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Building Act 2004

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

183: Decision or exercise of power suspended until determination made

You could also call this:

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

When the chief executive is making a determination on a matter, any decision or use of power related to that matter is put on hold. This means that no one can act on the matter until the chief executive has made their determination. However, the chief executive can choose to allow some actions to happen during this time.

There are two types of decisions that are not put on hold while waiting for the determination:

  1. If you have been told to stop building work for safety reasons in a notice to fix, you must still follow this instruction.

  2. Any decisions made under sections 133BS or 133BT of the Building Act are also not put on hold.

These rules help make sure that important safety matters are still dealt with quickly, even when other decisions are waiting for the chief executive’s determination.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307381.

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

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184: Chief executive must decide whether to make determination, or

“The boss must choose if they will make a big decision within 10 work days and tell everyone involved.”

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

183Decision or exercise of power suspended until determination made

  1. Until the chief executive makes a determination on a matter, any decision or exercise of a power by any person referred to in section 177 that relates to that matter is suspended unless and to the extent that the chief executive directs otherwise.

  2. However, the following decisions are not suspended until the determination is made:

  3. a requirement in a notice to fix issued under section 164 to cease building work for safety reasons:
    1. any decision under section 133BS or 133BT.

      Compare
        Notes
        • Section 183(2): replaced, on , by section 18 of the Building Amendment Act 2019 (2019 No 27).