Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
181: Chief executive may make determination on own initiative
or “The boss can make important decisions about buildings without being asked to do so.”
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.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 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.”
Next

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

182No proceedings until determination made

  1. 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.

  2. 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—

  3. made a determination on the application; or
    1. refused to make a determination.

      1. This section—

      2. does not affect injunctive proceedings; and
        1. is subject to section 381.

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