Building infringement scheme guidelines
Contents
Appendices
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Purpose
These guidelines are intended to assist territorial/regional authorities, and their officers, to implement the Building (Infringement Offences, Fees, and Forms) Regulations 2007 (the Building Infringement Regulations) that come into force on 1 July 2008. They may also help territorial/regional authorities to develop policies around how to enforce the Building Infringement Regulations.
The guidelines will help you to decide when an infringement notice is the right tool to use to encourage compliance with the Building Act 2004 (the Building Act).
While these guidelines are intended to assist territorial authorities and regional authorities in considering the implementation of the Building Infringement Regulations, it is the responsibility of a territorial authority or regional authority to develop, approve and implement policies and procedures in the enforcing of the Building Infringement Regulations. Territorial/regional authorities should seek their own legal advice in the development and implementation of those policies and procedures.
Guidance
This document is intended as a general guide to the Building (Infringement Offences, Fees, and Forms) Regulations 2007 ('Building Infringement Regulations) made under the Building Act and should be read in association with the Regulations. While the Department of Building and Housing has taken every care in preparing this document, it should not be relied upon as establishing the requirements of the Building (Infringement Offences, Fees, and Forms) Regulations 2007 under the Building Act. Readers should always refer to the Building Act and the Regulations as the source documents, and be aware that for specific situations or problems it may be necessary to seek independent legal advice. A copy of the Building Act is available and the Regulations can be found on the Department website.
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Introduction
The Building Act
In New Zealand, the building of houses and other buildings and structures including dams is controlled by the Building Act 2004 (the Building Act).
The Building Act 2004 repealed the Building Act 1991 and introduced some significant changes to the way the building industry in New Zealand is regulated, with the intent of providing greater assurance to consumers.
The Building Act provides a framework to support and promote safe, high-quality developments that will satisfy the expectations of consumers, the Government and the building industry. Continued successful implementation of the Building Act is critical for development and growth in all regions of New Zealand.
The Governments aims in introducing the Building Act are to achieve:
- more clarity on the standards we expect buildings to meet
- more guidance on how those standards can be met
- more certainty that capable and competent people are undertaking the work
- more scrutiny in the building consent and inspection process.
Ongoing implementation of the Building Act is a significant undertaking that will bring about considerable change in the regulatory building control sector.
The Building Act helps ensure better decision- making throughout the building process, and provides more assurance to consumers and homeowners that buildings are designed and built right the first time.
Under the Building Act, building owners are required to seek approval from their local building consent authority to carry out building works at specific sites. In practice the builder/designer/architect acting as the owners agent may also obtain approval on behalf of the building owner.
Approval is sought to ensure that proposed building work complies with the Building Code1 (eg, building, plumbing, drainage, fire safety and accessibility requirements). Dam safety is also covered by the Building Act and dam owners must ensure they comply with relevant dam safety provisions in the Building Act.
There are three types of agencies in New Zealand that have a role in building compliance. These are: territorial authorities, regional authorities and building consent authorities. The Building Act requires territorial or regional authorities to be accredited and registered if they wish to act as building consent authorities.
The powers under the Building Infringement Regulations and these guidelines relate to territorial and regional authorities. These guidelines may also be of interest to building consent authorities. For more detail on the general functions of agencies under the Building Act see Appendix 1.
Building (Infringement Offences, Fees, and Forms) Regulations 2007
From 1 July 2008, territorial/regional authorities will have the option of issuing infringement notices to any person who commits an offence by not complying with certain provisions of the Building Act. These provisions are those specified in the Building Infringement Regulations. The person who commits the offence could be a builder, designer, architect, property manager, site manager, independent qualified person (IQP), building owner, tenant or any other person who commits an offence by not complying with those provisions.
Overview
The Building Infringement Regulations are made under section 402(y), (z) and (za) of the Building Act 2004.
An infringement offence is an offence as declared by the Building (Infringement Offences, Fees, and Forms) Regulations 2007.
