Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 253 — Application for accreditation
253 Application for accreditation An application for accreditation under section 250 must— (a) be made in writing; and (b) be given in the prescribed manner (if any); and (c) contain the prescribed…
Section 254 — Revocation of accreditation
254 Revocation of accreditation (1) An accreditation under section 250 may be revoked, or the scope of accreditation may be amended, by— (a) the building consent accreditation body; or (b) the chief…
Section 255 — Building consent accreditation body must notify chief executive of grant and revocation of accreditation
255 Building consent accreditation body must notify chief executive of grant and revocation of accreditation (1) The building consent accreditation body must notify the chief executive when it grants…
Section 256 — Chief executive may appoint dam owner accreditation body
256 Chief executive may appoint dam owner accreditation body (1) The chief executive may— (a) appoint a person as a dam owner accreditation body; and (b) revoke the appointment at any time. (2) A…
Section 257 — Requirements for dam owner accreditation body
257 Requirements for dam owner accreditation body The chief executive must, by notice in the Gazette , specify— (a) the minimum frequency of audits that the dam owner accreditation body must conduct…
Section 257A — Fees for audits
257A Fees for audits A dam owner accreditation body may charge an accredited dam owner the prescribed fee (if any) for an audit conducted under section 257(a) by the dam owner accreditation body on…
Section 258 — Accreditation
258 Accreditation (1) The dam owner accreditation body may, on the application of an owner of a dam made in accordance with subsection (3) , and on payment by the person of the prescribed fee (if…
Section 259 — Revocation of accreditation
259 Revocation of accreditation (1) An accreditation under section 258(1) may be revoked by— (a) the dam owner accreditation body; or (b) the chief executive. (2) An accreditation may be revoked only…
Section 260 — Dam owner accreditation body must notify chief executive of grant and revocation of accreditation
260 Dam owner accreditation body must notify chief executive of grant and revocation of accreditation (1) The dam owner accreditation body must notify the chief executive when it grants or revokes an…
Section 261 — Chief executive may appoint product certification accreditation body
261 Chief executive may appoint product certification accreditation body (1) The chief executive may— (a) appoint a person as a product certification accreditation body; and (b) revoke the…
Section 262 — Requirements for product certification accreditation body
262 Requirements for product certification accreditation body (1) The chief executive must, by notice in the Gazette , specify— (a) the minimum frequency of audits that the product certification…
Section 262A — Fees for audits
262A Fees for audits A product certification accreditation body may charge an accredited product certification body the prescribed fee (if any) for an audit conducted under section 262(1)(a) by the…
Section 263 — Accreditation
263 Accreditation The product certification accreditation body may, on the application of a person or body made in accordance with section 265 , and on payment by the person or body of the prescribed…
Section 264 — Criteria for accreditation
264 Criteria for accreditation Before granting accreditation, the product certification accreditation body must be satisfied that the applicant— (a) has the necessary ability to perform all or any of…
Section 265 — Application for accreditation
265 Application for accreditation An application for accreditation under section 263 must— (a) be made in writing; and (b) be given in the prescribed manner (if any); and (c) contain the prescribed…
Section 266 — Suspension or revocation of accreditation
266 Suspension or revocation of accreditation (1) A product certification accreditation body or the chief executive may, at any time, suspend or revoke the accreditation under section 263 of a…
Section 267 — Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation
267 Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation (1) A product certification accreditation body…
Section 268 — Application for product certificate
268 Application for product certificate (1) A proprietor of a building method or product may apply to a product certification body for certification of that building method or product. (2) The…
Section 269 — Issue of product certificate
269 Issue of product certificate (1) A product certification body must issue a product certificate if it is satisfied that a building method or product that is the subject of an application under…
Section 270 — Annual review of product certificate
270 Annual review of product certificate (1) A product certification body must, on an annual basis, review a product certificate by conducting an audit of the building method or product to which the…
Section 271 — Suspension or revocation of product certificate
271 Suspension or revocation of product certificate (1) A product certification body that performed the certification of a building method or product, or the chief executive, may, at any time,…
Section 272 — Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate
272 Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate (1) A product certification body must notify the chief executive…
Section 273 — Chief executive must keep registers
273 Chief executive must keep registers (1) The chief executive must establish and maintain the following registers: (a) a register of building consent authorities for the purposes of section 191 :…
Section 274 — Purpose of registers
274 Purpose of registers The purpose of each register is— (a) to enable members of the public to know,— (i) in the case of the register of building consent authorities, the names and contact details…
Section 275 — Content of register of building consent authorities
275 Content of register of building consent authorities The register of building consent authorities referred to in section 273(1)(a) must, in addition to the names of the building consent…
Section 276 — Review of territorial authorities
