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Building Act 2004

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

181: Chief executive may make determination on own initiative

You could also call this:

“The boss can make important decisions about buildings without being asked to do so.”

The chief executive can decide to make a determination about certain matters related to the Building Act 2004 without anyone asking them to do so. They can do this if they think it’s necessary to achieve the purposes of the Act. The chief executive can make this decision before or after someone else has made a decision or used their power related to the matter.

If the chief executive makes their determination after a decision has already been made, they can confirm, reverse, or change that decision. If they make their determination before a decision is made, they will decide on the matter themselves.

After the chief executive decides to make a determination on their own, they need to do two things quickly. First, they must send a copy of their decision to everyone involved in the matter. Second, they need to let the public know about their decision.

You can find more information about the matters the chief executive can make determinations on in section 177 of the 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=DLM307379.

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

181Chief executive may make determination on own initiative

  1. The chief executive may, if he or she considers it necessary for achieving the purposes of this Act, direct that he or she will make a determination on a matter referred to in section 177—

  2. on his or her own initiative; and
    1. without an application for a determination being made under that section.

      1. The chief executive—

      2. may give a direction under subsection (1) either before or after a decision or a power that relates to the matter is made or exercised (as the case may be); and
        1. must,—
          1. in a case where a direction is given after the decision is made, or the power is exercised, confirm, reverse, or modify the decision or the exercise of the power in his or her determination; or
            1. in a case where a direction is given before the decision is made, or the power is exercised, determine the matter in his or her determination.

            2. The chief executive must, as soon as practicable after giving a direction under subsection (1),—

            3. send a copy of the direction to every party in relation to the matter to which it relates; and
              1. publicly notify the direction.

                Notes
                • Section 181(2)(a): replaced, on , by section 30 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).