Building System Legislative Reform - Submission Form - Hamilton City Council
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Building System Legislative Reform Submission Form
Introduction
The Ministry of Business, Innovation and Employment (MBIE) invites feedback on proposals to
reform the building regulatory system.
MBIE appreciates your time and effort in responding to this public consultation.
How long it will take to complete the submission form
The full submission form will take about 50 minutes to complete. The actual time will depend on the
number of section(s) you choose to complete and how much detail you want to provide. You can
choose to skip individual questions or entire sections that aren’t relevant to you.
This consultation will close at 5:00pm on Friday 16 June 2019.
Use of information
We will use the information in submissions to refine the proposals. We may contact people or
organisations that submit feedback to clarify points they’ve made.
MBIE may publish your feedback unless you ask us not to; your feedback is subject to the Official
Information Act (OIA)
MBIE will publish a consultation report summarising the results of the consultation. If you don't want
your name or any personal information to be included in anything we publish, please indicate this on
the next page of this survey.
People will be able to obtain copies of your submission by making a request under the Official
Information Act 1982. If you want us to keep some sections confidential, mark these sections clearly
in the comment box for the relevant question and tell us why you’d like it withheld (i.e. commercial
sensitivity, etc). MBIE will take your reasons into account and will consult with you when responding
to requests under the Official Information Act.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 2
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Submission templateA little bit about you
Your contact details
Name: Phil Saunders
Company: Hamilton City Council
Email address: phil.saunders@hcc.govt.nz
• I would like to be anonymous in MBIE's published consultation results.
☐ Yes ☒ No
• Are you representing others?
☐ No, just my self
☒ Yes, I represent a company or an organisation
Company/Organisation title: Hamilton City Council
• The best way to describe your role is:
☐ Architect ☐ Builder ☒ Building Control Officer
☐ Building owner ☐ Designer ☐ Developer
☐ Electrician ☐ Engineer – Fire ☐ Engineer – Geotechnical
☐ Engineer – Structural ☐ Engineer – other ☐ Homeowner
☐ Manufacturer/supplier/off-site manufacturer
☐ Plumber/gasfitter/drainlayer
☐ Other (please specify) __________________________________
It should be noted that the following feedback is from staff at Hamilton City Council
and does not necessarily represent the views of the Council itself.
Yours faithfully
Richard Briggs
CHIEF EXECUTIVE
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 3
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Submission templatePart 2: Building Products and Methods
MBIE wants stakeholders' feedback on seven proposed changes:
1. Widen the purpose of the Building Act to include the regulation of building products and
methods.
2. Provide clear definitions for ‘building product’ and ‘building method’.
3. Require product manufacturers and suppliers to supply information about their building
products. Set minimum standards for that information. This would not apply to building
methods.
4 Clarify responsibilities of manufacturers, suppliers, designers and builders for building
products and building methods.
5. Give MBIE the power to compile information to support an investigation into a building
product or method.
6. Strengthen the framework for product certification for building products and methods.
7. Enable a regulatory framework for modern methods of construction, including off-site
manufacture.
Proposal 1 -Widen the purpose of the Building Act to include the regulation of building
products and building methods.
2.1 Do you agree with expanding the purpose of the Building Act to include the regulation of
building products and methods and their use?
☒ Yes ☐ No
Please tell us why or why not.
This will tighten the requirements for product manufacturers to provide technical data
around their product which will assist the industry (designers, builders and owners) to select
products that are fit for purpose.
Proposal 2 - Clearly define ‘building product’ and ‘building method’.
Include the following definitions in the Building Act:
• A ‘building product’ is any component or system that could be reasonably expected to be
incorporated into building work. A system is a set of at least two components supplied and
intended to be used together to be incorporated into building work.
• A ‘building method’ is a specific way of using a product or system in building work.
2.2 Do you agree with the proposed definition of ‘building product’?
☒ Yes ☐ No
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 4
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Submission templatePlease tell us why or provide your suggested definition.
________________________________
2.3 Do you agree with the proposed definition of ‘building method’?
☒ Yes ☐ No
Please tell us why or provide your suggested definition.
________________________________
2.4 Do these definitions provide sufficient scope to account for new and emerging technologies?
☐ Yes ☒ No
Please tell us why or what is not covered.
There is likely to be some confusion as to the definitions. For example, people may consider
MMC to be both a building product and a building method. From our thinking, a building
product should be defined as a product or component making up parts of a building. A
building method of construction is just a construction methodology.
Proposal 3 - Set minimum standards for information about building products and require
manufacturers and suppliers to supply that information.
Product manufacturers and suppliers (including importers) would need to provide publicly accessible
information about building products.
Set minimum information requirements for building products (through regulations).
2.5 Do you support the proposal to require manufacturers and suppliers to supply information
about building products?
☒ Yes ☐ No
Please tell us why.
We have problems now with products imported into New Zealand that are not fit for
purpose. Making sure that manufacturers have to supply information about their products
means we will eliminate products that are not fit for purpose.
2.6 (For designers, builders and building consent authorities) Would the proposed minimum
information requirements for building products help you make good decisions about
products?
☒ Yes ☐ No
Please tell us why or what’s missing.
