• “(b) includes sitework; and

• “(c) 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

• “(d) in Part 4, and the definition in this section of supervise, also includes design work (relating to building work) of a kind declared by the Governor-General by Order in Council to be building work for the purposes of Part 4”.

“restricted building work—

• “(a) means building work that—

  • “(i) requires a building consent; and

  • “(ii) relates to an element of a building that is critical to the integrity of the building and the health and safety of its occupants; and

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

• “(b) includes building work on—

  • “(i) the building envelope of a building; or

  • “(ii) the structural support of a building; and

• “(c) 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”.

“territorial authority means a city council or district council named in Part 2 of Schedule 2 of the Local Government Act 2002; and—

• “(a) in relation to land within the district of a territorial authority, or a building on or proposed to be built on any such land, means that territorial authority; and

• “(b) in relation to any part of a coastal marine area (within the meaning of the Resource Management Act 1991) that is not within the district of a territorial authority, or a building on or proposed to be built on any such part, means the territorial authority whose district is adjacent to that part”.

• “(c) is not—

  • “(i) the territorial authority for the district, or another territorial authority to which a function, duty, or power is transferred under section 233; or

  • “(ii) the regional authority for the region, or another regional authority to which a function, duty, or power is transferred under section 244”.

• “(c) includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and

• “(d) includes the non-moving parts of a cable car attached to or servicing a building; and

• “(e) after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.”

“14 Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams

• “(1) The regional authority is responsible for performing functions under this Act relating to a building that is a dam.

  “(2) If a building includes a dam,—

  • “(a) the regional authority is responsible for performing functions under this Act relating to the dam; and

  • “(b) the building consent authority and territorial authority are responsible for performing functions under this Act relating to the parts of the building that are not a dam.

  “(3) For the purposes of subsection (1),—

  • “(a) sections 31 to 39 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority; and

  • “(b) sections 40 to 116, 220 to 232, and 276 to 281 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority were a reference to a regional authority.

  “(4) For the purposes of subsection (2), sections 31 to 116, 220 to 232, and 276 to 281 apply (with all necessary modifications) as if every reference in them to a building consent authority or territorial authority included a reference to a regional authority.

  “(5) The building consent authority and territorial authority must do everything reasonably practicable to liaise with the regional authority in performing functions or duties, or exercising powers, in relation to a building that includes a dam.”

“25A Compliance documents to be available on Ministry's website

• “(1) The chief executive must ensure that—

  • “(a) promptly after a new compliance document is issued, a digital copy is publicly available on the Ministry's website:

  • “(b) even after a compliance document has been amended or revoked, a digital copy of it in its original form continues to be publicly available on the website:

  • “(c) promptly after a compliance document is amended, there are publicly available on the Ministry's website—

    • “(i) a digital copy of the amendment; and

    • “(ii) a digital copy of the document in its up-to-date form.

  “(2) The digital copy in its original form of a compliance document that has been amended—

  • “(a) must indicate that it has been amended; and

  • “(b) must give references, or provide links, to digital copies of all amendments; and

  • “(c) must give a reference, or provide a link, to the digital copy of the document in its up-to-date form.

  “(3) The digital copy in its original form of a compliance document that has been revoked—

  • “(a) must indicate that it has been revoked; and

  • “(b) must state when it was revoked; and

  • “(c) if it has been replaced by another compliance document, must give a reference, or provide a link, to a digital copy of the replacement document in its up-to-date form.

  “(4) The digital copies must be available free of charge.”

• “(1) An applicant for a building consent is liable to pay to the chief executive a levy for, or in connection with, the performance of the chief executive's functions under this Act if the building consent is granted.”

• “(3) The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code relating to access and facilities for people with disabilities.”

• “(1) A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building work while not supervised by a licensed building practitioner whose licence authorises the practitioner to carry out or supervise the carrying out of restricted building work of that kind.

