Sustainable Construction in New Zealand

Abstract

2005 was declared to be the “Year of the Built Environment” in New Zealand. This article concerns the law relating to the “built environ- ment” and specifically, examines the construction of buildings within an environmental matrix. Starting from the premise that sustainable construction is an imperative if the goal of sustainable development is to be achieved, the article examines the approach taken in New Zealand to “green” building practices. Through an analysis of the Building Act 2004, the Building Code and the Resource Management Act, the author considers whether present regulatory methods can best ensure that construction is conducted in a sustainable manner. The Code to the Building Act 2004 is presently under review and an assessment is made as to the prospects of any revised Code effectively promoting the aim of sustainability. The author concludes that, in the event of the revised Code failing to adequately address the issue, local authorities can use the Resource Management Act to require and to encourage sustainable construction via the use of district plans, conditions on resource consents and financial contributions.

Keywords: Sustainability, New Zealand, resource management, construction law, environmental law

JEL Classification: K00, K32, K23