of licensed building practitioners

298Register of licensed building practitioners 299Purpose of register 300Form of register 301Matters to be contained in register

Updates of register

302Obligation to notify Registrar of change in circumstances 303Registrar must contact licensed building practitioners on annual basis 304Alterations to register

Searches of register

305Search of register 306Search criteria 307Search purposes 308When search constitutes interference with privacy of individual 309Search fees

Registrar of Licensed Building Practitioners

310Appointment of Registrar of Licensed Building Practitioners 311Functions of Registrar 312Power of Registrar to delegate 313Certificate of Registrar to be conclusive evidence

Offences relating to licensing

314Offences relating to licensing

Code of ethics and competence

314ACode of ethics for licensed building practitioners 314BLicensed building practitioner must work within competence

Discipline

315Complaints about licensed building practitioners 316Board must investigate complaints 317Grounds for discipline of licensed building practitioners 318Disciplinary penalties 319Non-payment of fines or costs 320Payment and application of charges, fines, and other money

Powers and procedure of Board on disciplinary matters

321Board must act independently 322Board may hear evidence for disciplinary matters 323Issuing of summons by Board 324Service of summons 325Witnesses' fees, allowances, and expenses 326Failure to comply with summons 327Witness and counsel privileges 328Enforcement of actions 329Certificate of Board to be conclusive evidence

Appeal from decisions

330Right of appeal 331Time in which appeal must be brought 332Method of bringing appeal 333Notice of right of appeal 334Actions to have effect pending determination of appeal 335Procedure on appeal 336Appeal authority's decision final 337Appeal authority may refer matter back for reconsideration 338Orders as to costs 339Orders as to publication of names 340Appeal on question of law

Building Practitioners Board

Establishment of Board

341Establishment of Board 342Capacity and powers 343Board's functions 344Composition of Board 345Criteria for appointment 346Further provisions relating to Board and its members

Reporting by Board

347Obligation to prepare annual report 348Form and content of annual report 349Obligation for Board to provide annual report to Minister 350Board to publish reports 351Annual reports to be presented to House of Representatives 352Power of Minister to require information relating to affairs of Board

Rules

353Rules relating to licensed building practitioners 354Chief executive to prepare proposed rules 355Particular requirements for preparation of rules containing LBP standards 356Rules to be approved by Board 357Revision of rules 358Approval of revised rule 359Requirements of sections 355 to 358 relate to amendments and revocations by Board 360Rules to be approved by Minister 361Rules made when approved by Minister 362Status of rules

Part 4A:
Consumer rights and remedies in relation to residential building work

Preliminary provisions

362AOutline of this Part 362BMeaning of building work and residential building contract 362CConsumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part

Pre-contract information

362DBuilding contractor must provide information before residential building contract entered into 362EPurpose of regulations under section 362D

Minimum requirements for residential building contract

362FMinimum requirements for residential building contract over certain value 362GRegulations may prescribe content, etc of residential building contract

Implied warranties

362HWhen provisions relating to implied warranties apply 362IImplied warranties for building work in relation to household units 362JProceedings for breach of warranties may be taken by non-party to contract 362KPerson may not give away benefit of warranties

Remedies for breach of implied warranty

362LRemedies for breach of implied warranty 362MRemedies if breach of warranty can be remedied 362NRemedies if breach of warranty cannot be remedied or breach is substantial 362OMeaning of substantial breach 362PRules applying to cancellation

Remedy of defect notified within 1 year of completion

362QBuilding contractor or on-seller must remedy defect notified within 1 year of completion 362RDefinitions for purposes of section 362Q

Exclusion of liability for event not attributable to fault of building contractor or on-seller

362SExclusion of liability for event not attributable to fault of building contractor or on-seller

Information and documentation to be provided on completion of residential building contract

362TBuilding contractor must provide prescribed information and documentation on completion of residential building work 362UPurpose of regulations under section 362T(2)

Offence by commercial on-seller

362VOffence for commercial on-seller to transfer household unit without code compliance certificate

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

Part 5:
Miscellaneous provisions

Other offences and criminal proceedings

Offence relating to building control

362WPremises in respect of which duty arises under section 363 363Protecting safety of members of public using premises open to public or intended for public use 363APublic use of premises may be allowed before issue of code compliance certificate in some circumstances 363BApplication of section 363 to building work where consent granted, or work begun, before 31 March 2005 363CSection 363 does not apply to building work commenced before 31 March 2005 364Offence for residential property developer to transfer household unit without code compliance certificate

