Building (Infringement Offences, Fees, and Forms) Regulations 2007 Anand Satyanand, Governor-General Order in Council At Wellington this 17th day of December 2007 Present: His Excellency the Governor-General in Council Pursuant to section 402(1)(y) to (za) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations. Contents 1 Title 2 Commencement 3 Infringement offences 4 Infringement fees 5 Infringement forms Schedule 1 Infringement offences and fees Schedule 2 Infringement notice Schedule 3 Infringement reminder notice Regulations 1 Title These regulations are the Building (Infringement Offences, Fees, and Forms) Regulations 2007. 2 Commencement These regulations come into force on 1 July 2008. 3 Infringement offences The offences described in the first 2 columns of Schedule 1 are infringement offences. 4 Infringement fees The fees specified in the third column of Schedule 1 are the infringement fees for the infringement offences described in the 2 previous columns. 5 Infringement forms (1) The form in Schedule 2 is the infringement notice. (2) The form in Schedule 3 is the infringement reminder notice. Schedule 1 rr 3, 4 Infringement offences and fees Provision of Building Act 2004 Description of offence Fee ($) General building offences s 40 Failing to comply with the requirement that building work must be carried out in accordance with a building consent 750 s 42 Failing to apply for a certificate of acceptance for urgent building work as soon as practicable after completion of building work 500 s 101 Failing to comply with the requirement to obtain a compliance schedule 250 s 108(5)(a) Failing to display a building warrant of fitness required to be displayed 250 s 108(5)(b) Displaying a false or misleading building warrant of fitness 1,000 s 108(5)(c) Displaying a building warrant of fitness other than in accordance with section 108 1,000 s 116B(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 s 116B(1)(b) Using, or knowingly permitting the use of, a building that has inadequate means of escape from fire 2,000 s 124 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 s 128 Using or occupying a building, or permitting another person to do so, contrary to a territorial authority's hoarding, fence, or notice 2,000 s 168 Failing to comply with a notice to fix 1,000 s 363 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 s 367 Wilfully obstructing, hindering, or resisting a person executing powers conferred under the Act or its regulations 500 s 368 Wilfully removing or defacing a notice published under the Act or inciting another person to do so 500 Dam safety offences s 134 Dam owner failing to classify a dam 500 s 138 Dam owner failing to comply with a direction from a regional authority to have a classification re-audited and submitted 250 s 140 Dam owner failing to prepare, or arrange the preparation of, a dam safety assurance programme and submit it for audit 500 s 145 Dam owner failing to comply with a direction from a regional authority to have a dam safety assurance programme re-audited and submitted 250 s 150(4)(a) Dam owner knowingly failing to display a dam compliance certificate required to be displayed 250 s 150(4)(b) Dam owner displaying a false or misleading dam compliance certificate 1,000 s 150(4)(c) Dam owner displaying a dam compliance certificate other than in accordance with section 150 1,000 s 154 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 Schedule 2 r 5(1) Infringement notice Form Infringement notice Section 373, Building Act 2004 (Front page) Notice no: Enforcement authority [specify relevant territorial authority or regional authority] To Full name: Full address: Occupation, if known: Date of birth, if known: Details of alleged infringement offence(s) Provision of Building Act 2004: Description of offence: Date: Time: Place: Fee: Time for payment of infringement fee(s) The infringement fee(s) is (or are) payable within 28 days after [date this notice is delivered personally or served by post]. Place for payment of infringement fee(s) The infringement fee(s) is (or are) payable to [specify address of territorial authority or regional authority]. Method for payment of infringement fee(s) Cheques or money orders must be made out to [specify relevant territorial authority or regional authority] and must be crossed and marked "not transferable" or "account payee only". Issued by: [signature and full name of enforcement officer]. Important: Please read the summary of rights printed over the page. (Back page) Summary of rights Please read this summary. If you do not understand it, you should consult your lawyer immediately. 1 This notice sets out 1 or more infringement offences that you are alleged to have committed. The ways you may deal with the offence are set out below. However, paragraphs 6(b) and (c), 7, and 8 do not apply to you if you enter, or have already entered, into a time-to-pay arrangement under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957. You may act in the same way on all the offences or in different ways on different offences. Payments 2 If you pay the fee for the offence within 28 days after you get this notice, there will be no further enforcement action against you for the offence. You can pay to the territorial authority or regional authority at the place shown on the front page of this notice. Defences 3 You have a complete defence against proceedings for an offence if the fee for the offence has been paid to the territorial authority or regional authority at the place shown on the front page of this notice within 28 days after you get a reminder notice. Late payment is not a defence and neither is payment made at any other place. 