Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 204 — Special powers of chief executive for monitoring performance of functions under this Act
204 Special powers of chief executive for monitoring performance of functions under this Act (1) The purpose of this section is to enable the chief executive to— (a) monitor the performance by…
Section 205 — Limits on power to enter land or building
205 Limits on power to enter land or building The power to enter land or buildings under section 204(2) is subject to the following conditions: (a) the person entering must, if requested on entry or…
Section 206 — Chief executive must supply warrant
206 Chief executive must supply warrant (1) The chief executive must supply to a person authorised to enter land or buildings on behalf of the chief executive a written warrant that contains— (a) a…
Section 207 — Duties of person supplied with warrant
207 Duties of person supplied with warrant An authorised person supplied with a warrant under section 206 — (a) must, on the termination of his or her authority, surrender the warrant to the chief…
Section 208 — Appeals to District Court
208 Appeals to District Court (1) The persons referred to in subsection (2) may appeal to a District Court against— (a) a determination by the chief executive under section 188 ; or (b) the chief…
Section 209 — Procedure for commencing appeal
209 Procedure for commencing appeal (1) An appeal under section 208 must be made— (a) by the appellant filing a notice of appeal with the Registrar of the District Court within 15 working days…
Section 210 — Steps after appeal is commenced
210 Steps after appeal is commenced (1) Either before or immediately after an appeal under section 208 is made, the appellant must serve a copy of the notice of appeal on— (a) the chief executive;…
Section 211 — Powers of District Court on appeal
211 Powers of District Court on appeal (1) On the hearing of an appeal under section 208 , a District Court may— (a) confirm, reverse, or modify the determination or decision of the chief executive;…
Section 212 — Territorial authority must act as building consent authority for its district
212 Territorial authority must act as building consent authority for its district (1) A territorial authority must perform the functions of a building consent authority within its district, and for…
Section 213 — Territorial authority may make arrangements relating to functions of building consent authority
213 Territorial authority may make arrangements relating to functions of building consent authority (1) A territorial authority may comply with section 212(1) by— (a) performing the functions of a…
Section 214 — How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority
214 How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority If a territorial authority makes an arrangement under section 213(1) for…
Section 215 — Territorial authority must gain accreditation and be registered
215 Territorial authority must gain accreditation and be registered A territorial authority must, for the purpose of ensuring that it complies with section 212(1) ,— (a) apply for, and gain,…
Section 216 — Territorial authority must keep information about buildings
216 Territorial authority must keep information about buildings (1) A territorial authority must keep reasonably available any information that is relevant to the administration of this Act to enable…
Section 217 — Access to certain information kept by territorial authority
217 Access to certain information kept by territorial authority (1) A person— (a) has a right to access the information referred to in section 216(1) and (2) ; and (b) must, on request, be given…
Section 218 — Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under section 169
218 Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under section 169 (1) For the purpose of facilitating the…
Section 219 — Territorial authority may impose fee or charge and must collect levy
219 Territorial authority may impose fee or charge and must collect levy (1) A territorial authority— (a) may impose a fee or charge— (i) in relation to a building consent; and (ii) for the…
Section 220 — Territorial authority may carry out building work on default
220 Territorial authority may carry out building work on default (1) This section applies if— (a) a person is required, under this Act, by a building consent authority, territorial authority, or…
Section 221 — Recovery of costs when territorial authority carries out work on default
221 Recovery of costs when territorial authority carries out work on default (1) If a territorial authority is entitled under this Act to recover the costs of carrying out any building work from the…
Section 222 — Inspections by territorial authority
222 Inspections by territorial authority (1) An authorised officer is entitled, at all times during normal working hours or while building work is being carried out,— (a) to inspect— (i) land on…
Section 223 — Duty to assist inspections
223 Duty to assist inspections (1) The persons specified in subsection (2) must give all reasonable assistance to enable an authorised officer to inspect all or part of a building or building work.…
Section 224 — Warrant must be produced
224 Warrant must be produced An authorised officer must, on entering private land and when requested at any subsequent time, produce to the occupier of the building a written warrant issued under…
Section 225 — Offence to impersonate authorised officer
225 Offence to impersonate authorised officer (1) A person commits an offence if the person impersonates or falsely pretends to be an authorised officer named in a warrant referred to in section 224…
Section 226 — Restriction on entry to household unit
226 Restriction on entry to household unit (1) Despite section 222 , an authorised officer may not enter a household unit that is being used as a household unit without— (a) the consent of the…
Section 227 — District Court may authorise entry to household unit
227 District Court may authorise entry to household unit (1) A District Court, on the application of an authorised officer, may make an order authorising the officer to enter a household unit. (2)…
Section 228 — Authorised officer must give notice to occupier of household unit
228 Authorised officer must give notice to occupier of household unit An authorised officer must,— (a) if he or she intends to apply for an order under section 227 , give the occupier of the…