• “(1A) A licensed building practitioner commits an offence if he or she—

  • “(a) carries out restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of; or

  • “(b) supervises the carrying out of restricted building work of a kind that his or her licence does not authorise him or her to carry out or supervise the carrying out of.”

• “(1) A territorial authority may, on application, issue a certificate of acceptance for building work already done—

  • “(a) if—

    • “(i) the work was done by the owner or any predecessor in title of the owner; and

    • “(ii) a building consent was required for the work but not obtained; or

  • “(b) if section 42 (which relates to building work that had to be carried out urgently) applies; or

  • “(c) if subsections (3) and (4) of section 91 (which apply if a building consent authority that is not a territorial authority or a regional authority is unable or refuses to issue a code compliance certificate in relation to building work for which it granted a building consent) apply; or

  • “(d) if—

    • “(i) the work affects premises to which section 362A applies; and

    • “(ii) a building consent for the work was obtained before 31 March 2005; and

    • “(iii) the territorial authority is unable or refuses to issue a code compliance certificate for the work; and

    • “(iv) the application for the certificate of acceptance was made before 31 March 2010.”

“100 Requirement for compliance schedule

• “(1) A building not used wholly as a single household unit—

  • “(a) requires a compliance schedule if—

    • “(i) it has a specified system; or

    • “(ii) it has a cable car attached to it or servicing it; and

  • “(b) requires the schedule for all specified systems it has and any cable car it has attached to it or servicing it.

  “(2) A building used wholly as a single household unit—

  • “(a) requires a compliance schedule only if it has a cable car attached to it or servicing it; and

  • “(b) requires the schedule only for the cable car.

  “(3) Before 31 March 2008,—

  • “(a) a building not used wholly as a single household unit—

    • “(i) requires a compliance schedule only if it has a specified system other than a cable car; and

    • “(ii) does not require a compliance schedule for any cable car attached to it or servicing it; and

  • “(b) a building used wholly as a single household unit does not require a compliance schedule.”

• “(i) comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters:

  • “(A) means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:

  • “(B) access and facilities for people with disabilities (if this is a requirement under section 118); and”

“116 Code compliance requirements: extension of life

• “(1) The owner of a building with a specified intended life must not extend its life without the written consent of the territorial authority.

  “(2) This subsection applies to a building with a specified intended life if—

  • “(a) under section 113(2), a building consent for its building or alteration was issued subject to the condition that it must be altered on or before the end of the specified intended life; or

  • “(b) under section 39(1) of the Building Act 1991, a building consent for its building or alteration was issued subject to the condition that it shall be altered on or before the end of the specified intended life.

  “(3) The territorial authority must not give its consent to the extension of the life of a building to which subsection (2) applies unless satisfied, on reasonable grounds, that the building—

  • “(a) has been altered in accordance with the condition; and

  • “(b) complies with section 112.

“116A Code compliance requirements: subdivision

• A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless satisfied, on reasonable grounds, that the building—

  • “(a) will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to one or more of the following matters:

    • “(i) means of escape from fire:

    • “(ii) access and facilities for persons with disabilities (if this is a requirement under section 118):

    • “(iii) protection of other property; and

  • “(b) will continue to comply with the other provisions of the building code to at least the same extent as it did before the application for a subdivision was made.

“116B Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire

• “(1) No person may—

  • “(a) use a building, or knowingly permit another person to use a building, for a use for which the building is not safe or not sanitary; or

  • “(b) use a building, or knowingly permit another person to use a building, that has inadequate means of escape from fire.

  “(2) A person who fails to comply with subsection (1) commits an offence.

  “(3) A person who commits an offence under this section is liable to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.”

“165 Form and content of notice to fix

• “(1) The following provisions apply to a notice to fix:

  • “(a) it must be in the prescribed form:

  • “(b) it must state a reasonable timeframe within which it must be complied with:

  • “(c) if it relates to building work that is being or has been carried out without a building consent, it may require the making of an application for a certificate of acceptance for the work:

  • “(d) if it requires building work to be carried out, it may require the making of an application for a building consent, or for an amendment to an existing building consent, for the work:

  • “(e) if it requires building work to be carried out, it must require the territorial authority, the regional authority, or both to be contacted when the work is completed:

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

  “(2) Nothing in subsection (1) limits or affects the generality of section 164.”

