When receiving enquiries from owners or designers requesting information relating to approved/recommended materials, systems or contractors the Building Authority advises that council remains impartial on such matters.

Council does not provide guidance on materials, methods or systems to achieve compliance with New Zealand Building Code (NZBC) requirements.

Contractors

Council does not advise on recommended contractors.

Designers

A designer is responsible for ensuring the plans and specifications or the advice in question, is/are sufficient to result in the building work complying with the building code, if the building work were properly completed in accordance with those plans and specifications or that advice.

The Building Act 2004 ushered in new legislation to govern the building industry from 30 November 2004.

The new Building Act aims to improve control of, and encourage better practices in building design and construction. This means:

1. more clarity on the standards we expect buildings to meet
2. more guidance on how those standards can be met
3. more certainty that capable people are undertaking building design, construction and inspection
4. more scrutiny in the building consent and inspection process
5. better protection for homeowners through the introduction of mandatory warranties.

The Building Act 2004 repeals the Building Act 1991 and dissolved the Building Industry Authority, which regulated the building industry under the 1991 Act. Administration of the Building Act is completed by the Ministry of Business, Innovation and Employment (MBIE).

Further information about the Building Act 2004 can be found at building.govt.nz. This site also provides guidance and information about your rights and responsibilities as you build or renovate.

The following bulletin is to provide you with an update as to the Mackenzie District Council Building Control Departments current view around required on site engineering monitoring.

Background

The Building Act 2004 Part 1 subpart 7 includes under plans and specifications states-

(b) includes the proposed procedures for inspection during construction, alterations, demolition, or removal of a building.

When the Building Control Authority (BCA) process a building consent application in many cases third party inspections are identified and when applicable, form part of the approved building consent.

For example, Geotechnical site observation or structural engineering on site observation.

The BCA are having numerous issues with engineers not conducting on site monitoring and not providing site reports with a PS4.

This has then created issues with your clients achieving insurance requirements as the BCA are unable to issue Code Compliance.

Council Inspections

It is worth noting that whilst the Council look at foundations, slabs, etc we also look at other factors to which an engineers will not, for example, location of building to boundaries, sediment control matters, etc.

When an engineer has stated that they will undertake site monitoring as listed in their schedule of inspections which accompanies the PS1, it would be fair to say that would be the expectation.

If, however, this does not occur, this then creates issues when the BCA are undertaking a review of documents required to support the approved building consent with an application for Code Compliance.

In other words, the BCA cannot be satisfied on reasonable grounds that the completed works are, in, fact in accordance with the approved documents.

Conclusion

It is the view of the BCA that where third-party verification has been shown on the approved consented documents and this has not been provided at the required inspection, the BCA will block future inspections occurring until the required documentation has been supplied for verification.

It is, therefore, vital that you check all the required items listed with the approved building consent and engage your engineer at your earliest convenience to enable the required inspections to occur by them.

Building rules for swimming pools

The Building (Pools) Amendment Act 2016 came into effect on 1 January 2017. The act aims to reduce the number of drownings in pools across New Zealand.

The act repealed the previous 'Fencing of Swimming Pools Act 1987', replacing it with specific safety clauses in the Building Act 2004, particularly to help keep children safer around pools.

Key changes include

• Swimming pool inspections take place on a three yearly basis by Council or an independently qualified pool inspector.
• Spa pools and hot tubs are able to use a lid or safety cover for a barrier, instead of a fence.
• Council has additional enforcement tools including the ability to issue a notice to fix.

Existing swimming pools

Council will check all known swimming pools in the Mackenzie District to make sure they either comply with the Building (Pools) Amendment Act 2016 rules - or rules were in place at the time the pool was built.

Booking an inspection

To book a swimming pool inspection, contact the Building Team on 0800 685 8514 or email building@mackenzie.govt.nz

Swimming Pool checklist

Before booking an inspection, please fill in the Swimming Pool checklist.