Same reasoning applies that if we have information about the product then we are able to
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 5
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Submission templateassess it as being fit for purpose.
2.7 (For designers, builders and building consent authorities) Do you need any other
information to help you decide whether a building product will result in building work that
complies with the building code?
☒ Yes ☐ No
Please tell us why or what other information can help you decide.
As above.
2.8 (For manufacturers and suppliers) How closely do the proposed minimum information
requirements reflect what you already provide?
Much less than Much more than
Similar to what is
what is already what is already
already provided
provided provided
☐ ☐ ☐ ☐ ☐
☐ I don’t know
2.9 (For manufacturers and suppliers) Would there be a financial impact on your business to
provide the proposed minimum product information for your products?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☐ ☐
2.10 (For manufacturers and suppliers) Please tell us your estimated cost increase in NZD and
include any relevant information on how it was calculated (e.g. the number of products you
produce or supply).
(please leave your comments here)
Proposal 4 - Clarify the responsibilities of manufacturers, suppliers, designers and builders
for building products and building methods.
• Create an explicit responsibility on manufacturers and suppliers to ensure that a building
product is fit for its intended purpose.
• Clarify that builders cannot use a different building product or building method to the
product or method specified in the building consent without an appropriate variation to the
consent.
• Clarify the responsibilities of builders and designers to ensure that the building products and
methods specified or used will result in building work that complies with the code.
2.11 Do you support the proposals to clarify roles and responsibilities for manufacturers,
suppliers, designers and builders?
☒ Yes ☐ No
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 6
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Submission templatePlease tell us why.
The product specified will be checked as fit for purpose by the designer and the
builder/designer will need to notify the BCA of any changes, which will be documented
through a variation to the approved building consent. This provides for a clear package that
assures compliance and fit for purpose products are used. The responsibility is put where it
should be with i.e. the people that are involved in the design and construction of the
building.
2.12 Is the current threshold and process for variations to consent appropriate for all
circumstances?
☒ Yes ☐ No
Please tell us why.
It works well if you include the above proposals and make the appropriate people take
responsibility for variations to the building consent.
Proposal 5 - Give MBIE the power to compel information to support an investigation.
2.13 Do you support the proposal to give MBIE the power to compel information to support
investigations?
☒ Yes ☐ No
Please tell us why.
________________________________
2.14 Would MBIE’s ability to compel information about building products or methods and share
this with other regulators have unintended consequences? If so, what might these
unintended consequences be?
☐ Yes ☒ No
Please tell us why.
________________________________
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 7
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Submission templatePotential impacts of the proposed changes
2.15 Do you think the impact of the proposed changes to the regulation of building products and
building methods (proposals 1-5) would be positive or negative? What do you think the
impact might be?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us what the impact might be.
Regulating building products and building methods is long overdue. This puts responsibility
on the parties to do their own due diligence and research that building products and
methods they specify in the construction of a building are fit for purpose. The issue right now
is that the designers, manufacturers and other parties to the preparation of an application
for building consent don’t really have to prepare as they know the BCA will check their
application and advise them of the shortfalls. In that process, the BCAs get blamed for being
tardy and holding up progress. A designer submits a statement that his/her design complies
with the Building Code. In fact, it seldom does, so this proposal may address that to some
extent and place the responsibility on the designer and builder to get it right.
2.16 How do you think the proposed changes to the regulation of building products and building
methods would change how you and your business/organisation operates?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us why.
As above - it should improve the speed of consenting.
MBIE proposes a two-year transition period for product information, six months for other
proposed changes (proposal 1, 2, 4 and 5).
2.17 How long do you think the transition period for product information needs to be to ensure
manufacturers and suppliers are prepared for the changes?
☐ Less than two years ☒ Two years ☐ More than two years
Please tell us why.
We need to set a realistic and achievable target and get on with it, otherwise manufacturers
and suppliers will not exercise urgency in getting there.
2.18 How long do you think the transition period for the changes to responsibilities needs to be so
that people are prepared for the changes?
☒ Six months ☐ More than six months
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 8
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Submission templatePlease tell us why.
As above - set a realistic and achievable target and get on with it.
2.19 If the clarified roles and responsibilities came into force before the minimum requirements
for product information, what would be the impact?
The impact would be positive, allowing a further 18 months before the transition to product
information.
Proposal 6 - Strengthen MBIE’s role as the product certification owner and regulator.
Allow for regulations to set requirements on product certification bodies and for the accreditation
and registration of product certification bodies.
Allow for regulations to set out the process and requirements for registering a product certificate.
Allow MBIE to set rules for the interactions between participants in the product certification
schemes.
Provide MBIE with the powers needed to administer the registers of product certification bodies and
product certificates.
2.20 (For product manufacturers and suppliers) Would the changes proposed to the framework
for product certification make product certification a more attractive compliance pathway
for your products?
☐ Yes ☐ No
Please tell us why or what changes to product certification you think are necessary.
________________________________
2.21 (For designers) How would the proposed settings to the framework for product certification
impact your product specification in building designs?
☐ No change ☐ I’d specify fewer certified products ☐ I’d specify more certified products
Please tell us why.
________________________________
2.22 (For building consent authorities) Would the changes to the product certification scheme’s
settings increase your confidence that a product or method with a product certificate will
perform as intended?