“191 Chief executive may enter person's name in register of building consent authorities

• The chief executive may, on the application of a person made in accordance with section 194, enter the person's name in the register of building consent authorities kept under section 273(1)(a).”

• “(2) Subsection (1)—

  • “(a) is subject to the regional authority's power under section 244 to transfer any of its functions under this Act to another regional authority; and

  • “(b) does not apply to any function it transfers to another regional authority.”

• “(1) A regional authority—

  • “(a) may impose a fee or charge—

    • “(i) for issuing a project information memorandum under section 34; or

    • “(ii) for performing any other function or service under this Act; and

  • “(b) may recover its costs from the owner if it carries out building work under section 156; and

  • “(c) must collect the levy an applicant is liable to pay to the chief executive under section 53.”

• “(c) to help the Board to receive and investigate complaints under sections 315 and 316; and

• “(d) to provide other administrative support for the Board sufficient to enable the Board to perform its functions efficiently and effectively; and

• “(e) to perform any other function conferred on the Registrar by this Act or any other enactment.”

“362A Premises in respect of which duty arises under section 363

• “(1) This section applies to premises that—

  • “(a) are intended to be open to members of the public or are being used by members of the public; and

  • “(b) comprise all or part of a building.

  “(2) For the purposes of subsection (1), premises may be intended to be open to members of the public—

  • “(a) whether or not members of the public are charged for their use (or, as the case may be, whether or not it is intended that members of the public are to be charged for their use); and

  • “(b) whether or not members of the public will, regularly or from time to time, be excluded from them.

“363 Protecting safety of members of public using premises open to public or intended for public use

• “(1) A person who owns, occupies, or controls premises to which section 362A applies must not use, or permit the use of, any part of the premises that is affected by building work—

  • “(a) if—

    • “(i) a building consent is required for the work; but

    • “(ii) no building consent has been granted for it; or

  • “(b) if a building consent has been granted for the work, but—

    • “(i) no code compliance certificate has been issued for the work; and

    • “(ii) no certificate for public use has been issued under section 363A for the part; or

  • “(c) if a building consent has been granted for the work, and a certificate for public use has been issued under section 363A for the part, but—

    • “(i) no code compliance certificate has been issued for the work; and

    • “(ii) the certificate for public use has been issued for the part subject to conditions that have not been complied with.

  “(2) For the purposes of subsection (1), a part of premises may be affected by building work—

  • “(a) whether or not the work has been completed; and

  • “(b) whether the work is being or has been done to or in, or involves or involved the building of,—

    • “(i) the part itself; or

    • “(ii) some other part of the building that the premises comprise or form part of.

  “(3) A person who fails to comply with subsection (1) commits an offence.

  “(4) A person who commits an offence under this section is liable to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

“363A Public use of premises may be allowed before issue of code compliance certificate in some circumstances

• “(1) A person who owns, occupies, or controls premises to which section 362A applies may apply in the prescribed form to the territorial authority for a certificate for public use for the premises or a part of the premises if—

  • “(a) a building consent has been granted for building work affecting the premises or part; and

  • “(b) no code compliance certificate has been issued for the work.

  “(2) The territorial authority may issue a certificate for public use for the premises or part if, and only if, satisfied on reasonable grounds that members of the public can use the premises or part (as the case may be) safely.

  “(3) A certificate for public use—

  • “(a) must be in the prescribed form; and

  • “(b) may be issued subject to conditions.

  “(4) The territorial authority must decide whether to issue the certificate—

  • “(a) within 20 working days after the authority receives an application for it; or

  • “(b) within any further period agreed between the applicant and the authority.

