Assignment

CON101/AS3

3
CON101 Assignment 3
Weighting: 35%

Learning outcomes
This assignment assesses the following learning outcomes:
LO3: Describe the relevance of key statutes and regulations to the NZ construction industry.
LO4: Explain the legal standing of the Treaty of Waitangi, establishing its impact on the
construction industry.

Instructions
• This assignment is divided into ten tasks. Submit all your answers in one document.
• Create a header with your name, student number and assignment number, and number
your pages.
• Write the name and number of the task you are answering.

Submission
Submit your work through the online assessment submission link. Upload your assessment,
then use the Save and Submit assessment buttons. You will get an electronic receipt and your
work is then logged and tracked through our system. Assessments emailed directly to
lecturers will not be accepted.

Referencing and plagiarism

Refer to Referencing and avoiding plagiarism for information on APA referencing and
avoiding plagiarism.

Please note:
This assignment has a suggested word count for each task. These are just
a suggested guide for the length of answer required.

© The Open Polytechnic of New Zealand Ltd 1

 CON101/AS3

Task 1 Tiriti o Waitangi | Treaty of Waitangi

To complete this task, you need to write an explanation of:
• what the Treaty of Waitangi Act 1975 was set up to do
• when and why The Treaty of Waitangi Act 1975 was amended.
Word guide: 150+
[10 marks]

Task 2 Heritage New Zealand Pouhere Taonga Act 2014

In the construction and alteration of any building, there may be historical aspects that need to
be taken into consideration.
To complete this task, you need to write an explanation about Part 1, section 7 of the Heritage
New Zealand Pouhere Taonga Act 2014.
Word guide: 150+
[10 marks]

© The Open Polytechnic of New Zealand Ltd 2

 CON101/AS3

Task 3 Resource Management Act 1991

At your work there has been a debate about what the Resource Management Act 1991
(RMA) does. To complete this task, you need to:
• write an overview of what the RMA does.
Word guide: 100+
• write an explanation of why there are differences in the requirements of the RMA for city
councils and for regional councils.
Word guide: 40+
• write an explanation about what you must do if the activity you want to carry out isn’t
clearly identified as either a permitted or prohibited activity in the district or regional
plan.
Word guide: 40+
• write, in your own words about how The Treaty of Waitangi also has an impact on the
RMA. Explain what section 8 of the RMA is about.
Word guide: 40+
• name at least four Acts that would impact the development of land that is on the
foreshore of Lake Rotorua and explain what effect each of these Acts has.
Word guide:100+
[30 marks total]

© The Open Polytechnic of New Zealand Ltd 3

 CON101/AS3

Task 4 The Building Act 2004

A neighbour has built, as a DIY project, a 55m² sleepout. This small structure was complete
with kitchen facilities, shower, and a toilet. The council found out and advised that the
building would have to be demolished.
To complete this task, write an explanation for each of the following:
• Why the council came to this decision.
• What the neighbour could do in that situation to avoid demolishing the sleepout.
• How the sleepout might have been designed and built differently to avoid this problem.
Word guide: 400+
[10 marks]

Task 5 Health and Safety at Work Act 2015

A builder describes a panic at their worksite after an incident when a workmate fell down a
foundation hole and broke his leg.
To complete this task, write an explanation about what happens when an accident like this
occurs on site, covering each of the following:
• the types of harm regarding site accidents as identified by WorkSafe
• the actions that need to be taken to notify WorkSafe after a workplace accident has
occurred and how soon you should notify them after the incident.
Word guide: 300+
[10 marks]

© The Open Polytechnic of New Zealand Ltd 4

 CON101/AS3

Task 6: Construction Contracts Act 2002

You have had a query about the Construction Contracts Act 2002 from your client. They
want to know what the Construction Contracts 2002 Act is about and how it might affect their
building project. They are also curious about the background of the Act.
To complete this task, you need to:
• Write an overview of what the Act is intended to achieve and how it will do this.
• Write an explanation about the payment process sanctioned by the Act.
Word guide: 200+
[5 marks]