☒ Yes ☐ No
Please tell us why.
Product certification needs to be carefully controlled by the governing body (MBIE), as has
been shown through the recent debacle around the certification scheme. Reliance on third-
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 9
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Submission templateparty approvals and the way products are assessed and for what purpose needs to be
carefully and fully scoped from the outset. Define the scope of the product or method to
ensure it is a complete product or method.
Proposal 7 - Enable a regulatory framework for modern methods of construction (MMC),
including off-site manufacture.
Amend the Building Act to enable a regulatory framework that would future-proof the building
regulatory system for MMC. Features of this framework include:
• enabling a manufacturer certification scheme for repeatable manufacture processes used to
produce building work
• clarifying what roles and responsibilities for MMC will be when the new framework is in
place
• minimising duplication of effort by: not requiring two consents for the same building work
and considering whether to require BCAs to accept each other’s consents and Code
Compliance Certificates.
2.23 Are these the correct features for a future-proofed regulatory framework for MMC?
☒ Yes ☐ No
Please tell us why.
There is no duplication of effort in terms of the current two consents required for a
relocatable building. The first consent would be for the manufacture of the purpose-built
relocatable building. The second consent would be for the site works, services etc required
when the building is put on a site. A building that has already been constructed should have
been issued with a CCC and there will be a further CCC for the relocation siteworks only. Any
BCA that is requiring another consent for the already constructed building when relocated is
not applying the Building Act correctly and should be investigated as they have it wrong.
2.24 What would be the impact of such a regulatory framework for MMC?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us what the impact might be.
Buildings constructed off-site are generally to a high standard and most factory setups have
excellent processes in place.
2.25 (For manufacturers of MMC, including off-site manufacture) How would the proposed
framework impact your business?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☐ ☐
Please tell us what the impact might be.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 10
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Submission template________________________________
2.26 (For manufacturers of MMC, including off-site manufacture) Would you use the
manufacturer certification scheme?
☐ Yes ☐ No
How would it need to be designed to work for you?
________________________________
2.27 (For building consent authorities) What would be the impact of a requirement for BCAs to
accept one another’s consents and code compliance certificates?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us what the impact might be.
There should be no impact as explained in 2.23 above - it seems some BCAs don’t understand
that you cannot demand another consent for something that already has one. Such BCAs are
obviously not aware of their parameters in terms of the Building Act and would benefit from
MBIEs guidance in this area.
Final thoughts
2.28 If you have any other comments on the proposals for building products and methods, please
tell us.
The unnecessary duplication of consents by only a small number of BCAs could be easily
tidied up through some good communications from MBIE.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 11
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Submission templatePart 3.1: Occupational Regulation of the Licensed Building Practioner
(LBP) Scheme
MBIE wants stakeholders' feedback on two proposals:
1. Broaden the definition of restricted building work (RBW) to include more complex non-
residential building work.
2. Raise the competence standard for LBPs to enter and remain in the LBP scheme. This
includes proposals to:
• Introduce a tiered licensing system for LBPs to establish a progression pathway,
including a specific licence for supervision.
• Simplify the licence class categories.
• Introduce behavioural competence requirements for LBPs.
Proposal 1 - Broaden the definition of restricted building work (RBW) to include more
complex non-residential building work.
3.1.1 How effective do you think expanding the scope of RBW would be in managing risks to
public safety in the building sector?
Not effective Somewhat effective Very effective
☐ ☐ ☐ ☐ ☒
3.1.2 Do you agree with the proposed threshold for the definition of RBW?
☒ Yes ☐ No
Please tell us why.
There needs to be some care taken where there may be a very limited number of
individuals with the competency to meet the higher thresholds. So, the thresholds need to
be set at a level that allows for a number of current competent people to be able to move
into the higher-level competencies. The bar also needs to be attainable through
development and experience for other less competent people to be able to attain the
higher levels - there needs to be a training programme introduced that less competent
individuals can utilise to assist them in attaining the higher-level licenses. MBIE should lead
that. The new scope has to clearly identify the risks.
3.1.3 (For builders) What impacts do you think the proposals for RBW would have on you and
your business (including type of work, recruitment, training and costs)?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☐ ☐
Please tell us what the impact might be.
________________________________
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 12
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Submission template3.1.4 What impacts do you think the proposals for RBW would have on homeowners, building
owners and building occupants?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us what the impact might be.
It must have a positive impact given that it lifts the competency bar. However, it will likely
raise the costs of construction to some extent but give greater security of investment.
3.1.5 How do you think the proposed changes to the LBP scheme would affect the behaviour of
LBPs?
With any luck it should make them more risk-averse and take more care in their decision-
making.
3.1.6 What impact do you think expanding the scope of RBW would have on the construction
sector skill shortage?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us what the impact might be.
It will have a positive impact in lifting the skill level ultimately - lack of skilled people
should, through time, reduce as more tradespeople gain the higher-level competencies.
Proposal 2 - Higher competence requirements to increase confidence in the LBP scheme.
3.1.7 How effective do you think raising the competence standards for the LBP scheme would
be in increasing confidence in the LBP scheme?
Not effective Somewhat effective Very effective
☐ ☐ ☐ ☐ ☒
Please tell us why.
