Annual Report 2008/09: Part 4: Additional information
Legislation administered by the Department
The Department administers the following legislation and regulations.
Building Act 2004
- Building Regulations 1992
- Building (Forms) Regulations 2004
- Building (Fee for Determinations) Regulations 2005
- Building Levy Order 2005
- Building (Specified Systems, Change the Use, and Earthquake-Prone Buildings) Regulations 2005
- Building (Accreditation of Building Consent Authorities) Regulations 2006
- Building (Consent Authority Accreditation Fees) Regulations 2007
- Building (Registration of Building Consent Authorities) Regulations 2007
- Building (Designation of Building Work Licence Classes) Order 2007
- Building (Design Work Declared to be Building Work) Order 2007
- Building (Infringement Offences, Fees, and Forms) Regulations 2007
- Building Practitioners (Licensing Fees and Levy) Regulations 2007
- Building Practitioners (Register of Licensed Building Practitioners) Regulations 2008
- Licensed Building Practitioners Rules 2007 [deemed]
- Building Practitioners (Complaints and Disciplinary Procedures) Regulations 2008
- Building (Product Certification) Regulations 2008
- Building (Schedule 1) Order 2008
- Building (Dam Safety) Regulations 2008
Chartered Professional Engineers of New Zealand Act 2002
- Chartered Professional Engineers of New Zealand Rules (No. 2) 2002
- Chartered Professional Engineers of New Zealand (Appeals) Regulations 2002
- Chartered Professional Engineers of New Zealand Levy Regulations 2004
Construction Contracts Act 2002
- Construction Contracts Regulations 2003
Electricity Act 1992 (provisions relating to registration of electrical workers only)
- Electricity Regulations 1997
Engineering Associates Act 1961
- Engineering Associates Fees Regulations 2002
Fencing of Swimming Pools Act 1987
Plumbers, Gasfitters and Drainlayers Act 1976
- Plumbers, Gasfitters and Drainlayers Regulations 1977
Plumbers, Gasfitters and Drainlayers Act 2006
Registered Architects Act 2005
- Registered Architects Rules 2006
Residential Tenancies Act 1986
- Residential Tenancies (Fees) Regulations 1998
- Residential Tenancies Regulations 1998
- Residential Tenancies Rules 1998
Retirement Villages Act 2003
- Retirement Villages (Disputes Panel) Regulations 2006
- Retirement Villages (General) Regulations 2006
- Retirement Villages (Fees) Regulations 2006
- Retirement Villages (Crossdale Courts) Order 2008
- Retirement Villages Code of Practice 2008 (deemed)
Weathertight Homes Resolution Resolution Services Act 2006
- Weathertight Homes Resolution Services (Lower-value Ceiling) Regulations 2002
- Weathertight Homes Resolution Services (Fee) Regulations 2007
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Sector governance
The Department administers a number of Acts and Regulations under which statutory entities are appointed.
The Department provides support to responsible Ministers by monitoring and reporting on the performance of statutory bodies and boards charged with providing building- and housing-related services and functions. The Department's role includes: providing advice on, and evaluating the delivery of the Government's social housing policies through Housing New Zealand Corporation; and advice on appointments and the performance of other building and housing entities such as occupational licensing boards.
The Department also provides support to statutory bodies and boards by providing some induction guidance, registrar functions and other administrative services. The boards/entities that are supported by the Department are listed below, together with the legislation under which the board/entity is established.
Crown entity
- Housing New Zealand Corporation (Housing Corporation Act 1974, Crown Entities Act 2004)
Tribunals and other statutory bodies
- State Housing Appeal Authority (Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000)
- Tenancy Tribunal (Residential Tenancies Act 1986)
- Weathertight Homes Resolution Service (Adjudicators and Mediators) (Weathertight Homes Resolution Services Act 2006)
Occupational licensing boards
- Building Practitioners Board (Building Act 2004)
- Chartered Professional Engineers Council (Chartered Professional Engineers of New Zealand Act 2002)
- Electrical Workers Registration Board and the Complaints Assessment Committee (Electricity Act 1992)
- Engineering Associates Registration Board and the Engineering Associates Investigation Committee (Engineering Associates Act 1961)
- New Zealand Registered Architects Board (Registered Architects Act 2005)
- Plumbers, Gasfitters and Drainlayers Board (Plumbers, Gasfitters and Drainlayers Act 1976)
Chief Executive statutory appointments
- Building Advisory Panel (Building Act 2004)
The Department provides additional administrative and/or operational support to the following boards and entities.
State Housing Appeal Authority
The State Housing Appeal Authority was established under provisions of the Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000. The State Housing Appeal Authority consists of a Principal Member, Deputy Principal Member, and members (the number of members is not specified in the Regulations).
