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Building (Further Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 provides that the purpose of the Bill is to amend the Building
Act 1993 to: transfer the responsibility for the issue of occupancy
permits in relation to places of public entertainment and
temporary structures from the Building Commission to building
surveyors; provide for temporary structures permits to replace
occupancy permits with respect to temporary structures; and
enable emergency orders and building notices and orders to be
directed at builders; and to otherwise improve the operation of
that Act.
Clause 2 provides for the commencement of the Act.
Clause 3 amends various sections of the Building Act 1993 to provide for
the transfer of responsibility for places of public entertainment
and temporary structures from the Building Commission to
building surveyors.
Clause 4 introduces a new Division 2A into Part 5 of the Building Act
1993. This Division adds the provisions that set out the regime
for temporary structures permits.
Clause 5 amends other various sections of the Building Act 1993 to reflect
the introduction of the temporary structures permits regime under
the new Division 2A in Part 5 of the Building Act 1993.
Clause 6 amends the inspection powers of the Building Commission
contained in section 63 of the Building Act 1993 by providing
that the Commission may inspect any place of public
entertainment at any time to determine whether the Act, the
regulations or the conditions of any occupancy permit are being
complied with.
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541260 BILL LA CIRCULATION 15/5/2002
Clause 7 inserts new definitions of "building notice", "building order" and
"emergency order" to section 3 of the Building Act 1993.
Clause 8 substitutes sections 102 and 103 of the Building Act 1993 with
new sections 102, 103 and 103A. These new sections provide for
emergency orders to be directed at builders in circumstances
where, in the opinion of the municipal building surveyor,
proposed building work; or building work that has been carried
out; or alteration or damage that has occurred as a result of the
building work, is a danger to life or property.
Clause 9 amends sections 104 and 105 of the Building Act 1993 as a
consequence of the introduction of the new sections 102 and 103.
Clause 10 substitutes section 106 of the Building Act 1993 to provide that
building notices can be directed at builders in circumstances
where building work has been carried out without a building
permit; or in contravention of a building permit; or the building
work contravenes the Building Act 1993 or the building
regulations; or any of the building work that has been or is still to
be carried out; or any alteration or damage has occurred as a
result of the building work is a danger to the life, safety or health
of any member of the public or of any person using the land or to
any property.
The clause also inserts a new section 106A. The section provides
that building notices can be directed at owners and occupiers in
certain circumstances.
Clause 11 amends section 108 of the Building Act 1993 as a consequence
of the introduction of the new sections 106 and 106A.
Clause 12 substitutes section 109 of the Building Act 1993 to provide that a
person who is served with a building notice may make
representations to the relevant building surveyor about the
matters contained in the notice. Where the builder is served with
a building notice the owner may also make representations to the
relevant building surveyor about the matters contained in the
notice.
Clause 13 substitutes section 111 of the Building Act 1993 to provide that,
in addition to building orders being directed at owners and
occupiers, building orders can be also directed at builders.
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Clause 14 amends various sections of the Building Act 1993 as a
consequence of the introduction of the provisions providing for
building orders to be directed at builders.
Clause 15 inserts a new section 118A into the Building Act 1993 which
restricts the owner from engaging another builder to carry out
building work which would prevent, or interfere with the ability
of the builder to whom an emergency order, a building notice or a
building order has been directed and is in force, to comply with
the order.
Clause 16 inserts a new section 125A into the Building Act 1993 which
requires an owner to be given a copy of any relevant emergency
order, building notice or building order. The new section also
provides that the builder must provide to the owner, a copy of
any document they provide to the relevant building surveyor or
the Building Appeals Board in relation to the order or notice.
Clause 17 amends various sections of the Building Act 1993 as a
consequence of the introduction of the provisions providing for
emergency orders, building notices and building orders to be
directed at builders.
Clause 18 inserts a new section 78A into the Building Act 1993 to provide
that a private building surveyor must not accept an appointment
from a domestic builder to carry out the functions set out in
section 76.
Clause 19 inserts a new section 80A into the Building Act 1993 to require
that a private building surveyor within 7 days after accepting an
appointment under Part 6 of the Building Act 1993 must give to
the person who made the appointment a notice containing the
details and information required by the regulations.
Clause 20 re-inserts the penalty that applied for a breach of section 176(2A)
of the Building Act 1993 back into that section. The section was
re-enacted by section 9 of the Building (Amendment) Act 2001.
Unfortunately, in re-enacting section 176(2A) the penalty that
applied in respect of a breach of the section was inadvertently
omitted.
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Clause 21 inserts a new section 215A into the Building Act 1993 to provide
that the municipal building surveyor may only act outside the
municipal district as a private building surveyor and then only
with the agreement of the council. The new section also applies
to officers or employees of the council who carry out any
functions on behalf of the relevant council or the municipal
building surveyor.
Clause 22 amends section 216 of the Building Act 1993 by providing that
where the council or its municipal building surveyor carries out
any functions under the Building Act 1993 or the building
regulations as a private building surveyor outside the council's
municipal district, the fees or charges payable to the council or
municipal building surveyor in respect of carrying out that
function must not be less than the total cost of carrying out that
function.
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