Any remedials that do not require a Building Consent can then be completed before an inspection is booked.

If you are unsure if a Building Consent is required contact building@mackenzie.govt.nz

Fencing barriers of swimming pools

All swimming pools able to be filled to 400mm or deeper must be inspected every three years. You can choose to have your pool inspected by a swimming pool inspector or by Council.

If your pool doesn't pass its first inspection, Council will issue a notice to fix. Once issues concerned are fixed, the pool is re-inspected.

Does my pool need a barrier?

Any pool able to be filled to a depth of 400mm or more must have a physical barrier like a fence, gate or door, regardless of if the pool is full, partially full, or empty.

Portable pools over 400mm deep require the same standard of fencing of permanent swimming pools. Paddling pools with a maximum depth of less than 400mm are exempt from this rule.

A building consent is required before a pool and pool barrier are installed. The only exception is a safety cover for a small heated pool.

Type of barrier required?

A barrier can include a fence, gate or door. The key rule for the barrier is that it is able to restrict access to the pool for unsupervised kids under five years old.

If you are building a new barrier, it must follow these rules:

Gates and doors must:

• Open away from the pool.
• Restrict access to young children when closed.
• Close automatically or have a warning sound when open.

Fences must:

• Be at least 1.2m high, measured from the ground or any object in the pool area.
• Not be easily climbed by young children.

To check if your barrier complies, contact the Building team on 0800 685 8514.

Small heated pools and spas

The exception to the barrier rules are certain small heated pools. A lid or safety cover is able to be used as long as:

• The water surface is 5m² or less.
• The side walls of the pool are at least 760mm high and cannot be climbed.

The cover must:

• Include a sign that shows its safety features.
• Restrict entry of children under 5 years old when closed.
• Be able to hold a foreseeable load.
• Be closed easily.

If a safety cover meets these requirements, the small heated pool or spa will not require an inspection.

Further resources

• Building Performance - Safety guidance for pool owners

New swimming pools

A building consent is required for a new swimming pool. The pool needs to comply with rules set out in the building code.

• Building Consent information, forms and guides.

Frequently Asked Questions

I had my pool installed years ago, will I need to change my fence to fit the new rules?

No. Your swimming pool fence must comply with the new rules - or with the rules that were in place when your pool was built. You still need to get it inspected.

Do I need to get my swimming pool inspected?

If the swimming pool is able to be filled to 400mm or deeper, inspection will be required, regardless of if the pool is permanent or portable, indoor or outdoor. The rules apply whether the pool is full, partially full, or empty.

Payment options for inspections?

Either:

• In person, at the Fairlie and Twizel Council offices - Cash, EFTPOS or credit card
• Via internet banking.

Who will do the inspection?

A member of the Building team will visit your property to conduct your inspection.

Am I able to use someone else instead of Council?

Yes, your pool can be inspected by an independently qualified pool inspector or by Council.

If you have your pool inspected by someone else, please contact us, and provide a copy of your inspection report.

What if my pool doesn’t pass the inspection?

If your pool does not meet the legal requirements, you will be advised of any issues and given time to make repairs or adjustments as necessary.

In certain cases Council may issue a Notice to Fix. Failing to comply with this notice can lead to an infringement notice being issued or prosecution.

Are pool inspections done after hours?

Pool inspections are within office hours only - Monday to Friday, 8:30pm - 5pm.

Do I need to be present while the pool is being inspected?

No. As long as the inspector is able to access the swimming pool then you do not need to be present. If the inspector is unable to access your property by themselves, you will need to make arrangements to give access.

My home is rented - how can I check if the pool has passed inspection?

Get in touch with your landlord, or contact Council to check that the pool is compliant.

Responsibilities for pool compliance when renting?

The responsibility is shared between the land/property owner and the tenant.

In order for Mackenzie District Council Building Consent Authority to effectively process building consent applications the following changes are being implemented and are effective immediately.