Consumer confidence will increase with improved competence standards that focus on fit
and proper persons, the right skillset and supervisory roles.
3.1.8 What impact would changing the competence standards for the LBP scheme have on
builders, building companies, building sector associations and training organisations?
Again, there will be a positive spin-off for builders and building companies in raising the
profile of the industry and competency level of individuals over time. That said, this all
needs to be supported by a suite of training that, in our view, needs to be led by MBIE.
3.1.9 (For builders) Would introducing tiered licence classes make you more likely to apply to
become an LBP?
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 13
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Submission template☐ Yes ☐ No
Please tell us why.
________________________________
3.1.10 (For builders) If you’re already an LBP, would you be likely to apply to become licensed
under a new supervision licence class?
☐ Yes ☐ No
Please tell us why.
________________________________
3.1.11 (For builders) Do you still see potential value in having a site licence for residential and
commercial building projects?
☐ Yes ☐ No
Please tell us why.
________________________________
3.1.11a How can a site license contribute to the coordination of building work?
There is already someone on the building site coordinating the trades and supervising to
some extent, so really this is formalising what happens in reality. The site licensee may or
may not have a lot of take-up, depending on how the industry and individuals view their
exposure to recourse in the event they are held responsible - potentially the site license
may be held responsible for any issues attributed to the construction of the building.
MBIE needs to consider the downstream effect on the individual site license holder and
ensure there are measures in place, so they understand their risk and also understand
how they can protect themselves from risk.
3.1.12 (For builders) Who do you think should be responsible for coordinating building work on a
site and what skills are required for this type of role?
3.1.13 Do you think that the introduction of a fit and proper person test and a code of ethics for
LBPs would help to ensure that building professionals are held accountable and improve
the public’s confidence in the LBP scheme?
Yes No
Fit and proper person test ☒ ☐
Code of the ethics for LBPs ☒ ☐
Please tell us why.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 14
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Submission templateThis provides confidence for everyone (including consumers/building owners) that LBPs
have been screened and are recognised as fit and proper people who are competent
professionals in their industry.
MBIE proposes a transition period to implement the changes.
• reassess every existing LBP under the new competency standards after two years
(November 2022); reassessment would be done when each licence comes up for renewal.
• assess new LBP applicants under the new competency standards; assessment would start in
November 2022.
3.1.14 Do you agree the proposed timeframe for the changes to the LBP scheme is sufficient?
☒ Yes ☐ No, it’s too long ☐ No, it’s too short
Please tell us why.
We understand the transition period will take a number of years to put in place.
3.1.15 What should we consider in setting the transition timeframe?
We agree with the proposed actions set out in Table 3.1.3 of the discussion document.
Final thoughts
3.1.16 If you have any other comments on the proposals for LBPs, please tell us?
Reiterate that the bar needs to be set at an attainable level and there needs to be a suite
of training that allows for current and new LBPs to aspire to and achieve the higher-level
licenses. Care should be taken around the site LBP proposal, particularly understanding
how many individuals are likely to apply for a site license, that other less competent
individuals can aspire to a site license, and that there are a number of steps that site
license LBPs can take to protect their risk of liability.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 15
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Submission templatePart 3.2 Occupational Regulation of Engineers
MBIE wants stakeholders’ feedback on the three proposals:
1 Establish a new voluntary certification scheme that provides assurance of an engineer’s
professionalism and general competency and phase out Chartered Professional Engineer
(CPEng).
2 Restrict who can carry out or supervise safety-critical structural, geotechnical and fire-
safety engineering work within the building sector. This would cover all medium to high
complexity work and be triggered by factors such as building size, use and location.
3 Establish a new licensing scheme to regulate who can carry out or supervise engineering
work that has been restricted.
Proposal 1 - Establish a new voluntary certification scheme that provides assurance of an
engineer’s professionalism and general competence and phase out CPEng.
3.2.1 Do you agree that there is a need for a statutory mark for engineers of professionalism
and general competence to solve complex engineering problems?
☒ Yes ☐ No
Please tell us why.
As a BCA we have always struggled to obtain information about the general competence
of an engineer, down to the point where a former IPENZ registrar has told us that an
engineer, regardless of experience, can design anything (we did not agree with him).
Setting a mark where an engineer will be judged on a level of competency matches with
other expectations across the construction industry - LBP, Building Control Officer etc.
3.2.2 How well do you think CPEng currently provides this assurance? What do you think needs
to change?
There is no assurance and it comes down to BCA reliance on an individual engineer’s
experience and what we know about that individual. This is simply not good enough.
There is sometimes a level of arrogance and an attitude of “we know best” at the highest
level in the engineering profession. This needs to change and unless MBIE forces that
change as proposed, we do not believe it will ever happen. We consider the proposed
changes do not go far enough and allowing engineers a voluntary certification scheme is
unlikely to succeed. In our view, from a BCA perspective, we would expect if MBIE is
intent on providing assurance of an engineer’s professionalism and general competence,
then make the proposed changes mandatory as you have done for the others such as
Building Control Officers and LBPs.
3.2.3 Do you agree that a new title is needed for engineers that have been certified? If so, do
you have a view on what that title should be?
