• “(ii) for the purposes of sections 32, 44, 92, 96, and 97, any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, and who is bound by the agreement because the agreement is still in force”.

“restricted building work—

• “(a) means building work that is—

  • “(i) critical to the integrity of a building, for example, its envelope and structure; and

  • “(ii) of a kind declared by the Governor-General by Order in Council to be building work that must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise that work; and that Order in Council may relate, without limitation, to certain types or categories of buildings, or parts of buildings specified in the Order in Council; and

• “(b) includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and

• “(c) does not include any building work for which, in accordance with section 41, a building consent is not required”.

“consideration, in relation to estimated value, has the meaning given to it in section 2(1) of the Goods and Service Tax Act 1985

“large dam means a dam that retains 3 or more metres depth, and holds 20 000 or more cubic metres volume, of water or other fluid

“prescribed fee includes a fee calculated in accordance with a rate or method prescribed for this purpose in regulations made under this Act”.

• “(ab) a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or”.

• “(i) if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—

  • “(i) section 118 (relating to access and facilities for persons with disabilities to and within buildings); and

  • “(ii) the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.”

• “(2) If an application for a building consent relates to design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act, any plans and specifications referred to in subsection (1) that accompany the application must—

  • “(a) be prepared by, or under the supervision of, 1 or more licensed building practitioners; and

  • “(b) be the subject of a memorandum—

    • “(i) prepared by 1 or more licensed building practitioners who carried out or supervised the restricted building work; and

    • “(ii) that identifies that work; and

    • “(iii) that is provided with the plans and specifications.”

• “(1) Each licensed building practitioner who carries out or supervises restricted building work under a building consent must, on completion of the restricted building work,—

  • “(a) provide the persons specified in subsection (2) with a memorandum, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised; and

  • “(b) if applicable, give to the persons specified in subsection (2) a certificate, in the prescribed form, stating that any specified systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the building consent.”

• “(2A) If applicable, the owner must include with the application any memoranda provided by licensed building practitioners under section 88(1)(a).”

“95A Refusal to issue code compliance certificate

• If a building consent authority refuses to issue a code compliance certificate, the building consent authority must give the applicant written notice of—

  • “(a) the refusal; and

  • “(b) the reasons for the refusal.”

“99A Refusal of application for certificate of acceptance

• If a territorial authority refuses to grant an application for a certificate of acceptance, the territorial authority must give the applicant written notice of—

  • “(a) the refusal; and

  • “(b) the reasons for the refusal.”

“104A Territorial authority must issue statement in relation to compliance schedule

• A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days after receiving the compliance schedule, provide the owner of the building for which the compliance schedule was issued with the statement in relation to the compliance schedule described in section 105(e).”

• “(aa) fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or”.

“Dams to which provisions of this subpart apply

“133A Dams to which subpart 7 provisions apply

• “(1) Sections 157 to 159 apply to all dams.

  “(2) The other provisions in this subpart apply only to large dams.”

• “(2) The owner must also review the dam safety assurance programme—

  • “(a) if, at any time,—

    • “(i) building work that requires a building consent is carried out on the dam; and

    • “(ii) the building work results, or could result, in a change to the potential impact of the dam on persons, property, or the environment; or

  • “(b) when requested by the regional authority to do so, if the dam is an earthquake-prone dam or a flood-prone dam.”

“150A Annual dam compliance certificate requirements not to apply to accredited dam owner

• Section 150 does not apply to an accredited dam owner.”

• “(b) is likely to fail—

  • “(i) in the ordinary course of events; or

  • “(ii) in a moderate earthquake (as defined in the regulations); or

  • “(iii) in a moderate flood (as defined in the regulations).”

“153A Meaning of earthquake-prone dam and flood-prone dam

• “(1) A dam is an earthquake-prone dam for the purposes of this Act if the dam—

  • “(a) is a high potential impact dam or a medium potential impact dam; and

  • “(b) is likely to fail in an earthquake threshold event (as defined in the regulations).

