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Recommendations


Cabinet Paper: Quality Regulation Review - Resource / Building Interface Study Findings

Hon Clayton Cosgrove, Minister for Building and Construction
[ Last Updated 4 May 2007 ]


41. I recommend that you:

  1. 1. Note that, as part of the government's Quality Regulation Review, the Department of Building and Housing (DBH) led a study with the Ministry for the Environment (MfE), the Department of Internal Affairs (DIA) and Local Government New Zealand (LGNZ) to identify and address issues for business in complying with resource, building and related regulations when building on land;
  2. 2. Note that the main issues identified by the study for developers, builders and other users concerns are:
    1. 2.1 delays and unpredictable timeframes in the processing of resource consents, building consents and code compliance certificates;
    2. 2.2 inconsistencies in the interpretation of regulatory requirements by those administering them;
  3. 3. Note that work is already underway across central and local government to address these issues;
  4. 4. Agree to the following programme of work, in addition to the work referred to in paragraph 3, to help resolve the issues identified in paragraph 2:
    Desired outcome Actions Agencies
    Users have easy access to all the information and resources they need to understand and meet regulatory requirements in building on land. Audit adequacy of and accessibility to users of existing information / resources and recommend improvements for implementation in 2007/2008 by 30 June 2007 DBH, MfE, DIA in consultation with LGNZ
    Connections between related regulatory requirements are effectively made for users by those administering the system Advise on whether the provisions provided for in the Building Act 2004 that allow the Fire Service Commission to advise on certain building consent applications are working effectively to ensure that building owners are aware of both fire safety and fire evacuation requirements with implications for building design and construction before building work commences so as to minimise compliance issues on completion of building work, and recommend solutions for implementation in 2007/2008 by 30 June 2007 DIA and DBH in consultation with the New Zealand Fire Services Commission and LGNZ
    Seek priority for legislation to better align provisions between the Fencing of Swimming Pools Act and the Building Act by June 2007
    Introduce legislation to better align provisions between the Fencing of Swimming Pools Act and the Building Act in 2007/2008 (subject to legislative priority)
    DBH and Minister for Building and Construction
    Advise on whether there should be increased guidance to local authorities and applicants on the sequence for obtaining resource and building consents or a requirement for local authorities to advise applicants of the need for a resource consent at the time of first considering a building consent application rather than when granting a building consent and the means to achieve this to be implemented in 2007/2008 by 30 June 2007 MfE and DBH in consultation with LGNZ
    Identify any additional administrative or legislative measures necessary to improve consistency in approaches across local authorities to their processing of variations to building work against building consents for implementation in 2007/2008 by 30 June 2007 DBH
    Review the extent to which conflicting requirements between district and regional plans and building consent performance requirements are issues and develop the legislative and administrative measures to resolve any such issues for implementation before July 2008 by December 2007 DBH and MfE in consultation LGNZ
    Expectations of good performance are clear and accountabilities improved in the administration of resource and building regulatory functions Develop performance indicators in support of good practice administration of resource and building consent functions and advise on a timetable for publishing comparative performance data by 30 June 2007
    Work with local government to identify, share and promote best practice approaches to the administration of resource and building consent functions (ongoing) with progress to be reported in July 2007.
    DBH, MfE and DIA in consultation with LGNZ
    Advise on whether current statutory timeframes for the processing of resource and building consents are reasonable for all resource and building consent applications by June 2007 with any necessary changes to be implemented in 2007/2008. DBH and MfE in consultation with LGNZ
    Regulatory requirements are more consistently conveyed and decisions on them more consistently made across local authorities Work with territorial authorities to identify regulatory actions and decisions where common approaches to interpretation and decision making would be desirable, appropriate and practical, and in such cases facilitate more consistent approaches a (such as common policies on the acceptance of producer statements) with progress to be reported in July 2007 DBH and MfE in consultation with LGNZ
    Advise on what additional support central government can provide to encourage the expansion of current local authority clustering initiatives so as to address a broader range of common issues related to their administration of resource and building regulations by 30 June 2007 for implementation in 2007/2008. DIA, MfE and DBH in consultation with LGNZ
    The negative impacts of skill and labour shortages for the administration of resource and building regulations are reduced Identify and report on the reasons for and implications of labour and skill shortages in the administration of resource and building regulatory functions and advise on practical solutions. Scope study by 30 June 2007 with study to be carried out in 2007/2008 year and findings to be implemented as soon as possible following completion. DBH and MfE, in consultation with LGNZ, DoL and TEC
  5. 5. Invite the Minister for Building and Construction, Minister for the Environment and Minister of Local Government, in consultation with the President of Local Government New Zealand, to report to the Cabinet Policy Committee in July 2007 on progress in completing the above work programme, including any policy, legislative or funding implications arising from the work;
  6. 6. Note that the Minister for Building and Construction indicates that consultation is not required with the government caucuses or with other parties represented in Parliament.

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