Section 177 — Building Act 2004: Application for determination

177 Application for determination A party may apply to the chief executive for a determination in relation to 1 or more of the following matters: (a) whether particular matters comply with the building code: (b) a building consent authority's decision to— (i) issue, or refuse to issue, a building consent, code compliance certificate, or compliance schedule; or (iii) refuse to allow, under section 52(b) , an extension of the period during which building work must be commenced before a building consent lapses; or (iv) issue a notice to fix; or (v) refuse to allow, under section 93(2)(b)(ii) , an extension of the period during which the building consent authority must decide whether or not to issue a code compliance certificate; or (vi) amend a building consent, notice to fix, or code compliance certificate; or (vii) impose a condition on a notice to fix or compliance schedule or to amend that condition: (c) a territorial authority's decision to— (i) grant or refuse a waiver or modification of the building code under section 67 ; or (ii) issue, or refuse to issue, a certificate of acceptance under section 96 ; or (iia) grant or refuse an exemption from building consent requirements under paragraph (k) of Schedule 1 ; or (iii) amend a compliance schedule under section 106 or section 107 ; or (iiia) issue or refuse to issue a certificate for public use under section 363A ; or (iv) issue, amend, or impose a condition on a notice to fix: (d) the exercise by a territorial authority of its powers under sections 112 and 115 to 116 (which relate to alterations to, or changes in the use of, a building) and the issue by a territorial authority of a certificate under section 224(f) of the Resource Management Act 1991 : (e) the exercise by a territorial authority of its powers under section 124 or section 129 (which relate to dangerous, earthquake-prone, and insanitary buildings) or the failure to exercise those powers: (f) the exercise by a regional authority of its powers in relation to a dam or the failure to exercise those powers. Compare: 1991 No 150 s 17(1) Section 177(c)(iia): inserted, on 15 March 2008, by section 36(1) of the Building Amendment Act 2008 (2008 No 4). Paragraph (c)(iiia) was inserted, as from 14 April 2005, by section 22(2) Building Amendment Act 2005 (2005 No 31). Section 177(f): amended, on 15 March 2008, by section 36(2) of the Building Amendment Act 2008 (2008 No 4).