Section 437 — Building Act 2004: Transitional provision for issue of certificate of acceptance

437 Transitional provision for issue of certificate of acceptance (1) This section applies if— (a) an owner, or the owner's predecessor in title (whether an immediate predecessor in title or otherwise), carried out building work before the commencement of this section for which— (i) a building consent was required under the former Act; and (ii) the building consent was not obtained; or (b) a building certifier is unable or refuses to issue either of the following in respect of building work for which a building consent was issued before the commencement of this section: (i) a building certificate under section 56 of the former Act; or (ii) a code compliance certificate under section 95 . (2) A territorial authority may, on application, issue a certificate of acceptance. (3) For the purposes of subsection (2) , sections 96(2) and (3) and 97 to 99 apply with all necessary modifications. (4) A reference to a building certifier in this section includes a reference to a building certifier that applied for registration, and is registered, under section 191 as a building consent authority.