☒ Certified engineer ☐ Chartered engineer ☐ Other (leave your suggestion below)
Please tell us what the title should be if you chose ‘other’.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 16
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Submission templateCertified depicts competency in our view, but other titles may be equally appropriate.
3.2.4 For engineering work on buildings that does not require specialised skills, do you think
certification would provide sufficient assurance of general competence and reduce the
risks of substandard work?
☐ Yes ☒ No
Please tell us why.
We consider this depends on the scope of the work - scope of work that doesn’t require
specialised skills is very unclear and there needs to be some scope of that level of work
and why it is justified as not needing specialised skills - needing specialised skills is why
people engage an engineer in the first instance.
Proposal 2 - Restrict who can carry out or supervise safety-critical structural, geotechnical
and fire safety engineering work within the building sector. This would cover all medium-
to-high complexity work and be triggered by factors such as building size, use and
location.
3.2.5 Do you agree that life safety should be the priority focus determining what engineering
work is restricted?
☒ Yes ☐ No
Please tell us why.
Life safety is the key measure.
3.2.6 What combination of the following factors should be used to determine what engineering
work is restricted: building size, building use, ground conditions, other?
☒ Building size ☒ Building use ☒ Ground conditions ☒ Other (please specify below)
Please specify what might be included and why.
This is too complex in our view to provide a simple answer as there are any number of
factors requiring consideration as well as those stated. For example, earthquake risk
likelihood, topography, exposure to hazards, type of construction and so on. We suggest
that there needs to be further discussion on this issue, as it is not a simple matter of
defining a few key factors that will determine if it is restricted work or otherwise. Modern
buildings, regardless of size or use, can be very complex structures that require careful
attention to structural design and the risk in merely identifying a combination of obvious
factors is that we don’t account for the not so obvious.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 17
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Submission templateProposal 3 - Establish a new licensing scheme to regulate who can carry out or supervise
engineering work that has been restricted.
3.2.7 In your opinion, does geotechnical, structural and fire safety engineering work pose the
greatest life safety risk in the building sector?
Yes No
Geotechnical work ☒ ☐
Structural work ☒ ☐
Fire safety engineering work ☒ ☐
3.2.7a Do you think there are any other engineering specialities that pose greater life-safety risks
in the building sector that are not included here?
☒ Yes ☐ No
Please tell us more.
Electrical, HVAC, Mechanical, and Hydraulic.
3.2.8 3.2.8 Do you agree that engineers should satisfy the requirements for certification before
they could be assessed for licensing?
☒ Yes ☐ No
Please tell us why.
________________________________
3.2.9 What impact do you think the restrictions and licensing would have on the number of
engineers who can carry out or supervise engineering work on buildings that require
technical competence in a specialised field?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us what the impact might be.
Our view is there should only be technically competent engineers with experience in the
relevant discipline carrying out the specialised work. We think that amounts to safe
practice.
3.2.9a Do you feel that there are enough engineers with the necessary technical competence to
meet any new demand?
☐ Yes ☒ No
Please tell us why.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 18
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Submission templateFrom our experience the whole construction industry lacks the number of skilled
professionals required to meet demand. The engineering fraternity is no different and
there is a heavy reliance on a few experienced and skilled practitioners. That demand is
too great in our view. This can lead to engineers without the appropriate experience
designing structures that are beyond their competency level. The risk is getting it wrong,
resulting in a failure.
3.2.10 3.2.10 What impact do you think the restrictions and licensing would have on the cost of
engaging an engineer?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☒ ☐
Please tell us what the impact might be.
We consider any costs will be inevitably passed onto the building owner. However, given
we believe the changes provide for a safer environment, then in our view any increased
charges to cover an engineer’s costs will have a positive outcome.
3.2.11 How effective do you think the proposed restrictions and licensing would be in reducing
the risks to public safety from substandard engineering work?
Not effective Somewhat effective Very effective
☐ ☐ ☐ ☒ ☐
Please tell us why.
In our view the transition is planned to take a number of years and we accept that will
require time to ensure we get this right as it is a major change for professional engineers.
If we get this right and we have engineers with the right experience and competency
working on buildings within their area of expertise, then we submit there will be a
reduction in substandard work.
3.2.12 If you engage a licensed engineer, would you feel confident that the engineer has the
necessary technical competence to do the work?
☒ Yes ☐ No
Please tell us why.
The proposed changes provide for engineers to work within their competency levels and
once established, we would feel more confidence, given that the engineer has been
assessed on the basis of his/her competency.
3.2.13 Do you agree with the proposed grounds for discipline of licensed and certified
engineers?
☒ Yes ☐ No
Please tell us why.
There are a good range of penalties to account for a number of disciplinary situations
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 19
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Submission templatewhich compare favourably with other regimes such as the LBP register.
3.2.14 Is there anything else that you think should be grounds for discipline? Are there any
proposed grounds for discipline that you think should be modified or removed?
It will take time to establish a new regime and transition to it.
3.2.15 What things should we consider when we develop transitional arrangements? What
supports would you need to help you during this transition?
We would welcome the opportunity to provide feedback to the regulator and MBIE as the
new regime establishes and transitions. This would be from a BCA perspective.