The Building Infringement Regulations specify the exact offences under the Building Act 2004 that may be dealt with as infringement offences and the fees for each one.
The Building Infringement Regulations also prescribe forms for infringement notices and infringement reminder notices.
The Building Infringement Regulations came into force on 1 July 2008.
Schedule 1 to the Building Infringement Regulations is in Appendix 2.
To view the full Building Infringement Regulations, visit www.dbh.govt.nz/building-regulations
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The building infringement system
Why was the infringement system introduced?
As noted on page 2, territorial/regional authorities and building consent authorities are responsible for enforcing various aspects of the Building Act to ensure builders, designers, building owners or owners agents etc meet their obligations.
Until the Building Infringement Regulations came into force, the only 'enforcement action (where a builder or building owner is obliged by law to fix or rectify something) territorial/regional authorities could take were court-based prosecutions.
This reliance on court-based prosecutions as a means of ensuring compliance was identified as an issue during a review of building legislation in 2003. This review found that this means of enforcement was costly, time-consuming, and often disproportionate to the offence. As a result, compliance with the Act was lower than desired.2
By putting in place an infringement system, territorial/regional authorities now have an extra tool to encourage compliance with the Building Act. An infringement system was chosen as the appropriate tool to use as:
- many territorial/regional authorities already have established infringement systems (for example, parking or dog control infringement systems )
- infringement notices can be used quickly and easily
- infringement notices are easily understood by the public and are simple to implement
- infringement notices are a 'no surprises way to encourage compliance
- offenders can avoid the time and associated costs of court action, but will face significantly greater certainty of council enforcement action (in the form of instant fines).
Infringement notices are intended to be used as a deterrent, to encourage rectification and to reduce persistent re-offending - not as a revenue-raising tool.
Is the building infringement system compulsory?
No. Territorial/regional authorities have the option of implementing the infringement system under the Building Infringement Regulations or they can continue using court-based prosecutions as the only form of enforcement.
If territorial/regional authorities do adopt the building infringement system, they have to adopt it exactly as set out in the Building Act and Building Infringement Regulations, which includes reference to the Summary Proceedings Act 1957.3
This is to ensure the building infringement system is applied fairly and consistently across the country (ie, similar processes are followed in deciding when and how to impose an infringement notice, and when a notice is imposed it is the same fee imposed for the same offence).
Territorial/regional authorities must adopt the system as set out in the Building Infringement Regulations, as any deviation from the requirements of the Act could mean parts of the system would not be enforceable.
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Issuing an infringement notice
Powers of entry and issue
The Building Act gives authorised officers the power to enter building sites and to issue infringement notices. These powers and who they apply to are discussed below.
Inspection by authorised officers
To inspect a property you need to be an authorised officer of a territorial/regional authority. Section 222 of the Building Act gives you this power. This power means you can inspect buildings, building sites or land where building is under way or proposed, and enter premises during normal working hours. The officer must produce to the occupier written evidence of his or her identity when first entering private land and when requested at any other time.
When you enter private property, under section 224 of the Building Act you must also show your written warrant.
Enforcement officers
Even though you may be authorised by a territorial authority/ regional authority for inspections, you also need to be authorised as an enforcement officer to issue infringement notices.
Section 229 of the Building Act allows a territorial authority6 to authorise any of its officers to issue infringement notices under section 372. If it grants an authorisation to issue an infringement notice, the territorial authority must supply the enforcement officer with a warrant.
The warrant must clearly state the functions and powers the enforcement officer has been authorised to carry out under the Building Act.
You need to carry your warrant and identification at all times and show them when asked (section 230).
It is important to know that there are some restrictions on these powers. Under section 226, an authorised officer cannot enter a household without the consent of the owner or by order of a District Court.