Ground bearing verification

Confirmation of site soil bearing capacity needs to be provided at application stage in order for the building consent officer processing the application to be satisfied on reasonable grounds the proposed foundation design is in accordance with the nominated compliance path, i.e. NZS3604:2011.
NZS3604:2011 Section 3 provides test methods for determining soil bearing capacity for buildings designed in accordance with the standard.

If a site does not comply with the definition of good ground, as described in NZS3604:2011, the foundations shall be the subject of specific engineering design (SED) and investigation as appropriate

Specific Engineering Design (SED) elements

Where building consent applications contain significant Specific Engineering Design (SED) elements supported by a PS1 statement (Design) an appropriate construction monitoring schedule, from a suitably qualified individual (CPEng) will be required to be provided as part of the Building Consent application documentation.

Minor SED elements contained within the design will be assessed for suitability of inspection by MDC Building Inspectors at time of processing.

Guidance on how to manage the Building Warrant of Fitness (BWoF) process in the event that a scheduled IMR procedure has been missed is on the building.govt.nz 'Inspection and maintenance of specified systems' page here.

The page also contains links to the new forms that have been developed. This guidance is not mandatory but offers an option for building owners and TAs where there are legitimate reasons for the missed procedures.

Update on Plumbing and drainage, protection from fire , structural stability of hollow core floors and energy efficiency.

Find out more.

From 2 May 2026, building consent applications that choose to follow the Acceptable Solution for potable water plumbing systems, must ensure all products meet the following requirements for copper alloy products:

• lead-free
• dezincification resistant

Find out more.

Certificate of acceptance

The Building Act 2004 introduced the ability for a Council to recognise and accept work that has been carried out without building consent, or where another building consent authority cannot issue a code compliance certificate (e.g. a former private building certifier).

Ministry of Business, Innovation and Employment (MBIE) Building and Housing has produced guidance for building officials on processing applications for a certificate of acceptance. The guidance also outlines the requirements for applying for a certificate of acceptance and situations where one is needed.

A certificate of acceptance is a document from the Council that states that it has reasonable grounds to believe that specified building work complies with the building code.

An application can be made if building work has taken place after 1 July 1992 and:

• An owner or previous owner carried out or arranged building work without a building consent (but consent should have been obtained); or
• Where building work has been carried out urgently in accordance with Section 42 of the Building Act 2004; or
• In circumstances where a private building consent authority is unable or refuses to issue a code compliance certificate.

The certificate may be qualified to identify parts that could not be inspected by the Council, in which case the Council's liability is limited to the extent that it was able to inspect.

It may also be refused if building work does not comply or where there is not enough evidence of compliance.

When to apply for a certificate of acceptance

You should apply for a certificate of acceptance if the building work meets the requirements above, and you have evidence that the building work complies with the building code.

If either of the situations below apply, please email building@mackenzie.govt.nz to discuss before you carry out rectification work, apply for building consent, or apply for a certificate of acceptance if:

• you are uncertain whether the building work complies with the building code even after obtaining expert advice and reports, then it may still be possible to apply for a certificate of acceptance. These applications would normally take longer to process, be more expensive, and with a higher possibility of being refused.
• you know the building work does not comply with the building code then you would usually need to apply for building consent to rectify that work. In some situations, the rectification work may be exempt from building consent (see guidance on exempt building work), however, you should be careful not to cover in building work that the Council will need to see before making a decision on compliance.

In some cases, it may be more practical and cost-effective to remove the work or building completely.

You will require both a building consent and a certificate of acceptance when:

• Some of the building work complies and some does not. The certificate of acceptance will be for the compliant building work and the building consent for the rectification work. The code compliance certificate and the certificate of acceptance may be issued at the same time in this situation.
• You have started building work, and the building work already completed complies with the code. You will need a building consent to complete the building work. No further building work may proceed until the building consent is issued.