4 This paragraph describes a defence additional to the one described in paragraph 3. You must prove either of the following to have the defence: (a) that--- (i) the action or event to which the offence relates was necessary for the purposes of saving or protecting life or health or preventing serious damage to property; and (ii) your conduct was reasonable in the circumstances; and (iii) you adequately mitigated or remedied the effects of the action or event after it occurred; or (b) that--- (i) the action or event to which the offence relates was due to an event beyond your control, including natural disaster, mechanical failure, or sabotage; and (ii) you could not reasonably have foreseen or provided against the action or event; and (iii) you adequately mitigated or remedied the effects of the action or event after it occurred. 5 This paragraph describes a defence additional to those described in paragraphs 3 and 4. This defence is available if--- (a) you are--- (i) a principal; or (ii) an employer; and (b) you may be liable for an offence alleged to have been committed by--- (i) your agent; or (ii) your employee. If you are a natural person, including a partner in a firm, you must prove either of the following to have the defence: (a) that you--- (i) did not know, and could not reasonably be expected to have known, that the offence was to be, or was being, committed; and (ii) took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or (b) took all reasonable steps to--- (i) prevent the commission of the offence; and (ii) remedy any effects of the act or omission giving rise to the offence. If you are a body corporate, you must prove either of the following to have the defence: (a) that--- (i) neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and (ii) you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or (b) that you took all reasonable steps to--- (i) prevent the commission of the offence; and (ii) remedy any effects of the act or omission giving rise to the offence. Further action 6 You may write a letter to the territorial authority or regional authority if you want to do 1 of the following: (a) raise a matter about the circumstances of the offence for the authority to consider; or (b) deny liability for the offence and ask for a court hearing (refer to paragraphs 7 and 11); or (c) admit liability for the offence but have a court consider written submissions (refer to paragraphs 8 and 11). You must sign the letter yourself; direct it to the authority's address shown on the front page of this notice; and ensure it arrives within 28 days after you get this notice. 7 If you deny liability for the offence and ask for a court hearing, the territorial authority or regional authority will consider whether it will bring proceedings against you for the offence. If it decides to bring proceedings, it will serve you with a notice of hearing setting out the place and time at which you will have an oral hearing before the court. 8 If you admit liability for the offence but want to have a court consider written submissions, you must do the following in your letter to the territorial authority or regional authority: (a) admit liability; and (b) ask for a hearing; and (c) set out the written submissions that you want the court to consider. The authority will consider whether it will bring proceedings against you for the offence. If it decides to bring proceedings, it will file your letter with the court. You will not have an oral hearing before the court. Non-payment of fee 9 If you do not pay the fee and do not ask for a court hearing within 28 days after you get this notice, the territorial authority or regional authority will decide whether to serve you with a reminder notice. 10 If you do not pay the fee and do not ask for a court hearing within 28 days after you get the reminder notice, the territorial authority or regional authority will consider whether it will bring proceedings against you for the offence. If it does, you are liable to pay a fine and court costs. Queries and correspondence 11 When you are writing to the territorial authority or regional authority or paying a fee, please state--- (a) the date of the offence; and (b) the number of this infringement notice; and (c) if this notice sets out more than 1 offence, whether you are paying all the fees for all the offences; and (d) if paragraph (c) does not apply, how you are dealing with each offence; and (e) your full address for replies. If it is not clear which offence a payment is for, the payment may be treated as for the offences in the order in which they are set out on the front page of this notice. All queries and correspondence about the offence(s) must be made to the territorial authority or regional authority at the address