Section 204 — Building Act 2004: Special powers of chief executive for monitoring performance of functions under this Act

204 Special powers of chief executive for monitoring performance of functions under this Act (1) The purpose of this section is to enable the chief executive to— (a) monitor the performance by territorial authorities, building consent authorities, or regional authorities of their functions under this Act; and (b) carry out the review of territorial authorities under section 276 ; and (c) assist the Minister in determining whether to exercise the Minister's power under section 277 (which relates to the non-performance of functions by a territorial authority). (2) For the purpose of this section, the chief executive— (a) must have full access at all reasonable times to— (i) all relevant information that is in the possession or control of any territorial authority, building consent authority, or regional authority; and (ii) any place where that information is kept: (b) may require any territorial authority, building consent authority, or regional authority to— (i) supply any relevant information; or (ii) answer any question that relates to the performance of functions under this Act: (c) may, by written notice, require any person having possession or control of any relevant information to supply to the chief executive, in a manner specified in the notice, all or any of the information: (d) may enter and re-enter any land or building, with any appliances, machinery, and equipment that are reasonably necessary, to— (i) make any surveys, investigations, tests, and measurements that are reasonably necessary for the purposes of this section; and (ii) generally do any other things that are reasonably necessary to enable the surveys, investigations, tests, and measurements to be carried out. (3) Subsection (2) does not— (a) limit any Act that imposes a prohibition or restriction on the availability of any information; or (b) authorise the chief executive, or any person acting on behalf of the chief executive, to enter any household unit being used as such without the permission of the occupier of the household unit. (4) In this section, relevant information— (a) means any information of any description that relates to the performance by a territorial authority, building consent authority, or regional authority of its functions under this Act; and (b) includes information that is kept in any form (whether in electronic form or otherwise). Compare: 1991 No 150 s 79(1), (2)