Councils
and the law
Local
authorities and the law of the land
Regulatory
powers
Local authorities can make and enforce bylaws to manage
a whole range of local issues and situations.
National
laws and their impact
Parliament makes
the laws that constrain and empower councils.
Resource
management
Sustainable management
of natural and physical resources is required, guided and empowered
by the Resource Management Act.
Keeping it clean and green
The Building Act
Local government administer the
Act that sets the standards for our homes and workplaces.
Checks and balances for local government
Six Officers of
Parliament also have a local government role.
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The Building Act
Government introduced a Building Bill to Parliament in 2003
whose objectives include helping people use buildings safely and without
endangering
their
health. This Bill looks forward to buildings providing an appropriate
level of amenity for people who use them; people who use a building being
able to escape from the building if it is on fire; and buildings being
constructed and used in ways that promote sustainable development.
The Bill also provides for regulating construction work, establishing
a licensing regime for building practitioners, and setting performance
standards for buildings.
Building sustainably
Other options being considered included providing for “best practice” guidelines
for territorial authorities, building consent authorities, and building
practitioners to help them meet their obligations under the Bill, requiring
accreditation and audits of building consent authorities, and licensing
building practitioners.
The new law, designed to replace the Building Act 1991 , would specify
some different functions, duties, and powers of territorial authorities.
A territorial authority must perform the functions of a building consent
authority within its district in relation to any application for
a building consent made to it and any building consent granted under
the application.
A territorial authority may make arrangements for one or more other
building consent authorities to perform the functions of a building
consent authority
on its behalf.
A territorial authority must apply for, and gain, accreditation
as a building consent authority and must maintain that accreditation
at all
times.
Building inspection
The three Wairarapa district councils are working together to meet the
higher standards of the proposed 2004 Building Act. Parliament has
considered it necessary to improve building standards since the leaky
homes crisis affected some recently built houses. The Masterton, Carterton
and South Wairarapa District Councils work together to provide building
inspection services. Each council has to manage building consent services
so that houses are built to comply with national and local building
standards.
Building inspectors need to go on site to see that the building owners
and their tradespeople have got it right – and to achieve that,
building inspectors need relevant skills and experience. The three Wairarapa
councils have recognised merit in having their inspectors work both in
and outside the individual councils that employ them.
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