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New Zealand law explained for everyone

Building Act 2004

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

70: Applications relating to energy work

You could also call this:

“This law explains how to ask for changes to energy rules when building something”

This part of the law is about what happens when you ask for permission to do energy work that doesn’t follow the usual building rules. Energy work means things like gas or electricity work in a building.

If you want to do energy work that’s different from the normal rules, you need to ask your local council for permission. The council will then send your request to a special government official called the chief executive.

The chief executive will talk to the people in charge of gas and electricity laws. Then, they’ll decide if you can do the energy work differently from the normal rules. They might say yes, but with some conditions you need to follow.

When you make this kind of request, it’s treated like you’re asking for a special decision about your building work. There are rules about how this process works, which you can find in another part of the law called section 177.

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 It might be out of date or be missing some parts.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=DLM306816.

Topics:
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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.”

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

70Applications relating to energy work

  1. This section applies if any part of an application for a building consent—

  2. relates to energy work; and
    1. involves the grant or refusal of a waiver or modification of the building code in relation to that energy work.

      1. If this section applies,—

      2. the application must be made to a territorial authority; and
        1. the territorial authority must refer the part of the application that relates to energy work to the chief executive.

          1. If any part of the application is referred to the chief executive under subsection (2)(b), the chief executive must—

          2. consult with the chief executive of the department of State responsible for the administration of the Gas Act 1992 and the Electricity Act 1992; and
            1. decide—
              1. whether to grant the waiver or modification in relation to the energy work; and
                1. if he or she decides to grant the waiver or modification, whether any conditions should be imposed in respect of the waiver or modification; and
                  1. if so, what the conditions should be.

                  2. An application referred to in subsection (1) must be treated, for the purposes of section 177, as an application by the applicant for the building consent to which the referral relates, and, accordingly, subpart 1 of Part 3 applies to the application—

                  3. to the extent that it is applicable; and
                    1. with all necessary modifications.

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