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Building Act 2004 implementation

This output class involves implementing provisions of the Building Act 2004 with supporting regulations. It includes establishing regulatory schemes and operational frameworks, such as the building consent authority accreditation and registration scheme, providing advice and guidance on the new regulatory systems, and reviewing the Building Code.

Output: Building Code Review: Provide policy advice about the review of the Building Code.

Actual 2006/07 Measures Standard 2007/08 Performance to 30 June 2008
  Quantity
New measure for 2007/08 Submit final report on review of Building Code by 30 November 2007, as required under section 451 of the Building Act 2004 Measure achieved Achieved The report was submitted to the Minister on 30 November 2007 in accordance with the requirements of the Building Act.
  Quality
Measure achieved Report on review delivered on time and meets requirements of section 451 of the Building Act 2004 Quality measure met Achieved The final report was delivered on time and met the requirements of the Building Act 2004.
Measure achieved All operational policy development is undertaken in accordance with our quality standards for policy advice Quality standard met Achieved All operational policy development was undertaken in accordance with our quality standards for policy advice.

Output: Establish Regulatory Schemes: Establish building consent authority accreditation and registration scheme, and dam safety scheme.

Actual 2006/07 Measures Standard 2007/08 Performance to 30 June 2008
  Quantity
New measure for 2007/08 Dam owner accreditation scheme established by March 2008 Measure achieved Not achieved Policy work was completed culminating in agreement not to establish voluntary dam owner accreditation scheme in the form provided for in the Building Act 2004, due to a lack of sufficient incentives for such a scheme to be viable.
New measure for 2007/08 Building consent authority accreditation ‘adequate means' regulations established by 30 November 2007 Measure achieved Not achieved The deadline for this deliverable was extended to 30 June 2008 to allow other higher priority work to be undertaken. Cabinet approval to issue the related drafting instructions was obtained on 19 March 2008. The regulations are expected to be promulgated in 2008/09.
New measure for 2007/08 Building consent authority registration standards and criteria established by 30 November 2007 Measure achieved Achieved Regulations were gazetted and came into force on 1 November 2007.
  Quality
Measure not met Regulatory schemes established on time, and in accordance with the requirements of the Building Act 2004 On time requirements met Achieved Schemes such as the Building Consent Authority Accreditation and Registration Scheme have been established in accordance with the Building Act 2004. The Department's focus has been on those regulations that are mandatory and have statutory deadlines.

Output: Sector Advice and Guidance: Provide advice and guidance for the building sector on the Building Act 2004's new regulatory schemes.

Actual 2006/07 Measures Standard 2007/08 Performance to 30 June 2008
  Quantity
New measure for 2007/08 Building consent authority registration and ‘adequate means' guidance material available by 30 November 2007 Measure achieved Not achieved Guidance material was developed and published in March 2008.
New measure for 2007/08 Dam safety scheme information available, including up to 10 seminars for building officials by 30 June 2008 Measure achieved Achieved Stage one guidance material was released and is on the Department's website. Stage two information will be released once the Dam Safety Scheme regulations are promulgated, due in July 2008.
  Quality
Measure not met Information provided on time, developed in accordance with our guidelines on professional communication, and meets the requirements of the Building Act 2004 On time Guidelines and legislative requirements met Achieved Information provided met the Department's guidelines on professional communication and the requirements of the Building Act 2004.

Commentary on performance

During the year the statutory deadline for completion of phase one of the Building Consent Authority Accreditation and Registration Scheme was extended from 30 November 2007 to 30 June 2008 and then on to 31 March 2009 to allow a small number of the remaining councils greater time to undertake the work required for them to obtain accreditation or to transfer their building consent authority functions. The extended deadline has had a flow-on effect on the timing of some of the Department's related deliverables.

Financial Performance

2007
Actual $000
2008
Actual $000
2008
Main Estimates
$000
2008
Supplementary
Estimates
$000
113 Revenue - Crown - - -
27 Revenue - Departmental 5 - 2
5,125 Revenue - Other 3,167 1,985 3,294
5,265 Total Revenue 3,172 1,985 3,296
5,265 Total Expenses 3,172 1,985 3,296
- Net surplus/(deficit) - - -