Legislation, Standards and Guidance                                                                                                

This section provides external links where you can view copies of relevant New Zealand legislation and information on Acceptable Solutions & Standards. We recommend that you use the NZ legislation website in order to be sure that you are using the latest version of any legislation, especially the Building Act and the Building Regulations (Building Code).

Keep up to date with reviews, and current bills before Parliament

LEGISLATION - Acts, Amendments & Regulations, Gazette Notices and orders

Amusement Devices Regulations 1978  (SR 1978/294) (as at 18 December 2013)

Building Act 2004 (SR 2004/72) (Reprint as at 4 April 2016)

    • Schedule 1 exempts building work i.e. work that does not require a Building Consent. (Version 28 Nov 2013)
      Please see amendment re: carports (dated May 2016)
    • Building (Exempt Building Work) Order 2010 Amendment to Schedule 1 that extends exempt building work that does not need a Building Consent. This comes into force on 23 December 2010. This has now been replaced by the 28 November version of Schedule 1.
    • A Summary of the Changes to the Building Act since 2004 due to Building Amendment Act 2012 (Amendments to principal Act). 
    • Current guidance for Building work that does not require a building consent.

Building (Accreditation of Building Consent Authorities) Regulations 2006 (SR 2006/399) (Reprint as at 1 March 2014)

Building (Accreditation of Building Consent Authorities) Amendment Regulations 2013 (SR 2013/456) (as at 18 November 2013)

Building Amendment Act 2013 (SR 2013/100) - passed 27 November 2013 (Reprint as at 1 January 2015). Please be aware that mandatory contracts will be effective from January 2015. For more information refer to

Building Amendment Act 2012 (SR 2012/23) (Reprint as at 20 May 2014)

Building (Consent Authority Accreditation Fees) Regulations 2007 (SR 2007/102) (Reprint as at 4 May 2007)

Building (Definition of Restricted Building Work) Order 2011 (SR 2011/317) (Reprint as at 4 December 2014)

Building (Design Work Declared to be Building Work) Order 2007 (SR 2007/125) (Reprint as at 24 May 2007)

Building (Designation of Building Work Licensing Classes) Order 2010 (SR 2010/43)  (as at 1 March 2010)

Building (Earthquake-prone Buildings) Amendment Act 2016 (SR 2016/22) (as at 13 May 2016)

Building (Fee for Determinations) Regulations 2005 (SR 2005/55) (Reprint as at 11 March 2005)

Building (Forms) Regulations 2004 (SR 2004/385) (Reprint as at 30 March 2012)

Building (Forms) Amendment Regulations 2011 (SR 2011/418) (as at 14 November 2011)

Building (Infringement Offences, Fees and Forms) Regulations 2007 (SR 2007/403) (Reprint as at 8 June 2015)

Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2014  (2014/362) (1 December 2014)

Building Levy Order 2005 (SR 2005/33) (Reprint as at 25 February 2005)

Building (Minor Variations) Regulations 2009 (SR 2009/408) (as at 14 December 2009)

Building (National Multiple-use Approval) Regulations 2011 (SR 2011/139)  (as at 16 May 2011)

Building Practitioners (Complaints and Disciplinary Procedures) Regulations 2008 (SR 2008/304) (Reprint as at 3 July 2014)

Building Practitioners (Licensing Fees and Levy) Regulations 2010 (SR 2010/44) (as at 1 March 2010)

Building Practitioners (Register of Licensed Building Practitioners) Regulations 2010 (SR 2010/45) (as at 1 March 2010)

Building (Product Certification) Regulations 2008 (SR 2008/360) (Reprint as at 28 November 2013)

Building Regulations 1992 (SR 1992/150) (Reprint as at 10 April 2012)

Building (Registration of Building Consent Authorities) Regulations 2007 (SR 2007/300) (Reprint as at 27 September 2007)

Building (Residential Consumer Rights and Remedies) Regulations 2014 (SR 2014/361) (as at 1 December 2014).
MANDATORY CONTRACTS. Associated with this are the following legislation:

For further guidance to building consent amendments see the MBIE website. 

