What is a Producer Statement?
Producer Statements (PS) are formal written statements certifying that specific building work, design or specifications comply with technical requirements, in order to comply with the provisions of the New Zealand Building Code or a Building Consent. The statement is signed by the author (a recognised specialist such as an engineer or architect) working within their scope of expertise and competency. It is the responsibility of the producer statement author to ensure that they meet the requirements of their industry code of practice, practice notes, and guidelines and that they provide a producer statement that is both complete and accurate.The producer statement must cover the building code clauses relevant to the design.
For example, if the Engineer’s design is for a structural element of the proposed building design, it must meet building code performance requirements for being structurally sound (B1) and durable (B2) because without the required level of durability it will not remain structurally sound and therefore will not be fit for purpose. The designs and supporting PS1 must cover both B1 and B2. Apart from failing to provide an adequate statement of building code compliance, failure to cover B2 would be a breach under
- Sections 1A(2), 7(1), 8 of the Consumer Guarantees Act 1993 if the building based on the design fails due to durability issues compromising the structural integrity of the building.
- Engineering NZ Code of Ethical Conduct and Practice Note 8: Engineers and ethical obligations: (1) Take reasonable steps to safeguard health and safety. (2) Act competently and “accepting personal responsibility for work done”.
Acceptance of a Producer Statement is discretionary. Producer Statements that are inadequate can be rejected by the Building Consent Authority (Council).
Producer Statements & Memoranda required during, or at the end of construction
- Please check that the document provides adequate information and that the author is in the Waikato Building Consent Group register, or another appropriate register e.g., Registers of Designers and Tradespeople.
- It is the applicant’s responsibility to ensure that they have employed people who are suitably qualified or licensed, and who are competent to do the work for which they are employed. If you are uncertain about the scope of competency of an individual, check with the administrator of the register.
- All Producer Statements or Memoranda will be checked against the Producer Statement / Memoranda Checklist (see templates).
Used by designers to certify specific design elements comply with the specific standards or codes in order to comply with the provisions of the Building Code. See Structural Engineering Design Office Practice (2009)
Used by professionals undertaking a peer review of all or part of a design to say that the design or a specified part of the design complies with specified standards or codes in order to comply with the provisions of the Building Code. See Practice Note 02 Peer Review.
Used by contractors or tradespeople to the designer stating that the specified building work they have undertaken complies according to the designer’s plans and Building Consent. This is given to the supervising engineer, who then provides the Council with a PS4.
A Memorandum of Completion and Compliance is similar and given by someone who has installed a building product or system to the Council stating that the construction meets compliance requirements, i.e. waterproofing under a shower. The information required is the same as that of a PS3; therefore we have provided a template that can be used for either purpose.
Used by engineers conducting a peer review of specified building work (undertaken by contractors or tradespeople) to certify that the building work complies with the Building Consent. See Guidelines: Constructability 2008.
For some projects that involve Specific Design (rather than acceptable solutions) or very complex projects, the BCA may have requested that the Engineer (or Architect) provide a Producer Statement for construction monitoring (PS4). The BCA will use these statements in their decisions around compliance with the construction with the approved plans and specifications.
Other required information and templates:
- Guidance on use of producer statements on the IPENZ website, also refer to the latest IPENZ
- Practice Note: Guidelines on Producer Statements (2014)
- Producer Statement Checklist Template:
- IPENZ Producer statement templates IPENZ website. These are interactive PDF’s and are copyrighted to IPENZ, ACENZ, and NZIA.
- Plumbing Pressure Test Memorandum (Template)
- As Laid Drainage Template
- PDF (77kb)
- MBIE Guidance document on Certificates of Work, Producer Statements & Design Features Reports for Chartered Professional Engineers (under RBW)
What is a Memorandum?
A Memorandum is similar to a producer statement but is signed and written by tradespeople for specialist work to confirm that the work that they have undertaken meets the performance requirements of the NZ Building Code or a Building Consent.
When are these statements used?
A Building Consent Authority (Council) can use Producer Statements or Memoranda to recognise building professionals and some trades whose design and construction work is, or will be, technically acceptable and will satisfy the provisions of the Building Consent. The Council may rely on a Producer Statement or Memorandum as “reasonable grounds” for assuring compliance. It is important that your Council can be confident of the reliability of these statements and that the statements’ authors have appropriate experience and competence in their field(s).
Your Council is part of the Waikato Building Consent Group, which has a register of approved authors of Producer Statements or Memoranda. It is important that you check that your engineer and tradespeople (if appropriate) are on the register. If they are not registered, and they are not on any of the Registers of Designers and Tradespeople required by legislation, Council may not necessarily accept their Producer Statements or Memoranda, and as a consequence not sign off on your Code Compliance Certificate (CCC) at the end of your building project. Acceptance of Producer Statements or Memoranda is discretionary.
It is important to note that an engineer or other specialist inspection does not relieve the owner of their responsibility to ensure that all the required inspections set out on the Building Consent are completed by the Council. It is also the owner’s responsibility to check that the person they employ is working within their scope of expertise and competency.
Information Required on a Producer Statement or Memorandum
If the information is missing or inadequate the Producer Statement or Memorandum will not be accepted by Council. Templates for Producer Statements and Memoranda can be found on the website www.buildwaikato.co.nz. See also the Checklist used by Councils in the Waikato Building Consent Group to assess whether the document provides adequate information for compliance.
Examples where Producer Statements or Memoranda are required
Your local Council may request a Producer Statement or Memoranda from approved authors (professionals and tradespeople) who are working on your building project in the following areas or responsibilities:
- Structural engineering
- Geotechnical engineering
- Civil engineering
- Fire engineering
- Ventilation systems / HVAC Systems
- Glazing – if Specific Design or for a commercial project e.g. curtain walling
- Effluent Systems
- Interior and exterior waterproofing, tanking, etc. – used by tilers and roofers to confirm that they have installed waterproof membranes in accordance with the manufacturer’s specifications and that the installation complies with the approved building consent
- Fire Protection / Fire Detection: fire alarm systems, sprinkler systems, emergency lighting, etc. (residential)
- Glazing (for housing)
- Internal Wet Areas
- Acoustic – noise control
- Paint Systems – e.g. Intumescent paint systems
- Pipe Pressure Test – used by certified plumbers to confirm performance of pipework at the required water pressure level
- Exterior Plasterers – solid, proprietary
- Solid Plaster Exterior Wall Coating – used by plasterers and painters to confirm that they have applied the product according to the manufacturer’s specifications and in accordance with the approved building consent.
- Lifts, Escalators (residential)
- Automatic doors, emergency release doors
WBCG Producer Statement & Memorandum Author Register
Becoming an approved author
Anyone that provides a Producer Statement or Memorandum for an alternative to the New Zealand Building Code or who designs, installs or tests any of the above systems should become an approved author. Complete and submit the application form or renewal of application form (Updated 2017-07-24) to:
Building Unit Registrar / Building Unit
City Government Office
Private Bag 3010
Fax 07 838 6684
Phone 07 838 6643
(NOTE: Pippa is employed part-time by HCC and will get in touch within 2 working days of receiving your email.)
Last updated 2018-05-21