Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Building Act 2004.
Section Sch1 — Exempt building work
Schedule 1 Exempt building work s 41(1)(b) A building consent is not required for the following building work: (a) any lawful repair and maintenance using comparable materials, or replacement with a…
Section 2 — Commencement
2 Commencement (1) The following provisions come into force on 30 November 2004: (a) section 1 : (b) Part 1 (except sections 12 to 14 ): (c) sections 131 and 132 : (d) subpart 1 of Part 3: (e) Part 4…
Section Sch2 — Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies
Schedule 2 Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies s 118(2) The buildings in respect of which the requirement for the…
Section 3 — Purpose
3 Purpose 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…
Section Sch3-1 — Method of appointment
1 Method of appointment (1) The Governor-General appoints a member by sending written notice to the member (with a copy to the Board). (2) The notice of appointment must— (a) state the date on which…
Section Sch3-10 — Position where vacancy in membership
10 Position where vacancy in membership (1) If a member, for any reason, ceases to hold office as a member, the Governor-General may appoint another person to act as a member. (2) A member who is…
Section Sch3-11 — Effect of vacancy in membership
11 Effect of vacancy in membership The powers and functions of the Board are not affected by any vacancy in its membership.
Section Sch3-12 — Accountability for duties
12 Accountability for duties (1) The duties of members of the Board under this Schedule are duties owed to the Minister, and do not provide any ground of action for any other person. (2) If the Board…
Section Sch3-13 — Duties of members
13 Duties of members A member, when acting as a member, must act— (a) in good faith; and (b) with reasonable care, diligence, and skill; and (c) with honesty and integrity; and (d) in accordance with…
Section Sch3-14 — Collective duties of Board
14 Collective duties of Board The Board must—— (a) not contravene this Act; and (b) act in a manner consistent with the objectives and functions of the Board; and (c) perform its functions…
Section Sch3-15 — Meaning of interested
15 Meaning of interested (1) A member is interested in a matter relating to the Board if, and only if, the member— (a) is a party to, or will or may derive a material financial benefit from, the…
Section Sch3-16 — Obligation to disclose interest
16 Obligation to disclose interest A member who is interested in a matter relating to the Board must disclose the nature of the interest in accordance with clause 17 as soon as practicable after the…
Section Sch3-17 — Method of disclosure of interest
17 Method of disclosure of interest (1) If clause 16 applies, the member must disclose the details listed in subclause (2) in an interests register and to— (a) the chairperson or, if there is no…
Section Sch3-18 — Consequences of interest
18 Consequences of interest A member who is interested in a matter relating to the Board— (a) must not vote or take part in any deliberation or decision of the Board relating to the matter; and (b)…
Section Sch3-19 — Confidentiality of information
19 Confidentiality of information (1) A member who has information in his or her capacity as a member that would not otherwise be available to him or her must not disclose that information to any…
Section Sch3-2 — Qualifications of members
2 Qualifications of members (1) A natural person who is not disqualified by this clause may be a member. (2) The following persons are disqualified from being a member: (a) a person who is an…
Section Sch3-20 — Liability of Board and others
20 Liability of Board and others No member of the Board is liable for any act or omission done, in good faith, in the performance or intended performance and exercise of the functions and powers of…
Section Sch3-21 — Members' remuneration and allowances
21 Members' remuneration and allowances (1) The Board is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951 . (2) There may be paid, out of public money to the members…
Section Sch3-22 — Appointment
22 Appointment (1) The Minister may appoint one of the members as the chairperson, and another member as the deputy chairperson, of the Board by written notice to the member (with a copy to the…
Section Sch3-23 — Term of appointment
23 Term of appointment The chairperson and the deputy chairperson each holds that office from the date stated in the notice of appointment until he or she— (a) resigns from that office; or (b) is…
Section Sch3-24 — Resignation
24 Resignation (1) A chairperson or deputy chairperson may, without resigning as a member, resign from that office by written notice to the Minister (with a copy to the Board). (2) The notice of…
Section Sch3-25 — Removal
25 Removal (1) The Minister may remove a chairperson or deputy chairperson from that office by written notice to the person (with a copy to the Board). (2) The notice of removal must state the date…
Section Sch3-26 — Performance and exercise of chairperson's functions, duties, and powers during vacancy
26 Performance and exercise of chairperson's functions, duties, and powers during vacancy If there is no chairperson or, for any reason, the chairperson is unable to perform and exercise his or her…
