Plain language law

New Zealand law explained for everyone

Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Power of chief executive to make determinations

176: Meaning of party

You could also call this:

“This explains who can be involved when someone important makes decisions about building rules.”

In sections 177 to 190, a ‘party’ means someone affected by a determination. This can be:

You, as the territorial authority.

You, as the building consent authority.

You, as the owner or one of the owners of a building.

You, as a licensed building practitioner working on the building.

You, if you’ve been given a notice to fix about the building work.

You, if you’re a responsible person (but not the Minister) under subpart 6B of Part 2.

You, if you own property that might be affected by a provision in the building code about protecting other property.

You, as the regional authority, if the determination is about a dam.

You, if you have a direct interest in access and facilities for people with disabilities in a building and you ask the chief executive for a determination under section 177.

You, if you have a right or duty under another law to tell a territorial authority in writing about matters related to this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307373.

Topics:

Housing and property > Home safety and repairs

Government and voting > Government departments

Rights and equality > Anti-discrimination

175A: Chief executive may provide dispute resolution services, or

“The person in charge can choose to help solve problems between people building homes.”

177: Application for determination, or

“How to ask the person in charge to decide if something follows the rules or if someone used their power correctly”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Power of chief executive to make determinations

176Meaning of party

In sections 177 to 190, party, in relation to a determination, means any or all of the following persons affected by the determination:
the territorial authority:
the building consent authority:
the owner or, if there is more than 1 owner, any of the owners:
the licensed building practitioner concerned with the relevant building work:
any person to whom a notice to fix relating to the relevant building work has been issued under section 164:
a responsible person (other than the Minister) under subpart 6B of Part 2:
if the matter for determination relates to—
1. a provision in the building code that has the purpose of protecting other property, the owner of the other property:
2. a dam, the regional authority:
if the matter for determination relates to the provision of access and facilities for persons with disabilities to, and within, a building, any person who—
1. has a direct interest in the matter; and
2. applies to the chief executive for a determination under section 177:
any person or organisation who or that has a right or an obligation under any other Act to give written notice to a territorial authority in respect of matters to which this Act relates.

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Notes

Section 176(c): replaced, on 13 March 2012, by section 54(1) of the Building Amendment Act 2012 (2012 No 23).
Section 176(da): inserted, on 13 March 2012, by section 54(2) of the Building Amendment Act 2012 (2012 No 23).
Section 176(db): inserted, on 17 December 2019, by section 16 of the Building Amendment Act 2019 (2019 No 27).