Section 166 — Building Act 2004: Special provisions for notices to fix from building consent authority

166 Special provisions for notices to fix from building consent authority (1) If section 164 applies because a building consent authority that granted a building consent for building work considers that the building work has not been, or is not being, carried out in accordance with this Act or the building consent, a notice to fix applies only— (a) to building work required during the period in which a building consent is operative; or (b) in respect of building work for which a building consent should have been obtained; or (c) in respect of building work for which a building consent was not required but where there was a requirement that the work meet the building code. (2) A building consent authority that is not a territorial authority or a regional authority that issues a notice to fix must, within 5 working days after issuing it, give a copy of it to— (a) the territorial authority; or (b) if the territorial authority has transferred, under section 233 , any of its functions, duties, or powers under this Act to another territorial authority, the territorial authority to whom the functions, duties, or powers have been transferred. Compare: 1991 No 150 s 42(3) Section 166(1): amended, on 15 March 2008, by section 35(1) of the Building Amendment Act 2008 (2008 No 4). Subsection (1) was amended, as from 14 April 2005, by section 3(6)(a) Building Amendment Act 2005 (2005 No 31) by inserting the words “ that is not a territorial authority or a regional authority ” after the word “ authority ” . Section 166(2): amended, on 15 March 2008, by section 35(2) of the Building Amendment Act 2008 (2008 No 4). Subsection (2) was amended, as from 14 April 2005, by section 3(6)(b) Building Amendment Act 2005 (2005 No 31) by inserting the words “ that is not a territorial authority ” after the word “ authority ” where it first occurs. Subsection (2)(a) was amended, as from 14 April 2005, by section 3(6)(c) Building Amendment Act 2005 (2005 No 31) by omitting the words “ for the district in which the building work is situated ” .