Chris Murphy

Building control changes: the on-going battle against the leaking building

In 2004 the New Zealand government reviewed the New Zealand Building Act. The review was prompted by increasing concern at the lack of weathertightness evident in buildings constructed since the initial performance-based Building Act was passed in 1991. Now, in 2010, some six years after the 2004 review and against a continued backdrop of non-performing leaking buildings, the government is preparing to review the Building Act again. This article will provide a brief history of the controversy surrounding building underperformance in New Zealand since the initial act was passed. It will summarize the changes brought about by the 2004 Building Act. It will also discuss reasons for the governments desire to yet again initiate amendments, particularly in areas related to the exemption of minor works, low-risk dwellings and the rationalization of building consent processes. The article reinforces the view that changes lessening the degree of oversight by Building Consent Authorities (BCAs) to building work should proceed cautiously, and then only after the appropriate back-up legislative and educational systems have had time to coalesce and prove their effectiveness.

Keeping the builder honest: an analysis of recent building code initiatives in New Zealand

The passing of the Building Amendment Act 2012 into law in March 2012 completes the long-term proposal by the Government to license New Zealand (NZ) building practitioners. The Licensed Building Practitioners Scheme (LBPS) is a Government response to a critical review of the NZ building industry by the 2002 Report of the Overview Group on Weathertightness of Buildings. Its implementation restricts certain aspects of the design and construction of residential buildings to licensed personnel. This paper will examine the role the LBPS will play within the building industry. Submissions on the merits of the scheme are examined, evaluated and compared to an industry survey completed six months after the schemes introduction in March 2012. It supports the view that the transfer of responsibility to the private sector, of which the LBPS is a part, runs the risk of failure unless legislative and educational systems supporting the intended role have had time to coalesce and prove their effectiveness.