Overall
While you may have authority to go onto property and carry out enforcement activities, the law also expects you to do so in a reasonable and professional manner. For example, you are required to:
- find the owner or occupier as soon as you enter a property
- once you find them, produce your identification and warrant and show it any time you are asked for it
- if there is more than one building officer present, make sure you both show your identification and warrant
- if the owner is not present, leave a written notice showing the date and time of the inspection and the name of each enforcement officer who inspected the property. This should be left in a prominent position at the property, or attached to the structure inspected.
Factors to consider before issuing an infringement notice
Under Section 372 of the Building Act, an infringement notice may be served on a person if an enforcement officer:
- observes the person committing an infringement offence, or
- has reasonable cause to believe an infringement offence is being or has been committed by that person.
This section notes some points you should consider before deciding to issue an infringement notice.
Know your legal basis and policies
Always refer back to the Building Act and the Building Infringement Regulations. It is important that you can explain the legal basis for issuing an infringement notice to an offender if necessary.
Territorial/regional authorities will likely develop policies for managing the infringement system. It may be helpful to refer to similar policies developed for a range of other infringement systems such as the Resource Management Act infringement system. Policies need to be clear, transparent and applied consistently. Be familiar with your policies and how they work.
Best practice approach
As well as ensuring you are acting consistently with the Building Act and Building Infringement Regulations, and are following territorial/regional authority policy and building consent authority policy, you may like to also give regard to the following elements of a 'best practice approach.
i. No surprises. The building infringement system assumes infringement notices will be served on a 'no surprises basis (ie, offenders should generally have good warning that an infringement notice could be issued). For example, territorial/regional authorities could publicly signal crack-downs on persistent offences, before issuing infringement notices. An early discussion or letter about the infringement system to builders and building owners could be a helpful first step in encouraging compliance. A warning letter or notice to fix could be issued prior to an infringement notice. The key point is that the infringement notices are intended to act as a deterrent and achieve compliance, not as an 'out of the blue punishment.
ii. Be fair. In some situations you will need to use your discretion. For example, you could consider the scale of the offending involved when deciding whether to warn, issue a notice to fix, or to issue an infringement notice (the examples below deal with this in more detail). As a guide, remember 'natural justice. Natural justice is a legal concept based on the idea that some legal principles are so obvious they should be applied without having to be enacted into legislation. For example, everyone has the right to tell their side of the story. Think about fairness on a case- by-case basis. Deciding whether to issue an infringement notice is as much about investigating all the facts. An infringement notice may work well as a deterrent to a repeat offender (eg, a tradesperson who has often breached the Building Act), rather than a homeowner who may not be fully aware of their obligations under the Building Act.
iii. Be consistent. It is important that the building infringement system is implemented as set out in the Building Infringement Regulations and that territorial/regional authority policy is followed. This will help ensure the infringement system is implemented consistently and that correct procedures are followed both in your region and across New Zealand.
iv. Document and record. Most enforcement policies put in place by territorial/regional authorities will include a process for documenting decisions around issuing infringement notices. You may already be familiar with Building (Accreditation of Building Consent Authorities) Regulations 2006 section 6, which covers the need for clear and detailed record-keeping. The same attention to detail and documentation needs to be followed here. If the infringement notice is later challenged in court, good record-keeping will be important. It is also important to think about obtaining the best possible evidence prior to issuing infringement notices. Think about what you have observed and be thorough in recording this.
Examples of infringement situations7
Remember - in all situations the officer who inspects a site needs to be an authorised officer of a territorial/regional authority and the officer who issues an infringement notice must be an enforcement officer who is warranted.
Example A
- A building consent authority officer visits a site for a pre-pour concrete inspection. During the inspection the officer identifies that the next stage of the work involves earthworks and making vertical cuts, which will result in a fall hazard.
- The officer notes on the inspection form that the specified person (in this case, the property developer) must install safety barriers to comply with Clause F5 of the Building Code and discusses this with the builder on site.
- At the next inspection, the building consent authority officer notes that the barriers have not been installed and issues a notice to fix requiring barriers to be installed.
