(1) For the purposes
of section 4(1)(a) of the Act, the following are domestic premises of a
prescribed class:
(a) a
Class 1A, 4 or 10 building under the Building Code ;
(b) a
sole-occupancy unit in a Class 2 building under the Building Code .
(2) For the purposes
of section 4(1)(b) of the Act—
(a) a
place of a prescribed kind means—
(i)
premises at which short term accommodation is offered or
provided in the course of a business or for fee or reward (for example, a
hotel, motel, holiday resort, guest house, hostel, boarding house, bed and
breakfast, farmstay, houseboat, caravan park, camping ground or other premises
at which accommodation is offered or provided under a holiday rental
agreement); or
(ii)
premises that are used or capable of being used for an
event or recreational or community activity of any kind, whether admission is
open to the public, gained by the payment of money or restricted to members of
a club or a class of persons with some other qualification or characteristic
(for example, a function, community, civic, conference, sporting or recreation
and leisure centre); or
(iii)
premises used by a church; or
(iv)
a public building under the care, control or management
of a Minister or other agency or instrumentality of the Crown or a council,
but does not include regulated care or education premises or regulated food
premises; and
(b) a
notice, in relation to a place of a prescribed kind, must be—
(i)
in the form set out in Schedule 1 clause 1; and
(ii)
displayed in a prominent position—
(A) within 30 centimetres of each tap
supplying rainwater for human consumption at the place; and
(B) in—
• all
promotional material for the place published in brochures, newspapers,
magazines or on the Internet; or
• application
forms or information material for the place.
(3) For the purposes
of section 4(1)(c) of the Act, the prescribed requirements, in relation
to rainwater supplied as an optional alternative at a place, are as follows:
(a) a
notice must be displayed in the form set out in Schedule 1 clause 1
in a prominent position—
(i)
within 30 centimetres of each tap supplying
rainwater for human consumption at the place; and
(ii)
in—
(A) all promotional material for the place
published in brochures, newspapers, magazines or on the Internet; or
(B) application forms or information
material for the place;
(i)
in the case of
regulated care or education premises—the taps supplying the rainwater at
the premises must not be accessible to vulnerable persons at the premises; and
(ii)
in the case of regulated food premises—the
rainwater is not used in the preparation of food or beverages intended—
(A) for consumption by vulnerable persons
at regulated care or education premises; or
(B) for direct sale or supply to the public
at licensed premises or at a restaurant, café or other retail food or
beverage outlet.
(4) In this
regulation, unless the contrary intention appears—
"Building Code" has the same meaning as in the Development Act 1993 ;
"child" means a person under the age of 18 years;
"regulated care or education premises" means—
(a) a
hospital within the meaning of the Health Care Act 2008 ; or
(b)
premises at which a health service is provided for the purposes of—
(i)
the promotion of health and well-being; or
(ii)
the prevention of disease, illness or injury; or
(iii)
intervention to address or manage disease, illness or
injury; or
(iv)
the management or treatment of disease, illness or
injury; or
(v)
rehabilitation or on-going care for persons who have
suffered a disease, illness or injury; or
(c) a
residential aged care facility; or
(d)
premises at which care is provided to persons whose ability to care for
themselves is significantly impaired through physical or mental disability,
illness or infirmity; or
(e)
premises at which care or pre-school education is provided to children (for
example, a nursery, childcare centre, kindergarten or pre-school or premises
at which out of school hours care or vacation care is provided); or
(f)
premises at which courses of instruction in primary or secondary education are
provided to children; or
(g) a
park, outdoor area or grounds provided for use in connection with premises
referred to in paragraphs (a) to (f),
but does not include premises at which care or education is provided to
persons in their own home by their parents or guardians or by other persons;
"regulated food premises" means premises used in the course of a business for
the preparation of food or beverages intended—
(a) for
consumption by vulnerable persons at regulated care or education premises; or
(b) for
direct sale or supply to the public at licensed premises (within the meaning
of the Liquor Licensing Act 1997 ) or at a restaurant, café or
other retail food or beverage outlet;
"short term accommodation" means accommodation for a period not exceeding
60 days;
"vulnerable person", in relation to regulated care or education premises,
means a person to whom care or education (as the case may require) is provided
at those premises.