Section 29 — Building Act 2004: Procedural requirements for compliance documents, warnings, and bans

29 Procedural requirements for compliance documents, warnings, and bans (1) This section applies if the chief executive proposes to— (a) issue a compliance document; or (b) amend or revoke a compliance document; or (c) issue a warning or declare a ban; or (d) amend or revoke a warning or ban. (2) Before doing any of the things referred to in subsection (1) , the chief executive must— (a) seek to identify all reasonably practicable options for achieving the objective of the document, warning, or ban; and (b) assess those options by considering— (i) the benefits and costs of each option; and (ii) the extent to which the objective would be promoted or achieved by each option; and (iii) any other matters that, in the chief executive's opinion, are relevant; and (c) publicly notify a statement of proposal; and (d) give persons an opportunity to make submissions on the statement of proposal; and (e) consider those submissions. (3) For the purposes of subsection (2)(c) , the chief executive must notify— (a) where copies of the statement of proposal may be obtained; and (b) that submissions on the statement of proposal may be made to the chief executive by a specified date (which date must not be less than 10 working days after the date of the public notification). (4) The statement of proposal must contain— (a) a detailed statement of the proposal (which may be a copy of the proposed document, warning, or ban); and (b) a statement of the reasons for the proposal; and (c) an analysis of the reasonably practicable options, including the proposal, identified under subsection (2) ; and (d) a detailed statement of the proposed transitional changes (if any) for the document, warning, or ban; and (e) the date on which the document, warning, or ban is proposed to come into force; and (f) a statement as to whether the document, warning, or ban will apply to building work for which a building consent has been issued before the date on which the document, warning, or ban comes into force; and (g) any other information that the chief executive considers relevant. (5) The chief executive is not required to comply with subsection (2) if the chief executive is satisfied that— (a) the document or warning needs to be issued, or the ban needs to be declared, urgently; or (b) the document, warning, or ban needs to be amended urgently; or (c) the document, warning, or ban needs to be revoked urgently; or (d) the effect of the document, warning, or ban is minor and will not adversely affect the substantial interests of any person. Compare: 1991 No 150 s 49(9)