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Building Act 2004

Miscellaneous provisions - Miscellaneous - Regulations

401B: Order in Council declaring work to be restricted building work

You could also call this:

“The Governor-General can decide that some building or design work needs special permission to do”

The Governor-General can make an official order to say that certain types of building or design work are restricted. This means only special people can do this work. The Minister must recommend this order, and they can only do so if they think the work is really important for making sure a building or part of a building is safe and strong.

This order can apply to all kinds of building or design work, or it might only apply to certain types of buildings or parts of buildings. If you already asked for permission to do some building work before it became restricted, you can still do that work without it being restricted.

When the Governor-General makes this kind of order, it becomes a special type of law called secondary legislation. This means it has to follow certain rules about how it’s published and shared with people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4358344.

Topics:
Housing and property > Home safety and repairs
Government and voting > Government departments
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Part 5 Miscellaneous provisions
Miscellaneous: Regulations

401BOrder in Council declaring work to be restricted building work

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any kind of building work (other than building work for which a building consent is not required) or any kind of design work to be restricted building work.

  2. An order under subsection (1) may apply to any kind of building work or design work generally, or may apply to building work or design work in relation to particular types or categories of buildings or to particular parts of buildings.

  3. The Minister may recommend the making of an order under this section only if the Minister is satisfied that the kind of building work or design work in question is (or is likely to be) critical to the integrity of a building or part of a building.

  4. Building work or design work is not restricted building work if it relates to an application for a building consent made before the commencement of an order under subsection (1) declaring building work or design work of the same kind to be restricted building work.

  5. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 401B: inserted, on , by section 82 of the Building Amendment Act 2012 (2012 No 23).
  • Section 401B(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).