Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 62 — Territorial authority may recover unpaid levies from applicant for building consent
62 Territorial authority may recover unpaid levies from applicant for building consent (1) The consequence specified in subsection (2) applies if an applicant for a building consent fails to pay a…
Section 63 — Chief executive may obtain information in order to assess amount of levy payable
63 Chief executive may obtain information in order to assess amount of levy payable (1) The chief executive may require any or all of the persons referred to in subsection (2) to provide any…
Section 64 — Audit of issue of building consents for purpose of ascertaining payment of levy
64 Audit of issue of building consents for purpose of ascertaining payment of levy (1) A territorial authority must, at all times, keep in safe custody all records of building consents granted within…
Section 65 — Chief executive may enter into agreements for auditing certain information
65 Chief executive may enter into agreements for auditing certain information (1) The chief executive may enter into an agreement with any person for the purpose of enabling the person to act as…
Section 66 — Chief executive must review levy
66 Chief executive must review levy As soon as practicable after the expiry of 3 years beginning on the commencement of this section, and then at intervals of not more than 3 years, the chief…
Section 67 — Territorial authority may grant building consent subject to waivers or modifications of building code
67 Territorial authority may grant building consent subject to waivers or modifications of building code (1) A building consent authority that is a territorial authority may grant an application for…
Section 68 — Territorial authority must notify chief executive if waiver or modification granted
68 Territorial authority must notify chief executive if waiver or modification granted If a territorial authority grants a building consent subject to a waiver or modification of the building code,…
Section 69 — Waiver or modification may only be granted by chief executive in certain cases
69 Waiver or modification may only be granted by chief executive in certain cases (1) This section applies to a waiver or modification of the building code that relates to— (a) an existing building…
Section 70 — Applications relating to energy work
70 Applications relating to energy work (1) This section applies if any part of an application for a building consent— (a) relates to energy work; and (b) involves the grant or refusal of a waiver or…
Section 71 — Building on land subject to natural hazards
71 Building on land subject to natural hazards (1) A building consent authority must refuse to grant a building consent for construction of a building, or major alterations to a building, if— (a) the…
Section 72 — Building consent for building on land subject to natural hazards must be granted in certain cases
72 Building consent for building on land subject to natural hazards must be granted in certain cases Despite section 71 , a building consent authority that is a territorial authority must grant a…
Section 73 — Conditions on building consents granted under section 72
73 Conditions on building consents granted under section 72 (1) A building consent authority that is a territorial authority that grants a building consent under section 72 must include, as a…
Section 74 — Steps after notification
74 Steps after notification (1) On receiving a notification under section 73 ,— (a) the Surveyor-General or the Registrar of the Maori Land Court, as the case may be, must enter in his or her records…
Section 75 — Construction of building on 2 or more allotments
75 Construction of building on 2 or more allotments (1) This section applies if— (a) an application for a project information memorandum relates to the construction of a building on land that is…
Section 76 — Exemption from section 75
76 Exemption from section 75 (1) Section 75 does not apply if— (a) the owner proposes to construct a building with party walls that will be on the boundaries of the allotments referred to in that…
Section 77 — Building consent must not be granted until condition is imposed under section 75
77 Building consent must not be granted until condition is imposed under section 75 (1) A building consent authority must not grant a building consent for building work to which section 75 applies…
Section 78 — Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77
78 Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77 (1) If a certificate referred to in section 77(1) is lodged with the…
Section 79 — Effect of entry recorded on certificate of title
79 Effect of entry recorded on certificate of title If an entry referred to in section 78(1) is recorded on the certificates of title for the specified allotments, none of those allotments may be…
Section 80 — Certificates of title for 2 or more allotments subject to registered instrument
80 Certificates of title for 2 or more allotments subject to registered instrument (1) This section applies if— (a) an entry referred to in section 78(1) is made on 2 or more certificates of title;…
Section 81 — Mortgage, charge, or lien has priority over registered instrument
81 Mortgage, charge, or lien has priority over registered instrument (1) This section applies if— (a) the registered instrument referred to in section 80(2) is a mortgage, charge, or lien; and (b)…
Section 82 — Registrar-General of Land may require preparation of plan
82 Registrar-General of Land may require preparation of plan (1) If a certificate referred to in section 77 is lodged with the Registrar-General of Land, but the Registrar-General is satisfied that…
Section 83 — Owner may apply for entry to be removed
83 Owner may apply for entry to be removed (1) This section applies if— (a) the requirements of sections 75 to 81 or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any…
Section 84 — Licensed building practitioner must carry out or supervise restricted building work
84 Licensed building practitioner must carry out or supervise restricted building work All restricted building work must be carried out or supervised by a licensed building practitioner who is…
Section 85 — Offences relating to carrying out or supervising restricted building work
85 Offences relating to carrying out or supervising restricted building work (1) A person who is not a licensed building practitioner commits an offence if he or she carries out restricted building…
Section 86 — Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
86 Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner (1) A person commits an offence if the person— (a) engages…