The Principal Member and Deputy Principal Member are appointed by the Governor-General on the joint recommendation of the Minister of Housing and the Minister of Justice.
The purpose of the State Housing Appeal Authority is to determine appeals from applications relating to decisions made by Housing New Zealand Corporation on the:
- assessment of income-related rents
- applicant's eligibility for state housing
- applicant's assessed need for state housing.
There are currently seven members on the Authority, including the Principal Member and the Deputy Principal Member.
The members are:
- Kay McKelvie, Principal Member
- Alister James, Deputy Principal Member
- Dean Hyde*
- Conrad Jackson
- June Kearney*
- Jeannette MacKenzie
- Geoff Tucker*
- Rt Hon Jonathan Hunt
- Gregory Fortuin
- Selma Scott.
The Department employs the Registrar for the Authority.
Building Practitioners Board
The Building Practitioners Board comprises six to eight members who are appointed by the Governor- General on the recommendation of the Minister for Building and Construction under section 344 of the Building Act 2004.
The Minister may accept nominations for membership of the Board, but each member is appointed to undertake the functions and duties of a member, rather than to represent the interests of any person. One member of the Board must be a barrister or solicitor of at least five years' standing.
The functions of the Building Practitioners Board are to:
- approve rules relating to licensed building practitioners that are prepared in accordance with the Act
- receive, investigate, and hear complaints about, and to inquire into the conduct of, and discipline of, licensed building practitioners in accordance with the Act
- hear appeals against certain decisions of the Registrar in accordance with the Act
- review and report to the Minister on the performance of the functions and duties, and the exercise of the powers, of the Board under the Act.
The members of the Building Practitioners Board are:
- Alan Bickers (Chairperson)
- Paul Blackler
- David Clark
- Jane Cuming
- Patrick Lawrence
- Graham Moor
- David O'Connell
- Colin Orchiston.
- The Department employs the Registrar for the Board.
Electrical Workers Registration Board
The Electrical Workers Registration Board comprises seven members all of whom are appointed by the Minister for Building and Construction under the Electricity Act 1992, for a term of up to three years. Members can be reappointed. Five members must be registered or entitled to be registered, and two lay persons must not be registered or entitled to be registered.
The functions of the Electrical Workers Registration Board are to:
- register and license the four classes of registration under the Electricity Act 1992 (electrician, electrical inspector, electrical service technician and line mechanic)
- ensure registered persons maintain an adequate level of competency
- exercise disciplinary power according to the Act and initiate prosecutions for contravention of the Act in cases where the Board considers appropriate.
Complaints Assessment Committees are convened to hear complaints. Complaints Assessment Committees are appointed from a list of members who have been approved by the Minister. Members may be appointed for a term of up to five years.
The members of the Electrical Workers Registration Board are:
- Donald Pryde
- Neil McLeod
- Michael Macklin
- Edwin Eeles (Presiding Member)
- Penelope Mudford (Deputy Presiding Member)
- David Bradshaw
- Stephen Albrecht.
The Registrar is employed by the Department to support the Board in carrying out their functions, and to process licensing applications. The Registrar of the Board is John Sickels.
Building Advisory Panel
The Building Act 2004 provides that the Chief Executive of the Department of Building and Housing appoint a Building Advisory Panel that consists of experts in the building sector.
The Panel provides independent, specialist advice to the Chief Executive on trends in building design, quality and performance, building technology, sustainability, urban planning and consumer issues.
The members of the Building Advisory Panel are:
- Don Hunn (Chairperson)
- Professor Andy Buchanan **
- Mike Fox**
- John Jarvis**
- Ann Magee
- Richard Michael**
- Gordon Moller
- Peter Neilson**
- Peter Neven
- David Russell**
- George Skimming
- Adam Thornton.
The Panel met once during 2008/09.
Quality standards for policy advice
Quality measure
The Department will seek written response, at least four-monthly, from the Minister of Housing for the purchasing and monitoring advice to Housing New Zealand Corporation and the Minister for Building and Construction for all other Departmental appropriations on our performance against the following quality standards. The assessment process will also incorporate an assessment of ministerial satisfaction through a structured discussion with each Minister focusing on the quality standards. The performance target will be 3 (good) or better, on an overall scale of 1 (poor) to 5 (excellent).
We will supply high-quality services meeting the standard quality characteristics below.
We will provide a comprehensive service that:
- has the capacity to act quickly in response to urgent/critical issues
- offers timely and relevant briefings on significant issues
- supports Ministers as required in Cabinet Committees, Select Committees and in the House.
Standard quality characteristics
All advice will include the following.