- At a later time, the officer returns and identifies that the specified person still has not installed the barriers.
- The territorial authority enforcement officer8 then issues an infringement notice to the developer for failing to comply with the first notice to fix (s168) followed by a second notice to fix requiring the work to stop until such time as Clause F5 is complied with. The infringement notice is for not complying with section 168 of the Building Act.
NB: Notices to fix and building infringement notices are two separate tools. They can be used separately or at the same time. In this situation, the building consent authority officer gave clear instruction to the builder and had issued a notice to fix subsequent to a number of visits and discussions. An infringement notice and fee is an appropriate penalty for ignoring the first notice to fix on such an important safety issue. The builder must pay the fee regardless of whether the second notice to fix is complied with.
Even if the infringement notice is paid, the territorial authority would still need to determine whether the original offence has been rectified.
Example B
- A building consent authority officer, while undertaking an inspection in a building that contains specified systems, identifies that the building warrant of fitness (BWoF) is not on display.
- The territorial authority has recently publicised that this has been a recurring problem and that it intends to crack down on offenders. The officer contacts the building owner via a message on voicemail about the issue.
- The officer follows up the message with a letter explaining the need to display the BWoF, the offences prescribed in the Building Act 2004 and the possible issuing of an infringement notice.
- One week later, having received no response, the territorial authority enforcement officer visits the building to determine if the notice has been displayed. The notice is not visible so the officer issues a notice to fix.
- Ten days later the territorial authority enforcement officer revisits the building. The BWoF is still not displayed, at which point the officer issues an infringement notice, with the previous correspondence attached. The officer hand delivers the infringement notice to the registered office of the building owner.
NB: In this situation the building owner was well informed of the need to display a BWoF. Failure to display the BWoF prompts a notice to fix. The infringement notice was then issued to further encourage compliance. The infringement is for not complying with section 108(5)(a) of the Building Act.
Example C
- A building consent authority officer visits a private home to undertake an inspection in accordance with a building consent. While undertaking the inspection, he notes that a well-known and experienced builder is erecting a retaining wall over 2 metres in height in the dwelling next door.
- Further investigation reveals that the building work has not been consented. A discussion with the building owner reveals that the builder had told them a building consent was not required.
- In this case, the territorial authority enforcement officer issues an infringement notice to the builder and a notice to fix to the builder and the homeowner requiring work to stop and a consent be obtained.
NB: The officer has investigated the situation and ascertained that the homeowner was not aware of the need for a consent. The homeowner did not receive an infringement notice, as the officer considered that the homeowner had been following the guidance of an experienced builder. The infringement is for non-compliance with section 40 of the Building Act.
Example D
- During heavy rain, a slip occurs that undermines the foundations of a house. In order to protect the house from any further damage, an engineer requires a retaining wall to be constructed to underpin the house foundation and prevent further slippage. The owner contacts the territorial authority, explains the situation and the territorial authority agrees to allow the retaining structure to be constructed under emergency works provisions. The territorial authority also explains to the owner the need to obtain a certificate of acceptance as soon as possible. This advice is followed up in writing by the territorial authority. The territorial authority observes at the end of the first week that the wall is nearing completion.
- One month after the work is complete the territorial authority writes to the owner noting the work is complete but no application for a certificate of acceptance (COA) has been made. The correspondence points out the relevant provisions and offences and provides the COA application forms.
- After another month, the territorial authority issues a notice to fix allowing ten working days for an acceptable application for a COA to be made. At the end of 15 working days (five working days after the due date) no application has been received. The territorial authority issues an infringement notice for failing to apply for a COA within the required timeframe. The infringement notice is issued for not complying with s42 of the Building Act.
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Infringement notice - the forms and process
Section 402(1)(y) to (za) of the Building Act enables regulations to be made that specify infringement offences, set the fee for each infringement notice and prescribes forms for issuing infringement notices. The Building Infringement Regulations prescribe the infringement notice and reminder notice that must be used. As required, the prescribed forms include the summary of rights. A template for the infringement notice (including prescribed requirements and summary of rights) is attached as Appendix 3.