Section 87 — Owner must notify names of licensed building practitioners engaged in restricted building work
87 Owner must notify names of licensed building practitioners engaged in restricted building work (1) Before restricted building work commences under a building consent, the owner must give the…
Section 88 — Licensed building practitioner to certify or provide memorandum about restricted building work
88 Licensed building practitioner to certify or provide memorandum about restricted building work (1) Each licensed building practitioner who carries out or supervises restricted building work under…
Section 89 — Licensed building practitioner must notify building consent authority of breaches of building consent
89 Licensed building practitioner must notify building consent authority of breaches of building consent (1) A licensed building practitioner must, if he or she is of the view that any building work…
Section 90 — Inspections by building consent authorities
90 Inspections by building consent authorities (1) Every building consent is subject to the condition that agents authorised by the building consent authority for the purposes of this section are…
Section 91 — Building consent authority that grants building consent to issue code compliance certificate
91 Building consent authority that grants building consent to issue code compliance certificate (1) A building consent authority that granted the building consent for building work to which a code…
Section 92 — Application for code compliance certificate
92 Application for code compliance certificate (1) An owner must apply to a building consent authority for a code compliance certificate after all building work to be carried out under a building…
Section 93 — Time in which building consent authority must decide whether to issue code compliance certificate
93 Time in which building consent authority must decide whether to issue code compliance certificate (1) A building consent authority must decide whether to issue a code compliance certificate for…
Section 94 — Matters for consideration by building consent authority in deciding issue of code compliance certificate
94 Matters for consideration by building consent authority in deciding issue of code compliance certificate (1) A building consent authority must issue a code compliance certificate if it is…
Section 95 — Issue of code compliance certificate
95 Issue of code compliance certificate A code compliance certificate must be issued— (a) by a building consent authority; and (b) in the prescribed form; and (c) on payment of any charge fixed by…
Section 95A — Refusal to issue code compliance certificate
95A Refusal to issue code compliance certificate If a building consent authority refuses to issue a code compliance certificate, the building consent authority must give the applicant written notice…
Section 96 — Territorial authority may issue certificate of acceptance in certain circumstances
96 Territorial authority may issue certificate of acceptance in certain circumstances (1) A territorial authority may, on application, issue a certificate of acceptance for building work already…
Section 97 — How to apply for certificate of acceptance
97 How to apply for certificate of acceptance An application for a certificate of acceptance must— (a) be in the prescribed form; and (b) if available, be accompanied by plans and specifications that…
Section 98 — Processing application for certificate of acceptance
98 Processing application for certificate of acceptance (1) A territorial authority must, within 20 working days after receiving an application for a certificate of acceptance,— (a) grant the…
Section 99 — Issue of certificate of acceptance
99 Issue of certificate of acceptance (1) A certificate of acceptance must— (a) be issued in the prescribed form; and (b) have attached to it,— (i) if a compliance schedule is required as a result of…
Section 99A — Refusal of application for certificate of acceptance
99A Refusal of application for certificate of acceptance If a territorial authority refuses to grant an application for a certificate of acceptance, the territorial authority must give the applicant…
Section 100 — Requirement for compliance schedule
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…
Section 101 — Owner must comply with requirement for compliance schedule
101 Owner must comply with requirement for compliance schedule (1) An owner of a building for which a compliance schedule is required under section 100 must obtain the compliance schedule. (2) A…
Section 102 — Compliance schedule must be issued with code compliance certificate in certain cases
102 Compliance schedule must be issued with code compliance certificate in certain cases (1) A building consent authority must issue a compliance schedule with a code compliance certificate if the…
Section 103 — Content of compliance schedule
103 Content of compliance schedule (1) A compliance schedule must state— (a) the specified systems that are covered by the compliance schedule; and (b) the performance standards for the specified…
Section 104 — Building consent authority must notify territorial authority of issue of compliance schedule
104 Building consent authority must notify territorial authority of issue of compliance schedule If a building consent authority issues a compliance schedule under section 102 , the building consent…
Section 104A — Territorial authority must issue statement in relation to compliance schedule
104A Territorial authority must issue statement in relation to compliance schedule A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days…
Section 105 — Obligations of owner if compliance schedule is issued
105 Obligations of owner if compliance schedule is issued An owner of a building for which a compliance schedule has been issued must ensure— (a) that each of the specified systems stated in the…
Section 106 — Application by owner for amendment to compliance schedule
106 Application by owner for amendment to compliance schedule (1) An owner of a building that has 1 or more specified systems may, at any time and entirely at the owner's discretion, apply to the…
Section 107 — Territorial authority may amend compliance schedule on own initiative
107 Territorial authority may amend compliance schedule on own initiative (1) This section applies if a territorial authority considers that an amendment to a compliance schedule is required to…
Section 108 — Annual building warrant of fitness
108 Annual building warrant of fitness (1) An owner of a building for which a compliance schedule has been issued must supply to the territorial authority a building warrant of fitness in accordance…