Accessibility
s 7 [definitions], ss 117-120, sch 2 Building Act 2004
Access and facilities for people with disabilities was enshrined in the Building Act 1991 and has been in the building Code since 1992. In addition, NZS 4121 has been a means of compliance since the 1970s and is the only standard referenced in the Building Act 2004 as such.
The 2004 version of the Act provides access and facilities for people with disabilities in buildings in certain specified buildings (see Schedule 2).
“Person with a disability” (see Section 7) has a wide definition not just mobility or hearing and sight, it also includes cognitive, mental, and other similar impairments.
There are requirements for “reasonable and adequate” provision for such people in respect of “access, parking provisions, and sanitary conveniences.” (See s 117-120) Broadly this means that an accessible building is one which people with disabilities can use in the same way as anyone else. This includes accessible routes to and within the building, and for the use of its facilities.
The 2004 version of the Act provides access and facilities for people with disabilities in buildings in certain specified buildings (see Schedule 2).
“Person with a disability” (see Section 7) has a wide definition not just mobility or hearing and sight, it also includes cognitive, mental, and other similar impairments.
There are requirements for “reasonable and adequate” provision for such people in respect of “access, parking provisions, and sanitary conveniences.” (See s 117-120) Broadly this means that an accessible building is one which people with disabilities can use in the same way as anyone else. This includes accessible routes to and within the building, and for the use of its facilities.
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Case Law
Western Bay of Plenty District Council v Limmer [2020] NZDC 12902
Talley's Group Ltd v Tasman District CouncilDC Wellington CIV-2009-085-1156, 19 August 2010
IHC New Zealand Inc v Building Industry Authority HC Wellington CP106/00, 28 September 2001
Pomeroy v Police (1999) 5 HRNZ 405 (HC)
- Building Act 2004. Human Rights Act 1993. MBIE Determination appeal. This case looked at wheelchair access in worker accommodation on orchards.
Talley's Group Ltd v Tasman District CouncilDC Wellington CIV-2009-085-1156, 19 August 2010
- Building Act 2004. Building Act 1991. MBIE Determination appeal. This case looked at accessible bathrooms and the phrase “as nearly as is practicable” in relation to G1 of the Building Code
IHC New Zealand Inc v Building Industry Authority HC Wellington CP106/00, 28 September 2001
- Building Act 1991. This case looked at particular requirements for fire precautions for community care buildings that had people with disabilities as their main users.
Pomeroy v Police (1999) 5 HRNZ 405 (HC)
- New Zealand Bill of Rights Act 1990. This case had an elderly/impaired defendant who was tried in upstairs Court with no lift access, had been convicted and sentenced in his absence.
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Most Recent Determinations:
2019/051: Regarding provision of access and facilities for people with disabilities to an existing house being used to accommodate seasonal workers
Refusal to consent to a change of use for existing building, seasonal worker accommodation, requirement to provide access and facilities for persons with disabilities to and within buildings.
2019/041: Regarding the provision of an accessible route to a cupola with an elevated viewing platform on a landscaped roof area
Whether a lift is required to an elevated viewing platform on a landscaped roof area, discusses the definition of “storey” for the purpose of Clause D1.3.4 of the Building Code, whether a cupola is an “ancillary” building as defined in Clause A1 of the Building Code.
2018/042: Refusal to issue a code compliance certificate for a viewing platform
Viewing platform and associated parking, Clause D1 Access routes, whether an access route to the platform was needed, whether gravel access track and car parking provide reasonable and adequate access in terms of Clauses D1 and B2 Durability.
2018/036: Compliance of a new swimming pool complex, in relation to access for people with disabilities into the pools
Installation of a hoist in pool, whether members of the public will be admitted to pool, whether section 118 applies, and whether a waiver or modification of Clause D1 can be granted.
2018/032: Open risers in an existing building undergoing alterations
Refusal to grant an amendment to a building consent for alterations. requirement of close risers to single set of stairs, application of section 112(1)(a), Clause D1 Access routes considering phrase "as nearly as is reasonably practicable"
2018/018: Decision to aggregate the floor areas of two buildings in a new development to determine Clause D1 Access requirements
New office building, adjacent hotel, aggregation of floor areas, requirement for a lift.
2018/008: Accessible parking facilities for a proposed mixed-use building
Parking provisions and commercial spaces on ground floor, mechanical stacking car parks for use by residents only.
