Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025
Version updated on 9 May 2025 to make editorial changes to section 2.
Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025
Public Act |
2025 No 19 |
|
Date of assent |
7 April 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025.
2 Commencement
(1)
This Act comes into force on 8 April 2025.
(2)
However, the following sections come into force on a date or dates set by Order in Council:
(a)
(b)
(c)
(d)
(e)
(f)
section 14 (to the extent that it inserts section 390(1)(ce) and (cf) into the Building Act 2004):
| Provisions commenced by Order in Council | ||||
| Provisions | Commencement date | Order in Council | ||
| Section 5(2); section 6; section 10(2); section 12; section 13; section 14 (to the extent that it inserts section 390(1)(ce) and (cf) into the Building Act 2004); section 15(3) and (4) | 8 August 2025 | Clause 2(2) of the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025 Commencement Order 2025 | ||
| This note is not part of the Act. | ||||
(3)
Any part of this Act that has not come into force before 7 April 2027 comes into force then.
(4)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 2(1): editorial change made by the PCO, on 9 May 2025, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
Section 2(3): editorial change made by the PCO, on 9 May 2025, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
3 Principal Act
This Act amends the Building Act 2004.
Part 1 Amendments to Parts 1 and 2 of principal Act
4 Section 7 amended (Interpretation)
In section 7(1), insert in their appropriate alphabetical order:
building product specifications means building product specifications issued under section 25B
NZ Standards Organisation has the same meaning as in section 4(1) of the Standards and Accreditation Act 2015
overseas standards organisation means an international, national, or regional organisation with functions similar to the NZ Standards Organisation
standards certification organisation means an organisation that administers or operates under a standards certification scheme
standards certification scheme means a scheme under which a building product is assessed against a standard
5 Section 11 amended (Role of chief executive)
(1)
After section 11(a), insert:
(aa)
issues building product specifications and ensures that the matters required to be published and kept available under section 25C are published and kept available; and
(2)
After section 11(kb), insert:
(kba)
issues notices under section 272HA; and
(kbb)
provides advice to the Minister on decisions to be made under section 272HB; and
(kbc)
ensures that the matters required to be published and kept available under section 272HC are published and kept available; and
Amendments relating to compliance with building code
6 Section 19 amended (How compliance with building code is established)
(1)
After section 19(1)(da), insert:
(db)
any recognition by the chief executive under section 272HA of any building products or building methods, or group of building products or building methods, that are certified under an overseas product certification scheme (if every relevant limitation and condition of the recognition is complied with):
(2)
After section 19(2)(b), insert:
(c)
may have regard to any recognition by the Minister under section 272HB of any—
(i)
groups of standards issued by an overseas standards organisation; or
(ii)
standards certification schemes that a standards certification organisation that is based in New Zealand or overseas administers or operates under.
7 Section 25 amended (Content of acceptable solution or verification method)
(1)
After section 25(2), insert:
(2A)
An acceptable solution or a verification method may refer to building product specifications.
(2)
In section 25(3), replace “Material”
with “Other material”
.
8 New sections 25B and 25C inserted
After section 25A, insert:
25B Building product specifications for use in complying with acceptable solutions or verification methods
(1)
The chief executive may, by notice, issue building product specifications that may be referred to in an acceptable solution or a verification method.
(2)
Building product specifications may include specifications for building products in relation to any of the following:
(a)
manufacture:
(b)
fabrication:
(c)
testing:
(d)
quality control:
(e)
physical properties:
(f)
performance:
(g)
installation:
(h)
maintenance.
(3)
The chief executive may, by notice, amend or revoke building product specifications at any time.
(4)
Sections 29, 30, and 409 do not apply if any amendments need to be made to an acceptable solution or a verification method—
(a)
to refer to building product specifications; or
(b)
because of the amendment or revocation of building product specifications.
25C Public notification and availability
(1)
The chief executive must ensure that, promptly after making a notice under section 25B(1) or (3), notice of its making is published in the Gazette.
(2)
The notice in the Gazette must include the following information:
(a)
a statement that a notice was made under section 25B(1) or (3) (as applicable) by the chief executive:
(b)
the title of the notice made under section 25B(1) or (3):
(c)
the date on which the notice under section 25B(1) or (3) was made:
(d)
the Ministry’s Internet site where the notice made under section 25B(1) or (3), and the related building product specifications, are published.
(3)
The chief executive must also ensure that—
(a)
each notice made under section 25B(1) or (3) is publicly available on the Ministry’s Internet site; and
(b)
promptly after the building product specifications are issued by notice under section 25B(1), those specifications are made publicly available on the Ministry’s Internet site; and
(c)
even after the building product specifications have been amended or revoked by notice under section 25B(3), a digital copy of them in their original form continues to be publicly available on the Ministry’s Internet site; and
(d)
promptly after the building product specifications are amended by notice under section 25B(3), each of the following is made publicly available on the Ministry’s Internet site:
(i)
a digital copy of the amendment:
(ii)
a digital copy of the building product specifications in their up-to-date form.
Part 2 Amendments to other provisions of principal Act
Amendments relating to functions, duties, and powers of chief executive generally
9 Section 169 amended (Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister)
Replace section 169(1)(a) with:
(a)
the building code, acceptable solutions, verification methods, and building product specifications:
10 Section 171 amended (Chief executive may seek advice from building advisory panel)
(1)
Replace section 171(1)(a)(i) with:
(i)
the building code, acceptable solutions, verification methods, and building product specifications:
(2)
After section 171(1)(a), insert:
(aa)
decisions to be made under section 272HA or 272HB:
(ab)
recognitions under section 272HA or 272HB:
11 Section 175 amended (Chief executive may publish guidance information)
In section 175(1), after “the guidance of— ”
, insert:
(aaa)
each person living or incorporated in New Zealand who—
(i)
is the manufacturer or importer of a building product; or
(ii)
sells a building product by wholesale or otherwise distributes the building product by wholesale; and
Amendments relating to product certification
12 Section 262 amended (Requirements for product certification accreditation body)
Repeal section 262(2) and (3).
