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Building Act 2004

Building - Building code - National multiple-use approvals

30H: Suspension or revocation of national multiple-use approval

You could also call this:

“The boss can stop or cancel a special building approval if there's a good reason, but they must be fair about it.”

You should know that the chief executive can suspend or revoke a national multiple-use approval. This can happen if the approval was obtained through dishonest means, if it no longer meets the required criteria, or if building work done according to the approval won’t comply with the building code due to changes in the code.

Before the chief executive revokes or suspends an approval, they must give you a chance to explain your side. If your approval is suspended, you’ll get some time to fix the problem. If you fix it, the suspension will be lifted.

There’s a special rule that stops the chief executive from suspending or revoking an approval for three months if the only reason it doesn’t meet the criteria or comply with the building code is because of recent changes to the criteria or code.

If your approval is suspended or revoked, the chief executive must record this in the register of national multiple-use approvals.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2719424.

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Part 2 Building
Building code: National multiple-use approvals

30HSuspension or revocation of national multiple-use approval

  1. The chief executive may, at any time, suspend or revoke a national multiple-use approval, if the chief executive is satisfied that—

  2. the approval was obtained by fraud, misrepresentation, or the concealment of facts; or
    1. the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or
      1. building work properly completed in accordance with the approval will no longer comply with the building code because of an amendment to the code.

        1. Before revoking or suspending a national multiple-use approval the chief executive must give the holder of the approval a reasonable opportunity to be heard.

        2. When suspending a national multiple-use approval, the chief executive must—

        3. give the holder of the approval a reasonable period to rectify the matter that led to the suspension of the national multiple-use approval; and
          1. lift the suspension if the chief executive is satisfied that the holder of the approval has rectified the matter within that period.

            1. Despite subsections (1) and (3), the chief executive must not suspend or revoke a national multiple-use approval if—

            2. amendments are made to—
              1. the prescribed eligibility criteria for a national multiple-use approval; or
                1. the building code; and
                2. the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code, solely as a result of those amendments.

                  1. The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments referred to in that subsection come into force.

                  2. The chief executive must record the suspension or revocation of a national multiple-use approval in the register of national multiple-use approvals.

                  Notes
                  • Section 30H: inserted, on , by section 9 of the Building Amendment Act 2009 (2009 No 25).