402Regulations: general

1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

   Building levy:

2. prescribing the rate of the levy to be paid under section 53:
3. providing for the method by which the levy will be calculated:
4. providing for the payment and collection of the levy:

Licensing:

5. prescribing the fees or charges payable in respect of the licensing, disciplining, and registration of building practitioners under Part 4, including the fees and charges for—
   1. an application to be licensed as a building practitioner; and
   2. the issue of that evidence of being licensed; and
   3. the renewal of that evidence of being licensed:
6. providing for waivers and refunds of the whole or any part of a fee or charge referred to in paragraph (d):
7. providing for the following matters relating to the levy payable by licensed building practitioners under section 303:
   1. different levies for different classes of licensed building practitioners; and
   2. the amount of the levy; and
   3. the method by which the levy will be calculated; and
   4. the criteria and other requirements by and against which the levy will be set or reset; and
   5. the payment and collection of the levy; and
   6. exempting any licensed building practitioners or any class of licensed building practitioners from paying the levy; and
   7. waivers and refunds of the whole or any part of the levy; and
   8. any other matters necessary or desirable to set, calculate, administer, collect, and enforce the levy:
8. specifying—
   1. the information that must be provided by persons who make complaints against a licensed building practitioner or a former licensed building practitioner; and
   2. the way in which that information must be evaluated; and
   3. the way in which decisions on whether or not to proceed with the complaint must be made and implemented:
9. prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register of licensed building practitioners established and maintained under section 298, including matters that relate to—
   1. the operation of the register:
   2. access to the register:
   3. the location of, and hours of access to, the register:
   4. search criteria for the register:
10. prescribing the way in which a disciplinary matter must be considered and decided on by the Board, and the way in which decisions on that matter must be implemented:
11. prescribing the manner in which rules made under section 353 are to be made, amended, or revoked, including the requirements for consultation with persons affected by the proposed rules:

Acceptance of independently qualified pool inspectors:

12. prescribing matters in respect of the acceptance and renewal of acceptance of independently qualified pool inspectors, including the fees or charges payable:

General matters:

