Section 438 — Building Act 2004: Transitional provision for code compliance certificates and compliance schedules issued under former Act

438 Transitional provision for code compliance certificates and compliance schedules issued under former Act (1) On the commencement of this section,— (a) a code compliance certificate issued under section 43 of the former Act has effect as if it had been issued under section 95 of this Act; and (b) a compliance schedule issued under section 44 of the former Act has effect as if it had been issued under section 102 of this Act. (2) Before 30 November 2010,— (a) the reference in sections 103(1)(c) and 108(7) to licensed building practitioners, in relation to a territorial authority, includes a reference to independently qualified people accepted by the authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule: (b) the references in sections 108(3)(c) , 108(3)(d) , 108(7) , 109 , and 110(a) to a licensed building practitioner, in relation to a territorial authority, include references to an independently qualified person accepted by the authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule. (3) A person who immediately before the commencement of this section was accepted by a territorial authority as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule continues to be accepted until the authority withdraws its acceptance. (4) Before 30 November 2010, a territorial authority— (a) may accept any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule: (b) may withdraw its acceptance of any person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule (whether the acceptance occurred before or after the commencement of this section). (5) If not earlier withdrawn, a territorial authority's acceptance of a person as being qualified to carry out the inspection, maintenance, and reporting procedures required for a specified system stated in a compliance schedule expires on 30 November 2010. Section 438(2): amended, on 15 March 2008, by section 90 of the Building Amendment Act 2008 (2008 No 4). Subsections (2) and (3) were substituted, as from 14 April 2005, by section 26 Building Amendment Act 2005 (2005 No 31). Section 438(4): amended, on 15 March 2008, by section 90 of the Building Amendment Act 2008 (2008 No 4). Subsections (4) and (5) were inserted, as from 14 April 2005, by section 26 Building Amendment Act 2005 (2005 No 31). Section 438(5): amended, on 15 March 2008, by section 90 of the Building Amendment Act 2008 (2008 No 4).