2018/007: Compliance of door thresholds to a proposed gymnasium in a school
Door thresholds to proposed school gymnasium, 20mm level change in external and internal surfaces, D1/AS1, C/AS4 and E2/AS1 discusses terms “stepped threshold”, “weather stop” and “isolated step”.
Refusal to consent to a change of use for existing building, seasonal worker accommodation, requirement to provide access and facilities for persons with disabilities to and within buildings.
- Note: The decision of this Determination was upheld on appeal to the District Court. See: Western BOP DC v Limmer & NZ Kiwifruit Growers Inc
2019/041: Regarding the provision of an accessible route to a cupola with an elevated viewing platform on a landscaped roof area
Whether a lift is required to an elevated viewing platform on a landscaped roof area, discusses the definition of “storey” for the purpose of Clause D1.3.4 of the Building Code, whether a cupola is an “ancillary” building as defined in Clause A1 of the Building Code.
2018/042: Refusal to issue a code compliance certificate for a viewing platform
Viewing platform and associated parking, Clause D1 Access routes, whether an access route to the platform was needed, whether gravel access track and car parking provide reasonable and adequate access in terms of Clauses D1 and B2 Durability.
2018/036: Compliance of a new swimming pool complex, in relation to access for people with disabilities into the pools
Installation of a hoist in pool, whether members of the public will be admitted to pool, whether section 118 applies, and whether a waiver or modification of Clause D1 can be granted.
2018/032: Open risers in an existing building undergoing alterations
Refusal to grant an amendment to a building consent for alterations. requirement of close risers to single set of stairs, application of section 112(1)(a), Clause D1 Access routes considering phrase "as nearly as is reasonably practicable"
2018/018: Decision to aggregate the floor areas of two buildings in a new development to determine Clause D1 Access requirements
New office building, adjacent hotel, aggregation of floor areas, requirement for a lift.
2018/008: Accessible parking facilities for a proposed mixed-use building
Parking provisions and commercial spaces on ground floor, mechanical stacking car parks for use by residents only.
2018/007: Compliance of door thresholds to a proposed gymnasium in a school
Door thresholds to proposed school gymnasium, 20mm level change in external and internal surfaces, D1/AS1, C/AS4 and E2/AS1 discusses terms “stepped threshold”, “weather stop” and “isolated step”.
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Older Determinations:
2017
2017/084: Compliance of new building without a lift with regard to disability access
2017/025: Access and facilities for people with disabilities to a hypothetical public dive pool
2017/025: Access and facilities for people with disabilities to a hypothetical public dive pool
2016
2016/050: Regarding whether proposed alterations to a three-level office building require a lift to satisfy requirements for persons with disabilities
2016/036: Regarding access for people with disabilities to the lower level of a new rowing club building
2016/021: Regarding the compliance of proposed access for people with disabilities to one of three swimming pools in a proposed aquatic centre
2016/014: Regarding access and facilities for people with disabilities to a gym in an existing two-storey building
2016/007: Regarding the code compliance of access for people with disabilities to three swimming pools in a proposed aquatic centre
2016/036: Regarding access for people with disabilities to the lower level of a new rowing club building
2016/021: Regarding the compliance of proposed access for people with disabilities to one of three swimming pools in a proposed aquatic centre
2016/014: Regarding access and facilities for people with disabilities to a gym in an existing two-storey building
2016/007: Regarding the code compliance of access for people with disabilities to three swimming pools in a proposed aquatic centre
2014
2014/057: Dispute about provision of an accessible reception counter to a Corrections facility
2014/054: The provision of an accessible route and accessible facilities in a new building at a mediation centre
2014/053: The compliance of a new commercial laboratory building without an accessible lift to the first floor
2014/040: Regarding the issue of a building consent and subsequent amendments in respect of access for people with disabilities to a new swimming pool
2014/039: Regarding access for people with disabilities to a proposed building that forms part of a large urban development area
2014/038: Regarding the compliance of access for people with disabilities to a new swimming pool at an aquatic centre
2014/054: The provision of an accessible route and accessible facilities in a new building at a mediation centre
2014/053: The compliance of a new commercial laboratory building without an accessible lift to the first floor
2014/040: Regarding the issue of a building consent and subsequent amendments in respect of access for people with disabilities to a new swimming pool
2014/039: Regarding access for people with disabilities to a proposed building that forms part of a large urban development area
2014/038: Regarding the compliance of access for people with disabilities to a new swimming pool at an aquatic centre
2013
2013/069: Regarding the refusal to issue a code compliance certificate for a new medical centre because of the height of the door handles.
