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Ministry of Education New Zealand
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Important

New version effective 20 April 2026

This is the new version of the licensing criterion and associated guidance.

Criterion PF102#

The premises conform to any relevant bylaws of the local authority and the Building Act 2004.

Documentation required#

1. Code Compliance Certificate issued under Section 95 of the Building Act 2004 for any building work undertaken, or alternatively, any other documentation that shows evidence of compliance.

2. If the premises fall under section 100 of the Building Act 2004, or section 108 of the Building Act 2004 applies:

  • a copy of the current Annual Building Warrant of Fitness; or
  • a copy of the compliance schedule if 12 months have not elapsed since the compliance schedule was first issued.

Guidance#

Important

This guidance only covers relevant information for the purposes of meeting this criterion. It is not intended to be a replacement or a comprehensive account of all minimum obligations you may have under bylaws or the Building Act 2004. 

You should contact the relevant authorities or engage suitably qualified persons if you require further advice about those requirements.

How to show you are complying#

If you are conforming to any relevant bylaws of the local authority and the Building Act 2004, you will also comply with this criterion.

Bylaws are rules made by local authorities (that is, your regional council, city council or district council). Local authorities are responsible for investigating complaints about breaches of bylaws and enforcing them. For the purposes of this criterion, relevant bylaws are limited to those which relate to the safety and suitability of premises and facilities for children attending. 

Conforming with the Building Act 2004

Even if you are not a building owner, you have an overall responsibility as a service provider to ensure the licensed premises are safe for children to use. This includes taking reasonable steps to ensure the building owner understands that compliance with this criterion is a condition of your licence.

Code Compliance Certificate

A Code Compliance Certificate (CCC) is a formal statement issued by a building consent authority (this includes most territorial authorities) that confirms the completed building work complies with the building consent.

If you want to operate before a CCC is issued, you may be able to apply for a Certificate for Public Use (CPU) from the building consent authority. A CPU confirms the parts of the premises that can be used safely and may come with conditions. A CPU may be provided to comply with this criterion, but it is temporary.  Code Compliance Certificate will still be required once all building work has been completed.

Compliance schedule and annual building warrant of fitness

If you operate from a building which has safety and essential systems (called specified systems), it must have a compliance schedule. This lists the specified systems and the inspection, maintenance and monitoring procedures to keep them working properly.

If a building has a compliance schedule, you must renew and display a building warrant of fitness (BWoF) every year. A current BWoF confirms all procedures have been complied with.