Section 203 — Building Act 2004: Disciplinary powers of chief executive

203 Disciplinary powers of chief executive (1) This section applies if the chief executive, after conducting an investigation and considering the submissions made by a building consent authority (if any), is satisfied that the building consent authority— (a) has failed without good reason to properly perform any of the authority's functions under this Part or Part 2 : (b) has been negligent in performing those functions. (2) The chief executive may do 1 or more of the following: (a) issue a warning to the building consent authority: (b) require the building consent authority to take remedial action— (i) within a specified time; and (ii) that is subject to any conditions that the chief executive thinks fit (if any): (c) limit the functions that the building consent authority may perform under this Part or Part 2 and record the limitation in the appropriate register accordingly: (d) in the case of a building consent authority that is not a territorial authority or a regional authority,— (i) suspend the authority's registration and record the suspension in the appropriate register accordingly; or (ii) if the chief executive considers that the circumstances warrant it, revoke the authority's registration and remove the authority's name from the register of building consent authorities (e) in the case of a territorial authority or regional authority, 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. (3) If subsection (2)(e) applies, sections 277 to 281 apply with all necessary modifications. (4) If the chief executive takes any action referred to in subsection (2) , he or she must give written notice of the action to the building consent authority and the reasons for the action. 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 (1)(a) 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) 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)(b) 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)(c) 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)(d) 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)(d)(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)(d)(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)(d)(ii) 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 (4) 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 ” .