2013/039: Regarding the provision of access from a seawall to the adjacent beach
2013/036: Access for people with disabilities to a school building undergoing earthquake repair
2013/029: Whether access and facilities for people with disabilities are required at a private campground
2013/014: The compliance of a stair to proposed alterations to a cattery
2013/039: Regarding the provision of access from a seawall to the adjacent beach
2013/036: Access for people with disabilities to a school building undergoing earthquake repair
2013/029: Whether access and facilities for people with disabilities are required at a private campground
2013/014: The compliance of a stair to proposed alterations to a cattery
2012
2012/047: Dispute about the provisions for access and facilities for people with disabilities to a cinema complex
2012/033: Provision of lift access in alterations to an existing two-storey administration building for the NZ Fire Service
2012/033: Provision of lift access in alterations to an existing two-storey administration building for the NZ Fire Service
2010
2010/089: Access for people with disabilities to a landscaped garden area
2010/066: The provision of access and facilities for people with disabilities to a new building
2010/028: The provision of access for people with disabilities to a gymnasium
2010/066: The provision of access and facilities for people with disabilities to a new building
2010/028: The provision of access for people with disabilities to a gymnasium
2009
2009/117: Access and facilities for people with disabilities for a small alteration to buildings located at a fish processing factory
2009/110: Access for people with disabilities to a café
2009/079: Providing access for people with disabilities as part of proposed alterations to a takeaway bar
2009/070: Provision of accessible toilet facilities in an altered office building in an industrial complex
2009/027: Access for people with disabilities to a relocatable classroom
2009/110: Access for people with disabilities to a café
2009/079: Providing access for people with disabilities as part of proposed alterations to a takeaway bar
2009/070: Provision of accessible toilet facilities in an altered office building in an industrial complex
- Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Talley's Group Limited v Tasman District Council (District Court, Wellington, 19 August 2010, CIV-2009-085-1156).
2009/027: Access for people with disabilities to a relocatable classroom
2008
2008/122: The provision of access and facilities for persons with disabilities in an alteration to a building containing a café
2008/116: Refusal of a code compliance certificate for a new kindergarten
2008/111: Access and facilities for people with disabilities to a building providing kitchen and ablution facilities at an orchard
2008/083: Access for people with disabilities to a viewing platform
2008/078: Provision of lift access to a unit in an office development
2008/068: Provision of an access stair in a proposed multi-storey serviced apartment / hotel building
2008/060: Provision of lift access in the alteration and change of use of a commercial building
2008/058: Provision of an accessible toilet in a proposed alteration to a building containing a café
2008/047: Provision of lift access in a proposed unit–title development containing a cluster of 25 units
2008/016: Provision of lift access in the alteration and change of use of a building
2008/116: Refusal of a code compliance certificate for a new kindergarten
2008/111: Access and facilities for people with disabilities to a building providing kitchen and ablution facilities at an orchard
2008/083: Access for people with disabilities to a viewing platform
2008/078: Provision of lift access to a unit in an office development
2008/068: Provision of an access stair in a proposed multi-storey serviced apartment / hotel building
2008/060: Provision of lift access in the alteration and change of use of a commercial building
2008/058: Provision of an accessible toilet in a proposed alteration to a building containing a café
2008/047: Provision of lift access in a proposed unit–title development containing a cluster of 25 units
2008/016: Provision of lift access in the alteration and change of use of a building
2007
2007/080: Upgrading of accessible toilet facilities in alterations to a school
2007/070: Facilities for people with disabilities in the self-care areas of a prison
2007/070: Facilities for people with disabilities in the self-care areas of a prison
2006
2006/104: Access for people with disabilities to a lookout
2006/073: Access for people with disabilities to the upper floor of a two-storey warehouse and office building
2006/051: Access and facilities for use by people with disabilities
2006/040: Requirement for a lift in building
2006/073: Access for people with disabilities to the upper floor of a two-storey warehouse and office building
2006/051: Access and facilities for use by people with disabilities
2006/040: Requirement for a lift in building
2005
2005/166: Access for people with disabilities to an upper floor
2005/144: Stairs to a raised storage area in the alteration of an equipment maintenance and sale building
2005/49: Access for people with disabilities to mezzanine floors in a supermarket
2005/144: Stairs to a raised storage area in the alteration of an equipment maintenance and sale building
2005/49: Access for people with disabilities to mezzanine floors in a supermarket
2004
2004/65: Accessible counters in a commercial building
2004/013: Access and facilities for people with disabilities in a tavern
2004/013: Access and facilities for people with disabilities in a tavern
2003
