New Zealand Law Society - Third reading for Building Amendment Bill

Third reading for Building Amendment Bill

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The Building Amendment Bill had its third reading on 12 June 2019. The bill was introduced on 15 August 2018 by the Minister for Building and Construction, Jenny Salsea.

The bill amends the Building Act 2004 and proposes two new sets of powers to improve the system for managing buildings after an emergency and to provide for investigating building failures. The bill seeks to create a system that is clear, has proportionate effects on personal and property rights, and ensures that heritage values are appropriately recognised.

The proposed powers would enable MBIE to learn from building failures and allow them to improve building regulation to help avoid similar occurrences in the future.

Part 1 of the bill contains amendments to the Building Act 2004.

Clause 5 amends section 7 inserting definitions of constable, heritage building and local authority.

Clause 12 inserts new subpart 6B – Special provisions for buildings affected by an emergency.

Clause 19 inserts new section s 207C to 207S and cross-heading inserted. Powers of chief executive to investigate building failures.

Part 2 contains the amendments to the Civil Defence Emergency Management Act 2002 and the Search and Surveillance Act 2012.

The Act will come into force on a date appointed by the Governor-General by Order in Council, and one or more Orders in Council may be made by bringing different provisions into force on different dates.

Any provisions that have not earlier been brought into force come into force on the day that is 6 months after the day on which this Act receives the Royal assent.