Key findings of the review
The key findings of the review are outlined under each heading of the review's terms of reference. This section also outlines the Department's recommendations and how the Council acted upon or responded to each recommendation.
1 - Organisational and management structure
Purpose
To summarise the Council's building control organisational and management structure and to identify any issues with its efficiency and effectiveness, and consider how the Council delegates its legislative powers, duties and responsibilities.
Background
Section 232 of the Building Act 20044 covers the delegation of powers of territorial authorities. This section links to Schedule 7 of the Local Government Act 2002, which sets out local authorities' broad powers of delegation.
Initial review
At the time of the initial review, the Council was reforming its organisational structure. It was proposing to create three separate units, with each having specific building control responsibilities. Decisions about roles and responsibilities had not been finalised and there was still some uncertainty about who would be responsible for following up on instances of non-compliant building work.
The Council had made delegations of certain functions to named staff, rather than to positions. This meant that delegations required regular updating when staff left the Council or moved jobs.
The residential and commercial building consent processing teams had high numbers of staff vacancies and were under-resourced.
| Recommendations made to the Council |
Action taken by the Council before the follow-up review |
| Urgently recruit additional technical staff to fill current vacancies. |
The Council was using three contractors to process most of its building control work. This issue is discussed under part 11 of the review's terms of reference (Human resources). |
| Urgently cross-skill existing staff to provide adequate levels of back-up for key positions within the building control department. |
This was partially achieved through engaging three different contractors with complementary skills and experience. This issue is further discussed under part 12 of the review's terms of reference, below (Technical Knowledge and Ability of Staff). |
| Urgently finalise the exact responsibilities of the three units responsible for building control, and clearly identify which unit is responsible for issuing notices for non-compliance. |
This issue is no longer relevant owing to the recent organisational reform. |
| Ensure that delegations have been made for all sections of the Building Act, which require authorised officers to perform the respective functions, duties, or powers (ie, there are no gaps in the Council's list of delegations for its regulatory building control responsibilities). |
Delegations reflecting the requirements and responsibilities of the Building Act 2004 were made. |
Follow-up review
No further recommendations were made in the follow-up review.
The Council changed its organisational structure significantly after the initial review. The Council now uses three contractors to undertake the majority of consent processing and inspections. Applicants may either apply directly to the Council or to one of the contractors. Applications made directly to the Council are forwarded to a contractor based on the preference of the applicant, the nature of the application and workload considerations.
While the Council's contractors process consents and conduct inspections, the Council remains responsible for issuing consents, code compliance certificates and compliance schedules. Additionally, the Council is responsible for managing the regulatory process (including monitoring statutory timeframes), auditing contractors, issuing notices to fix and undertaking enforcement action where required.
The structure at the time of the follow-up review is shown below:
The Council also provided the following chart to summarise the key relationships in its building control structure.
Conclusion
The recommendations from the initial review have been substantially addressed by the Council's restructuring. Outstanding issues are discussed under parts 11 and 12.