13 New sections 272HA to 272HC and cross-headings inserted
After section 272H, insert:
Recognition of building products or building methods certified under overseas product certification scheme
272HA Recognition of building products or building methods certified under overseas product certification scheme
(1)
The chief executive may, by notice, recognise 1 or more, or 1 or more groups of, building products or building methods that are certified under an overseas product certification scheme.
(2)
Subsection (1) applies only if the chief executive is satisfied that—
(a)
the building products or building methods meet any criteria prescribed for the purposes of this paragraph; and
(b)
the overseas product certification scheme meets any criteria prescribed for the purposes of this paragraph.
(3)
A person who uses building products or building methods that are (or are in a group that is) recognised under subsection (1) must, for the purposes of this Act, be treated as having complied with all provisions of the building code that are relevant to the intended use.
(4)
Subsection (3) applies only to the extent that the person complies with any limitations or conditions of the recognition that are set out in the notice.
(5)
A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Recognition of standards issued by overseas standards organisations, and standards certification schemes
272HB Recognition of overseas standards and of standards certification schemes
(1)
The Minister may, by notice, recognise, in whole or in part, any—
(a)
groups of standards issued by an overseas standards organisation; or
(b)
standards certification schemes that a standards certification organisation that is based in New Zealand or overseas administers or operates under.
(2)
Subsection (1)(a) applies only if the Minister is satisfied that—
(a)
the groups of standards or the part concerned meet any criteria prescribed for the purposes of this paragraph; and
(b)
the overseas standards organisation meets any criteria prescribed for the purposes of this paragraph.
(3)
Subsection (1)(b) applies only if the Minister is satisfied that—
(a)
the standards certification schemes or the part concerned meet any criteria prescribed for the purposes of this paragraph; and
(b)
the standards certification organisation meets any criteria prescribed for the purposes of this paragraph.
(4)
The Minister may at any time, by notice, amend or revoke a notice of recognition made under subsection (1).
272HC Public notification and availability
(1)
The chief executive must ensure that, promptly after a notice is made under section 272HB(1) or (4), notice of its making is published in the Gazette.
(2)
The notice must include the following information:
(a)
a statement that a notice was made under section 272HB(1) or (4) (as applicable) by the Minister:
(b)
the title of the notice made under section 272HB(1) or (4):
(c)
the date on which the notice under section 272HB(1) or (4) was made:
(d)
the Ministry’s Internet site where the notice made under section 272HB(1) or (4), and the related notice of recognition, are published.
(3)
The chief executive must also ensure that,—
(a)
promptly after a notice of recognition is made under section 272HB(1), that notice is made publicly available on the Ministry’s Internet site; and
(b)
even after a notice of recognition is amended or revoked, a digital copy of it in its original form continues to be publicly available on the Ministry’s Internet site; and
(c)
promptly after a notice of recognition is amended, each of the following is publicly available on the Ministry’s Internet site:
(i)
a digital copy of the amendment:
(ii)
a digital copy of the notice of recognition in its up-to-date form.
Amendments relating to civil proceedings and offences
14 Section 390 amended (Civil proceedings may not be brought against chief executive, employees, etc)
After section 390(1)(cc), insert:
(cd)
any person engaged by the chief executive to assist the chief executive in relation to decisions to be made under section 22(1) or 25B; and
(ce)
any person engaged by the chief executive to assist the chief executive in relation to decisions to be made under section 272HA; and
(cf)
any person engaged to assist the chief executive to provide advice to the Minister in relation to decisions to be made under section 272HB; and
15 Section 392 amended (Building consent authority not liable)
(1)
In section 392(1), after “following documents”
, insert “or matters”
.
(2)
After section 392(1)(a), insert:
(aa)
any building product specifications:
(3)
After section 392(1)(d), insert:
(da)
a recognition by the chief executive under section 272HA:
(4)
After section 392(4), insert:
(5)
No civil proceedings may be brought against a building consent authority for anything done or omitted to be done in good faith in reliance on a claim made by a manufacturer, importer, retailer, or wholesaler given under Part 4B that the relevant building product has been—
(a)
manufactured in accordance with a standard, or performs or will perform in accordance with a standard, that the Minister has recognised under section 272HB; and
(b)
certified as meeting the standard referred to in paragraph (a) under a standards certification scheme that the Minister has recognised under section 272HB.
Amendment relating to regulation-making powers
16 Section 402 amended (Regulations: general)
After section 402(1)(u), insert:
(uaa)
prescribing the criteria—
(i)
to be applied by the chief executive under section 272HA(2); or
(ii)
to be applied by the Minister under section 272HB(2) or (3):
Amendment relating to incorporation of material by reference
17 Section 405 amended (Incorporation of material by reference into certain instruments, solutions, and methods)
After section 405(4)(b), insert:
(ba)
any building product specifications; and
Legislative history
5 September 2024 |
Introduction (Bill 76–1) |
|
26 September 2024 |
First reading and referral to Transport and Infrastructure Committee |
|
18 March 2025 |
Reported from Transport and Infrastructure Committee |
|
(Bill 76–2) |
||
27 March 2025 |
Second reading |
|
1 April 2025 |
Committee of the whole House |
|
2 April 2025 |
Third reading |
|
7 April 2025 |
Royal assent |
This Act is administered by the Ministry of Business, Innovation, and Employment.