Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 396 — Application of sections 397 to 399
396 Application of sections 397 to 399 (1) Sections 397 to 399 apply— (a) to a contract entered into, on or after the commencement of this Act, that provides for— (i) building work to be carried out…
Section 397 — Implied warranties for building work in relation to household units
397 Implied warranties for building work in relation to household units Despite any enactment or rule of law, in every contract to which this section applies, the following warranties about building…
Section 398 — Proceedings for breach of warranties may be taken by person who was not party to contract for building work
398 Proceedings for breach of warranties may be taken by person who was not party to contract for building work (1) An owner of the building or land in respect of which building work was carried out…
Section 399 — Person may not give away benefit of warranties
399 Person may not give away benefit of warranties A provision of an agreement or instrument that purports to restrict or remove the right of a person to take proceedings for a breach of any of the…
Section 400 — Regulations: building code
400 Regulations: building code (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations, to be called the building code, that prescribe— (a)…
Section 401 — Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
401 Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code (1) The Governor-General may, by Order in Council made on the…
Section 402 — Regulations: general
402 Regulations: general (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: Building levy: (a)…
Section 403 — Consultation requirements for making regulations
403 Consultation requirements for making regulations (1) This section applies to— (a) an Order in Council proposed to be made under section 285 ; or (b) regulations proposed to be made under section…
Section 404 — Certain regulations must not come into force earlier than specified date
404 Certain regulations must not come into force earlier than specified date Any regulations made under section 402(1)(n) must not come into force earlier than the date on which sections 45(1)(e) and…
Section 405 — Incorporation of material by reference into regulations, certain Orders in Council, and compliance document
405 Incorporation of material by reference into regulations, certain Orders in Council, and compliance document (1) The following material may be incorporated by reference into any instrument: (a)…
Section 406 — Effect of amendments to, or replacement of, material incorporated by reference
406 Effect of amendments to, or replacement of, material incorporated by reference An amendment to, or replacement of, material incorporated by reference in an instrument has legal effect as part of…
Section 407 — Proof of material incorporated by reference
407 Proof of material incorporated by reference (1) A copy of material incorporated by reference in an instrument, including any amendment to, or replacement of, the material (material), must be— (a)…
Section 408 — Effect of expiry of material incorporated by reference
408 Effect of expiry of material incorporated by reference Material incorporated by reference in an instrument that expires or that is revoked or that ceases to have effect ceases to have legal…
Section 409 — Requirement to consult
409 Requirement to consult (1) This section applies if— (a) the Minister proposes to make a recommendation for— (i) regulations to be made under this Act that incorporate material by reference; or…
Section 410 — Access to material incorporated by reference
410 Access to material incorporated by reference (1) The chief executive— (a) must make the material referred to in subsection (2) ( material ) available for inspection during working hours free of…
Section 411 — Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference
411 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference…
Section 412 — Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
412 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference (1) Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated…
Section 413 — Application of Standards Act 1988 not affected
413 Application of Standards Act 1988 not affected Sections 405 to 412 do not affect the application of sections 22 to 25 of the Standards Act 1988 .
Section 414 — Amendments to other enactments
414 Amendments to other enactments The enactments specified in Schedule 4 are amended in the manner indicated in that schedule.
Section 415 — Repeal
415 Repeal (1) The Building Act 1991 is repealed. (2) Despite the repeal of the Building Act 1991 by subsection (1) ,— (a) the Building Regulations 1992 (SR 1992/150) continue in force as if they had…
Section 416 — Outline of transitional provisions
416 Outline of transitional provisions (1) The general scheme and effect of the transitional provisions is as follows: (a) on 30 November 2004,— (i) the Authority is dissolved; and (ii) the…
Section 417 — No compensation for loss of office
417 No compensation for loss of office The Crown is not liable to make a payment to, or otherwise compensate, any person in respect of the person ceasing to hold any office established by or under…