3.2.16 (For engineers who currently do not have CPEng or higher) Would you be likely to apply
for a licence (fire safety, geotechnical, structural)?
☐ Yes ☐ No
Please tell us why.
________________________________
Final thoughts
3.2.17 If you have any other comments on the proposals for engineers, please tell us.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 20
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Submission templatePart 3.3 Occupational Regulation of Plumbers, Gasfitters and
Drainlayers
MBIE wants stakeholders’ feedback on the three proposals:
1 Repeal specific sanitary plumbing exemptions for householders in specified areas and for
rural districts.
2 Repeal exemptions for restricted sanitary plumbing, gasfitting and drainlaying work under
supervision.
Proposal 1 - Repeal the current sanitary plumbing exemptions for householders in
specified areas and for rural districts, including the current Gazette notices for districts
made under the Plumbers, Gasfitters and Drainlayers Act 1976.
3.3.1 Have you encountered instances of hazards or health issues from sanitary plumbing work
completed by unlicensed people?
☒ Yes ☐ No
Please tell us more or provide an example.
Example: A residential dwelling where the building owner had installed a new toilet in a
household but had failed to connect the waste in a proper manner. Effluent was escaping
and forming under and outside the dwelling and we were alerted by a neighbour who
complained about a bad smell coming from the neighbouring property. This is an example
where the building owner was not skilled and failed to connect the waste properly, and
the owner did not even notice or really care about the problem.
We submit that exemptions, in our view, are subject to abuse and a certified tradesperson
should carry out all sanitary plumbing or drainage work.
3.3.2 How often do you find work undertaken under a householders or a rural areas exemption
that does not comply with the requirements of relevant codes and standards?
Never Occasionally Regularly Often Always
☒ ☐ ☐ ☐ ☐
Please tell us why.
Our BCA covers a city and not a rural area.
3.3.3 Do you think that a person should be qualified to do sanitary plumbing work on your
property?
☒ Yes ☐ No
Please tell us why.
Because of the risk outlined above as an example where unskilled people carry out work
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 21
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Submission templatethat if not completed properly, can create potential health risks for people.
Proposal 2 - Repeal the exemptions for restricted sanitary plumbing, gasfitting and
drainlaying work under supervision.
3.3.4 How often do you find substandard work carried out under a supervision exemption?
Never Occasionally Regularly Often Always
☐ ☒ ☐ ☐ ☐
Please tell us more.
We found a case recently where a hot water cylinder had been installed incorrectly under
the supervision of a certifying plumber. In reality, this was because the certified plumber
did not provide adequate supervision.
3.3.5 What benefits (if any) do you see from regulating people who are currently exempted if
they work under supervision?
We suggest there should be fewer failures based on lack of supervision as outlined above.
3.3.6 What potential issues (if any) do you see from removing the exemptions for doing
restricted work under supervision?
None.
3.3.7 What impacts (such as business impacts) would removing the supervision exemptions
have on how your business is managed?
As a BCA we would not be finding less poorly installed work.
3.3.8 Do you support allowing people currently working under supervision exemptions to
continue working as a regulated person under a new registration and licence?
☒ Yes ☐ No
Please tell us why.
Because they will be licensed and assessed for competency.
3.3.9 Is anything else required to support the transition of exempted tradespeople to a new
registration and licence?
☐ Yes ☒ No
Please tell us more.
________________________________
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Submission templateFinal thoughts
3.3.10 If you have any other comments on the proposals for plumbers, drainlayers and gasfitters,
please tell us.
We support the proposals as it will make for healthier and safer buildings.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 23
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Submission templatePart 4 Risk and Liability
MBIE wants stakeholders’ feedback on the three proposals:
1 Require guarantee and insurance products for residential new builds and significant
alterations, and allow homeowners to actively opt out.
2 Leave the liability settings for building consent authorities unchanged.
Proposal 1 - Require a guarantee and insurance product to be in place for all residential
new builds and significant alterations. Homeowners would have the choice to actively opt
out of having a guarantee and insurance product.
4.1 Do you support the proposal to require guarantee and insurance products for residential
new builds and significant alterations?
☒ Yes ☐ No
Please tell us why.
We submit that to meet your brief of supporting homeowners to protect their investment
then there is only one option - and that is to support a guarantee and insurance cover for
when things go wrong.
4.2 Do you think homeowners should be able to actively opt out of having a guarantee and
insurance product?
☐ Yes ☒ No
Please tell us why.
We submit that if there is to be an effective scheme for homeowners there should only be
one course of action and no ability to opt out. In opting out the homeowners that opt in
are in fact subsidising those who opt out and if every homeowner opts in the price of
insurance is accordingly reduced because of the demand and numbers in the scheme.
4.3 Should there be conditions on when homeowners are able to opt out? What should these
conditions be?
☐ Yes ☒ No
Please tell us why and what the conditions should be.
However, if the decision is to continue to allow homeowners to opt out, there should be a
proviso that they have adequate funds or other means to cover any issues should things
go wrong. We contend that is unlikely for most homeowners to have adequate funds or
other insurances in place and that is why it is important that opt in is the only option.
4.4 What types of buildings do you think should be required to have a guarantee and
insurance product? (Please tick all that should apply.)