Each territorial/regional authority may develop their own individual template. However, please note that it must include all information prescribed in the Building Infringement Regulations.
The infringement notice must include:
- the name of the enforcement authority
- the details of the person to whom the notice is being issued (eg, name and address)
- the details of the infringement (the nature of the alleged offence under the Building Act and the date, time and place of when it occurred)
- how much time the offender has to pay the fee (28 days) and by when it must be paid
- where the fee can be paid
- how the fee can be paid
- a 'summary of rights'
- a statement of the persons right to request a hearing
- a statement of what will happen if the person doesn't pay the fee or request a hearing.
Summary of rights
The summary of rights is an important part of any infringement notice.
The summary of rights provides the offender with an explanation of how they can deal with the infringement notice including how to pay, or how to take steps to challenge it.
The summary of rights should be set out on the back of the infringement form and must be replicated as prescribed in the Building Infringement Regulations.
It is important that you understand these rights and can explain the basics if asked.
See Appendix 3 for the Summary of rights.
Serving the infringement notice
An enforcement officer can either deliver the notice to the person receiving the infringement notice by hand or post it to them to the persons last known residence or business address (section 372 of the Building Act). It is important to ensure the notice reaches the correct person in a timely manner. This may not always be the person or address on the consent application. For example, if a builder applied for a consent on behalf of an owner, but it was the owner who committed the offence, then the authorised officer will need to confirm the right address for the owner.
Multiple particles
When a number of people are responsible for the activity, a separate infringement notice can be issued to each person who has caused the problem (eg, the owner and occupier, the company directors and employees).
This is very much a case-by-case situation and discretion needs to be used.
In this situation the most culpable people need to be identified. Ask some questions. Who was initially warned of the offence and advised an infringement notice was possible? Who received the notice to fix? If a person is unaware of the offence and the penalties, they may have a defence under section 386 of the Building Act.
Continuing offences
Section 380 of the Building Act defines a continuing offence as 'The continued existence of anything, or the intermittent repetition of any action, contrary to any provision of this Act is taken to be a continuing offence. For example, a lack of a building consent for a four-week period is one offence over that period of four weeks.
Flow chart example.
The flow chart opposite sets out an example of an infringement notice process.
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What offences are covered by the building infringement regulations?
Offences and fees - key points
The Building Infringement Regulations contain a clear and unambiguous list of infringement offences.
These infringement offences are based on specific existing building offences. There are no new building offences introduced by the system. The option of issuing an infringement notice is new.
Infringement fees are prescribed - that is, you must only charge the exact fee as set out in the Building Infringement Regulations.
The fees were set by the Government (following consultation with territorial and regional authorities and building sector representatives) with the following principles in mind.
- Higher fees would reflect direct risks to health and safety.
- There should be consistency between offences that are similar in nature.
Fees range from $250 (for procedural offences) to $2,000 (for more serious breaches), with the level of fee reflecting a smaller percentage of the maximum fine already specified in the Building Act.
The offences cover 'initial offences, for example:
- not complying with a compliance schedule
- building without a consent
- failing to display a building warrant of fitness.
Subsequent offences are also included, for example, failing to comply with a notice to fix.
A list of infringement offences and fees is in the table below.