Task 7: Consumer Guarantees Act 1993

To complete this task, you need to write an explanation about:
• what the Consumer Guarantees Act 1993 does
• how the Consumer Guarantees Act 1993 provides protection for both buyer and seller
• what remedies are available under the Consumer Guarantees Act 1993.
Word guide: 150+
[5 marks]

Task 8: Companies Act 1993

To complete this task, you need to write an explanation about:
• the relevance of the Companies Act 1993 to the construction industry.
• the protections the Companies Act 1993 may give, keeping in mind that most building
contractors and designers are small businesses with 2–5 staff.
Word guide: 150+
[5 marks]

© The Open Polytechnic of New Zealand Ltd 5

 CON101/AS3

Task 9: Acts for specialist trades

The two Acts that are important to the construction industry are:
• Electricity Act 1992
• Plumbers, Gasfitters, and Drainlayers Act 2006

To complete this task, you need to write an explanation in your own words about:
• what each of these two acts do
• what each of the two acts effect is on the construction industry and on construction
projects.
Word guide: 100+
[10 marks]

Task 10: Licensing Building Practitioners (LBP)

Your client will be required to employ several suitably qualified professionals to undertake
the project. These will include designers’ carpenters, roofers etc. Under the Building Act
2004 Part 4 sets up LBP for Restricted building Work (RBW).
To complete this task, you need to:
• Write an explanation to your client about what meant by RBW and what work it covers.
• Write and description to your client about what the LBP system is and what categories
this covers and why.
Word guide: 100+
[5 marks]

© The Open Polytechnic of New Zealand Ltd 6

 CON101/AS3

Assignment 3 Marking rubric (35% of total course mark)

The following table shows how the marks are allocated for the tasks and guidelines in Assignment 3.

Task 1 0-2 marks 3-4 marks 5-6 marks 7-8 marks 9-10 marks
A written Poor attempt with An attempt at Good explanations Accurate Excellent
explanation of: little or no explaining what the of what the treaty explanations of what explanations of what
• what the Treaty explanation treaty was set up to was set up to do and the treaty was set up the treaty was set up
of Waitangi Act provided. do and when and when and why it was to do and when and to do and when and
1975 was set up why it was amended. amended. why it was amended. why it was amended.
to do
• when and why
The Treaty of
Waitangi Act
1975 was
amended
 CON101/AS3

Task 2 0-2 marks 3-4 marks 5-6 marks 7-8 marks 9-10 marks
A written Poor attempt with An attempt at Good explanations Accurate Excellent
explanation of Part little or no explaining what the of Part 1, section 7 explanations of Part explanation of Part 1,
1, section 7 of the explanation treaty was set up to of the Heritage New 1, section 7 of the section 7 of the
Heritage New provided. do and when and Zealand Pouhere Heritage New Heritage New
Zealand Pouhere why it was amended. Taonga Act 2014. Zealand Pouhere Zealand Pouhere
Taonga Act 2014. Taonga Act 2014. Taonga Act 2014.
 CON101/AS3

Task 3 0-6 marks 7-12 marks 13-18 marks 19-24 marks 25-30 marks
Resource
Management Act
1991

