The purpose of this Act is to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings, to ensure that—
(a)
people who use buildings can do so safely and without endangering their health; and
(b)
buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
(c)
people who use a building can escape from the building if it is on fire; and
(d)
buildings are designed, constructed, and able to be used in ways that promote sustainable development.
Compare: 1991 No 150 s 6(1)
4-
Principles to be applied in performing functions or duties, or exercising powers, under this Act
(1)
This section applies to—
(a)
the Minister; and
(b)
the chief executive; and
(c)
a territorial authority or regional authority (but only to the extent that the territorial authority or regional authority is performing functions or duties, or exercising powers, in relation to the grant of waivers or modifications of the building code and the adoption and review of policy on dangerous, earthquake-prone, and insanitary buildings or, as the case may be, dangerous dams).
(2)
In achieving the purpose of this Act, a person to whom this section applies must take into account the following principles that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act:
(a)
when dealing with any matter relating to 1 or more household units,—
(i)
the role that household units play in the lives of the people who use them, and the importance of—
(A)
the building code as it relates to household units; and
(B)
the need to ensure that household units comply with the building code:
(ii)
the need to ensure that maintenance requirements of household units are reasonable:
(iii)
the desirability of ensuring that owners of household units are aware of the maintenance requirements of their household units:
(b)
the need to ensure that any harmful effect on human health resulting from the use of particular building methods or products or of a particular building design, or from building work, is prevented or minimised:
(c)
the importance of ensuring that each building is durable for its intended use:
(d)
the importance of recognising any special traditional and cultural aspects of the intended use of a building:
(e)
the costs of a building (including maintenance) over the whole of its life:
(f)
the importance of standards of building design and construction in achieving compliance with the building code:
(g)
the importance of allowing for continuing innovation in methods of building design and construction:
(h)
the reasonable expectations of a person who is authorised by law to enter a building to undertake rescue operations or firefighting to be protected from injury or illness when doing so:
(i)
the need to provide protection to limit the extent and effects of the spread of fire, particularly with regard to—
(i)
household units (whether on the same land or on other property); and
(ii)
other property:
(j)
the need to provide for the protection of other property from physical damage resulting from the construction, use, and demolition of a building:
(k)
the need to provide, both to and within buildings to which section 118 applies, facilities that ensure that reasonable and adequate provision is made for persons with disabilities to enter and carry out normal activities and processes in a building:
(l)
the need to facilitate the preservation of buildings of significant cultural, historical, or heritage value:
(m)
the need to facilitate the efficient use of energy and energy conservation and the use of renewable sources of energy in buildings:
(n)
the need to facilitate the efficient and sustainable use in buildings of—
(i)
materials (including materials that promote or support human health); and
(ii)
material conservation:
(o)
the need to facilitate the efficient use of water and water conservation in buildings:
(p)
the need to facilitate the reduction in the generation of waste during the construction process.
Compare: 1991 No 150 s 6(2)
Section 4(2)(k): amended, on 15 March 2008, by section 5 of the Building Amendment Act 2008 (2008 No 4).
Overview
5-
Overview
(1)
This Act replaces the Building Act 1991.
(2)
In this Act,—
(a)
this Part deals with preliminary matters, including—
(i)
the purpose of this Act:
(ii)
interpretation:
(iii)
the application of this Act to the Crown:
(b)
Part 2 and Schedules 1 and 2 deal with matters relating to the building code and building control, including—
(i)
the requirements relating to building work (for example, the requirement for a building consent):
(ii)
the requirements relating to the use of buildings (for example, the requirement for a compliance schedule or the provisions relating to access to buildings by persons with disabilities):
(iii)
provisions for certain categories of buildings (including dangerous, earthquake-prone, or insanitary buildings):
(iv)
provisions for the safety of dams:
(c)
Part 3—
(i)
sets out the main functions, duties, and powers of the chief executive, territorial authorities, building consent authorities, and regional authorities under this Act:
(ii)
empowers the chief executive to register building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3:
(iii)
provides for the appointment of a building consent accreditation body and the accreditation of building consent authorities:
(iv)
provides for the appointment of a dam owner accreditation body and the accreditation of dam owners:
(v)
provides for the appointment of a product certification accreditation body and the accreditation of product certification bodies:
(vi)
sets out a process for the certification of building methods or products:
(d)
Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the establishment of the Building Practitioners Board, and the making of rules relating to licensed building practitioners:
(e)
Part 5 and Schedule 4 deal with miscellaneous matters that underpin the substantive provisions of this Act, including—
(i)
offences and criminal proceedings:
(ii)
implied terms of contracts that provide for building work to be carried out in relation to household units:
(iii)
regulation-making powers:
(iv)
amendments to other enactments and the repeal of the Building Act 1991:
(v)
transitional provisions.
(3)
This section is intended only as a guide to the general scheme and effect of this Act.
Section 5(2)(c)(ii): amended, on 14 April 2005, by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).
This Act binds the Crown except as provided in subsections (2) to (4).
(2)
This Act does not apply to a Crown building or Crown building work if the Minister of Defence certifies in writing that the building or building work is necessary for reasons of national security.
