Building infringement scheme guidelines
These guidelines are intended to help territorial and regional authorities to implement the Building (Infringement Offences, Fees, and Forms) Regulations 2007 (the Building Infringement Regulations), as amended in 2012. They may also help territorial and regional authorities develop policies around how to enforce the Regulations.
It sets out the provisions for penalties and provides guidelines for their issue and enforcement. It includes a 'summary of rights' for any notice and offence codes.
Purpose
The guidelines will help you to decide when an infringement notice is the right tool to use to encourage compliance with the Building Act 2004 (the Building Act).
While these guidelines are intended to assist territorial authorities and regional authorities in considering the implementation of the Building Infringement Regulations, it is the responsibility of a territorial authority or regional authority to develop, approve and implement policies and procedures in the enforcing of the Building Infringement Regulations. Territorial/regional authorities should seek their own legal advice on the development and implementation of those policies and procedures.
Guidance
This is intended as a general guide to the Building (Infringement Offences, Fees, and Forms) Regulations 2007 (‘Building Infringement Regulations’) made under the Building Act and should be read in association with the Regulations. While MBIE has taken every care in preparing this document, it should not be relied upon as establishing the requirements of the Building (Infringement Offences, Fees, and Forms) Regulations 2007 under the Building Act. Readers should always refer to the Building Act and the Regulations as the source documents, and be aware that for specific situations or problems it may be necessary to seek independent legal advice.
The New Zealand Legislation website for copies of the Building Act and the Regulations.