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Building Act 2004

Review of building code

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

“Rules for managing changes to building regulations over time”

This schedule outlines transitional provisions for changes made to the Building Act 2004 by several amendment acts. Here are the key points:

  1. It explains how notices about earthquake-prone buildings issued before the 2016 amendments should be handled.

  2. It describes how policies on dangerous buildings adopted before 2016 should be updated.

  3. It clarifies how the 2019 amendments apply to emergencies that began before those changes took effect.

  4. It explains how product certification and modular component manufacturer scheme rules should be published and their legal status.

  5. It gives existing product certification bodies 6 months to become registered under the new system introduced in 2021.

  6. It automatically registers existing product certificates under the new system from 2021.

  7. It explains how the new rules apply to existing certificates for building designs and design methods.

  8. It clarifies how time limits for filing charges apply to offences committed before and after the 2021 changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7340918.

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1AATransitional, savings, and related provisions

1Provisions relating to Building (Earthquake-prone Buildings) Amendment Act 2016

1Interpretation

  1. In this Part,—

    amendment Act means the Building (Earthquake-prone Buildings) Amendment Act 2016

      commencement date means the day on which section 24 of the amendment Act (which inserts subpart 6A of Part 2) comes into force.

      Notes
      • Schedule 1AA clause 1: amended, on , by section 98(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

      2Notices given under section 124 before commencement date

      1. This clause applies to a building or a part of a building if, before the commencement date, a territorial authority issued a written notice under section 124(2)(c)(i) (the old notice) requiring work to be carried out on the building or part, by a deadline stated in the old notice (the old deadline), to reduce or remove the danger associated with the building or part being earthquake prone (the seismic work).

      2. If subpart 6A of Part 2 does not apply to the building (see section 133AA),—

      3. the old notice is revoked on the commencement date; and
        1. the territorial authority must notify the owner of the building of that fact.

          1. If subpart 6A of Part 2 does apply to the building,—

          2. the territorial authority is deemed to have determined that the building or the part of the building is earthquake prone; and
            1. the territorial authority need not determine the earthquake rating of the building or part; and
              1. the territorial authority must, as soon as practicable after the commencement date,—
                1. issue an EPB notice for the building or the part of the building under section 133AL; and
                  1. record the details of the building or the part of the building in the EPB register and update other information in the EPB register as necessary (but the territorial authority need not record the earthquake rating of the building or part); and
                  2. the deadline for completing the seismic work is determined as follows:
                    1. if the old deadline is earlier than the deadline calculated under section 133AM(2), the deadline for completing the seismic work is the old deadline (subject to subclause (5)); and
                      1. if the old deadline is on or after the deadline calculated under section 133AM(2), the deadline for completing the seismic work is the deadline calculated under section 133AM(2); and
                      2. until the territorial authority issues an EPB notice, the old notice must be treated as if it were an EPB notice issued under this Act.

                        1. To avoid doubt, for the purpose of subclause (3)(d) the deadline calculated under section 133AM(2) is the expiry of the relevant period as measured from the date of the EPB notice and not from the date of the old notice.

                        2. If an old deadline is preserved by subclause (3)(d)(i) but the period given for completing the seismic work under the old notice is shorter than the relevant period specified in section 133AM(2) (for example, an old notice issued for a building in an area of medium seismic risk required the owner to complete seismic work within 20 years after the date of that notice, but the period specified in section 133AM(2) that is relevant to the building is 25 years),—

                        3. the owner of the building or the part of the building may apply to the territorial authority to have the relevant period specified in section 133AM(2) applied retrospectively to the date of the old notice (which would have the effect of extending the deadline for completing the seismic work); and
                          1. in deciding whether to grant the application, the territorial authority must have regard to the particular circumstances and any guidance issued by the chief executive under section 175 for that purpose; and
                            1. if the territorial authority grants the application, the deadline is the expiry of the relevant period specified in section 133AM(2), as measured from the date of the old notice and not from the date of the EPB notice.

                              1. If a territorial authority grants an application under subclause (5), the territorial authority must—

                              2. issue or reissue (as applicable) an EPB notice for the building or part under section 133AL; and
                                1. record the details of the decision in the EPB register and update other information in the EPB register as necessary.

                                  3Policy adopted under section 131 before commencement date

                                  1. This clause applies to a policy under section 131 (policy on dangerous, earthquake-prone, and insanitary buildings) that is adopted by a territorial authority before the commencement date.

                                  2. To the extent that the policy applies to earthquake-prone buildings, the policy ceases to apply on the commencement date.

                                  3. As soon as is reasonably practicable after the commencement date, the territorial authority must amend or replace the policy to remove references to earthquake-prone buildings.

                                  4. Section 132 applies to an amendment or a replacement made under subclause (3), except that the special consultative procedure in section 83 of the Local Government Act 2002 (see section 132(2)) does not apply unless the amendment or replacement materially affects the policy as it applies to dangerous and insanitary buildings.

                                  4Effect of certain references to parts of buildings

                                  1. The fact that provisions added to this Act by the amendment Act refer separately to buildings and parts of buildings does not limit or affect any other provision of this Act in terms of how that provision applies in respect of parts of buildings.

                                  2Provisions relating to Building Amendment Act 2019

                                  5Application of subpart 6B of Part 2 where emergency precedes commencement date

                                  1. This clause applies if the whole or a part of an area that is designated under section 133BC is—

                                  2. subject to a state of emergency or a transition period under the CDEM Act that was in force immediately before the commencement date (see section 133BC(1)); or
                                    1. affected by an emergency, in relation to which no state of emergency has been declared and no transition period has been notified, that arose and was still affecting the area immediately before the commencement date (see section 133BC(2)).

