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Building Law in New Zealand – amendments to Building Act 2004 (new Westlaw New Zealand)

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On 7 June 2021, Parliament passed the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 to support the use of new, innovative and efficient building methods, and improve trust and confidence in the building system.

The Act mainly amends the Building Act 2004, with pt 2 making consequential changes to other legislation. The Act aims to:

  • strengthen the existing product certification scheme (known as CodeMark) to ensure that products sold in New Zealand comply with the building code
  • establish a new manufacturer certification scheme for non-traditional methods of construction, such as modular components and off-site manufacture
  • strengthen the penalties for breaches of the requirements, and create new offences for noncompliance
  • expand the use of the building levy to fund a broader range of functions and activities by the Ministry of Business, Innovation and Employment
  • clarify the definitions of “building product” and “building method”, and introduce minimum requirements for information about products and methods, to support informed decision-making.

 

These changes are the first phase of a wider work programme to lift the efficiency and quality of building work, and provide fairer outcomes if things go wrong.

See s 2 for the provisions that came into force on 8 June 2021 — these include updated penalties. The balance, including for instance the new voluntary certification scheme for offsite manufacturers, will come into force within 15 months.

The Building Act 2004 in Building Law in New Zealand (online ed, Thomson Reuters) has incorporated these amendments, with commentary to follow as and when they come into force.

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