BuildLaw Issue 28 June 2017 | Page 6

BuildLaw: In Brief

Building (Earthquake-prone Buildings) Amendment Act 2016
From 1 July 2017, the Building (Earthquake-prone Buildings) Amendment Act 2016 (the Amendment Act) is expected to take effect.
It will ensure the way our buildings are managed for future earthquakes is consistent across the country, and provide more information for people using buildings, such as notices on earthquake-prone buildings and a public register.
Earthquake-prone buildings pose a risk to people or other property in a moderate earthquake event. The primary objective in managing these buildings is to protect people. This means that the law focuses on the most vulnerable buildings in an earthquake in terms of the risk to people’s safety.
The Building Act 2004 sets up the framework for how to manage buildings for future earthquake risk. Building users, owners, councils and engineers need to be aware of the upcoming changes to how earthquake-prone buildings will be managed, as this will affect you. New framework for managing earthquake-prone buildings on the MBIE Corporate website has further information.

MBIE clarifies Commerce Commission ruling on J-Frame Laminated Veneer Lumber
After a period of relative quiet, a couple of decisions have recently been issued by the Courts in relation to the Construction Contracts Act 2002.
J-FRAME is a general purpose structural laminated veneer lumber gauged framing timber manufactured by JNL from 100% renewable Radiata Pine, plantation forest. According to JNL’s website, J-FRAME is an independently certified engineered wood product, to AS/NZS4357 (Structural LVL) that is a reliable straight and durable product that can be used in a wide range of applications including residential and commercial framing and truss systems.
On 9 June 2017, the Commerce Commission issued a compliance advice letter regarding the labelling of J-Frame Laminated Veneer Lumber.








The Commerce Commission stated in that compliance advice letter that J‐Frame laminated veneer lumber, manufactured by Juken New Zealand Limited:
• did not meet the requirements of NZS 3640
• was incorrectly labelled as H1.2
• may not have complied with AS/NZS 1604.4 because it does not carry an “E” label signifying that it is an envelope treatment.
On 28 June 2017 MBIE issued Building Controls Update No. 217 to describe the form of the Commerce Commission’s action and to clarify some of the wording in relation to the labelling of J-Frame Laminated Veneer Lumber. MBIE says:
The Commission’s compliance advice letter is about labelling and makes no judgment about the durability and performance characteristics of Juken's J‐Frame product or whether it is fit for purpose.
This advice is intended to clarify the position of building consents involving J‐Frame following the Commission’s compliance advice letter.