Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 154 — Powers of regional authorities in respect of dangerous dams
154 Powers of regional authorities in respect of dangerous dams (1) If a regional authority is satisfied that a dam is dangerous, the regional authority may— (a) put up a hoarding or fence to prevent…
Section 155 — Requirements for notice given under section 154
155 Requirements for notice given under section 154 (1) A notice given under section 154(1)(c) must— (a) be fixed to the dam concerned; and (b) state whether the owner of the dam must obtain a…
Section 156 — Regional authority may carry out work
156 Regional authority may carry out work (1) A regional authority may apply to a District Court for an order authorising the regional authority to carry out building work if any work required under…
Section 157 — Measures to avoid immediate danger
157 Measures to avoid immediate danger (1) This section applies if, because of the state of a dam, immediate danger to the safety of persons, property, or the environment is likely. (2) The chief…
Section 158 — Regional authority must apply to District Court for confirmation of warrant
158 Regional authority must apply to District Court for confirmation of warrant (1) If the chief executive of a regional authority issues a warrant under section 157(2) , the regional authority, on…
Section 159 — Building work includes decommissioning and demolition of dam
159 Building work includes decommissioning and demolition of dam Any work required or authorised to be carried out under section 154(1)(c) , or action taken under section 157 , may include the…
Section 160 — Power of regional authority not limited
160 Power of regional authority not limited The provisions of sections 154 to 159 are in addition to, and do not limit, the powers of a regional authority under section 157 .
Section 161 — Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams
161 Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams (1) A regional authority must, within 18 months after the commencement of this Part, adopt a…
Section 162 — Adoption and review of policy
162 Adoption and review of policy (1) A policy under section 161 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002 . (2) A policy…
Section 163 — Definitions for this subpart
163 Definitions for this subpart In this subpart, unless the context otherwise requires,— responsible authority means, as the context requires,— (a) a building consent authority; or (b) a territorial…
Section 164 — Issue of notice to fix
164 Issue of notice to fix (1) This section applies if a responsible authority considers on reasonable grounds that— (a) a specified person is contravening or failing to comply with this Act or the…
Section 165 — Form and content of notice to fix
165 Form and content of notice to fix (1) The following provisions apply to a notice to fix: (a) it must be in the prescribed form: (b) it must state a reasonable timeframe within which it must be…
Section 166 — Special provisions for notices to fix from building consent authority
166 Special provisions for notices to fix from building consent authority (1) If section 164 applies because a building consent authority that granted a building consent for building work considers…
Section 167 — Inspection of building work under notice to fix
167 Inspection of building work under notice to fix (1) If a specified person to whom a notice to fix was issued is required to notify a territorial authority or, as the case may be, a regional…
Section 168 — Offence not to comply with notice to fix
168 Offence not to comply with notice to fix (1) A person commits an offence if the person fails to comply with a notice to fix. (2) A person who commits an offence under this section is liable to a…
Section 169 — Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
169 Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister (1) The chief executive must monitor current and emerging trends in building…
Section 170 — Chief executive must consult in performing certain functions
170 Chief executive must consult in performing certain functions The chief executive must, in performing his or her functions, consult with,— (a) in the case of functions that involve advice,…
Section 171 — Chief executive may seek advice from building advisory panel
171 Chief executive may seek advice from building advisory panel (1) The chief executive may, at any time, seek advice from a building advisory panel appointed under section 172 on— (a) current and…
Section 172 — Appointment of building advisory panel
172 Appointment of building advisory panel (1) The chief executive must appoint a building advisory panel that— (a) consists of experts in the building sector; and (b) has the following members: (i)…
Section 173 — Function of panel
173 Function of panel (1) The function of the panel is to provide independent and specialist advice to the chief executive on any of the matters referred to in section 171(1) . (2) It is not the…
Section 174 — Chief executive must report on panel's operation
174 Chief executive must report on panel's operation (1) The chief executive must ensure that information about the operation of the panel is, in each year, included in the annual report of the…
Section 175 — Chief executive may publish guidance information
175 Chief executive may publish guidance information (1) The chief executive may publish information for the guidance of— (a) any of the following persons to assist them in complying with this Act:…
Section 176 — Meaning of party
176 Meaning of party In sections 177 to 190 , party, in relation to a determination, means any or all of the following persons affected by the determination: (a) the territorial authority: (b) the…
Section 177 — Application for determination
177 Application for determination A party may apply to the chief executive for a determination in relation to 1 or more of the following matters: (a) whether particular matters comply with the…
Section 178 — Requirements for application for determination
178 Requirements for application for determination (1) An application for a determination must— (a) be made in writing; and (b) be given, in the prescribed form and manner (if any), to the chief…
Section 179 — Chief executive may refuse application for determination