A written No or poor attempt A poor attempt at An attempt at A good explanation Explains fully what
explanation about: at explaining what explaining what the explaining what the of what the RMA the RMA does.
• what the RMA the RMA does. RMA does. RMA does. does. Clearly outlines the
does Doesn’t outline the Doesn’t outline all Attempts to outline a Outlines some differences in
• why there are differences in the differences in few differences in differences in council requirements
differences in the council requirements council requirements council requirements council requirements for RMA.
requirements of for RMA. for RMA. for RMA. for RMA.
the RMA for city Clearly explains how
councils and for No or poor Incomplete Attempts to explain Explains how to find to find out about
regional explanation of how explanation of how how to find out out about non-listed non-listed activities.
councils. to find out about to find out about about non-listed activities.
• what you must non-listed activities. non-listed activities. activities. Gives a clear account
do if the activity Explains the impacts of the impacts of the
you want to carry Poor explanation of Poor explanation of Begins to explain the of the Treaty of Treaty of Waitangi.
out isn’t clearly the impacts of the the impacts of the impacts of the Treaty Waitangi.
identified as Treaty of Waitangi. Treaty of Waitangi. of Waitangi.
either a permitted Lists four or more
or prohibited Lists four Acts that Acts that would
activity in the Lists none or one Lists two Acts that Lists three Acts that would impact the impact the
district or Act that would would impact the would impact the development of land development of land
regional plan. impact the development of land development of land that is on the that is on the
development of land that is on the that is on the foreshore with a foreshore with a
that is on the foreshore with no or foreshore with an good explanation of clear explanation of
foreshore with no or poor explanation of explanation of why why they would why they would
poor explanation of why they would
 CON101/AS3

• how The Treaty why they would impact the they would impact impact the impact the
of Waitangi also impact the development. the development. development. development.
has an impact on development.
the RMA. what
section 8 of the
RMA is about.
• at least four Acts
that would
impact the
development of
land that is on
the foreshore of
Lake Rotorua
and explain what
effect each of
these Acts has.
 CON101/AS3

Task 4 0-2 marks 3-4 marks 5-6 marks 7-8 marks 9-10 marks
The Building Act
2004
A written Provides no, to little Only provides a poor Either writes one Gives good Explains fully why
explanation about: explanation of the explanation of the part in full but with explanation of why the council came to
• Why the council three situations with three situations with less good the council came to their decision with
came to the little to no reference little reference to the explanations of the their decision with reference to the
decision. to the Building Act. Building Act other two parts or some reference to the Building Act.
only gives partial Building Act.
• What the
answers to all three
neighbour could Gives a clear account
parts.
do in that Gives a useful of what might be
situation to avoid Some reference to account of what done to avoid
demolishing the the Building Act. might be done to demolition of the
sleepout. avoid demolition of sleep out and how it
• How the sleepout the sleep out and might have been
might have been how it might have designed differently.
designed and been designed
built differently differently.
to avoid this
problem.
 CON101/AS3

Task 5 0-2 marks 3-4 marks 5-6 marks 7-8 marks 9-10 marks
Health and Safety
at Work Act 2015
A written No attempt or poor An attempt at Good attempt at Good explanation of Excellent
explanation about attempt at explaining explaining the types explaining the types the types of harm explanation of the
what happens with the types of harm of harm regarding of harm regarding regarding site types of harm
an accident on site regarding site site accidents as site accidents as accidents as regarding site
including each of the accidents as identified by identified by identified by accidents as
following: identified by WorkSafe. WorkSafe but WorkSafe. identified by
WorkSafe. doesn’t cover WorkSafe.
• the types of harm
everything.
regarding site Explains one or two Good explanation,
accidents as No attempt or a poor of the actions not all the actions Clear, excellent
identified by attempt at explaining covered that need to Explains some of the covered that need to explanation about the
WorkSafe one of the actions be taken to notify actions covered that be taken to notify actions that need to
• the actions that covered that need to WorkSafe after a need to be taken to WorkSafe after a be taken to notify
need to be taken be taken to notify workplace accident notify WorkSafe workplace accident WorkSafe after a
to notify WorkSafe after a has occurred. after a workplace has occurred. workplace accident
WorkSafe after a workplace accident accident has has occurred.
workplace has occurred. occurred.
No timeline of how Good explanation of
accident has soon you should how soon you should Excellent
occurred and No timeline of how notify Work Safe Inaccurate timeline notify Work Safe explanation of how
how soon you soon you should after an incident. of how soon you after an incident. soon you should
should notify notify Work Safe should notify Work notify Work Safe
them after the after an incident. Safe after an after an incident.
incident. incident.
 CON101/AS3