shown on the front page of this notice. Schedule 3 r 5(2) Infringement reminder notice Form Infringement reminder notice Section 402(1)(za), Building Act 2004 (Front page) Notice no: Territorial authority [specify relevant territorial authority or regional authority] To Full name: Full address: Occupation, if known: Date of birth, if known: Details of alleged infringement offence(s) Provision of Building Act 2004: Description of offence: Date: Time: Place: Fee: Time for payment of infringement fee(s) The infringement fee(s) was (or were) payable within 28 days after [date infringement notice was delivered personally or served by post]. Place for payment of infringement fee(s) The infringement fee(s) remains (or remain) payable to [specify address of territorial authority or regional authority]. Method for payment of infringement fee(s) Cheques or money orders must be made out to [specify relevant territorial authority or regional authority] and must be crossed and marked "not transferable" or "account payee only". Issued by: [signature and full name of enforcement officer]. Details of service (To be provided for filing in court) Infringement notice served by [method of service] on [date of service]. Reminder notice served by [method of service] at [full address of service] on [date of service]. Important: Please read the summary of rights printed over the page. (Back page) Summary of rights Please read this summary. If you do not understand it, you should consult your lawyer immediately. 1 You did not pay the infringement fee described on the front page, or ask for a hearing, within 28 days after you got the infringement notice. That is why you have been served with this reminder notice. 2 You will become liable to pay a fine and court costs if--- (a) you do not pay the fee; and (b) you do not ask for a hearing within 28 days after getting this reminder notice; and (c) the territorial authority or regional authority decides to bring court proceedings against you. 3 You have a defence if you prove either of the following: (a) that--- (i) the action or event to which the offence relates was necessary for the purposes of saving or protecting life or health or preventing serious damage to property; and (ii) your conduct was reasonable in the circumstances; and (iii) you adequately mitigated or remedied the effects of the action or event after it occurred; or (b) that--- (i) the action or event to which the offence relates was due to an event beyond your control, including natural disaster, mechanical failure, or sabotage; and (ii) you could not reasonably have foreseen or provided against the action or event; and (iii) you adequately mitigated or remedied the effects of the action or event after it occurred. 4 In addition to the defence described in paragraph 3, you have a defence if--- (a) you are--- (i) a principal; or (ii) an employer; and (b) you may be liable for an offence alleged to have been committed by--- (i) your agent; or (ii) your employee. If you are a natural person, including a partner in a firm, you must prove either of the following to have the defence: (a) that you--- (i) did not know, and could not reasonably be expected to have known, that the offence was to be, or was being, committed; and (ii) took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or (b) that you took all reasonable steps to--- (i) prevent the commission of the offence; and (ii) remedy any effects of the act or omission giving rise to the offence. If you are a body corporate, you must prove either of the following to have the defence: (a) that--- (i) neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and (ii) you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or (b) that you took all reasonable steps to--- (i) prevent the commission of the offence; and (ii) remedy any effects of the act or omission giving rise to the offence. 5 If you pay all the fees for all the offences described in the infringement notice in a lump sum, please provide a note of--- (a) the infringement notice number; and (b) the date of each infringement offence; and (c) the identifying number of each offence. 6 If you do not pay all the infringement fees for all the offences described in the infringement notice in a lump sum, please provide a note of--- (a) the offences you are paying fees for; and (b) the offences you are not paying fees for; and (c) what you are doing about the offences you are not paying fees for; and (d) your full address for replies. All queries and correspondence about the offence(s) must be made to the territorial authority or regional authority at the address shown on the front page of this notice. Rebecca Kitteridge, for Clerk of the Executive Council. Explanatory Note This note is not part of the regulations, but is intended to indicate their general effect. These regulations specify the offences under the Building Act 2004 that may be dealt with as infringement offences. The regulations also prescribe forms for infringement notices and infringement reminder notices. The regulations come into force on 1 July 2008. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 20 December 2007. These regulations are administered by the Department of Building and Housing.