Legislative and other reviews
We take a ‘living systems’ approach to our regulatory system, reviewing it regularly to ensure it remains well-managed and fit-for-purpose, while maintaining the sector’s confidence and competitiveness.
We recognise the value of working with the sector and promote and encourage consultation.
We are making changes to the following legislation:
- Fire review
- Building Act 2004, to improve the system for managing earthquake prone buildings
- the Fencing of Swimming Pool Act 1987.
Our Building Performance website explains how to meet New Zealand’s current building and construction legislation and regulation, and provides guidance and resources.
Ongoing initiatives from the 2009 Building Act review
MBIE is implementing a mix of regulatory and other changes over a number of years, in collaboration with the building and construction sector. These packages of reforms flow from a comprehensive review of the Building Act carried out in 2009.
The review found that the building regulatory system is not broken, but that it is costly and inefficient and that:
- there are problems ensuring responsibility sits in the right place
- there are weaknesses in consumer protection
- the system is out of balance with undue reliance on building consent authorities
- a change in culture and behaviour across the system is needed.
Key initiatives include work on:
- clearer accountabilities for owners, designers and building consent authorities
- consumer protection and new remedy measures (for example, Guide to tolerances and Do your homework booklets on our Building Performance website)
- risk-based consenting that will ensure that the amount of checking and inspection required is aligned to the complexity of the work, and the skills and capability of people doing the work
- policy advice on whether any change is needed to the application of joint and several liability
- improving the integration and presentation of, and access to, information supporting the Building Code
- changes to the Construction Contracts Act 2002.
The two pieces of legislation that make the core regulatory changes identified in the review are the:
- Building Amendment Act 2012, to make accountabilities clearer and provide for a risk-based building consent system in the Building Act
- Building Amendment Act 2013, to introduce new consumer protection measures.
Find out how to meet New Zealand’s current building and construction legislation and regulation at our Building Performance website.