  “(2) A dam is a flood-prone dam for the purposes of this Act if the dam—

  • “(a) is a high potential impact dam or a medium potential impact dam; and

  • “(b) is likely to fail in a flood threshold event (as defined in the regulations).”

• “(f) if it relates to building work, it may direct that the site be made safe immediately and that all or any building work cease immediately (except any building work necessary to make the site safe) until the responsible authority is satisfied that the person carrying out the work is able and willing to resume operations in compliance with this Act and the regulations.”

• “(iia) grant or refuse an exemption from building consent requirements under paragraph (k) of Schedule 1; or”.

• “(iva) memoranda provided by licensed building practitioners under section 45(2) or 88(1)(a):”.

“Audit fees

“249A Fees for audits

• A building consent accreditation body may charge an accredited building consent authority the prescribed fee (if any) for an audit conducted under section 249(a) by the building consent accreditation body on the building consent authority.”

“Audit fees

“257A Fees for audits

• A dam owner accreditation body may charge an accredited dam owner the prescribed fee (if any) for an audit conducted under section 257(a) by the dam owner accreditation body on the accredited dam owner.”

“Audit fees

“262A Fees for audits

• A product certification accreditation body may charge an accredited product certification body the prescribed fee (if any) for an audit conducted under section 262(1)(a) by the product certification accreditation body on the accredited product certification body.”

“266 Suspension or revocation of accreditation

• “(1) A product certification accreditation body or the chief executive may, at any time, suspend or revoke the accreditation under section 263 of a product certification body, if the product certification accreditation body or chief executive—

  • “(a) is satisfied that the product certification body no longer meets the prescribed criteria and standards for accreditation; and

  • “(b) has first given the product certification body concerned a reasonable opportunity to be heard.

  “(2) A product certification accreditation body that, or chief executive who, suspends the accreditation of a product certification body must—

  • “(a) give the product certification body a reasonable period to meet the criteria and standards prescribed for accreditation; and

  • “(b) lift the suspension if it or he or she is satisfied that the product certification body meets those standards and criteria within that period.

  “(3) A product certification accreditation body or the chief executive may revoke the accreditation of a product certification body at the expiry of the period given in subsection (2), if the product certification body has not met the criteria and standards prescribed for accreditation within that period.

  “(4) Despite subsections (1) and (3), the product certification accreditation body or the chief executive must not suspend or revoke the accreditation of a product certification body if—

  • “(a) the prescribed criteria and standards for accreditation are amended; and

  • “(b) the product certification body no longer meets those criteria and standards solely as a result of the amendments.

  “(5) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force.”

“271 Suspension or revocation of product certificate

• “(1) A product certification body that performed the certification of a building method or product, or the chief executive, may, at any time, suspend or revoke that product certificate if the product certification body or chief executive has first given the proprietor of the building method or product a reasonable opportunity to be heard, and the product certification body or chief executive is satisfied that—

  • “(a) the certificate has been obtained by fraud, misrepresentation, or concealment of facts; or

  • “(b) the building method or product no longer meets the prescribed criteria and standards for certification (whether this becomes apparent as a result of an annual review of a product certificate under section 270 or otherwise); or

  • “(c) any certification, or similar authorisation issued or granted in respect of that building method or product, has been revoked or cancelled for any reason; or

  • “(d) the building code no longer applies to the building method or product because of an amendment to the code.

  “(2) A product certification body that, or chief executive who, suspends a product certificate must—

  • “(a) give the proprietor of the building method or product a reasonable period to rectify the matter that led to the suspension of the product certificate; and

  • “(b) lift the suspension if it or he or she is satisfied that the product certification body has rectified the matter within that period.

  “(3) A product certification body or the chief executive may revoke the product certificate at the expiry of the period given in subsection (2) if, within that period, the proprietor of the building method or product has not rectified the matter that led to the suspension of the product certificate.

  “(4) Despite subsections (1) and (3), the product certification body or the chief executive must not suspend or revoke a product certificate if—

  • “(a) the prescribed criteria and standards for certification are amended; and

  • “(b) the building method or product to which the certificate relates no longer meets those criteria and standards solely as a result of the amendments.

