Services › Other Services › Statement of Proposal for the Transfer of the Minister of Local Government's Building Act functions to Tauranga City Council

1. Introduction

This Statement of Proposal document details a proposal to transfer the Minister of Local Government’s Building Act 2004 functions in relation to offshore islands located within the Bay of Plenty region’s Coastal Marine Area to Tauranga City Council (TCC).

The transfer of these functions is a continuation and formalisation of a role that TCC already undertakes, allowing TCC to carry out duties in accordance with the Building Act 2004 on behalf of the Minister of Local Government (the Minister) including issuing building consents and code compliance certificates.

For over five years TCC has processed building consents and code compliance certificates for Motiti Island and has identified hazards in structures on Mayor/Tuhua Island. Based on the performance of this initial arrangement, the Minister now wishes to formalise the transfer of his Building Act 2004 functions.

2. Details of the Proposal

The objectives for the proposed transfer are:

• to utilise the technical expertise and capability of TCC to enable building services to be provided in accordance with Building Act 2004 requirements;
• to make it easier for landowners, residents and the wider community to access Building Act 2004 services for the offshore islands by locating the services in the Bay of Plenty Region.

The Minister proposes to transfer all of his Building Act 2004 functions to TCC, excluding the right of TCC to further transfer those functions onto another party.

Under section 234 of the Building Act 2004, the transfer of any functions, duties or powers under the Building Act 2004 must be done by way of a Special Consultative Procedure. All or part of the functions, duties or powers may be transferred, subject to notice of the proposal being served on the Minister of Building and Construction and having him agree with TCC that the transfer is desirable for reasons of efficiency and/or technical expertise.

3. Reasons for the Proposal

The Minister, as the territorial authority for a number of offshore islands in the Bay of Plenty region, is required to carry out functions and duties outlined by the Building Act 2004, including processing and granting Building Consents, Code Compliance Certificates and other matters. As the expertise is not available within the Minister’s office to carry out these functions, TCC has carried out aspects of this work for over five years.

With changes to the Building Act 2004, every territorial authority exercising duties under the Building Act 2004 is required to become a registered and accredited Building Consent Authority to be able to carry out functions such as undertaking inspections, issuing building consents and issuing code compliance certificates. The options are that the Minister becomes a registered, accredited Building Consent Authority, or that these functions are transferred to another registered, accredited Building Consent Authority.

After consideration of these options, and discussion with TCC, it is proposed to transfer all of the Minister’s Building Act 2004 functions to TCC, to take advantage of the technical expertise and efficiencies for those that wish to access building services, and as Tauranga City Council already has experience processing building consents on behalf of the Minister.

4. Key Features of the Proposal

Features include:

• all matters related to the Building Act 2004, including application for building consent are given directly to TCC.
• applicants do not need to liaise with the Minister and can visit TCC offices directly, in a much more accessible location in the Bay of Plenty.
• bureaucracy is reduced, with the need to go through the Minister of Local Government removed.

5. Analysis of Reasonably Practicable Options for this Proposal

The following options exist for the Minister in relation to this proposal:

i) Status quo; i.e. do nothing.

TCC continues to process building consents and code compliance certificates, and undertake inspections in relation to Motiti and Tuhua Island. This option is not preferred as the Minister is not a registered, accredited Building Consent Authority, and cannot issue documents such as building consents or code compliance certificates.

ii) The Minister becomes a registered, accredited Building Consent Authority.

The Minister hires staff and implements training and systems to become a registered, accredited Building Consent Authority. This option is not preferred as the level of staffing, training, management and effort required is not proportionate to the number of building consents etc applied for.

iii) The Minister’s Building Act 2004 functions are transferred to TCC.

TCC is transferred all of the Minister’s Building Act 2004 functions, duties and powers, with the exception of the ability to further transfer those functions to a third party. This option meets the objectives of the project as TCC has experience processing building consents and code compliance certificates on behalf of the Minister, and has the in-house capacity and expertise to carry out this work effectively. This option will address the issue that the Minister is not a registered, accredited Building Consent Authority, and will provide residents and landowners with better access to building services. This option is essentially an extension of an existing arrangement between the Minister and TCC.

iv) The Minister’s Building Act 2004 functions are transferred to another territorial authority in the Bay of Plenty region.

Another territorial authority in the Bay of Plenty region is transferred all of the Minister’s Building Act 2004 functions, duties and powers, with the exception of the ability to further transfer those functions to a third party. This option is not preferred as other territorial authorities in the region do not have experience with the offshore islands such as Motiti Island or Mayor/Tuhua Island.

6. Consultation Process

The consultation process on all the proposals outlined in this Statement of Proposal will be as follows:

i) The Minister has approved this statement of proposal and summary of information, which will be publicised, and will appoint a hearings panel to hear any submissions;

ii) The special consultative procedure will be from 16 July 2011 to 23 September 2011;

iii) Venues and dates of public Information sessions will be confirmed on the website www.dia.govt.nz/offshoreislands and through direct contact with individuals and organisations;

iv) For questions about the proposal please contact Keith Frentz at Beca, Tauranga on (07) 578 0896 or at keith.frentz@beca.com.

v) Written submissions on this proposal may be made to the Minister by 5pm 23 September 2011. These submissions may be sent either:

1. By email to andrew.tester@dia.govt.nz; or
2. By fax to (04) 494 0501; or
3. By post to Local Government Operations, Department of Internal Affairs, PO Box 805, WELLINGTON 6140; or
4. By dropping off in person to Beca at 32 Harrington Street, Tauranga, c/- Keith Frentz.

vi) Submissions may be made on the form available at www.dia.govt.nz/offshoreislands or in any other form. Submissions must include the name, postal address, and contact phone number of the submitter.

vii) Any person who makes a submission will have the opportunity to be heard by the independent commissioner appointed by the Minister later in 2011, but must make that request in their written submission.

7. Copies of Relevant Documents and Periods for Consultation

The Summary of Information for this proposal and this Statement of Proposal are available as follows:

• at the following Department of Internal Affairs web page: www.dia.govt.nz/offshoreislands;
• at Beca, 32 Harington Street, Tauranga;
• at the Tauranga City Council buildings, 91 Willow Street, Tauranga;
• at Tauranga City Council libraries; or
• by ringing Keith Frentz at Beca, Tauranga on (07) 578 0896.