This list forms Schedule 1 of the Building (Infringement Offences, Fees and Forms) Regulations 2007 which is reproduced in Appendix 2. The website address is www.dbh.govt.nz/building-regulations
Table 1 - Building Infringement Offences and Fees
| Provision under Building Act (section, description) |
Infringement fee |
Issuing body |
Fine if offence proceeds through the courts |
| General building offencess |
| s40 Failing to comply with the requirement that building work must be carried out in accordance with a building consent |
$750 |
Territorial or regional authority |
Maximum fine: $100,000 and $10,000 for every day offending continues |
| s42 Failing to apply for certificate of acceptance for urgent work as soon as reasonably practicable after completion of building work |
$500 |
Territorial or regional authority |
Maximum fine $5,000 |
| s101 Failing to comply with requirement to obtain a compliance schedule |
$250 |
Territorial or regional authority |
Maximum fine: $20,000 and $2,000 for every day offending continues |
| s108(5)(a) Failing to display a building warrant of fitness required to be displayed |
$250 |
Territorial or regional authority |
Maximum fines for all offences: $20,000 |
| s108(5)(b) Displaying a false or misleading building warrant of fitness |
$1,000 |
Territorial or regional authority |
Maximum fines for all offences: $20,000 |
|
s108(5)(c) Displaying a building warrant of fitness other than in accordance with section 108
|
$1,000
|
Territorial or regional authority |
Maximum fines for all offences: $20,000 |
| s116B(1)(a) Using, or knowingly permitting the use of, a building for a use for which it is not safe or not sanitary |
$1,500
|
Territorial or regional authority |
Maximum fine: $100,000 and $10,000 for every day offending continues |
|
s116B(1)(b) Using, or knowingly permitting the use of, a building that has inadequate means of escape from fire
|
$2,000
|
Territorial or regional authority |
Maximum fine: $100,000 and $10,000 for every day offending continues |
| s124 Failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous, earthquake-prone, or insanitary building |
$1,000 |
Territorial or regional authority |
Maximum fine: $200,000 |
| s128 Using or occupying a building, or permitting another person to do so, contrary to a territorial authority’s hoarding, fence, or notice |
$2,000 |
Territorial or regional authority |
Maximum fine: $200,000 and $20,000 for every day offending continues |
| s168 Failing to comply with a notice to fix |
$1,000 |
Territorial or regional authority |
Maximum fine: $200,000 and $20,000 for every day offending continues |
| s363 Using, or permitting use of building having no consent or code compliance certificate or certifi cate for public use for premises for public use |
$1,500 |
Territorial or regional authority |
Maximum fine: $200,000 and $20,000 for every day offending continues |
| s367 Wilfully obstructing, hindering, or resisting a person executing powers conferred under the Act or its regulations |
$500 |
Territorial or regional authority |
Maximum fine: $5,000 |
| s368 Wilfully removing or defacing a notice published under the Act or inciting another person to do so |
$500 |
Territorial or regional authority |
Maximum fine: $5,000 |
| Dam safety offences4 |
| s134 Dam owner failing to classify dam |
$500 |
Regional authority |
Maximum fine: $20,000 |
| s138 Dam owner failing to comply with a direction from a regional authority to have a classification re-audited and submitted |
$250 |
Regional authority |
Maximum fine: $5,000 |
| s140 Dam owner failing to prepare, or arrange the preparation of, a dam safety assurance programme and submit it for audit |
$500 |
Regional authority |
Maximum fine: $20,000 |
| s145 Dam owner failing to comply with a direction from a regional authority to have a dam safety assurance programme re-audited and submitted |
$250 |
Regional authority |
Maximum fine $10,000 |
| s150(4)(a) Dam owner knowingly failing to display a dam compliance certificate required to be displayed |
$250 |
Regional authority |
Maximum fine: $5,000 |
| s150(4)(b) Dam owner displaying a false or misleading dam compliance certificate |
$1,000 |
Regional authority
|
Maximum fine: $5,000 |
|
s150(4)(c) Dam owner displaying a dam compliance certificate other than in accordance with section 150
|
$1,000
|
Regional authority
|
Maximum fine: $5,000 |
| s154 Dam owner failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous dam5 |
$2,000 |
Regional authority |
Maximum fine: $200,000 |
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Appendices
Appendix 1 - General roles and responsibilities
Roles and responsibilities of a territorial/regional authority
A territorial/regional authority performs the following functions (including any functions that are incidental and related to, or consequential upon, these functions).