Section Sch3-27 — Procedure generally
27 Procedure generally Except as otherwise provided in this Act, the members may regulate their own procedure.
Section Sch3-28 — Notice of meetings
28 Notice of meetings (1) The Board or the chairperson must appoint the dates, times, and places for meetings of the Board, and give notice of those meetings to each member not present when the…
Section Sch3-29 — Methods of holding meetings
29 Methods of holding meetings A meeting of the Board may be held— (a) by a quorum of the members being assembled together at the date, time, and place appointed for the meeting; or (b) by means of…
Section Sch3-3 — Term of appointment
3 Term of appointment (1) A member holds office for 5 years or any shorter period stated in the notice of appointment. (2) A member may be reappointed. (3) A member continues in office despite the…
Section Sch3-30 — Quorum
30 Quorum (1) A quorum for a meeting of the Board is— (a) half the number of members (if the board has an even number of members) or a majority of the members (if the Board has an odd number of…
Section Sch3-31 — Presiding at meetings
31 Presiding at meetings (1) At a meeting of the Board, the following person presides: (a) if there is a chairperson and he or she is present, the chairperson; or (b) if there is no chairperson or he…
Section Sch3-32 — Voting at meetings
32 Voting at meetings (1) Each member has 1 vote. (2) A resolution of the Board is passed if it is agreed to by all members present without dissent or if a majority of the votes cast on it are in…
Section Sch3-33 — Unanimous written resolutions
33 Unanimous written resolutions (1) A resolution signed or assented to in writing (whether sent by post, delivery, or electronic communication) by all members is as valid and effectual as if it had…
Section Sch3-4 — Validity of members' acts
4 Validity of members' acts The acts of a person as a member are valid even if— (a) the person's appointment was defective; or (b) the person is not qualified to be a member.
Section Sch3-5 — Position where concurrent office
5 Position where concurrent office A member may hold that office concurrently with any other office.
Section Sch3-6 — Resignation
6 Resignation (1) A member may resign from office by written notice to the Minister (with a copy to the Board) that is signed by the member. (2) The resignation is effective on receipt of the notice…
Section Sch3-7 — Removal from office
7 Removal from office (1) The Governor-General may, on the advice of the Minister given after consultation with the Attorney-General, remove a member from office by written notice to the member (with…
Section Sch3-8 — No compensation for ceasing to hold office
8 No compensation for ceasing to hold office A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing for any reason to hold office as a member.
Section Sch3-9 — Members ceasing to hold office
9 Members ceasing to hold office A member ceases to hold office if he or she— (a) resigns in accordance with clause 6 ; or (b) is removed from office in accordance with clause 7 or any other…
Section 4 — Principles to be applied in performing functions or duties, or exercising powers, under this Act
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…
Section Sch4-“ 104 — Chief executive responsible for Building Act 2004 may grant exemptions
“ 104 Chief executive responsible for Building Act 2004 may grant exemptions “ (1) The chief executive of the department of State responsible for the administration of the Building Act 2004 may, in…
Section Sch4-“ 31 — Chief executive responsible for Building Act 2004 may grant exemptions
“ 31 Chief executive responsible for Building Act 2004 may grant exemptions “ (1) The chief executive of the department of State responsible for the administration of the Building Act 2004 may, in…
Section Sch4-“ 13B — Fencing in accordance with Schedule must be treated as means of compliance
“ 13B Fencing in accordance with Schedule must be treated as means of compliance Any provision that is made for the fencing of swimming pools that is in accordance with the Schedule must, in respect…
Section 5 — 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…
Section 6 — Act binds the Crown
6 Act binds the Crown (1) 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…
Section 7 — Interpretation
7 Interpretation 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…
Section 8 — Building: what it means and includes
8 Building: what it means and includes (1) In this Act, unless the context otherwise requires, building— (a) means a temporary or permanent movable or immovable structure (including a structure…
Section 9 — Building: what it does not include
9 Building: what it does not include In this Act, building does not include— (a) a NUO system, or part of a NUO system, that— (i) is external to the building; and (ii) is connected to, or is intended…
Section 10 — Meaning of allotment
10 Meaning of allotment (1) In this Act, unless the context otherwise requires, allotment means a parcel of land— (a) that is a continuous area of land; and (b) whose boundaries are shown on a survey…
Section 11 — Role of chief executive
11 Role of chief executive Under this Act, the chief executive— (a) issues compliance documents and reviews those documents; and (b) warns against, or bans the use of, particular building methods or…
Section 12 — Role of building consent authority and territorial authority
12 Role of building consent authority and territorial authority (1) Under this Act, a building consent authority— (a) issues building consents, but not if a building consent is required to be subject…