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Submission template☒ Standalone residential dwellings
☒ Medium density housing (up to six storeys)
☒ High density housing (over six storeys)
☒ Mixed-used developments (i.e. where a part of the building is used as commercial
premises, for example shops or offices.)
Please tell us why.
We submit that in reality all of the buildings listed can have things go wrong, so cover
should be in place for owners of any one of these buildings.
4.5 What threshold do you think the requirement for a guarantee and insurance product
should be set at?
☐ Residential building work over $30,000
☒ Residential building work over $100,000
☒ Residential building work that would impact the structure or weathertightness of the
building.
☐ Other (please tell us more in the comment box below)
Please tell us why or any other comments.
________________________________
4.6 Do you have any views on the minimum standards that should be set for a guarantee and
insurance product?
For example: the type of product, the types of events that are covered, the minimum level
of cover, the period of cover, the nature of redress, the maximum claim value, dispute
resolution processes, the ability to transfer to new owners.
4.7 What financial and prudential requirements do you think should be placed on providers,
to ensure there is a continuing supply of guarantee and insurance products?
For example: reinsurance or other insurance backing, solvency, auditing requirements,
security and prudential requirements.
4.8 If residential new builds and significant alterations are required to have a guarantee and
insurance product, what do you think the impacts will be?
4.9 (For builders) How difficult will it be for you to gain eligibility to offer a guarantee and
insurance product?
Impossible Very difficult Somewhat difficult Not very difficult I already offer one
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 25
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Submission template☐ ☐ ☐ ☐ ☐
Please tell us why.
________________________________
MBIE proposes a two-year transition period.
4.10 How long do you think the transition period for guarantee and insurance products needs
to be to ensure providers, builders and BCAs are prepared for the changes?
☐ Less than two years ☒ Two years ☐ More than two years
Please tell us why.
The industry should be able to produce product within that period of time.
4.11 Is anything else needed to support the implementation of guarantee and insurance
products?
☐ Yes ☒ No
Please tell us why.
________________________________
Proposal 2 – Leave the liability settings for BCAs unchanged.
4.12 If the government decides to make all the other changes in this discussion paper, do you
agree that that the liability settings for BCAs will not need to be changed?
☐ Yes ☒ No
Please tell us why.
Joint and several liability does not apportion the level of liability to the party responsible
for causing the problem. For example, in weathertight claims a number of parties to the
build process do not contribute, or their contribution to a settlement is minimal and it is
left to the BCA to make the major contribution towards settlement. In our view that is
unfair on the basis of contribution to the build process - the BCA spend the least amount
of time onsite and has the least input into the process - but because they are seen as
having ‘deep pockets’ then they are targeted by claimants. We are one of the few
countries in the world where joint and several liability is in place as other countries
understand that the process is fraught. Government officials and Ministers have even
been quoted that they agree the system is unfair but refuse to change it. We submit that
a change is long overdue and central government cannot continue to allow the ratepayers
in our country to pay for something they should not be paying for. The responsibility
needs to sit with those who design and construct the buildings and it needs to be
proportionate to the level of input into the build.
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Submission template4.12a What area of work do you think will have the biggest impact on BCA consenting
behaviour?
☒ Products
☒ Occupational regulation
☒ Risk and liability
☐ Building levy
☐ Offences and penalties
Please tell us why.
They all result in time spent on consenting and if we are able to address these areas as
proposed then consenting time should be reduced.
4.13 If the government decides to limit BCA liability, do you support the proposal to place a cap
on BCA liability?
☒ Yes ☐ No
Please tell us why.
Refer to Section 4.12. We also submit that the risk in capping BCA liability has the effect of
the capped level becoming the norm in terms of claims. So, we suggest in many ways this
supports the BCA ability to manage claims with an expectation of costs, but it does not
address the underlying unfair joint and several liability issue, which really is overdue to be
sorted.
4.14 If there is a cap on BCA liability, do you agree that the cap should be set at 20 per cent?
☐ Yes ☒ No
Please tell us why.
As above. We submit that you should deal with the underlying issue of joint and several
liability - liability should be apportioned to what you do in the build process and not your
ability to pay.
4.15 If there is a cap on BCA liability, do you think BCAs should have to pay more than 20 per
cent if they have contributed to more than 20 per cent of the losses?
☐ Yes ☒ No
Please tell us why.
If you are going to put a 20% cap on BCA liability it makes little sense that we would ever
willingly want to pay more.
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Submission template4.16 What do you think would be the impacts of placing a cap on BCA liability?
As above. We submit that capping liability will effectively set the benchmark for claims
and the unfortunate downside for ratepayers is that on most occasions associated with a
claim the full 20% will be the benchmark - that is probably much more than a fair
proportionate contribution based on a BCA input into the build process.
Final thoughts
4.17 If you have any other comments on the proposals for risk and liability, please tell us.
We submit that the Minister should reconsider the decision not to address the
fundamental underlying problem with joint and several liability and show leadership by
moving to a proportionate liability regime.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 28
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Submission templatePart 5 Building Levy
MBIE wants stakeholders’ feedback on the three proposals:
1 Reduce the rate of the levy from $2.01 to $1.50 including GST (per $1,000).
2 Standardise the threshold at $20,444 including GST.
3 Amend the Building Act to enable MBIE’s chief executive to spend the levy for purposes
related to broader stewardship responsibilities in the building sector.