  “(5) Within the period stated in subsection (4), the territorial authority may require the applicant to give it further reasonable information in respect of the application; and if it does so, the period is suspended until it receives the information.

  “(6) Nothing in this section relieves the owner of a building from the obligation imposed by section 92(1) to apply to a building consent authority for a code compliance certificate after all building work to be carried out under a building consent granted to the owner is completed.

“363B Application of section 363 to building work where consent granted, or work begun, before 31 March 2005

• “(1) This section applies to building work if it affects premises to which section 362A applies, and—

  • “(a) a building consent was granted for it before 31 March 2005; or

  • “(b) it began before 31 March 2005.

  “(2) Before 31 March 2010, section 363(1) does not apply to building work to which this section applies.

  “(3) On and after 31 March 2010, section 363(1) does not apply to building work to which this section applies if a certificate of acceptance has been issued for it under section 96(1) before 31 March 2010.

“363C Section 363 does not apply to building work commenced before commencement of Building Act 1991

• “(1) Section 363(1) does not apply to building work commenced before 1 July 1992.

  “(2) Subsection (1) applies whether the work was completed before, on, or after 1 July 1992.”

• “(iiia) issue or refuse to issue a certificate for public use under section 363A; or”.

• “(4) Subsection (1) does not apply if the contract for the sale and purchase of the household unit was entered into before 30 November 2004.”

• “(2A) Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the chief executive—

  • “(a) may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and

  • “(b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and details of where or how it can be accessed or obtained.”

• “(1) The chief executive—

  • “(a) must make the material referred to in subsection (2) (material) available for inspection during working hours free of charge at the Ministry's office in Wellington; and

  • “(b) must make copies of the material available for purchase at a reasonable price at all of the Ministry's offices; and

  • “(c) must make so much of the material as relates to the following matters available for inspection during working hours, free of charge, at all of the Ministry's offices:

    • “(i) the use of timber, concrete, concrete masonry, glass, and plaster coating in the construction of buildings; and

    • “(ii) the design of buildings using timber, concrete, concrete masonry, and steel; and

    • “(iii) plumbing installation; and

    • “(iv) access for persons with disabilities; and

    • “(v) energy efficiency in buildings; and

  • “(d) may make copies of the material available in any other way that the chief executive considers appropriate in the circumstances (for example, on an Internet website); and

  • “(e) must give notice in the Gazette stating that—

    • “(i) the material is incorporated in an instrument and the date on which the instrument was made; and

    • “(ii) the material is available for inspection during working hours, free of charge, at the Ministry's office in Wellington and the location of that office; and

    • “(iii) copies of the material can be purchased at all of the Ministry's offices and the location of those offices; and

    • “(iv) the material referred to in paragraph (c) is available for inspection during working hours, free of charge, at all of the Ministry's offices and the location of those offices; and

    • “(v) if copies of the material are made available under paragraph (d), the material is available in other ways and details of where or how it can be accessed or obtained.

• “(1A) Subsection (1)(c) does not apply to any material that relates only to product standards or product testing standards.”

• “(2) Before 30 November 2009,—

  • “(a) the reference in sections 103(1)(c) and 108(7) to licensed building practitioners, in relation to a territorial authority, includes a reference to independently qualified people accepted by the authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule:

  • “(b) the references in sections 108(3)(c), 108(3)(d), 108(7), 109, and 110(a) to a licensed building practitioner, in relation to a territorial authority, include references to an independently qualified person accepted by the authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule.

• “(3) A person who immediately before the commencement of this section was accepted by a territorial authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule continues to be accepted until the authority withdraws its acceptance.

• “(4) Before 30 November 2009, a territorial authority—

  • “(a) may accept any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule:

  • “(b) may withdraw its acceptance of any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule (whether the acceptance occurred before or after the commencement of this section).

• “(5) If not earlier withdrawn, a territorial authority's acceptance of a person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule expires on 30 November 2009.”