Section 238 — Building Act 2004: Duties of building consent authority

238 Duties of building consent authority (1) A building consent authority must, in performing its functions under Part 2 ,— (a) obtain a project information memorandum before granting a building consent; and (b) provide to the New Zealand Fire Service Commission a copy of every application for a building consent of a kind specified by notice under section 46 ; and (c) provide to the territorial authority for the relevant district copies of the information referred to in subsection (2) . (2) The information is— (a) plans and specifications submitted to the building consent authority in relation to an application for a building consent; and (b) the following information issued or received by the building consent authority in respect of a building: (i) project information memoranda: (ii) building consents: (iii) code compliance certificates: (iv) compliance schedules: (v) building warrants of fitness: (vi) energy work certificates: (vii) notices to fix: (viii) any other records that relate to the information referred to in subparagraphs (i) to (vii) ; and (c) records of any information on any land or building received by the building consent authority from a statutory authority; and (d) details about any levy collected under section 53 ; and (e) the following information about the building consent authority: (i) the name and contact address of the building consent authority: (ii) the scope of accreditation of the building consent authority: (iii) whether the building consent authority has adequate means to cover any civil liabilities that may arise in the performance of its functions, and, if so, what those means are. (3) A building consent authority must provide the copies of the information to the territorial authority for the relevant district within 5 working days after the building consent authority issues or receives the information. (4) A building consent authority commits an offence if it fails to comply with subsection (3) . (5) A building consent authority that commits an offence under this section is liable to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence has continued.