Section 436 — Building Act 2004: Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act

436 Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act (1) This section applies to building work carried out under a building consent granted under section 34 of the former Act. (2) An application for a code compliance certificate in respect of building work to which this section applies must be considered and determined as if this Act had not been passed. (3) For the purposes of subsection (2) , section 43 of the former Act— (a) remains in force as if this Act had not been passed; but (b) must be read as if— (i) a code compliance certificate may be issued only if the territorial authority is satisfied that the building work concerned complies with the building code that applied at the time the building consent was granted; and (ii) section 43(4) were omitted.