Urgent or emergency building work

• Before building work is considered to be urgent there must be such an imminent danger to life, health or property that it is impracticable to obtain building consent in advance. This is a high threshold that very little earthquake repair work meets.
• The building work that could be undertaken under this provision would only be the building work necessary to remove the immediate problem, and not the completion of other building work.
• A further requirement for people undertaking urgent building work is for a certificate of acceptance application to be made as soon as practicable after completion of the urgent building work.

Consented work

• If you did not ask the Council to inspect your consented work you cannot get a certificate of acceptance instead. A certificate of acceptance cannot be issued where there was a valid building consent for the work.

Apply for a certificate of acceptance

To apply for a certificate of acceptance you will need the following:

• A completed application for Certificate of Acceptance (Form 8) PDF, 457.63 KB, available on the Mackenzie District website - you will also find the respective fee for such an application on the Building Consents Fees and Charges page.
• Plans and specifications that clearly show the building work that has been undertaken. This may include photographs.
• Evidence that the building work complies with the building code as it stands at the time of application (which may differ from the time the building work was carried out). This is required to be in the form of a report that considers all of the building work undertaken and how it complies with relevant building code clauses. It is likely that you will need to engage the services of a suitably qualified and experienced person who understands the building code and the inspection of buildings (an example may be a member of the New Zealand Institute of Building Surveyors, an architect, or in some cases an engineer).
• Any other reports or statements from the people who carried out the building work.

Submit your application

Online

Applying online will save you the cost of scanning fees, allows you to track your certificate of acceptance consent application.

• Apply for a building consent - Objective Build

Email

You can email your application to:

building@mackenzie.govt.nz

Post

Post your application to:

Mackenzie District Council
PO Box 52, Fairlie 7949
53 Main Street, Fairlie, 7925

In-person

Deliver your application either to our Fairlie office, or our Twizel office which is located in Market Place.

After you apply

When the application is submitted it is briefly checked to see that adequate information has been supplied so it can be processed.

Council officers, or in some cases external consultants on behalf of the Council, will then carry out a desktop assessment, followed by an inspection of the building work. We will consider all information that is available to us in order to decide whether we have reasonable grounds that the work complies with the building code.

A comprehensive report will then be written and a recommendation made.

At any stage during the process, there may be communication with you to request clarifications or further information. The Council has 20 working days to process your application but the statutory clock will be stopped until the Council receives all information requested.

The final decision will then be made on whether to issue or refuse to issue the certificate of acceptance, with the decision being released when all fees have been paid.

What is on a certificate of acceptance

Your certificate may include acceptance from the Council that some or all of the building work complies with the building code because we have reasonable grounds to believe this, but it may be qualified to say that we have not been able to inspect some or all of the building work.

If there is work that we do not believe complies, or we do not have enough evidence of compliance, we may enter into discussions with you to change the scope of work that is covered by the certificate.

The certificate of acceptance would then be issued to include only the building work that we believe complies. We may also issue you with a notice to fix that will require you to rectify the non-compliant building work.

Refusing an application for a certificate of acceptance

Your application for a certificate of acceptance may be refused in the following circumstances:

• If we believe that the building work does not comply with the building code, and the non-compliances are significant enough that it would be inappropriate to issue a certificate. A written notice will be given of the refusal and the reason for the refusal with a notice to fix that will require you to rectify the non-compliant building work.
• If there is not enough evidence to determine that the building work complies with the building code. If there are concerns about whether the building is safe or sanitary, then there may be further action taken by the Council.

The Council takes a reasonable approach in assessing an application, considering any inspections done by the Council and all other relevant evidence, including its knowledge of all circumstances surrounding the building work and who undertook the building work.

If you don’t agree with the Council’s decision

If you do not agree with the Council decision then you can apply to the Ministry of Business, Innovation and Employment for a determination at building.govt.nz > Resolving problems > Resolution options > Determinations.