Section 418 — Authority dissolved
418 Authority dissolved The Authority is dissolved.
Section 419 — Assets and liabilities vest in Crown
419 Assets and liabilities vest in Crown All rights, assets, liabilities, and debts that the Authority had immediately before the commencement of this section must be treated as the rights, assets,…
Section 420 — Protection from civil liability for members, building referees, and employees of Authority continued
420 Protection from civil liability for members, building referees, and employees of Authority continued (1) Despite the repeal of the former Act and the dissolution of the Authority, no civil…
Section 421 — Restriction of compensation for technical redundancy
421 Restriction of compensation for technical redundancy (1) An employee of the Authority is not entitled to receive any payment or other benefit on the ground that his or her position in the…
Section 422 — Reappointment of employee of Authority to Ministry
422 Reappointment of employee of Authority to Ministry Sections 60 to 61B and 65 of the State Sector Act 1988 do not apply to the appointment of an employee of the Authority to a position in the…
Section 423 — Final reports and accounts
423 Final reports and accounts (1) As soon as is practicable after the commencement of this Part, the Authority must arrange for the final report of the Authority to be delivered to the Minister. (2)…
Section 424 — References to Authority
424 References to Authority (1) Unless the context otherwise requires, every reference to the Authority in any enactment, agreement, deed, instrument, application, notice, or other document in force…
Section 425 — Proceedings of Authority
425 Proceedings of Authority Any proceedings to which the Authority is, or becomes, a party (whether before or after the commencement of this section) may be commenced, continued, completed, and…
Section 426 — Validation of levy
426 Validation of levy All money received by the Authority from levies imposed under Part 3A of the former Act must be taken to be and always to have been lawfully imposed and collected.
Section 427 — Validation of past expenditure of levy
427 Validation of past expenditure of levy Despite section 23K(3) of the former Act, all applications made before the commencement of this section of levies imposed under Part 3A of the former Act…
Section 428 — Validation of accumulation of levy
428 Validation of accumulation of levy (1) Despite the provisions of Part 3A of the former Act, the matters referred to in subsection (2) are validated and must be taken to be and always to have been…
Section 429 — Transitional provision for matters of doubt or dispute relating to building control under former Act
429 Transitional provision for matters of doubt or dispute relating to building control under former Act (1) This section applies to an application for a determination under section 17 of the former…
Section 430 — Transitional provision for building levy under former Act
430 Transitional provision for building levy under former Act If, before the commencement of this section, a person is liable to pay a levy under Part 3A of the former Act and the levy remains unpaid…
Section 431 — Transitional provision for rate of building levy under this Act
431 Transitional provision for rate of building levy under this Act (1) Despite section 53(2)(a)(ii) , the building levy must, during the period specified in subsection (2) , be calculated at the…
Section 432 — Transitional provision for certain applications
432 Transitional provision for certain applications (1) This section applies if, before the commencement of this section,— (a) an application for a project information memorandum is made under…
Section 433 — Transitional provision for building consents granted under former Act
433 Transitional provision for building consents granted under former Act (1) A building consent that was granted under section 34 of the former Act before the commencement of this section must, on…
Section 434 — Transitional provision for certain entries on certificates of title made under former Act
434 Transitional provision for certain entries on certificates of title made under former Act (1) This section applies to any of the following entries that is made before the commencement of this…
Section 435 — Transitional provision for notices issued under former Act
435 Transitional provision for notices issued under former Act (1) This section applies to any of the following notices issued before the commencement of this section: (a) a notice to rectify under…
Section 436 — Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
436 Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act (1) This section applies to building work carried…
Section 437 — Transitional provision for issue of certificate of acceptance
437 Transitional provision for issue of certificate of acceptance (1) This section applies if— (a) an owner, or the owner's predecessor in title (whether an immediate predecessor in title or…
Section 438 — Transitional provision for code compliance certificates and compliance schedules issued under former Act
438 Transitional provision for code compliance certificates and compliance schedules issued under former Act (1) On the commencement of this section,— (a) a code compliance certificate issued under…
Section 439 — Transitional provision for document used in establishing compliance with building code
439 Transitional provision for document used in establishing compliance with building code (1) This section applies if, before the commencement of this section,— (a) a document for use in…
Section 440 — Transitional provision for applications for approval as building certifier under former Act
440 Transitional provision for applications for approval as building certifier under former Act (1) An application for approval as a building certifier that has been made under section 51 of the…
Section 441 — Transitional provision for applications for continuation or renewal of approval as building certifier under former Act
441 Transitional provision for applications for continuation or renewal of approval as building certifier under former Act (1) An application for the continuation or renewal of an approval as a…
Section 442 — Meaning of approved building certifier
442 Meaning of approved building certifier In sections 443 to 446 , approved building certifier means a person— (a) who, immediately before the commencement of this section, held a current approval…
Section 443 — Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority
443 Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority Every approved building certifier has until 31 May 2006 to apply to be registered as a…
Section 444 — What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006
444 What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006 (1) An approved building certifier who applies to be registered as building…
Section 445 — What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006
445 What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006 (1) If an approved building certifier does not apply to be registered as a…