179 Chief executive may refuse application for determination (1) The chief executive may— (a) refuse an application for a determination; and (b) return the application to the applicant (and do no…
Section 180 — Application for determination may be withdrawn
180 Application for determination may be withdrawn (1) An applicant for a determination may, at any time, withdraw the application by written notice to the chief executive. (2) If the chief executive…
Section 181 — Chief executive may make determination on own initiative
181 Chief executive may make determination on own initiative (1) The chief executive may, if he or she considers it necessary for achieving the purposes of this Act, direct that he or she will make a…
Section 182 — No proceedings until determination made
182 No proceedings until determination made (1) A person may not commence proceedings in a District Court or the High Court if the matter that gives rise to those proceedings can be the subject of a…
Section 183 — Decision or exercise of power suspended until determination made
183 Decision or exercise of power suspended until determination made (1) Until the chief executive makes a determination on a matter, any decision or exercise of a power by any person referred to in…
Section 184 — Chief executive must decide whether to make determination
184 Chief executive must decide whether to make determination The chief executive must, within 10 working days after the date on which he or she receives an application for a determination,— (a)…
Section 185 — When determination must be completed
185 When determination must be completed (1) If the chief executive decides to make a determination, he or she must, within the time required under subsection (2) ,— (a) make the determination; and…
Section 186 — Procedure for determination
186 Procedure for determination (1) In making a determination, the chief executive must— (a) avoid unnecessary delay and formality; and (b) recognise tikanga Maori, and receive evidence, written or…
Section 187 — Chief executive may engage persons to assist with determination
187 Chief executive may engage persons to assist with determination (1) The chief executive may engage a suitable person to assist the chief executive in relation to— (a) any application for a…
Section 188 — Determination by chief executive
188 Determination by chief executive (1) A determination by the chief executive must— (a) confirm, reverse, or modify the decision or exercise of a power to which it relates; or (b) determine the…
Section 189 — Clarification of determination
189 Clarification of determination The chief executive may, within 20 working days after making a determination, amend the determination to clarify it if— (a) the chief executive, on his or her own…
Section 190 — Parties' costs
190 Parties' costs (1) The parties in relation to an application for a determination bear their own costs. (2) However, the chief executive may, by written direction to the applicant or another…
Section 191 — Chief executive may enter person's name in register of building consent authorities
191 Chief executive may enter person's name in register of building consent authorities The chief executive may, on the application of a person made in accordance with section 194 , enter the…
Section 192 — Criteria for registration
192 Criteria for registration (1) Before entering a person's name in the register of building consent authorities, the chief executive must be satisfied that— (a) the person holds a current…
Section 193 — Effect of registration
193 Effect of registration (1) A person whose name is entered in the register of building consent authorities may perform the functions of a building consent authority under this Part and Part 2 .…
Section 194 — Application for registration
194 Application for registration An application for registration under section 191 must— (a) be made in writing to the chief executive; and (b) be given in the prescribed manner (if any); and (c)…
Section 195 — Chief executive must decide application for registration
195 Chief executive must decide application for registration The chief executive must, as soon as practicable after receiving an application for registration that complies with section 194 ,— (a)…
Section 196 — Registration continuous so long as person meets criteria for registration
196 Registration continuous so long as person meets criteria for registration (1) The chief executive must assess at least once every 3 years, and may assess at any other time, whether a building…
Section 197 — Consequences of failure to meet criteria for registration
197 Consequences of failure to meet criteria for registration (1) Subsection (2) or subsection (3) applies if, after making an assessment under section 196 , the chief executive determines that a…
Section 198 — Effect of suspension
198 Effect of suspension (1) A building consent authority is not registered, for the purposes of this Part and Part 2 , for the period for which the authority's registration is suspended under…
Section 199 — Offence for person to perform functions of building consent authority or regional authority if person not registered, etc
199 Offence for person to perform functions of building consent authority or regional authority if person not registered, etc (1) A person commits an offence if the person performs any of the…
Section 200 — Complaints about building consent authorities
200 Complaints about building consent authorities (1) The chief executive may receive complaints alleging that a building consent authority— (a) has failed, or is failing, without good reason to…
Section 201 — Chief executive may conduct investigation on own initiative
201 Chief executive may conduct investigation on own initiative (1) If the chief executive considers that there are reasonable grounds for believing that any of the matters specified in section…
Section 202 — Procedure if chief executive proceeds to investigate complaint or matter
202 Procedure if chief executive proceeds to investigate complaint or matter (1) This section applies if the chief executive proceeds to investigate— (a) a complaint under section 200 ; or (b) a…
Section 203 — Disciplinary powers of chief executive
203 Disciplinary powers of chief executive (1) This section applies if the chief executive, after conducting an investigation and considering the submissions made by a building consent authority (if…