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Building Act 2004

Miscellaneous provisions - Transitional provisions - Outline of transitional provisions

416: Outline of transitional provisions

You could also call this:

“This explains how the law changes step by step to make buildings safer and people who work on them more skilled.”

This part of the law explains how the Building Act 2004 will be put into action over time. On 30 November 2004, a few important things happen. The Building Industry Authority stops existing, and the government can start making rules for the new law. The person in charge (called the chief executive) gets new responsibilities. Local councils must create rules about dangerous buildings. A new system for licensing building workers begins. The chief executive must review the building code.

From 30 November 2004 to 31 March 2005, the chief executive takes over the old Authority’s job. On 31 March 2005, most of the new law starts working, and the old 1991 law stops. This includes new rules about building permits and safety checks.

From 30 November 2004 to 31 May 2006, people who used to check buildings can apply to become registered building consent authorities. Councils must also apply to be registered during this time.

After a certain date, only registered building consent authorities can do building control work. On 30 November 2010, new rules start about who can do restricted building work, and the transition period ends.

Remember, this is just a simple guide to help you understand the changes. The actual law has more details.

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 It might be out of date or be missing some parts.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=DLM309094.

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415: Repeal, or

“This part explains how an old building law is being replaced by a new one, but some rules from the old law will still work for a while.”

417: No compensation for loss of office, or

“The government doesn't have to pay people who lose their jobs because of changes to an old law.”

Part 5 Miscellaneous provisions
Transitional provisions: Outline of transitional provisions

416Outline of transitional provisions

The general scheme and effect of the transitional provisions is as follows:
on 30 November 2004,—
1. the Authority is dissolved; and
2. the regulation-making powers in the Act, and its transitional provisions relating to the dissolution of the Authority, come into force; and
3. the provisions setting out the functions of the chief executive under the Act come into force; and
4. the obligation of territorial authorities to adopt a policy on dangerous, earthquake-prone, and insanitary buildings comes into force; and
5. the licensing regime for building practitioners comes into force; and
6. the obligation of the chief executive to review the building code comes into force; and
between 30 November 2004 and 31 March 2005, the chief executive must perform the functions and duties, and exercise the powers, of the Authority under the Building Act 1991; and
on 31 March 2005,—
1. the rest of this Act (except some provisions) comes into force; and
2. the Building Act 1991 is repealed; and
3. the building control provisions of the Act (for example, the provisions relating to building consents, code compliance certificates, and compliance schedules) come into force; and
between 30 November 2004 and 31 May 2006, persons who held an approval as a building certifier under the former Act may apply to be registered as a building consent authority under section 191; and
between 30 November 2004 and 31 May 2006, territorial authorities and regional authorities must apply to be registered under section 191; and
on and after the date specified in section 450(3)(b)(ii), only building consent authorities that are registered under section 191 may perform functions relating to building control; and
on 30 November 2010,—
1. the requirement that restricted building work must be carried out or supervised by a licensed building practitioner comes into force; and
2. the transitional period ends.

This section is a guide only to the general scheme and effect of these provisions.

Notes

Section 416(1)(f): amended, on 29 August 2007, by section 5(3) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
Section 416(1)(f): amended, on 14 April 2005, by section 3(8) of the Building Amendment Act 2005 (2005 No 31).
Section 416(1)(g): amended, on 15 March 2008, by section 89 of the Building Amendment Act 2008 (2008 No 4).