Plain language law

New Zealand law explained for everyone

Building Act 2004

Preliminary provisions - Outline of regulatory roles under this Act

11: Role of chief executive

You could also call this:

“ The chief executive oversees building rules, safety, and approvals, and makes sure everyone follows the law about buildings. ”

The chief executive has many important jobs under this law. You need to know that the chief executive:

  • Makes rules about how to build things safely and checks these rules
  • Warns people about unsafe building products or methods
  • Approves plans for buildings that will be used in many places
  • Decides what building plans need to be sent to the fire service
  • Watches how the law is working and tells the Minister about it each year
  • Checks on buildings that might fall down in earthquakes
  • Approves how to check buildings after disasters
  • Looks into why buildings fail
  • Gives out information to help people understand the law
  • Keeps lists of people and companies allowed to do certain building jobs
  • Helps solve arguments about building
  • Makes sure people follow the rules and can take them to court if they don’t
  • Does other jobs to make sure buildings are safe and the law works well

The chief executive does all these things to help keep you safe in buildings and make sure they are built properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306325.

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Part 1 Preliminary provisions
Outline of regulatory roles under this Act

11Role of chief executive

  1. Under this Act, the chief executive—

  2. issues acceptable solutions or verification methods and reviews those documents; and
    1. warns against, or bans the use of, particular building products or building methods; and
      1. determines applications for national multiple-use approvals; and
        1. specifies the kinds of applications for a building consent that must be copied to Fire and Emergency New Zealand under section 46; and
          1. has the functions set out in section 168A in relation to the implementation, administration, and review of this Act; and
            1. monitors and reports annually to the Minister in accordance with section 169; and
              1. monitors, in accordance with section 169A, the application and effectiveness of subpart 6A of Part 2 (which relates to earthquake-prone buildings); and
                1. approves the methodology for the preparation of post-event assessments under section 133BQ; and
                  1. approves the form of notices, directions, signs, and post-event assessments for the purposes of subpart 6B of Part 2; and
                    1. investigates building failures under sections 207C to 207S; and
                      1. publishes guidance information on the requirements of this Act and the building code; and
                        1. registers building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3; and
                          1. accepts (and withdraws acceptance of) independently qualified pool inspectors for the purpose of section 162D; and
                            1. makes determinations under subpart 1 of Part 3; and
                              1. reviews the operation of territorial authorities, regional authorities, and building consent authorities in relation to their functions under this Act; and
                                1. grants and revokes accreditation of building consent authorities or appoints a building consent accreditation body to do so; and
                                  1. sets a methodology under section 133AV for identifying earthquake-prone buildings; and
                                    1. grants and revokes accreditation of dam owners or appoints a dam owner accreditation body to do so; and
                                      1. appoints a product certification accreditation body under section 261; and
                                        1. registers persons as product certification bodies under section 267A and registers product certificates under section 272A; and
                                          1. makes product certification scheme rules under section 272E; and
                                            1. appoints a person as the modular component manufacturer certification accreditation body under section 272I; and
                                              1. registers persons as modular component manufacturer certification bodies under section 272N and modular component manufacturers under section 272Y; and
                                                1. makes MCM scheme rules under section 272ZG; and
                                                  1. disseminates information and provides educational programmes on matters relating to building control; and
                                                    1. takes enforcement action (including taking proceedings for offences under this Act) if the chief executive considers that it is desirable to do so—
                                                      1. to establish or clarify any matter of principle relating to building or the interpretation of this Act; or
                                                        1. in cases where 1 or more territorial authorities are unwilling or unable to take enforcement action; or
                                                          1. to enforce duties or obligations under subparts 7 and 7A of Part 3 and Parts 4A and 4B; or
                                                            1. to enforce duties or obligations under section 162E (manufacturers and retailers must supply notice); and
                                                            2. establishes and maintains the registers referred to in section 273; and
                                                              1. appoints the Registrar under section 310; and
                                                                1. prepares proposed rules under section 354; and
                                                                  1. issues infringement notices under section 372 and under section 371B authorises persons to issue infringement notices; and
                                                                    1. may provide dispute resolution services under section 175A; and
                                                                      1. carries out any other functions and duties specified in this Act; and
                                                                        1. carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (q).

                                                                          Compare
                                                                            Notes
                                                                            • Section 11(a): amended, on , by section 75(1) of the Building Amendment Act 2013 (2013 No 100).
                                                                            • Section 11(b): amended, on , by section 8(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                                            • Section 11(ba): inserted, on , by section 6 of the Building Amendment Act 2009 (2009 No 25).
                                                                            • Section 11(c): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                                                            • Section 11(ca): inserted, on , by section 9 of the Building Amendment Act 2012 (2012 No 23).
                                                                            • Section 11(da): inserted, on , by section 7(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                                                            • Section 11(db): inserted, on , by section 6 of the Building Amendment Act 2019 (2019 No 27).
                                                                            • Section 11(dc): inserted, on , by section 6 of the Building Amendment Act 2019 (2019 No 27).
                                                                            • Section 11(dd): inserted, on , by section 6 of the Building Amendment Act 2019 (2019 No 27).
                                                                            • Section 11(f): amended, on , by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).
                                                                            • Section 11(fa): inserted, on , by section 7(1) of the Building (Pools) Amendment Act 2016 (2016 No 71).
                                                                            • Section 11(h): amended, on , by section 3(4) of the Building Amendment Act 2005 (2005 No 31).
                                                                            • Section 11(ia): inserted, on , by section 7(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                                                            • Section 11(ka): inserted, on , by section 8(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                                            • Section 11(kb): inserted, on , by section 8(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                                            • Section 11(kc): inserted, on , by section 8(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                                            • Section 11(kd): inserted, on , by section 8(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                                            • Section 11(ke): inserted, on , by section 8(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                                            • Section 11(m)(ii): replaced, on , by section 5(1) of the Building Amendment Act 2013 (2013 No 100).
                                                                            • Section 11(m)(iii): inserted, on , by section 5(1) of the Building Amendment Act 2013 (2013 No 100).
                                                                            • Section 11(m)(iii): amended, on , by section 8(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                                            • Section 11(m)(iii): amended, on , by section 7(2) of the Building (Pools) Amendment Act 2016 (2016 No 71).
                                                                            • Section 11(m)(iv): inserted, on , by section 7(3) of the Building (Pools) Amendment Act 2016 (2016 No 71).
                                                                            • Section 11(pa): inserted, on , by section 5(2) of the Building Amendment Act 2013 (2013 No 100).
                                                                            • Section 11(pb): inserted, on , by section 5(3) of the Building Amendment Act 2013 (2013 No 100).