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Building Act 2004

Miscellaneous provisions - Miscellaneous - Regulations

403: Consultation requirements for making certain regulations and other Orders in Council

You could also call this:

“ Rules for asking people what they think before making new building laws ”

This section talks about how the government must ask for people’s opinions before making some important rules about buildings. These rules are called Orders in Council and regulations.

When the government wants to make these rules, they need to talk to people who might be affected by them. The person in charge, called the chief executive, has to do their best to find and talk to these people or groups.

The chief executive needs to tell everyone about the new rules they want to make. They have to give people enough time to think about it and share their ideas. Then, they need to carefully think about what people have said.

After talking to everyone, the chief executive tells the Minister what people said. The Minister then needs to make sure that the chief executive has talked to everyone properly before they can recommend making the new rules.

Even if the government doesn’t follow all these steps perfectly, the new rules can still be used. But it’s important that they try their best to listen to what people think before making new rules about buildings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309071.

Topics:

Housing and property > Home safety and repairs

Government and voting > Government departments

402A: Chief executive must review regulations made under section 402(1)(kb), or

“The boss must check if the rules about approving building plans are working well”

404: Certain regulations must not come into force earlier than specified date, or

“Some new rules can't start until other important rules are ready to begin.”

Part 5 Miscellaneous provisions
Miscellaneous: Regulations

403Consultation requirements for making certain regulations and other Orders in Council

This section applies to—
an Order in Council proposed to be made under section 9A, 9B, or 285; or
regulations proposed to be made under section 400, 401, or 402(1)(xg).

Before making a recommendation for the making of an Order in Council or regulations under those sections, the Minister must be satisfied that the chief executive has consulted in accordance with subsections (3) and (4).
The chief executive must—
do everything reasonably practicable on his or her part to consult with the persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the making of the relevant Order in Council or regulations; and
advise the Minister of the results of that consultation.

The process for consultation should, to the extent practicable in the circumstances, include—
giving adequate and appropriate notice of the intention to make the Order in Council or regulations; and
giving a reasonable opportunity for interested persons to make submissions; and
adequate and appropriate consideration of submissions.

A failure to comply with this section does not affect the validity of any Order in Council or regulations made.

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Notes

Section 403 heading: amended, on 7 September 2022, by section 96(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
Section 403(1)(a): amended, on 7 September 2022, by section 96(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
Section 403(1)(b): amended, on 7 September 2022, by section 96(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).