2003/11: Access and facilities for people with disabilities in the conversion of a commercial building to a health club
2003/09: Access and facilities for people with disabilities in a new motel
2003/05: Access and facilities for people with disabilities in the alteration of a cinema building
2003/02: Access and facilities for people with disabilities in the alteration of a commercial building
2003/01: Access for people with disabilities to the stage in a school hall
2003/09: Access and facilities for people with disabilities in a new motel
2003/05: Access and facilities for people with disabilities in the alteration of a cinema building
2003/02: Access and facilities for people with disabilities in the alteration of a commercial building
2003/01: Access for people with disabilities to the stage in a school hall
2002
2002/09: Provision of ramp access in the alteration of an office building
2002/08: Access and facilities for people with disabilities in the alteration of a warehouse and office complex
2002/05: Access and facilities for people with disabilities in the reconstruction of part of a shop
2002/08: Access and facilities for people with disabilities in the alteration of a warehouse and office complex
2002/05: Access and facilities for people with disabilities in the reconstruction of part of a shop
2001
2001/13: Access for people with disabilities in a new fish processing facility
2001/10: Access to an air traffic control tower
2001/04: Installation of a lift to a training restaurant
2001/10: Access to an air traffic control tower
2001/04: Installation of a lift to a training restaurant
2000
2000/05: Installation of a small lift in an airport terminal building
2000/02: Use of a footbridge by people with disabilities
2000/02: Use of a footbridge by people with disabilities
1999
1999/015: Installation of a lift on the addition of a bar to a hotel
1999/011: Access for people with disabilities in a car service area
1999/003: Access for people with disabilities in a building on two levels each accessible from the outside
1999/001: Installation of a lift in the alteration of a primary school
1999/011: Access for people with disabilities in a car service area
1999/003: Access for people with disabilities in a building on two levels each accessible from the outside
1999/001: Installation of a lift in the alteration of a primary school
1998
1998/002: Provisions to be made for people with disabilities in community housing
1998/001: Access for people with disabilities in a hotel
1998/001: Access for people with disabilities in a hotel
1997
1997/009: Access for people with disabilities in the alteration of a factory
1997/003: Access for people with disabilities in the alteration of an office building with a carparking area beneath it
1997/002: Access and facilities for people with disabilities in the alteration of a police station three storeys high
1997/001: Access and facilities for people with disabilities in the alteration of a commercial building two storeys high
1997/003: Access for people with disabilities in the alteration of an office building with a carparking area beneath it
1997/002: Access and facilities for people with disabilities in the alteration of a police station three storeys high
1997/001: Access and facilities for people with disabilities in the alteration of a commercial building two storeys high
1996
1996/005: Access for people with disabilities in a racecourse building
1996/004: Access for people with disabilities in a new primary school
1996/003: Installation of a lift in a new classroom block in a primary school complex
1996/001: Installation of a wheelchair stairlift in an existing local government administration building
1996/004: Access for people with disabilities in a new primary school
1996/003: Installation of a lift in a new classroom block in a primary school complex
1996/001: Installation of a wheelchair stairlift in an existing local government administration building
1995
1995/008: Access for people with disabilities to an underwater viewing chamber
1995/006: Accessible sanitary facilities in a small shop
1995/003: Facilities for people with disabilities to be provided in a building for use by defence force personnel
1995/002: Access for people with disabilities to be provided in the alteration of a local government administration building two storeys high
1995/006: Accessible sanitary facilities in a small shop
1995/003: Facilities for people with disabilities to be provided in a building for use by defence force personnel
1995/002: Access for people with disabilities to be provided in the alteration of a local government administration building two storeys high
1994
1994/006: Access for people with disabilities in the alteration of a building for use by a bank1994/005: Access for people with disabilities in a bank building one storey high
1994/004: Access for people with disabilities by way of a lift in an adjacent building
1994/002: Access for people with disabilities in the conversion of a dwelling to a medical centre
1994/004: Access for people with disabilities by way of a lift in an adjacent building
1994/002: Access for people with disabilities in the conversion of a dwelling to a medical centre
1993
1993/003: Facilities and access for people with disabilities in a Government department office building
1993/002: Facilities and access for people with disabilities in a bank
1993/001: Facilities and access for people with disabilities in a retail development
1993/002: Facilities and access for people with disabilities in a bank
1993/001: Facilities and access for people with disabilities in a retail development
1992
1992/1103: Facilities and access for people with disabilities in a bank