Offences relating to administration of Act

365Offence to fail to comply with direction of authorised person 366Offence to impersonate building consent authority or regional authority, etc 367Offence to obstruct execution of powers under this Act

Miscellaneous offences

368Offence to remove or deface notices 369Offence to make false or misleading statement

Proceedings for infringement offences

370Interpretation 371Proceedings for infringement offences 371AWho may issue infringement notices 371BAuthorisation to issue infringement notice 371CConditions of authorisation 371DOffence to impersonate enforcement officer 372Issue of infringement notices 373Form of infringement notices 374Payment of infringement fees

Proceedings for offences generally

375Prosecution of offences 376Offences punishable on summary conviction 377Filing charging document 378Time limit for filing charging document 379Offence under more than 1 enactment 380What constitutes continuing offence 381District Court may grant injunctions for certain continuing breaches 382Terms of injunction or order 383District Court may direct chief executive to make determination 384District Court may grant interim injunctions 385Application of section 381 to Crown organisation 386Liability of principal for acts of agents 387Liability for acts of employees or agents of Crown organisations 388Strict liability and defences 389Fines to be paid to territorial authority or regional authority instituting prosecution

Civil proceedings and defences

390Civil proceedings may not be brought against chief executive, employees, etc 391Civil proceedings against building consent authorities 392Building consent authority not liable 393Limitation defences

Miscellaneous

Service of notices

394Service of notices 395Notices in relation to Māori land

Implied terms of contracts

396Application of sections 397 to 399 397Implied warranties for building work in relation to household units 398Proceedings for breach of warranties may be taken by person who was not party to contract for building work 399Person may not give away benefit of warranties

Regulations

400Regulations: building code 401Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code 401ARegulations: building consents and consent completion certificates 401BOrder in Council declaring work to be restricted building work 401CRegulations: earthquake-prone buildings 402Regulations: general 402AChief executive must review regulations made under section 402(1)(kb)403Consultation requirements for making certain regulations and other Orders in Council 404Certain regulations must not come into force earlier than specified date

Incorporation of material by reference

405Incorporation of material by reference into certain instruments, solutions, and methods 406Effect of amendments to, or replacement of, material incorporated by reference 407Proof of material incorporated by reference 408Effect of expiry of material incorporated by reference 409Requirement to consult 410Access to material incorporated by reference 411Application of Legislation Act 2019 to provisions incorporated by reference 412Application of Regulations (Disallowance) Act 1989 to material incorporated by reference 413Application of Standards and Accreditation Act 2015 not affected

Amendments and repeal

414Amendments to other enactments 415Repeal

Transitional provisions

Outline of transitional provisions

416Outline of transitional provisions

No compensation for loss of office

417No compensation for loss of office

Dissolution of Authority

418Authority dissolved 419Assets and liabilities vest in Crown 420Protection from civil liability for members, building referees, and employees of Authority continued 421Restriction of compensation for technical redundancy 422Reappointment of employee of Authority to Ministry 423Final reports and accounts 424References to Authority 425Proceedings of Authority

Validations

426Validation of levy 427Validation of past expenditure of levy 428Validation of accumulation of levy

Other transitional provisions

Review of building code

451Chief executive must review building code

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Building work for which building consent not required

Schedule 2:
Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies

Schedule 3:
Further provisions applying to Board

Schedule 4:
Enactments amended

Summary of changes

Building Act 2004

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

68: Territorial authority must notify chief executive if waiver or modification granted

You could also call this:

"Tell the boss if you make an exception to the rules"

If you are a territorial authority and you grant a waiver or modification under section 67 or 67A, you must tell the chief executive about it. You need to notify them about the waiver or modification you granted. This is a rule you must follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306814.

This page was last updated on 13 December 2025 — View changes

Topics:

Government and voting > Local councilsEnvironment and resources > Town planning

67A: Territorial authority may grant waivers or modifications in relation to means of restricting access to residential pools, or

"Council can allow different pool fence rules if they think it's still safe for kids."

69: Waiver or modification may only be granted by chief executive in certain cases, or

"The boss can only change building rules for old buildings with special needs access in certain situations."

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

68Territorial authority must notify chief executive if waiver or modification granted

If a territorial authority grants a waiver or modification under section 67 or 67A, the territorial authority must notify the chief executive of the waiver or modification.

Notes

Section 68: amended, on 27 November 2025, by section 21 of the Statutes Amendment Act 2025 (2025 No 74).