Task 6 0-1 marks 2 marks 3 marks 4 marks 5 marks

Construction
Contracts Act
2002
A written Poor attempt: Some information Most of the Good attempt. All or Excellent. All
explanation for Minimal or no provided but information provided majority of the information provided
Construction attempt at finding incomplete or is correct but could information provided about the process
Contracts Act 2002 required information. incorrect. be explained more is correct. that would need to be
• what the Act is clearly to Explanation is good undertaken is correct
intended to demonstrate an and demonstrates and clearly
achieve and how understanding of the some understanding demonstrates an
it will do this. Act. of the Act. understanding of the
Act.
• the payment
process
sanctioned by the
Act.
 CON101/AS3

Task 7 0-1 marks 2 marks 3 marks 4 marks 5 marks

Consumer
Guarantees Act
1993
A written Poor attempt: Some information Most of the Good attempt. All or Excellent. All
explanation about: Minimal or no provided but information provided majority of the information provided
• what the attempt at finding incomplete or is correct but could information provided about the process is
Consumer required information. incorrect. be explained more is correct. correct and clearly
Guarantees Act clearly to Explanation is good demonstrates a
1993 does demonstrate an and demonstrates thorough
understanding of: some understanding understanding of :
• how the of:
Consumer • What the Act • What the Act
Guarantees Act does • What the Act does
1993 provides • How the Act does • How the Act
protection for provides • How the Act provides
both buyer and protection to: provides protection to:
seller o The seller protection to: o The seller
• what remedies o The buyer o The seller o The buyer
are available • What remedies o The buyer • What remedies
under the are available • What remedies are available
Consumer are available
Guarantees Act
1993.
 CON101/AS3

Task 8 0-1 marks 2 marks 3 marks 4 marks 5 marks

Companies Act
1993

A written Poor attempt: Some information Most of the Good attempt. All or Excellent. All
explanation about: Minimal or no provided but information provided majority of the information provided
• the relevance of attempt at finding incomplete or is correct but could information provided about the due
the Companies required information. incorrect. be explained more is correct. diligence process and
Act 1993 to the clearly to Explanation is good responsibility of
construction demonstrate and and demonstrates Director is correct and
industry. understanding of some understanding thorough.
responsibilities. of responsibilities.
• the protections
the Companies
Act 1993 may
give, keeping in
mind that most
building
contractors and
designers are
small businesses
with 2–5 staff.
 CON101/AS3

Task 9 0-2 marks 3-4 marks 5-6 marks 7-8 marks 9-10 marks
Electricity Act 1992
Plumbers,
Gasfitters, and
Drainlayers Act
2006

A written explanation Poor attempt: Little or Acceptable. Some Most of the Good attempt. Most of Excellent. The
about: no attempt to address information may be information is correct the information information clearly
the different classes of missing or incorrect. and demonstrates and provided is correct. identifies the duties
• what the
registration/licensing or The classes of understanding of the Explanation is good each class of
Electricity Act
limitations on tasks registration/licensing different classes of and identifies the registration/licensing is
1992 does
permitted. have been addressed registration/licensing. duties each class of permitted to undertake.
• what the Plumbers, but the limitations on registration/licensing is
Gasfitters and tasks permitted have permitted to undertake.
drainlayers Act not been adequately
2006 does covered.
• the effects of each
Act on the
construction
industry.
 CON101/AS3

Task 10 0-1 marks 2 marks 3 marks 4 marks 5 marks

Licensing
Building
Practitioners
(LBP)
• A written Poor attempt: Some information Most of the Good attempt. Excellent. All
explanation to Minimal or no provided but information provided Majority of the information provided
the client about attempt at finding incomplete or is correct but could information provided about the process is
what meant by required information. incorrect. be explained more is correct. correct and clearly
RBW and what clearly to Explanation and demonstrates a
work it covers. demonstrate an description are both thorough
• A written understanding of the good and understanding of
description to the process. demonstrate an steps to be taken.
client about what understanding of
the LBP system steps to be taken.
is and what
categories this
covers and why.