Purpose
An objective for the policy advice has been clearly stated, including its relationship to the Government's agreed outcomes and objectives.
Focus
A clear and logical statement of the issue or problem and why it necessitates ministerial action.
Viability
Viable options to address the issue are presented and costs/benefits are assessed, winners and losers identified, cost-effectiveness addressed and any value judgements drawn to the attention of the Minister.
Logic and evidence based
The assumptions behind the advice and the logic of how the options will resolve issues and achieve objectives are clear. Assumptions and advice are evidence based.
Accuracy
The facts are accurate and based on reliable research or evaluation findings or other appropriate information.
Practicality
The advice draws on appropriate knowledge and experience, and the practicalities of implementing it are clearly explained, including any industry, legal, machinery of government, Treaty of Waitangi or other issues that require management.
Consultation
Interested government agencies and affected and interested parties have been consulted and their views considered.
Presentation
The advice is presented clearly, logically, in plain and grammatically correct English, free from any typographical or spelling errors, and conforms to the Cabinet Office requirements.
Recommendations
Recommendations are clear, logical, action-oriented and can stand alone from the rest of the advice.
Timeliness
Specified reporting deadlines are met.
Cost
Outturn is within budget.
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Directory
National office contact details
Department of Building and Housing
Level 6, 86 Customhouse Quay
PO Box 10-729, Wellington 6143
Phone: +64 4 494 0260
Fax: +64 4 494 0290
Department's website: www.dbh.govt.nz
Contact us
Tenancy advice and information
Call 0800 TENANCY (0800 83 62 62)
From overseas: +64 4 238 4695
Hours of operation: 8.00 am to 5.30 pm NZT Monday - Friday
Email: info@dbh.govt.nz
Bond advice and information
Call 0800 737 666
From overseas: +64 4 238 4693
Hours of operation: 8.00 am to 5.30 pm NZT Monday - Friday
Email: info@dbh.govt.nz
Building controls and Building Act information
Call 0800 242 243
From overseas: +64 4 238 6362
Hours of operation: 8.30 am to 5.00 pm NZT Monday - Friday
Email: info@dbh.govt.nz
Licensed building practitioners information
Call 0800 60 60 50
From overseas: +64 4 238 6312
Hours of operation: 8.30 am to 5.00 pm NZT Monday - Friday
Email: licensing@dbh.govt.nz
Weathertight services
Call 0800 324 477
From overseas: +64 4 237 1604
Hours of operation: 8:00 am - 5:30 pm NZT Monday - Friday
Fax: 0800 116 189
Email: info@dbh.govt.nz
Sector Policy, Sector Trends and Performance, Service Delivery, Building Quality, Sector Capability and Corporate
Department of Building and Housing
Level 6, 86 Customhouse Quay
PO Box 10-729, Wellington 6143
Phone: +64 4 494 0260
Fax: +64 4 494 0290
Email: info@dbh.govt.nz
Visit us
Call in to one of our main offices or phone 0800 TENANCY (0800 83 62 62) to make an appointment.
We also regularly visit 87 communities around New Zealand to provide information and dispute resolution services to tenants and landlords. To make an appointment, call 0800 83 62 62.
Service location directory
Tenancy advice
Freephone (in New Zealand) 0800 83 62 62 between 8:00 am and 5:30 pm weekdays, for advice or to make an appointment at your local office.
Calling from overseas: +64 4 238 4695
Bond enquiries
Freephone (in New Zealand) 0800 737 666 between 8:00 am and 5:30 pm weekdays.
Calling from overseas: +64 4 238 4693
Fax: (04) 237 7884
PO Box 50 445
Porirua 5240
Mediation and advice is available by appointment in many locations throughout New Zealand. Call 0800 83 62 62 to make an appointment or to talk to someone about a renting problem. You can also visit one of our offices listed below. The offices are generally open between 8:30 am and 4:30 pm weekdays.
We are also available to provide public education to landlords, tenants and related organisations. Call 0800 83 62 62 for more information.
Auckland
Level 3
AXA Building
41 Shortland Street
PO Box 90-172
Auckland 1142
Fax: (09) 375 6402
Christchurch
Level 2
10 Nelson Street
PO Box 22-725
Christchurch 8142
Fax: (03) 341 7754
Hamilton
Level 2
36 Bryce Street
Private Bag 3124
Hamilton 3240
Fax: (07) 834 1571
Manukau
Level 1, CST Nexia Centre
22 Amersham Way
PO Box 76-469
Manukau 2241
Fax: (09) 263 6013
Wellington
Level 6
86 Customhouse Quay
PO Box 10-729
Wellington 6143
Fax: (04) 494 0290
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