  “(5) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force.”

• “(e) inspection, maintenance, or reporting procedures stated in a compliance schedule”.

“Purposes of licensing

“282A Purposes of licensing building practitioners

• The purposes of licensing building practitioners under this Act are—

  • “(a) to assess and record building practitioners as having certain skills and knowledge relevant to building work; and

  • “(b) to license building practitioners so that, in regard to restricted building work, licensed building practitioners can carry it out or supervise it.”

“Licensing classes

“285 Licensing classes may be designated by regulations

• The Governor-General may, by Order in Council made on the recommendation of the Minister, designate a licensing class or classes for carrying out or supervising particular types of—

  • “(a) building work:

  • “(b) building inspection work.”

• “(a) license the applicant; and”.

“290 Term of being licensed

• Licensing continues in force until it is cancelled or suspended under this subpart.”

• “(3) A person who is treated as being licensed in a particular class or classes under subsection (2) may not apply under this Act to be licensed in another class that is substantially equivalent to the class of licensing in which he or she is treated as being licensed.

• “(4) The licensing provisions of this subpart do not apply to a person who is treated under this section and the rules as if he or she were licensed (for example, he or she need not apply to become licensed or pay any fees under this subpart).”

• “(c) a licensed building practitioner has carried out or supervised restricted building work or building inspection work of a type that he or she is not licensed to carry out or supervise; or”.

• “(da) a licensed building practitioner has failed, without good reason, in respect of a building consent that relates to restricted building work that he or she is to carry out or supervise, or has carried out or supervised, (as the case may be),—

  • “(i) to provide a memorandum, in accordance with section 45(2)(b), about any plans and specifications required to accompany the building consent application; or

  • “(ii) to provide the persons specified in section 88(2) with a memorandum, on completion of the restricted building work, in accordance with section 88(1); or

• “(db) a licensed building practitioner has held himself or herself out as being licensed to carry out or supervise building work or building inspection work of a type that, at that time, he or she was not licensed to carry out or supervise; or”.

• “(2) A person may appeal to a District Court against any decision of the Board—

  • “(a) made by it on an appeal brought under subsection (1); or

  • “(b) to take any action referred to in section 318.”

• “(na) designating a licensing class or classes for carrying out or supervising particular types of—

  • “(i) building work; or

  • “(ii) building inspection work:”.

• “(qa) defining earthquake threshold event for the purposes of section 153A:

• “(qb) defining flood threshold event for the purposes of section 153A:”.

• “(ta) prescribing the fees payable for an audit under section 249(a), 257(a), or 262(1)(a), or the rate at which, or method by which, those fees are to be calculated:”.

• “(w) prescribing—

  • “(i) the matters in respect of which fees are payable under this Act, and the amount of those fees; or

  • “(ii) the rate at which, or method by which, fees are to be calculated for the purposes of this Act:”.

• “(4) In this section and in sections 406 to 413, instrument means—

  • “(a) any regulations; and

  • “(b) any compliance document; and

  • “(c) any Order in Council made under section 41 or 285.”

• “(a) any lawful repair and maintenance using comparable materials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorporated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976, except—

  • “(i) complete or substantial replacement of a specified system; or

  • “(ii) complete or substantial replacement of any component or assembly contributing to the building’s structural behaviour or fire-safety properties; or

  • “(iii) repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or

  • “(iv) repair or replacement of any water storage heater connected to a solid-fuel heater or other supplementary heat exchanger, except for the repair, or replacement with a comparable heater, of any open-vented water storage heater using the same pipework:

• “(ab) the opening and reinstatement of any purpose-made access point within a drainage system that—

  • “(i) is not a NUO system or part of a NUO system; and

  • “(ii) is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976:”.

• “(b) the construction of any motorway sign, stopbank, culvert for carrying water under or in association with a road, or other similar structure that is a simple structure and is owned or controlled by a network utility operator or other similar organisation:”.

• “(da) the construction of any dam that is not a large dam:”.