                                      1. The provisions of subpart 6B of Part 2 apply to the area on and after the commencement date as if the state of emergency had been declared, the transition period had been notified, or the emergency had arisen on or after that date.

                                      2. In this clause, commencement date means the date on which section 12 of the Building Amendment Act 2019 comes into force.

                                      Notes
                                      • Schedule 1AA clause 5: inserted, on , by section 28(2) of the Building Amendment Act 2019 (2019 No 27).

                                      6Investigation of existing building failure

                                      1. The requirements in section 207C(1)(a) and (b) may be satisfied even if the matters to which they relate (the building failure and resulting risk or potential risk) occurred before the commencement date.

                                      2. In this clause, commencement date means the date on which section 20 of the Building Amendment Act 2019 comes into force.

                                      Notes
                                      • Schedule 1AA clause 6: inserted, on , by section 28(2) of the Building Amendment Act 2019 (2019 No 27).

                                      3Provisions relating to Legislation Act 2019

                                      7Application of Part

                                      1. This Part applies until the main commencement date (as defined in clause 2 of Schedule 1 of the Legislation Act 2019).

                                      Notes
                                      • Schedule 1AA clause 7: inserted, on , by section 98(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

                                      8Publication and status of product certification and MCM scheme rules

                                      1. This clause applies to—

                                      2. product certification scheme rules; and
                                        1. MCM scheme rules.

                                          1. The rules must be—

                                          2. made available on the Ministry’s Internet site (see subclause (3)); and
                                            1. notified in the Gazette together with a statement that the rules are available on the Ministry’s Internet site.

                                              1. The chief executive must ensure that the following are publicly available on the Ministry’s Internet site:

                                              2. all product certification scheme rules and MCM scheme rules (including amendments) as they are made; and
                                                1. a consolidated version of each of the product certification scheme rules and MCM scheme rules as in force from time to time.

                                                  1. The rules are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                  Notes
                                                  • Schedule 1AA clause 8: inserted, on , by section 98(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

                                                  4Provisions relating to Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021

                                                  9Meanings of building product and building method

                                                  1. An existing reference to a building method or product (as defined in section 20, as in force before the commencement date) is to be read as a reference to a building product (as defined in section 9A) or a building method (as defined in section 9B), as the case requires.

                                                  2. Subclause (1) applies unless the context otherwise requires.

                                                  3. In this clause,—

                                                    commencement date means the date on which section 7 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 comes into force

                                                      existing reference means a reference in regulations or any document made under, or in connection with, this Act that was made before the commencement date.

                                                      Notes
                                                      • Schedule 1AA clause 9: inserted, on , by section 98(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

                                                      10Current PCBs have 6 months to become registered

                                                      1. On and after the commencement date, a current PCB is taken to be a registered PCB.

                                                      2. If, immediately before the commencement date, the current PCB’s accreditation was suspended, their registration is taken to also be suspended (as if it had been suspended under section 267C(2) when the accreditation was suspended).

                                                      3. However, subclause (1) ceases to apply to a person on the earlier of the following:

                                                      4. the person’s registration under section 267A:
                                                        1. the expiry of 6 months from the commencement date:
                                                          1. the revocation of the registration under section 267E.

                                                            1. The chief executive must update the register kept under section 273(1)(d) to show the effect of this clause.

                                                            2. In this clause,—

                                                              commencement date means the date on which section 66 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 comes into force

                                                                current PCB means a person who was an accredited product certification body immediately before the commencement date (even if the accreditation was suspended).

                                                                Notes
                                                                • Schedule 1AA clause 10: inserted, on , by section 98(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

                                                                11Current product certificates become registered

                                                                1. On the commencement date, a current certificate becomes a registered product certificate as if it had been registered under section 272A.

                                                                2. If, immediately before the commencement date, the current certificate was suspended, the registration is taken to also be suspended (as if it had been suspended under section 272B(2) when the certificate was suspended).

                                                                3. The chief executive must update the register kept under section 273(1)(e) to show the effect of this clause.

                                                                4. In this clause,—

                                                                  commencement date means the date on which section 67 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 comes into force

                                                                    current certificate means a product certificate that was in force immediately before the commencement date (even if it was suspended).

                                                                    Notes
                                                                    • Schedule 1AA clause 11: inserted, on , by section 98(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

                                                                    12Product certificates for building designs or building design methods

                                                                    1. If a continued certificate relates to a building design, the certificate provisions apply as if the references in them to a building method included references to a building design.

                                                                    2. If a continued certificate relates to a building design method, the certificate provisions apply as if the references in them—

                                                                    3. to a building method included references to a building design method; and
                                                                      1. to the building method complying with the criteria for certification under section 269(1) were references to plans and specifications prepared in accordance with the building design method complying with those criteria.

                                                                        1. In this clause,—

                                                                          certificate provisions means the provisions of this Act relating to product certificates, any regulations relating to product certificates, and any product certification scheme rules made under section 272E(3) to supplement those regulations

                                                                            continued certificate means a current certificate that becomes a registered product certificate under clause 11.

                                                                            Notes
                                                                            • Schedule 1AA clause 12: inserted, on , by section 98(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

                                                                            13Time limit for filing charging document

                                                                            1. Section 378, as in force before the commencement of section 91 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021, continues to apply in relation to offences committed before that commencement.

                                                                            Notes
                                                                            • Schedule 1AA clause 13: inserted, on , by section 98(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).