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hard news Industry faces “most significant changes for 15 years” LAST MONTH, MBIE opened consultation on a range of changes to New Zealand building law, the goal being to “deliver safe and durable buildings, a high- performing building sector and an efficient regulatory system.” With the Government’s “nuclear” proposals to change vocational training still ringing in some ears, make no mistake, although the latest proposals currently up for consultation are somewhat generalised, the implications run deep. Indeed, says MBIE: “These are the most significant reforms since the current Building Act was introduced in 2004. They will affect people, products and practices across the sector.” The proposed changes most pertinent to our readers touch directly on building products and methods, the aim of these changes being (to quote MBIE): 1. To “clarify roles and responsibilities for building products and methods”. 2. To “require manufacturers and suppliers to provide information about building products.” 3. To “strengthen the framework for product certification”. 4. To “make consenting easier for modern methods of construction”. Says MBIE of its motivation in this respect: “There are gaps in current regulations and disincentives that make the building regulatory system less efficient. “We’re proposing changes to increase the quality of information about building products, hold people to account for building products and their use, and reduce the risk of defects in building work. “We also propose to strengthen the framework for product certification, and make consenting easier for modern methods of construction, including off- site manufacture.” The industry will certainly like a much more robust product certification regime (although not at any cost) but many suppliers won’t be keen on releasing their proprietary information to all and sundry. What does the supply side of the industry think? Julien Leys, the newly appointed Chief Executive of the Building Industry Federation (BIF) offers the following response: “BIF welcomes the intent of the legislative reform of the Building Act 2004 (Act) which must be to provide a greater level of assurance to consumers that products, materials and systems used in construction will meet New Zealand Building Code (NZBC) requirements. “The Government’s reforms proposals are laudable but the industry needs outcomes which will have the clarity needed to better regulate building products and standards – for example this will only be possible if the reforms include not guidelines but rather obligations which are both mandatory and enforceable. “Only in this way can we effectively ensure that that risk/liability in the building chain is allocated to those who are naturally responsible for that risk. “The transfer of this risk has been one of the reasons for many of the industry failures in recent times. Thus it is important that section 14G of the Act includes an obligation on the manufacturer, importers, designers (specifiers) and builders (not just limited to manufacturers and suppliers) of a building product to make a clear claim in relation to compliance of the building product with relevant provisions of the NZBC. “Product manufacturers or importers must able to sufficiently demonstrate that products will (if installed in accordance with the technical data, plans specifications and advice prescribed by the manufacturer or importer) comply with the provisions of the NZBC and the consequence of failure to comply with the NZBC are clear. “The proposed amendments to the Act should also provide the Regulator with the power to establish a list (to be reviewed annually) requiring products or systems to meet certain criteria or to be subject to a higher level of assurance than the minimum required under the revised Section 14G.” Also on the Government’s agenda are changes to occupational regulation, changes designed to reduce homeowner risk and BCA liability, reducing the Building Levy and allowing MBIE to spend it appropriately, addressing financial penalties for individuals and organisations. To download a copy of the discussion paper visit www.mbie.govt.nz/building- reform and be sure to have your say by 16 June 2019. 6 NZHJ | MAY 2019 MORE AT www.hardwarejournal.co.nz