Section 229 — Authorisation of enforcement officers
229 Authorisation of enforcement officers (1) A territorial authority— (a) may authorise any of its officers to issue infringement notices under section 372 ; and (b) if it grants an authorisation…
Section 230 — Conditions of authorisation
230 Conditions of authorisation (1) An enforcement officer who exercises or purports to exercise a power conferred by or under this Act— (a) must carry on him or her— (i) the warrant supplied under…
Section 231 — Offence to impersonate enforcement officer
231 Offence to impersonate enforcement officer (1) A person commits an offence if the person impersonates or falsely pretends to be an enforcement officer named in a warrant supplied under section…
Section 232 — Delegation of powers by territorial authority and its officers
232 Delegation of powers by territorial authority and its officers Clause 32 of Schedule 7 of the Local Government Act 2002 applies, with all necessary modifications, in respect of powers conferred…
Section 233 — Transfer of functions, duties, or powers of territorial authority
233 Transfer of functions, duties, or powers of territorial authority A territorial authority may transfer 1 or more of its functions, duties, or powers under this Act to another territorial…
Section 234 — Procedure for transfer
234 Procedure for transfer If a territorial authority proposes to transfer any of its functions, duties, or powers under section 233 , the territorial authority must— (a) use the special consultative…
Section 235 — Territorial authorities may agree on terms of transfer
235 Territorial authorities may agree on terms of transfer A territorial authority from whom functions, duties, or powers are to be transferred under section 233 and a territorial authority to whom…
Section 236 — Effect of transfer
236 Effect of transfer (1) A territorial authority to whom a function, duty, or power is transferred under section 233 — (a) may perform the function or duty, or exercise the power, as if the…
Section 237 — Application of subpart
237 Application of subpart This subpart applies to a building consent authority that— (a) is registered under section 273 ; and (b) provides services as a building consent authority in a district;…
Section 238 — Duties of building consent authority
238 Duties of building consent authority (1) A building consent authority must, in performing its functions under Part 2 ,— (a) obtain a project information memorandum before granting a building…
Section 239 — Building consent authority must provide information to chief executive
239 Building consent authority must provide information to chief executive A building consent authority must provide information to the chief executive in accordance with the regulations.
Section 240 — Building consent authority may impose fee or charge and must collect levy
240 Building consent authority may impose fee or charge and must collect levy (1) A building consent authority— (a) may impose a fee or charge payable by a member of the public— (i) in relation to a…
Section 241 — Regional authority must gain accreditation and be registered
241 Regional authority must gain accreditation and be registered (1) A regional authority must, for the purpose of ensuring that it performs the function of a building consent authority in relation…
Section 242 — Regional authority must provide information to chief executive
242 Regional authority must provide information to chief executive A regional authority must provide information to the chief executive in accordance with the regulations.
Section 243 — Regional authorities may impose fee or charge and recover costs, and must collect levy
243 Regional authorities may impose fee or charge and recover costs, and must collect levy (1) A regional authority— (a) may impose a fee or charge— (i) for issuing a project information memorandum…
Section 244 — Transfer of functions, duties, and powers of regional authority
244 Transfer of functions, duties, and powers of regional authority A regional authority may transfer 1 or more of its functions, duties, or powers under this Act to another regional authority,…
Section 245 — Procedure for transfer
245 Procedure for transfer If a regional authority proposes to transfer any of its functions, duties, or powers under section 244 , the regional authority must— (a) use the special consultative…
Section 246 — Regional authorities may agree on terms of transfer
246 Regional authorities may agree on terms of transfer A regional authority from whom functions, duties, or powers are to be transferred under section 244 and a regional authority to whom those…
Section 247 — Effect of transfer
247 Effect of transfer (1) A regional authority to whom a function, duty, or power is transferred under section 244 — (a) may perform the function or duty, or exercise the power, as if the function…
Section 248 — Chief executive may appoint building consent accreditation body
248 Chief executive may appoint building consent accreditation body (1) The chief executive may— (a) appoint a person as a building consent accreditation body; and (b) revoke the appointment at any…
Section 249 — Requirements for building consent accreditation body
249 Requirements for building consent accreditation body The chief executive must, by notice in the Gazette , specify— (a) the minimum frequency of audits that the building consent accreditation body…
Section 249A — Fees for audits
249A Fees for audits A building consent accreditation body may charge an accredited building consent authority the prescribed fee (if any) for an audit conducted under section 249(a) by the building…
Section 250 — Accreditation
250 Accreditation The building consent accreditation body may, on the application of a person made in accordance with section 253 , and on payment by the person of the prescribed fee (if any),…
Section 251 — Criteria for accreditation
251 Criteria for accreditation Before granting accreditation, the building consent accreditation body must be satisfied that the applicant meets the prescribed criteria and standards for…
Section 252 — Scope of accreditation of building consent authority that is not territorial authority
252 Scope of accreditation of building consent authority that is not territorial authority (1) This section applies to a building consent authority that is not a territorial authority or a regional…