(3)
An instrument of the Crown may be prosecuted for an offence against this Act only if—
(a)
it is a Crown organisation; and
(b)
the offence is alleged to have been committed by the Crown organisation; and
(c)
the proceedings are commenced—
(i)
against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
(ii)
in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(4)
The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided for in subsection (3).
In this Act, unless the context otherwise requires,—
acceptable solution means a solution that must be accepted as complying with the building code
accredited dam owner means an owner of a dam who is accredited under section 258
allotment has the meaning given to it by section 10
alter, in relation to a building, includes to rebuild, re-erect, repair, enlarge, and extend the building
appurtenant structure, in relation to a dam, means a structure that is integral to the proper functioning of the dam
Authority means the Building Industry Authority established under section 10(1) of the former Act
Board has the meaning given to it by section 282
building has the meaning given to it by sections 8 and 9
building code means the regulations made under section 400
building consent means a consent to carry out building work granted by a building consent authority under section 49
building consent accreditation body means the person referred to in section 248(2)
building consent authority means a person whose name is entered in the register referred to in section 273(1)(a)
building levy means a levy payable under section 53
building method or product has the meaning given to it by section 20
building work—
(a)
means work—
(i)
for, or in connection with, the construction, alteration, demolition, or removal of a building; and
(ii)
on an allotment that is likely to affect the extent to which an existing building on that allotment complies with the building code; and
(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
cable car—
(a)
means a vehicle—
(i)
that carries people or goods on or along an inclined plane or a suspended cable; and
(ii)
that operates wholly or partly outside of a building; and
(iii)
the traction for which is supplied by a cable or any other means; but
(b)
does not include a lift that carries people or goods between the floors of a building
certificate of acceptance means a certificate issued under section 96
chief executive means the chief executive of the Ministry
code compliance certificate means a certificate issued by a building consent authority under section 95
compliance document has the meaning given to it by section 22
compliance schedule means a compliance schedule required under section 100
consideration, in relation to estimated value, has the meaning given to it in section 2(1) of the Goods and Service Tax Act 1985
construct, in relation to a building, includes to design, build, erect, prefabricate, and relocate the building
Crown organisation has the meaning given to it by section 4 of the Crown Organisations (Criminal Liability) Act 2002
dam—
(a)
means an artificial barrier, and its appurtenant structures, that—
(i)
is constructed to hold back water or other fluid under constant pressure so as to form a reservoir; and
(ii)
is used for the storage, control, or diversion of water or other fluid; and
(iii)
[Repealed]
(b)
includes—
(i)
a flood control dam; and
(ii)
a natural feature that has been significantly modified to function as a dam; and
(iii)
a canal; but
(c)
does not include a stopbank designed to control floodwaters
dam owner accreditation body means the person referred to in section 256
dam safety assurance programme means a dam safety assurance programme prepared by an owner of a dam under section 140
determination means a determination made by the chief executive under subpart 1 of Part 3
employee includes,—
(a)
in relation to a Crown organisation, the chief executive or principal officer (however described) of that organisation; and
(b)
in relation to the New Zealand Defence Force, a member of the Armed Forces (as that term is defined in section 2(1) of the Defence Act 1990)
energy work means—
(a)
gasfitting; or
(b)
prescribed electrical work
energy work certificate means a certificate of the kind referred to in section 19(1)(e)
enforcement officer means an officer of a territorial authority who is authorised, under section 229, to issue infringement notices under section 372
estimated value, in relation to building work, means the estimated aggregate of the consideration, determined in accordance with section 10 of the Goods and Services Tax Act 1985, of all goods and services to be supplied for the building work
falsework, in relation to building work or the maintenance of a building,—
(a)
means any temporary structure or framework used to support materials, equipment, or an assembly; and
(b)
includes steel tubes, adjustable steel props, proprietary frames, or other means used to support a permanent structure until it becomes self-supporting; but
(c)
does not include scaffolding or cranes used for support
fire hazard means the danger of potential harm and degree of exposure arising from—
(a)
the start and spread of fire; and
(b)
the smoke and gases that are generated by the start and spread of fire
former Act means the Building Act 1991
functional requirements, in relation to a building, means those functions that the building is required to perform for the purposes of this Act
gasfitting has the meaning given to it by section 2 of the Plumbers, Gasfitters, and Drainlayers Act 1976
household unit—
(a)
means a building or group of buildings, or part of a building or group of buildings, that is—
(i)
used, or intended to be used, only or mainly for residential purposes; and
(ii)
occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household; but
(b)
does not include a hostel, boardinghouse, or other specialised accommodation
intended use, in relation to a building,—
(a)
includes any or all of the following:
(i)
any reasonably foreseeable occasional use that is not incompatible with the intended use:
(ii)
normal maintenance:
(iii)
activities undertaken in response to fire or any other reasonably foreseeable emergency; but
(b)
does not include any other maintenance and repairs or rebuilding
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
licensed building practitioner means a building practitioner whose name is, for the time being, entered in the register established and maintained under section 298(1)
means of escape from fire, in relation to a building that has a floor area,—
(a)
means continuous unobstructed routes of travel from any part of the floor area of that building to a place of safety; and
(b)
includes all active and passive protection features required to warn people of fire and to assist in protecting people from the effects of fire in the course of their escape from the fire
