Section 197 — Building Act 2004: Consequences of failure to meet criteria for registration

197 Consequences of failure to meet criteria for registration (1) Subsection (2) or subsection (3) applies if, after making an assessment under section 196 , the chief executive determines that a building consent authority no longer meets the criteria for registration. (2) In the case of a building consent authority that is not a territorial authority or a regional authority,— (a) the chief executive must— (i) suspend the authority's registration until the authority satisfies the chief executive that the authority meets those criteria; and (ii) record the suspension in the register of building consent authorities; and (b) if the authority does not so satisfy the chief executive within 12 months after the suspension, or any further period that the chief executive may determine, the chief executive must— (i) revoke the authority's registration; and (ii) remove the authority's name from the register of building consent authorities. (3) In the case of a territorial authority or a regional authority, the chief executive must recommend to the Minister that the Minister appoint 1 or more persons to act in the place of the territorial authority or, as the case may be, the regional authority in relation to all or any of its functions. (4) If subsection (3) applies, sections 277 to 281 apply with all necessary modifications. Subsection (1) was amended, as from 14 April 2005, by section 16(2)(g) Building Amendment Act 2005 (2005 No 31) by substituting the words “ building consent authority ” for the words “ registered person ” . Subsection (2) was amended, as from 14 April 2005, by section 3(5) Building Amendment Act 2005 (2005 No 31) by inserting the words “ or a regional authority ” after the words “ territorial authority ” . Subsection (2)(a)(i) was amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “ authority's ” for the word “ person's ” . Subsection (2)(a)(i) was amended, as from 14 April 2005, by section 16(2)(k) Building Amendment Act 2005 (2005 No 31) by substituting the word “ authority ” for the word “ person ” . Subsection (2)(a)(ii) was amended, as from 14 April 2005, by section 16(2)(c) Building Amendment Act 2005 (2005 No 31) by substituting the words “ register of building consent authorities ” for the words “ appropriate register ” . Subsection (2)(b) was amended, as from 14 April 2005, by section 16(2)(k) Building Amendment Act 2005 (2005 No 31) by substituting the word “ authority ” for the word “ person ” . Subsection (2)(b)(i) and (ii) were amended, as from 14 April 2005, by section 16(2)(j) Building Amendment Act 2005 (2005 No 31) by substituting the word “ authority's ” for the word “ person's ” . Subsection (2)(b)(ii) was amended, as from 14 April 2005, by section 16(2)(c) Building Amendment Act 2005 (2005 No 31) by substituting the words “ register of building consent authorities ” for the words “ appropriate register ” .