Building Amendment Act 2005

In April the Building Amendment Act 2005 came into force and included clarifying the roles of local authorities in three areas.

• Clarified references throughout the Act to territorial authority and regional authority.
• Clarified the role of territorial authorities and regional authorities in relation to buildings that include dams.
• Building consent authority functions in the coastal marine area become a territorial authority responsibility.

Dams

The Building Act 2004 (the Act) makes special provisions for dams relating to two distinct functions, which will be the responsibility of regional authorities:

• building consent processing for dams
• dam safety.

Building consent processing for dams

A regional authority cannot process building consent applications for buildings that are dams (ie, perform the functions, duties and powers of a building consent authority under the Act) until it achieves accreditation and registration as a building consent authority.

The transitional provisions of the Act provide for territorial authorities to perform the functions of a building consent authority for all buildings (including dams). If a territorial authority acts as a building consent authority during the transition, it must be taken to have all the functions, duties and powers of a building consent authority under the Building Act. This includes a building consent authority's functions and duties in relation to dams.

In practice, until a regional authority achieves registration and accreditation as a building consent authority, the relevant territorial authority will continue to provide building control functions for buildings that are dams.

Dam safety

The dam safety provisions of the Act require regional authorities to administer and monitor dam safety. They must:

• hold a register for dams
• consider and approve dam classifications (based on potential impact categories) submitted by dam owners
• approve dam safety assurance programmes
• prepare and implement a policy on dangerous dams.

Much of the administration of the dam safety regime commences once regulations are in place. The table below provides a summary.

Dam safety regulations

The Department will soon release a public discussion document on implementing the dam safety regime. The discussion document will cover proposals regarding regulations, including:

• competency and qualifications requirements for 'recognised engineers'
• dam classification and criteria and standards for dam safety assurance programmes
• definitions applying to dangerous dams
• criteria and standards for dam owner accreditation.

The Department is grateful to the Dam Safety Working Group for assistance with the technical components of the discussion document. The Group comprised representatives from industry, regional authorities and the New Zealand Society on Large Dams (NZSOLD).

Role and responsibility

Functions	Transition	Post-transition
Building consent authority functions for buildings	Territorial authorities	Territorial authorities
Building consent authority functions for buildings that are dams	Territorial authorities	Regional authorities
Dam safety Dam classification Dam safety assurance Dam compliance certificates Policy on dangerous dams	Regional authorities -no transition