The second, and arguably most enduring, DIY related news story surfaced in 2003 when the government put forward a proposal to reform the New Zealand Building Act, reforms which included, for the first time, specific clauses governing DIY work. (For more details regarding these clauses and the more general regulation of DIY see BOX 1, page 76). These changes – which were part of the government’s response to what became known as the ‘leaky home crisis’ – became the topic of much news reporting, with the public feeling that regulating DIY was a step too far. In response to the public outcry, the government retracted and altered the initial DIY clause. The following headlines capture the tone of the story as it has unfolded in the media; implicitly, they also reflect the high cultural status of DIY in New Zealand:
DIY under threat in bill proposal (Sunday Star Times, 26 October 2003) Legislation may threaten Kiwi can-do approach (The Press, 6 April 2004) Beginning of the end of the Kiwi can-do culture (The Daily News, 1 April 2005)
Killing the Kiwi handyman (Organic NZ, May/June 2006)
Govt will protect Kiwis’ right to DIY, says Minister (Taranaki Daily News, 20 April 2007) Govt free Kiwis to take up their DIY building tools (The Press, 1 October 2008)
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BOX 1: Regulations
Since the 1950s in New Zealand, DIY magazines have included articles reminding homeowners of the importance of adhering to building regulations when carrying out DIY projects, especially laws governing construction (e.g., Consumer, 1993a), plumbing and electrical work (e.g., Consumer, 1969b, 1993b). For health reasons, plumbing perhaps remains the most regulated activity, with DIYers restricted to minor repairs such as changing washers and taps (Consumer Build, online). Under the Electricity Act the homeowner is permitted to carry a small range of minor wiring and electrical tasks, as long as they own and live on the property where they intend to carry out the work, and that the power to their home has been turned off before they start. Regulation 47 of the Electricity Regulations 1997 provides detailed information about the electrical repairs that can be done by the DIY practitioner, which have been summarised by the Ministry of Economic Development (Ministry of Economic Development, 2008); under the regulation the homeowner may:
1. Replace switches, socket outlets, lamp holders, ceiling roses, water heater switches, thermostats and elements. 2. Repair light fittings.
3. Move repair or replace flexible chords that are connected to permanently connected outlets or ceiling roses. 4. Disconnect and reconnect permanently wired appliances.
5. Move switches, sockets and lighting outlets, but only if they are wired with tough plastic sheathed cables.
6. Install, extend or alter any cables, except the main cables that come from the street to your switchboard (this work must be checked and signed off by a licensed electrical inspector providing the homeowner with a Certificate of Compliance).
Regulations currently governing DIY ‘building’ work are more complex, having changed in recent years. Under the Building Act 2004, all building work in New Zealand – including DIY projects – must comply with the New Zealand Building Code which sets out required construction standards, including acceptable building methods and materials (Palmer, et al., 2005). Under the Act, a building consent must be obtained from the local council (or approved and registered consent authority) before work can start. In order to get consent, one must provide the local authority with the particulars of the project – information the authority will then use to assess whether the work complies with the district plan and other relevant regulations, such as the New Zealand Building Code, the Resource Management Act 1991 and the Historic Places Act 1993 (once building work has started, the local authority carries out inspections to ensure the work is following the plan). Building/DIY work which does not require a building permit includes general repair and maintenance work (as long as it is non-structural), decorating tasks, the making of low retaining walls and fences (under 1.5 and 2 metres, respectively), the construction of decks less than 1 metre above ground-level and building work to enclose open-air porches (providing the area is less than 5 square metres) (Palmer, et al., 2005). While a permit is not required for this DIY work, the project must still comply with the New Zealand Building Code. Shaw (2011) notes that the Kiwi DIYer is legally required to obtain a building consent for any project undertaken involving: (1) activities which may affect the structural integrity of the house; (2) the demolition of existing structures on the property; (3) deck-building, when the planned deck is more than one metre above ground level; (4) the moving of doors or windows; and (5) conversions of garage space to living space (Shaw, 2011). Penalties for non-compliance are up to $100,000, although there are other serious implications under the Act (Shaw, 2011). If homeowners carry out the work without consent they will be unable to provide the standard sale and purchase warranty. “Under the standard agreement, the vendor warrants that if they have done or caused or permitted to be done work requiring a building consent, the consent was obtained and the work was completed in accordance with the consent” (Shaw, 2011, p.64). If the seller does not provide this warranty (simply by crossing out the relevant contract clauses), the buyer may be put off the sale. Should the homeowner provide the warranty to the buyer who discovers issues at a later date, they may sue for a breach of warranty. (They have six years to do this from the date of sale). There are also insurance implications for building without consent. All building work – even that which does not need consent – must still be carried out in accordance with the Building Act 2004. The DIYer is responsible for the work and may be held liable for defects identified by subsequent purchasers (Shaw, 2011).
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