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Building Act 2004

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

182: No proceedings until determination made

You could also call this:

“You can't start a legal case in court if the issue can be decided by the chief executive first.”

You can’t start a case in the District Court or High Court if the issue can be resolved through a determination. This means you need to wait for a determination before going to court.

You can only go to court if you or someone else has already asked for a determination, and the chief executive has either made a decision or refused to make one.

This rule doesn’t stop you from seeking an injunction, which is a special court order. It’s also subject to section 381, which might have other rules you need to follow.

Remember, if you’re not sure about what to do, it’s a good idea to ask an adult or a lawyer for help.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307380.

Topics:

Housing and property > Home safety and repairs

Government and voting > Government departments

181: Chief executive may make determination on own initiative, or

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

183: Decision or exercise of power suspended until determination made, or

“While the boss decides, most actions are paused, but some safety steps can still happen.”

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

182No proceedings until determination made

A person may not commence proceedings in the District Court or the High Court if the matter that gives rise to those proceedings can be the subject of a determination.
However, a person may commence those proceedings if that person, or any other person, has already applied for a determination of the matter and the chief executive has—
made a determination on the application; or
refused to make a determination.

This section—
does not affect injunctive proceedings; and
is subject to section 381.

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Notes

Section 182(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).