Building Societies Regulations 1989 (SR 1989/33) (Reprint as at 1 April 2014)

Building (Specified Systems, Change of Use, and Earthquake-prone Buildings) Regulations 2005 (SR 2005/32) (Reprint as at 12 January 2006)

Chartered Professional Engineers of New Zealand Act 2002 (SR 2002/17) (Reprint as at 1 December 2014)

Consulting on protection from fire 2014 - Changes to acceptable solutions and verification method for the protection from fire and backcountry huts

Construction Contracts Act 2002 (SR 2002/46) (Reprint as at 1 December 2015)

Construction Contracts Amendment Bill (SR 1997/3)

Consumer Guarantees Act 1993 (SR 1993/91) (Reprint as at 17 June 2014)

Contractual Remedies Act 1979 (SR 1979/11) (Reprint as at 1 January 2011)

Crimes Act 1961 (SR 1961/43) (Reprint as at 7 November 2015) - relevant to the Owner-Builder exemptions for Restricted Building Work

Earthquake Commission Act 1993 (SR 1993/84) (Reprint as at 1 July 2013)

Electricity Act 1992 (SR 1992/122) (Reprint as at 4 April 2016)

Fair Trading Act 1986 (SR 1986/121) (Reprint as at 1 March 2016)

Fencing Act 1978 (SR 1978/50) (Reprint as at 28 July 2014)

Fencing of Swimming Pools Act 1987 (SR 1987/178) (as at 28 November 2013) - Changes are to be made to the Fencing of Swimming Pool Act 1987. The Government will be introducing a Bill (Building (Pools) Amendment Bill (SR 2015/63) into Parliament to amend the Act. In the meantime, pool owners must continue to comply with the current requirements of the Act.

Fire Safety and Evacuation of the Buildings Regulations 2006 (SR 2006/123) (as at 1 July 2013)

Fire Service Act 1975 (SR 1975/42) (Reprint as at 5 August 2013)

Fire Service Commission - Gazette Notice 03 May 2012 - (Issue No. 49/1377) (as at 3 May 2012) Notice that copies of certain applications for Building Consent must be provided to the New Zealand Fire Service Commission

Hazardous Activities and Industries List (HAIL)

Hazardous Substances and New Organisms Act 1996 (SR 1996/30) (Reprint as at 5 September 2015)

Health and Safety at Work Act 2015 (SR 2015/70) (as at 4 September 2015) Health and Safety in Employment Act 1992: repealed, on 4 April 2016, by section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).

Health and Safety at Work (General Risk and Workplace Management) Regulation 2016 (SR 2016/13) (as at 15 February 2016)

Health (Drinking Water) Amendment Act 2007 (SR 2007/92) (Reprint as at 1 April 2008)

Heritage New Zealand Pouhere Taonga Act 2014 (SR 2014/26) (as at 19 May 2014)

Local Government Act 2002 (SR 2002/84) (Reprint as at 1 March 2016)

Local Government Official Information and Meetings Act 1987 (SR 1987/174) (Reprint as at 26 March 2015)

Oaths and Declarations Act  (SR 1957/88) (Reprint as at 1 July 2013) - relevant to the Owner-Builder exemptions for Restricted Building Work

Official Information Act 1982 (SR 1982/156) (Reprint as at 1 March 2016)

Plumbers, Gasfitters, and Drainlayers Act 2006 (SR 2006/74) (Reprint as at 4 April 2016)

Property Law Act 2007 (SR 2007/91) (Reprint as at 6 June 2015)
Part 6 on special power of the court deals with common problems between neighbours:

  • Subpart 1 - Accessing neighbouring land.
  • Subpart 2 - Wrongly placed structures.
  • Subpart 3 - Landlocked land.
  • Subpart 4 - Trees and unauthorised improvements on neighbouring land.
  • Subpart 5 - Division of property among co-owners.
  • Subpart 6 - Setting aside of dispositions that prejudice creditors

Registered Architects Act 2005 (SR 2005/38) (Reprint as at 1 April 2014)

Registered Architects Rules 2006 (SR 2006/161) (Reprint as at 12 March 2010)

Residential guidance (Repairing and rebuilding houses affected by the Canterbury earthquakes) (published on 30 May 2015)
Updates and clarifications to the residential guidance on MBIE website.

