Section 450 — Building Act 2004: When territorial authority may and must act as building consent authority during transition to this Act

450 When territorial authority may and must act as building consent authority during transition to this Act (1) A territorial authority may, during the period specified in subsection (3) , act as a building consent authority (including in relation to a dam) even though the territorial authority has yet to be registered under section 191 . (2) [Repealed] (3) The period is the period that— (a) begins on the date of commencement of Part 2 ; and (b) ends on the earlier of— (i) the date on which an application for registration by the territorial authority under section 191 is granted or refused; or (ii) 31 March 2009 (3A) A territorial authority that is registered under section 191 must, until the time specified in subsection (3B), act as a building consent authority in relation to a dam within the territorial authority's district. (3B) The time is the earlier of the following: (a) the close of the day before the date specified in subsection (3)(b)(ii); and (b) the time at which the regional authority whose region includes the territorial authority's district— (i) is registered under section 191 ; or (ii) transfers its functions as a building consent authority in relation to dams in that district to another regional authority, under subpart 4 of Part 3 of this Act or subpart 2 of Part 3 of the Local Government Act 2002. (3C) If a territorial authority acts as a building consent authority under subsection (1) or (3A),— (a) the territorial authority must be taken to have all the functions, duties, and powers of a building consent authority under this Act; and (b) this Act applies with all necessary modifications. (3D) The Governor-General may, by Order in Council, before the date specified in subsection (3)(b)(ii), specify a later date in substitution for that date. (3E) An order under subsection (3D) is a regulation for the purposes of the Regulations (Disallowance) Act 1989. (4) This section overrides sections 14 and 193 . Section 450 heading: amended, on 29 August 2007, by section 5(4) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34). Section 450(2): repealed, on 29 August 2007, by section 5(5) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34). Section 450(3)(b)(ii): amended, on 26 June 2008, by clause 3 of the Building (Building Consent Authority Transition) Order 2008 (SR 2008/147). Section 450(3)(b)(ii): amended, on 29 August 2007, by section 5(1) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34). Section 450(3A): added, on 29 August 2007, by section 5(2) of the Privacy Amendment Act (No 2) 2007 (2007 No 34). Section 450(3B): added, on 29 August 2007, by section 5(2) of the Privacy Amendment Act (No 2) 2007 (2007 No 34). Section 450(3C): added, on 29 August 2007, by section 5(2) of the Privacy Amendment Act (No 2) 2007 (2007 No 34). Section 450(3D): added, on 29 August 2007, by section 5(2) of the Privacy Amendment Act (No 2) 2007 (2007 No 34). Section 450(3E): added, on 29 August 2007, by section 5(2) of the Privacy Amendment Act (No 2) 2007 (2007 No 34).