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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Functions, duties, and powers of chief executive generally

175: Chief executive may publish guidance information

You could also call this:

“The boss of the Building Department can share helpful tips to explain the rules to different people.”

The chief executive can publish guidance information to help different people understand and follow the Building Act. This information can be for:

You, if you’re a territorial authority, a disciplinable entity (as defined in section 200), an owner, or someone who does building work. The guidance can help you follow the rules in this Act.

You, if you’re a regional authority, an owner of a dam, or a licensed building practitioner. The guidance can help you do your job, carry out your duties, and use your powers when it comes to dams.

You, if you’re a building owner or a member of the public. The guidance can help you understand how subpart 6A or subpart 6B of Part 2 applies.

It’s important to remember that any information the chief executive publishes is just a guide. If you use this information, you still need to think about how it applies to your specific situation. The guide doesn’t replace your responsibility to consider all the relevant factors in your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307372.

Topics:
Housing and property > Home safety and repairs
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“The person in charge can choose to help solve problems between people building homes.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Functions, duties, and powers of chief executive generally

175Chief executive may publish guidance information

  1. The chief executive may publish information for the guidance of—

  2. any of the following persons to assist them in complying with this Act:
    1. territorial authorities:
      1. disciplinable entities (as defined in section 200):
        1. owners:
          1. persons who carry out building work; and
          2. any of the following persons to assist them in the performance of their functions and duties, and in the exercise of their powers (if any), in relation to dams:
            1. regional authorities:
              1. owners of dams:
                1. licensed building practitioners; and
                2. owners of buildings and members of the public in relation to the application of subpart 6A or subpart 6B of Part 2.

                  1. Any information published by the chief executive under this section—

                  2. is only a guide; and
                    1. if used, does not relieve any person of the obligation to consider any matter to which that information relates according to the circumstances of the particular case.

                      Notes
                      • Section 175(1)(a)(ii): replaced, on , by section 48 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                      • Section 175(1)(b)(iii): amended, on , by section 28(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                      • Section 175(1)(c): inserted, on , by section 28(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                      • Section 175(1)(c): amended, on , by section 15 of the Building Amendment Act 2019 (2019 No 27).