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Building Act 2004

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

177: Application for determination

You could also call this:

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

You can ask the chief executive to make a decision about whether something follows the building code or about how an authority has used (or not used) its power to make decisions. This applies to decisions made by building consent authorities about things like building consents, code compliance certificates, and notices to fix. It also applies to decisions made by territorial authorities about things like changing the building code, accepting certificates, and dealing with dangerous buildings. For regional authorities, it applies to decisions about dams. It also covers decisions made by responsible people about keeping people safe around buildings and putting up notices. However, this doesn’t include decisions made by the Minister or territorial authorities acting on the Minister’s orders in certain situations. This section doesn’t change other parts of the law that talk about appealing decisions or the court’s power to review decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307374.

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178: Requirements for application for determination, or

“Rules for asking the big boss to make a decision about something important”

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

177Application for determination

  1. A party may apply to the chief executive for a determination in relation to either or both of the following:

  2. whether particular matters comply with the building code:
    1. the exercise, failure or refusal to exercise, or proposed or purported exercise by an authority in subsection (2), (3), (4), or (4A) of a power of decision to which this paragraph applies by virtue of that subsection.

      1. Subsection (1)(b) applies to any power of decision of a building consent authority in respect of all or any of the following:

      2. a building consent:
        1. an extension under section 52(b) of the period during which building work must be commenced before a building consent lapses:
          1. an extension under section 93(2)(b)(ii) of the period during which the authority must decide whether to issue a code compliance certificate:
            1. a code compliance certificate:
              1. a compliance schedule:
                1. a notice to fix.

                  1. Subsection (1)(b) applies to any power of decision of a territorial authority in respect of, or under, all or any of the following:

                  2. any waiver or modification of the building code under section 67:
                    1. a certificate of acceptance under section 96:
                      1. an exemption from building consent requirements under clause 2 of Schedule 1:
                        1. an amendment to a compliance schedule under section 106, 107, or 109:
                          1. a notice to fix:
                            1. sections 112, 113, 115, and 116 (which relate to alterations to, or changes in the use of, a building) and 124 and 129 (which relate to dangerous, affected, and insanitary buildings):
                              1. any power of decision of a territorial authority under subpart 6A of Part 2, other than a power of decision under section 133AS (territorial authority may carry out seismic work):
                                1. a certificate for public use under section 363A:
                                  1. a certificate under section 224(f) of the Resource Management Act 1991.

                                    1. Subsection (1)(b) applies to any power of decision under this Act of a regional authority in respect of a dam.

                                    2. Subsection (1)(b) applies to any power of decision of a responsible person under—

                                    3. section 133BS (measures to keep people at safe distance and protect building); or
                                      1. section 133BT (notices and signs on buildings); or
                                        1. section 133BW (works to remove or reduce other risks); or
                                          1. section 133BX (works for long-term use or occupation of building).

                                            1. Nothing in this section limits or affects section 70(4) or 446(1)(c).

                                            2. In subsection (4A), responsible person does not include—

                                            3. the Minister acting as responsible person under section 133BJ(2)(c)(i); or
                                              1. a territorial authority acting on direction by the Minister under section 133BJ(2)(c)(ii); or
                                                1. a territorial authority complying with a direction given by the Minister under section 133BJ(4).

                                                  Notes
                                                  • Section 177: replaced, on , by section 4 of the Building Amendment Act 2010 (2010 No 50).
                                                  • Section 177(1)(b): amended, on , by section 17(1) of the Building Amendment Act 2019 (2019 No 27).
                                                  • Section 177(3)(c): amended, on , by section 6 of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).
                                                  • Section 177(3)(f): amended, on , by section 29(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                                  • Section 177(3)(fa): inserted, on , by section 29(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                                  • Section 177(3)(h): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                  • Section 177(4A): inserted, on , by section 17(2) of the Building Amendment Act 2019 (2019 No 27).
                                                  • Section 177(6): inserted, on , by section 17(3) of the Building Amendment Act 2019 (2019 No 27).