Issuing
- Project information memoranda
- Building consents where the consent is subject to a waiver or modification of the Building Code
- Certificates of acceptance
- Compliance schedules and amending compliance schedules
Power to inspect and enter land
Sections 222 to 228 provide details of the powers of entry to undertake an inspection. A clear reason for any inspection must be provided to the owner/occupier/builder.
Enforcement powers
The territorial/regional authority may choose to warrant enforcement officers to issue infringement notices under section 372 of the Building Act.
Other
- Follows up and resolves notices to fix
- Administers annual building warrants of fitness
- Enforces the provisions relating to annual building warrants of fitness
- Decides the extent to which buildings must comply with the Building Code when they are altered, their use is changed, or their specified intended life changes
- Performs functions relating to dangerous, earthquake-prone or insanitary buildings
- Determines whether building work is exempt under Schedule 1 (paragraph k) of the Building Act from requiring a building consent
- Carries out any other functions and duties specified in the Building Act 2004. Administers dam safety regime
Roles and responsibilities of a building consent authority
A building consent authority performs the following functions.
- Issues building consents (except consents subject to a waiver or modification)
- Inspects building work for which it has granted a building consent
- Issues notices to fix
- Issues code compliance certificates
- Issues compliance schedules
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Appendix 2 - Building (infringement offences, fees, and forms) regulations 2007 - Schedule 1
Schedule 1 Infringement offences and fees
Provision of Building Act 2004 Fee
| Description of offence |
($) |
| s40 Failing to comply with the requirement that building work must be carried out in accordance with a building consent |
750 |
| s42 Failing to apply for a certificate of acceptance for urgent building work as soon as practicable after completion of building work |
500 |
| s101 Failing to comply with the requirement to obtain a compliance schedule |
250 |
| s108(5)(a) Failing to display a building warrant of fitness required to be displayed |
250 |
| s108(5)(b) Displaying a false or misleading building warrant of fitness |
1,000 |
| s108(5)(c) Displaying a building warrant of fitness other than in accordance with section 108 |
1,000 |
| s116B(1)(a) Using, or knowingly permitting the use of, a building for a use for which it is not safe or not sanitary |
1,500 |
| s116B(1)(b) Using, or knowingly permitting the use of, a building that has inadequate means of escape from fire |
2,000 |
| s124 Failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous, earthquake prone, or insanitary building |
1,000 |
| s128 Using or occupying a building, or permitting another person to do so, contrary to a territorial authoritys hoarding, fence, or notice |
2,000 |
| s168 Failing to comply with a notice to fix |
1,000 |
| s363 Using, or permitting use of building having no consent or code compliance certificate or certificate for public use for premises for public use |
1,500 |
| s367 Wilfully obstructing, hindering, or resisting a person executing powers conferred under the Act or its regulations |
500 |
| s368 Wilfully removing or defacing a notice published under the Act or inciting another person to do so |
500 |
| s134 Dam owner failing to classify a dam |
500 |
| s138 Dam owner failing to comply with a direction from a regional authority to have a classification re-audited and submitted |
250 |
| s140 Dam owner failing to prepare, or arrange the preparation of, a dam safety assurance programme and submit it for audit |
500 |
| s145 Dam owner failing to comply with a direction from a regional authority to have a dam safety assurance programme re-audited and submitted |
250 |
| s150(4)(a) Dam owner knowingly failing to display a dam compliance certificate required to be displayed |
250 |
| s150(4)(b) Dam owner displaying a false or misleading dam compliance certificate 1,000 |
&1,000 |
| s150(4)(c) Dam owner displaying a dam compliance certificate other than in accordance with section 150 |
1,000 |
| s154 Dam owner failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous dam |
2,000 |
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Appendix 3 - Template - infringement notice
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Appendix 4 - Offence codes
These are new offence codes for the Building Act 2004 empowered by the Building (Infringement Offences, Fees, and Forms) Regulations 2007 (SR 2007/403).