276 Review of territorial authorities (1) The chief executive may, on his or her own initiative or at the request of the Minister, conduct a review of either or both of the following matters: (a)…
Section 277 — Non-performance by territorial authority
277 Non-performance by territorial authority (1) This section applies if the Minister considers, in accordance with section 278 , that a territorial authority is not properly performing its functions…
Section 278 — Criteria for appointment or renewal of appointment
278 Criteria for appointment or renewal of appointment (1) In determining whether an appointment under section 277 should be made, the Minister must consider whether the territorial authority is…
Section 279 — Effect of appointment
279 Effect of appointment If a person is appointed under section 277 ,— (a) that person has all the functions, duties, and powers of a territorial authority as if they had been imposed or conferred…
Section 280 — Costs may be recovered from territorial authority
280 Costs may be recovered from territorial authority (1) This section applies to all costs, charges, and expenses incurred by— (a) the Minister for the purposes of section 277 ; or (b) a person…
Section 281 — Requirements for appointment
281 Requirements for appointment (1) The Minister— (a) may make an appointment under section 277 only if he or she has given the territorial authority not less than 15 working days' written notice of…
Section 282 — Definitions for this Part
282 Definitions for this Part In this Part, unless the context otherwise requires,— appeal authority — (a) in relation to an appeal against a decision of the Registrar under section 330(1) , means…
Section 282A — Purposes of licensing building practitioners
282A Purposes of licensing building practitioners The purposes of licensing building practitioners under this Act are— (a) to assess and record building practitioners as having certain skills and…
Section 283 — Specified procedure for making decisions
283 Specified procedure for making decisions In the performance and exercise of their decision-making functions and powers under this Part, the Board and the Registrar must— (a) give written notice…
Section 284 — Other procedure for making decisions
284 Other procedure for making decisions Except as otherwise provided in this Act, the Board and the Registrar may regulate their own procedure for making decisions under this Part. Compare: 2002 No…
Section 285 — Licensing classes may be designated by regulations
285 Licensing classes may be designated by regulations The Governor-General may, by Order in Council made on the recommendation of the Minister, designate a licensing class or classes for carrying…
Section 286 — Entitlement to be licensed
286 Entitlement to be licensed An individual is entitled to be licensed as a building practitioner if the individual satisfies the Registrar— (a) that he or she meets the applicable minimum standards…
Section 287 — Applications to become licensed
287 Applications to become licensed An application to become licensed under this subpart must be made to the Registrar in accordance with the rules. Section 287 heading: amended, on 15 March 2008, by…
Section 288 — Registrar to license applicant or decline application
288 Registrar to license applicant or decline application (1) If the Registrar is satisfied that the applicant is entitled, under section 286 , to be licensed as a building practitioner, the…
Section 289 — Duty to produce evidence of being licensed
289 Duty to produce evidence of being licensed A licensed building practitioner must, if asked by any person, produce for inspection by the person either— (a) the evidence of being licensed sent to…
Section 290 — Term of being licensed
290 Term of being licensed Licensing continues in force until it is cancelled or suspended under this subpart. Section 290: substituted, on 15 March 2008, by section 61 of the Building Amendment Act…
Section 291 — Automatic licensing of people registered under other enactments
291 Automatic licensing of people registered under other enactments (1) This section applies to a person who is registered, licensed, or otherwise recognised under any other enactment (for example, a…
Section 292 — Licensed building practitioner must meet applicable minimum standards for licensing to continue
292 Licensed building practitioner must meet applicable minimum standards for licensing to continue (1) The Registrar must assess at the frequency required by the rules, and may assess at any other…
Section 293 — Consequences of failure to meet applicable minimum standards for licensing
293 Consequences of failure to meet applicable minimum standards for licensing (1) If, after making an assessment under section 292 , the Registrar determines that the licensed building practitioner…
Section 294 — Cancellation of licensing
294 Cancellation of licensing The Registrar must cancel a person's licensing and remove the person's name from the register— (a) if the person, by written notice, requests the Registrar to cancel his…
Section 295 — Mandatory licensing suspension
295 Mandatory licensing suspension (1) The Registrar must suspend a person's licensing and record the suspension in the register in accordance with section 293(1) (consequences of failure to meet…
Section 296 — Voluntary licensing suspension
296 Voluntary licensing suspension (1) A licensed building practitioner may, by written notice, request the Registrar to suspend his or her licensing for a period specified in the notice. (2) The…
Section 297 — Effect of licensing suspension
297 Effect of licensing suspension (1) A person is not a licensed building practitioner, for the purposes of this Act, for the period for which his or her licensing is suspended. (2) At the end of…
Section 298 — Register of licensed building practitioners
298 Register of licensed building practitioners (1) The Registrar must establish and maintain, in accordance with this Act and the regulations, a register of licensed building practitioners. (2) The…
Section 299 — Purpose of register
299 Purpose of register The purpose of the register is— (a) to enable members of the public to— (i) determine whether a person is a licensed building practitioner and, if so, the status and relevant…