Regulations 1–4: Preliminary provisions

Regulation 1: The title of the regulations

The objective of the regulation

This regulation states the title of the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations).

Regulation 1 is available on the Legislation website.

MBIE’s guidance on meeting the accreditation requirement

This regulation states the title of the Building (Accreditation of Building Consent Authorities) Regulations 2006.

Regulation 2: Commencement of the regulations

The objective of the regulation

This regulation states the commencement date of the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations).

MBIE’s guidance on meeting the accreditation requirement

This regulatory guidance has been developed to support understanding of the Regulations. 

An applicant must be able to meet, and an accredited organisation or BCA must be able to maintain compliance with, all the regulatory requirements of the scheme detailed in the Regulation and this regulatory guidance from this time.

Regulation 2 is available on the Legislation website.

Regulation 3: The interpretations clause

The objective of the regulation

The objective of this regulation is to clarify the key terms used throughout the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations).

The regulatory guidance below has been developed to support understanding of the Regulations.

Regulation 3 is available on the Legislation website.

MBIE’s guidance on meeting the accreditation requirement

Key term: building control function

Where the Regulations refer to building control functions, it means those functions defined in this clause. Building control functions are defined by reference to the sections of the Building Act 2004 (the Act) that collectively cover making consenting decisions, undertaking inspections, issuing code compliance certificates, compliance schedules and notices to fix.

The definition of building control functions does not include:

• functions undertaken by a territorial or regional authority
• the development and implementation of any policies, procedures and systems
• the undertaking of competency assessments, quality processes or internal audits.

To perform a building control function for a BCA

Building control functions are performed by building control officials (BCOs) who may be employees or contractors of a building consent authority (BCA). BCOs take actions and make consenting decisions related to one or more matters defined in regulation 3 of the Regulations. For example, BCOs who perform a building control function:

• receive, process and decide building consent or certificate of code compliance applications
• issue compliance schedules or notices to fix.

BCOs perform building control functions under a power or authority granted through a BCA’s delegation framework or under contract to a BCA.

Key term: specified New Zealand qualification

This Regulation lists the specified New Zealand qualifications which a BCO performing a building control function by doing a technical job must hold. There is more information about this term and the technical qualification requirements in the regulatory guidance for regulation 18.

Regulation 18 contains MBIE’s guidance for requiring appropriate technical qualifications.

Regulation 3A: Transitional, savings, and related provisions

The objective of the regulation

Regulation 3A links the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations) with Schedule 1 of the Regulations.

The regulatory guidance below has been developed to support understanding of the Regulations.

Regulation 3A is a new regulation. You can view regulation 3A on the Legislation website.

MBIE’s guidance on meeting the accreditation requirement

This regulation contains the standard clause that is used for all transitional and savings schedules included in regulations. The wording is used to allow for any future provisions (inserted by future amendments) to be added to this schedule. While the only transitional provision at this stage relates to fees, it is possible that in the future there will be other transitional or savings provisions that relate to matters other than fees.

Schedule 1 of the Regulations is available on the Legislation website.

Regulation 4: Criteria and standards for accreditation

The objective of the regulation

The objective of this regulation is to make clear that an applicant must meet the criteria and standards for accreditation.

The regulatory guidance below has been developed to support understanding of the Regulations.

Regulation 4 is available on the Legislation website.

MBIE’s guidance on meeting the accreditation requirement

This regulation states that an applicant must be able to meet all the regulatory requirements of the scheme set out in the Building (Accreditation of Building Consent Authorities) Regulations 2006.

The Building Act 2004 is available on the Legislation website.