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Building Act 2004

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

185: When determination must be completed

You could also call this:

“The boss has to make a decision and tell everyone about it within a certain number of days.”

When the chief executive decides to make a determination, they need to do it within a certain time. They must make the determination and give a copy to the people involved.

Usually, the chief executive has 60 working days to do this after they get the application. But they can agree with the people involved to take longer if needed.

Sometimes, if the determination is about special decisions made during the first 6 months after an area is designated for something important, the chief executive only has 15 working days. But if the decision is complex or affects other buildings in the area, they can take the usual 60 working days.

If the chief executive needs more time for these special cases, they must tell you why and how long it will take before the 15 working days are up.

The time doesn’t start counting until you’ve given all the information needed for the application, as explained in section 178.

If the chief executive asks you for more documents, the time stops counting from when they ask until you give them the documents or until the date they say you need to provide them by.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307383.

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

185When determination must be completed

  1. If the chief executive decides to make a determination, he or she must, within the time required under this section,—

  2. make the determination; and
    1. give a copy of the determination to the parties concerned.

      1. The time required is—

      2. 60 working days after the date on which the chief executive receives the application; or
        1. any further time that the chief executive and the parties may agree.

          1. Despite subsection (2), if an application for a determination relating to any power of decision of a responsible person under section 133BS, 133BT, 133BW, or 133BX is made within the period of 6 months after the date of the relevant designation under section 133BC, the time required is—

          2. 15 working days after the date on which the chief executive receives the application, unless paragraph (b) applies; or
            1. the time required under subsection (2), if the chief executive considers that further time is necessary because the subject-matter of the decision in relation to which the determination is to be made—
              1. is complex; or
                1. is relevant to other buildings in the designated area.

                2. The chief executive must, before the expiry of the period in subsection (2A)(a),—

                3. decide whether subsection (2A)(b) applies; and
                  1. if the chief executive decides that it does apply, notify the applicant for the determination of—
                    1. the time required under subsection (2); and
                      1. the reasons for the chief executive’s decision.

                      2. The period specified in subsection (2)(a) or (2A)(a) does not begin until the application for the determination has complied with the requirements of section 178.

                      3. If the chief executive requires a party to provide documents under section 186(3)(a), the period specified in subsection (2)(a) or (2A)(a) does not include the period that—

                      4. starts on the day on which the chief executive makes that requirement; and
                        1. ends on the earlier of—
                          1. the day on which the party complies with that requirement; or
                            1. the date specified by the chief executive as the date by which the party must provide those documents.

                            Notes
                            • Section 185(1): amended, on , by section 19(1) of the Building Amendment Act 2019 (2019 No 27).
                            • Section 185(2A): inserted, on , by section 19(2) of the Building Amendment Act 2019 (2019 No 27).
                            • Section 185(2B): inserted, on , by section 19(2) of the Building Amendment Act 2019 (2019 No 27).
                            • Section 185(2C): inserted, on , by section 19(2) of the Building Amendment Act 2019 (2019 No 27).
                            • Section 185(3): amended, on , by section 19(3) of the Building Amendment Act 2019 (2019 No 27).