None of these offences are punishable by imprisonment.
New values effective from 1 July 2008
| Value |
Description |
| 9015 |
s40 Failing to comply with the requirement that building work must be carried out in accordance with a building consent |
| 9016 |
s42 Failing to apply for a certificate of acceptance for urgent building work as soon as practicable after completion of building work |
| 9017 |
s101 Failing to comply with the requirement to obtain a compliance schedule |
| 9018 |
s108(5)(a) Failing to display a building warrant of fitness required to be displayed |
| 9019 |
s108(5)(b) Displaying a false or misleading building warrant of fitness |
| 9021 |
s108(5)(c) Displaying a building warrant of fitness other than in accordance with section 108 |
| 9022 |
s116B(1)(a) Using, or knowingly permitting the use of, a building for a use for which it is not safe or not sanitary |
| 9023 |
s116B(1)(b) Using, or knowingly permitting the use of, a building that has inadequate means of escape from fire |
| 9024 |
s124 Failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous, earthquake-prone, or insanitary building |
| 9025 |
s128 Using or occupying a building, or permitting another person to do so, contrary to a territorial authority’s hoarding, fence, or notice |
| 9026 |
s168 Failing to comply with a notice to fix |
| 9027 |
s363 Using, or permitting use of building having no consent or code compliance certificate or certificate for public use for premises for public use |
| 9028 |
s367 Wilfully obstructing, hindering, or resisting a person executing powers conferred under the Act or its regulations |
| 9029 |
s368 Wilfully removing or defacing a notice published under the Act or inciting another person to do so |
| 9031 |
s134 Dam owner failing to classify a dam |
| 9032 |
s138 Dam owner failing to comply with a direction from a regional authority to have a classification re-audited and submitted |
| 9033 |
s140 Dam owner failing to prepare, or arrange the preparation of, a dam safety assurance programme and submit it for audit |
| 9034 |
s145 Dam owner failing to comply with a direction from a regional authority to have a dam safety assurance programme re-audited and submitted |
| 9035 |
s150(4)(a) Dam owner knowingly failing to display a dam compliance certificate required to be displayed |
| 9036 |
s150(4)(b) Dam owner displaying a false or misleading dam compliance certificate |
| 9037 |
s150(4)(c) Dam owner displaying a dam compliance certificate other than in accordance with section 150 |
| 9038 |
s154 Dam owner failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous dam |
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1 The Building Regulations 1992 contain the mandatory New Zealand Building Code, which sets out performance standards that all new building work must meet. It covers aspects such as structural stability, fire safety, access, moisture control, durability, services and facilities.
2 Territorial/regional authorities issue on average 350 formal notices to fix per annum. However, compliance rates are at best 50 percent and as low as 20 percent, so between 500 and 1250 notices to fix per annum are not complied with. Only 1-7 percent of these offences are prosecuted due to the time and cost associated with taking court action. Taking a prosecution generally costs a local authority $3,000-$20,000. Court fines (if given) have ranged from $2,000-$30,000, depending on the nature and level of offending. While the local authority taking the prosecution receives 90 percent of any court-imposed fine, and can, in addition, be awarded costs, these combined rarely cover the prosecution costs.
3 The Summary Proceedings Act, amongst other things, sets out how general infringement notices, fees and associated processes work.
4 Regulatory requirements relating to the Dam Safety Scheme [the Building (Dam Safety) Regulations 2008] will come into force on 1 July 2010.
5 Please note s154 of the Building Act 2004 is currently enforceable.
6 And regional authorities by virtue of s14(3)(b) of the Building Act.
7 These examples are to be treated as possible situations where an infringement notice could be issued rather than an exact narrative of how such a notice is issued or whether it is appropriate to issue such a notice.
8 The building consent authority officer and territorial authority enforcement officer may be one and the same person
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