Resource Management Act 1991 (SR 1991/69) (Reprint as at 30 April 2016)

Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004 (SR 2004/309) (Reprint as at 6 November 2008)

Resource Management (National Environmental Standards for Air Quality) Regulations 2004 (SR 2004/309) (Reprint as at 17 October 2014)

Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (SR 2011/361) (as at 10 October 2011)

Sale of Liquor Act 1989 (SR 1989/63) (Reprint as at 18 December 2013)

Unit Titles Act 2010 (SR 2010/22) (Reprint as at 1 April 2014)

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ACCEPTABLE SOLUTIONS AND VERIFICATION METHODS

Acceptable solutions used to be called Compliance Documents. This changed with the amendments to the Building Act 2004.

Amendments to Acceptable Solutions and Verification methods:

 Effective 1 January 2017, there have been 28 acceptable solutions and 10 verification methods have been amended. Read more...

 

PROTECTION FROM FIRE - Frequently asked questions update

25 July 2014 - No. 162

Since publication on 10 April 2012, the Acceptable Solutions and the Verification Method for Protection from Fire (C/AS1-C/AS7 and C/VM2) have been subject to an on-going process of continuing improvement. Many of the improvements have been and will be informed by feedback and requests for clarification.

MBIE have developed a list of FAQs so that the answers to common questions can be shared openly. These FAQs are continuously updated as part of our on-going monitoring of the implementation.

BC Update 162: Protection from Fire - FAQs update:

To provide feedback or recommend additions to MBIE FAQs, contact us.

December 2013

  • New guidance:  (4th topic down) Requesting information about means of escape from fire for existing buildings
  • Changes to C/AS1 - C AS7 and C/VM2  Information sheets

  • Previous changes
    • Updated C documents - effective from 10 April 2012. 
    • Information Sheet - Fire Design: a worked example for Verification Method C/VM2, with commentary.
    • Gazette notice (No.49 - 3/5/2012) - updates the list of Building Code clauses that determine when a design must be submitted to the Fire Service Commission.
    • BRANZ article - New requirements for interior surface finishes (July 2011) requirements for Protection from Fire.
    • MBIE overview - Achieving NZBC Group Numbers for surface finishes from tests to overseas Standards.
    • Fire Engineering Brief - See useful links and guidance.
    • BC Update 162: Protection from Fire - frequently asked questions update
    • Who can do Verification Method C/VM2?  (Important) - Please note that the Ministry of Business Innovation and Employment has stated that: "Verification Method C/VM2 for Protection from Fire is suitable for use by design professionals with specific fire engineering expertise, such as Chartered Professional Engineers.

STANDARDS

  • Standards New Zealand 

  • NZS 3604:2011 Timber-framed buildings: Please note that the new NZS3604:2011 Timber-framed buildings has come out (Also refer to MBIE website on Using NZS 3604 Timber-framed buildings). The changes to this standard reflect changes in building practices over the last 10 years. This is a core resource that designers and builders need to be familiar with.  Please check amendments to this, made as a consequence to the Christchurch earthquake findings.  Refer to Code watch below.

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BUILDING CONSENT INFORMATION CONFIDENTIALITY

 

OTHER INFORMATION

 DETERMINATIONS (Building Act Determination)

A determination is a binding decision made by the Building Performance, MBIE to solve disputes or questions about the rules that apply to buildings, how buildings are used, building accessibility, and health and safety. Visit the Building System Performance (MBIE) website for further information on this service.

Page last updated: 2017-01-27

Hauraki Matamata Piako Waitomo Otorohanga Waipa Waikato Hamilton