Proposal 1 - Reduce the rate of the building levy from $2.01 to $1.50.
5.1 Do you agree that the levy rate should be reduced from $2.01 to $1.50?
☐ Yes ☒ No
Please tell us why.
We agree with widening the use of the levy, but we don’t support a reduction.
5.2 (For building consent authorities) What impact, if any, would a reduced levy rate have on
building consent authorities?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☒ ☐ ☐
Please tell us what the impact might be.
Fifty cents reduction is inconsequential in the bigger picture.
5.3 Other than reduced building consent costs, what are the other impacts from reducing the
current levy rate?
There are really no impacts for our BCA - we collect the levy for MBIE regardless of what it
is.
5.4 (For building consent authorities) How long would you need to implement the proposed
changes to the building levy rate and threshold?
☐ 0-3 months
☐ 3-6 months
☐ 6-12 months
☒ 12 months or longer
☐ other (please tell us more)
________________________________
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 29
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Submission templateProposal 2 - Standardise the threshold for the building levy at $20,444 including GST (per
$1,000).
5.5 Do you have any comments on standardising the threshold at $20,444?
Agree.
Proposal 3 - Amend the Building Act’s provisions to enable the chief executive to spend
the levy on activities related to stewardship responsibilities in the building sector.
5.6 Do you agree that the Building Act should be amended so MBIE’s chief executive may
spend the levy for purposes relating to building sector stewardship?
☒ Yes ☐ No
Please tell us why.
________________________________
We propose that the levy rate and threshold changes take effect on 1 July 2020.
5.7 Do you agree with the proposed start date of 1 July 2020 for the changes to the building
levy rate and threshold?
☒ Yes ☐ No
Please tell us why.
________________________________
Final thoughts
5.8 If you have any other comments on the proposals for building levy, please tell us.
Why change the levy when all of the parties are paying it at the present time and it is used
in the right areas to improve the industry.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 30
Building System Legislative Reform
Submission templatePart 6 Offences, Penalties and Public Notification
MBIE wants stakeholders' feedback on four proposals:
1 Increase the maximum financial penalties for all persons.
2 Set the maximum penalty levels differently for individuals and organisations.
3 Extend the time relevant enforcement agencies have to lay a charge under the Building
Act, from six months to 12 months (section 378 of the Building Act).
4 Modify the definition of ‘publicly notify’ in section 7 of the Building Act.
Proposal 1 - Increase the maximum financial penalties.
6.1 Are the current maximum penalty amounts in the Building Act appropriate?
☒ Yes ☐ No
Please tell us why.
We agree that larger penalty amounts are a more effective deterrent.
A better enforcement tool for BCAs to use in the event of an offence.
6.2 Do you agree with the proposed increases to maximum penalties?
☒ Yes ☐ No
Please tell us why and what they should be if you disagree.
________________________________
Proposal 2 - Set the maximum penalties differently for individuals and organisations.
6.3 Do you agree with introducing higher penalties for organisations?
☒ Yes ☐ No
Please tell us why.
We submit it makes sense to have higher penalties for organisations and this is an
effective deterrent. A better enforcement tool for BCAs to use in the event of an offence.
6.4 What impacts on the building industry could arise from this proposal if it is implemented?
Strong negative impact Negative impact No impact Positive impact Strong positive impact
☐ ☐ ☐ ☐ ☒
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 31
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Submission templatePlease tell us what the impact might be.
A better enforcement tool for BCAs to use in the event of an offence.
Proposal 3 - Extend the time parties have to lay a charge under the Building Act, from six
months to 12 months (section 378 of the Building Act).
6.5 Do you think 12 months is an appropriate time period for relevant enforcement agencies
to lay a charge?
☒ Yes ☐ No
Please tell us why or what you think is an appropriate.
________________________________
Proposal 4 - Modify the definition of ‘publicly notify’ in section 7 of the Building Act to
remove the requirement to publish in daily newspapers circulating in each of the cities of
Auckland, Hamilton, Wellington, Christchurch, and Dunedin. Public notification will still be
required in a more modern form that is future proofed and publicly accessible.
6.6 Do you agree that public notification under the Building Act should no longer be required
in newspapers?
☐ Yes ☒ No
Please tell us why.
There are other effective means for public notification, but many people still rely on
newspapers.
6.7 Do you agree that publication on the internet and in the New Zealand Gazette is
sufficient?
☐ Yes ☒ No
Please tell us why.
As above.
Final thoughts
6.8 If you have any other comments on the proposals for offences, penalties and public
notification, please tell us.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 32
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Submission templateOverall Feedback
Thinking about this consultation, do you have any comments or suggestions to help us
improve future consultations?
1 What worked for you?
We are comfortable with the process and means to supply feedback.
2 What would we do better?
We appreciate the simplicity of the online feedback mechanism. However, with some
consultation papers there has been a very limited timeframe for feedback. We consider it
important to have adequate time to provide good constructive submissions.
3 Any other comments or final thoughts?
We would like to thank MBIE for the opportunity to provide feedback.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT 33
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Submission templateYou can also read
