The Importance of Writing Accurate Producer Statements

In the New Zealand construction industry, producer statements are a cornerstone of the building consent system. Issued by engineers and other suitably qualified professionals, they provide Building Consent Authorities (BCAs) with assurance that design and construction work complies with the Building Code. Used correctly, they streamline compliance, reduce regulatory costs, and allow projects to move forward with confidence.

Recent legal developments, including a Court of Appeal decision, have reinforced just how significant these documents are. An inaccurate producer statement, particularly a PS4 Construction Review, does not just undermine public confidence. It can also expose the signatory to criminal liability under the Building Act 2004.

Understanding Producer Statements

Producer statements act as professional certifications of compliance. The four main forms are:

• PS1 – Design: Certifies that a proposed design complies with the Building Code.

• PS2 – Design Review: Confirms an independent review of the PS1.

• PS3 – Construction: Certifies that specified elements of construction have been completed to standard.

• PS4 – Construction Review: Verifies that the completed works align with the approved building consent.

Of these, PS4s are particularly critical. They often provide the final assurance BCAs need to issue a Code Compliance Certificate (CCC) without further inspections.

The Legal Risks of Inaccurate PS4s

The Court of Appeal recently confirmed that:

• Issuing a PS4 is itself considered “building work” under the Building Act.

• A false or misleading PS4 may constitute a breach of section 40, which prohibits carrying out non-compliant building work.

• Engineers who sign off non-compliant work risk criminal prosecution with fines up to $200,000, plus $10,000 per day for ongoing offences.

The Bella Vista Homes case in Tauranga made this clear: producer statements are not mere paperwork but legally binding certifications with serious consequences.

Best Practice for Engineers and Consultants

To control risk, engineers and consultants should adopt disciplined practices when preparing PS4 statements:

Rigorous Construction Monitoring

• Inspect at critical stages, not just at project completion.

• Keep comprehensive records such as notes, photographs, and test results.

• Independently verify compliance rather than relying solely on contractor assurances.

Accuracy and Transparency

• Clearly document the scope of your monitoring.

• Note assumptions, exclusions, or qualifications in the PS4.

• Attach referenced reports, calculations, or test results.

Professional Independence

• Resist commercial or programme pressures to sign off prematurely.

• Push back if clients or contractors attempt to influence your certification.

Legal and Insurance Safeguards

• Confirm your statutory liability insurance covers producer statements.

• Seek legal advice before issuing a PS4 if compliance is uncertain.

• Use industry-standard templates, such as those provided by Engineering New Zealand, to remain legally defensible.

The Role of BCAs and Industry Bodies

BCAs depend on producer statements to streamline decision-making. However, their trust in the system is only as strong as the professionals who issue them. Bodies such as Engineering New Zealand and ACE New Zealand provide training, guidance, and model documents to ensure producer statements are used responsibly.

Conclusion

Producer statements, especially PS4s, sit at the intersection of engineering judgement, legal accountability, and public safety. They are not box-ticking exercises, but professional attestations that underpin the entire building consent system.

For engineers and consultants, diligence is essential. Robust monitoring, careful documentation, and professional independence protect not just your reputation but also the communities who rely on safe, compliant buildings.

By treating producer statements with the seriousness they deserve, the industry can strengthen trust, reduce risk, and deliver buildings that stand the test of time.