13. prescribing procedures for regulating and controlling the construction, maintenance, and demolition of buildings:
14. prescribing the form or content of applications, or any other documentation or information that is required to accompany applications or is otherwise required under this Act:
15. prescribing eligibility criteria for national multiple-use approvals:
16. prescribing the period of time within which the chief executive must decide, under section 30E(1), whether to issue a national multiple-use approval:
17. defining the minor customisations that may be made to plans and specifications in relation to which a national multiple-use approval has been issued when incorporating those plans and specifications into a building consent:
18. defining the minor variations that may be made to a building consent for the purposes of section 45A:
19. prescribing information to be provided to the chief executive by—
    1. territorial authorities and building consent authorities in relation to buildings and building work; and
    2. regional authorities and owners of dams in relation to dams:
20. prescribing time limits for the purposes of this Act:
22. designating a licensing class or classes for carrying out or supervising particular types of—
    1. building work; or
    2. building inspection work:
23. prescribing systems or parts of systems that amount to specified systems for the purposes of this Act:
24. defining moderate earthquake for the purposes of sections 133AB and 153:
25. defining ultimate capacity for the purposes of section 133AB (meaning of earthquake-prone building):
26. defining moderate flood for the purposes of section 153:
27. defining earthquake threshold event for the purposes of section 153A:
28. defining flood threshold event for the purposes of section 153A:
29. prescribing the minimum terms and conditions of an insurance policy for the purposes of section 192(2)(a):
30. providing for the approval of schemes of insurance for the purposes of section 192(2)(b):
31. prescribing the criteria and standards that an applicant must meet to be accredited as—
    1. a building consent authority; or
    3. a dam owner:
32. prescribing the fees payable for an audit under section 249(a) or 257, or the rate at which, or method by which, those fees are to be calculated:
33. prescribing, in relation to product certification bodies,—
    1. the fees payable under section 262A for an audit or the rate at which, or method by which, those fees are to be calculated:
    2. for the purposes of section 263(1),—
       1. requirements for policies, procedures, and systems:
       2. other criteria and standards for accreditation:
    3. for the purposes of section 267A,—
       1. requirements to have adequate means to cover civil liabilities:
       2. other criteria and standards for registration:
34. prescribing, in relation to product certification bodies,—
    1. the criteria and standards for certification of a building product or building method for the purposes of section 269 (which must include, without limitation, criteria and standards about the effects on human health of the building product or building methods):
    2. in relation to reviews under section 270, matters that a registered PCB must take into account, and requirements that a registered PCB must comply with, in carrying out an audit:
35. prescribing the kinds of building products that are modular components for the purposes of the definition of modular component in section 7:
36. prescribing, in relation to modular component manufacturer certification bodies,—
    1. for the purposes of section 272J(1),—
       1. requirements for policies, procedures, and systems:
       2. other criteria and standards for accreditation:
    2. in relation to audits under section 272K,—
       1. the frequency with which audits must be conducted:
       2. matters that an MCMC accreditation body must take into account in carrying out an audit:
       3. other requirements that an MCMC accreditation body must comply with in carrying out an audit:
       4. the fees payable for an audit or the rate at which, or method by which, those fees are to be calculated:
    3. for the purposes of section 272N,—
       1. requirements to have adequate means to cover civil liabilities:
       2. other criteria and standards for registration:
37. prescribing, in relation to modular component manufacturers,—
    1. for the purposes of section 272U(1),—
       1. requirements for policies, procedures, and systems:
       2. other criteria and standards for certification:
    2. in relation to audits under section 272V,—
       1. the frequency with which audits must be conducted:
       2. matters that a registered MCMCB must take into account in carrying out an audit:
       3. other requirements that a registered MCMCB must comply with in carrying out an audit:
    3. for the purposes of section 272Y,—
       1. requirements to have adequate means to cover civil liabilities:
       2. other criteria and standards for registration:
38. prescribing the information to be included in, and other requirements for, manufacturers’ certificates for modular components for the purposes of section 272ZF:
39. determining or fixing scales of charges or other criteria for the purpose of fixing charges by the chief executive under Part 3:
40. prescribing—
    1. the matters in respect of which fees are payable under this Act, and the amount of those fees; or
    2. the rate at which, or method by which, fees are to be calculated for the purposes of this Act:
41. defining the meaning of classifiable dam:
42. defining the meaning of referable dam:
43. designating or describing an area or proximity to an area or feature for the purposes of section 134A:
44. prescribing criteria and standards that a dam owner must apply in—
    1. classifying dams; or
    2. preparing a dam safety assurance programme:
45. prescribing disclosure information for the purposes of section 362D(2)(a) and the form of that disclosure information:
46. prescribing a checklist for the purposes of section 362D(2)(b) and the form of that checklist:
47. prescribing the minimum price for building work for the purposes of section 362D(1)(a) or prescribing the methodology for calculating that minimum price, or both:
48. prescribing the minimum price for building work for the purposes of section 362F(1) or prescribing the methodology for calculating that minimum price, or both:
49. prescribing the content of, or information or clauses or terms that must be contained in, a residential building contract for the purposes of section 362F(2)(c):
50. prescribing any or all of the information and documentation for the purposes of section 362T(2):
51. prescribing information requirements for building products for the purposes of section 362VA:
52. specifying infringement offences for the purposes of this Act:
53. setting the infringement fee for each infringement offence (which may not exceed $20,000):
54. prescribing the forms that must be used for issuing an infringement notice:
55. prescribing, for the purposes of section 362V(2), the form and content of the written agreement referred to in that subsection:
56. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

57. The fees and charges prescribed under subsection (1)(d) must be reasonable, having regard to the need to recover the costs incurred by the Registrar in performing his or her functions under this Act.

58. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare

Notes

• Section 402(1)(d): amended, on 13 March 2012, by section 83(1) of the Building Amendment Act 2012 (2012 No 23).
• Section 402(1)(d)(ii): amended, on 15 March 2008, by section 87(1) of the Building Amendment Act 2008 (2008 No 4).
• Section 402(1)(d)(iii): amended, on 15 March 2008, by section 87(1) of the Building Amendment Act 2008 (2008 No 4).
• Section 402(1)(da): inserted, on 13 March 2012, by section 83(2) of the Building Amendment Act 2012 (2012 No 23).
• Section 402(1)(e): amended, on 13 March 2012, by section 83(3) of the Building Amendment Act 2012 (2012 No 23).
• Section 402(1)(i): amended, on 8 June 2021, by section 95(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(ia) heading: inserted, on 1 January 2017, by section 16 of the Building (Pools) Amendment Act 2016 (2016 No 71).
• Section 402(1)(ia): inserted, on 1 January 2017, by section 16 of the Building (Pools) Amendment Act 2016 (2016 No 71).
• Section 402(1)(k): amended, on 8 June 2021, by section 95(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(ka): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
• Section 402(1)(kb): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
• Section 402(1)(kc): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
• Section 402(1)(kd): inserted, on 1 August 2009, by section 30 of the Building Amendment Act 2009 (2009 No 25).
• Section 402(1)(n): repealed, on 13 March 2012, by section 83(4) of the Building Amendment Act 2012 (2012 No 23).
• Section 402(1)(na): inserted, on 15 March 2008, by section 87(2) of the Building Amendment Act 2008 (2008 No 4).
• Section 402(1)(o): replaced, on 13 March 2012, by section 83(5) of the Building Amendment Act 2012 (2012 No 23).
• Section 402(1)(p): amended, on 1 July 2017, by section 39(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
• Section 402(1)(pa): inserted, on 1 July 2017, by section 39(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
• Section 402(1)(qa): inserted, on 15 March 2008, by section 87(3) of the Building Amendment Act 2008 (2008 No 4).
• Section 402(1)(qb): inserted, on 15 March 2008, by section 87(3) of the Building Amendment Act 2008 (2008 No 4).
• Section 402(1)(t)(ii): repealed, on 14 April 2005, by section 20(2) of the Building Amendment Act 2005 (2005 No 31).
• Section 402(1)(t)(iv): repealed, on 8 June 2021, by section 95(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(ta): inserted, on 15 March 2008, by section 87(4) of the Building Amendment Act 2008 (2008 No 4).
• Section 402(1)(ta): amended, on 8 June 2021, by section 95(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(tb): inserted, on 8 June 2021, by section 95(5) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(u): replaced, on 8 June 2021, by section 95(6) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(ua): inserted, on 8 June 2021, by section 95(6) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(ub): inserted, on 8 June 2021, by section 95(6) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(uc): inserted, on 8 June 2021, by section 95(6) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(ud): inserted, on 8 June 2021, by section 95(6) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(w): replaced, on 15 March 2008, by section 87(5) of the Building Amendment Act 2008 (2008 No 4).
• Section 402(1)(wa): inserted, on 28 November 2013, by section 67(1) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(wb): inserted, on 28 November 2013, by section 67(1) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(wc): inserted, on 28 November 2013, by section 67(1) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(x): amended, on 17 December 2019, by section 27 of the Building Amendment Act 2019 (2019 No 27).
• Section 402(1)(xa): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(xb): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(xc): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(xd): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(xe): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(xf): inserted, on 28 November 2013, by section 67(2) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(1)(xg): inserted, on 8 June 2021, by section 95(7) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
• Section 402(1)(zb): amended, on 1 January 2015, by section 67(3) of the Building Amendment Act 2013 (2013 No 100).
• Section 402(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).