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New Zealand law explained for everyone

Building Act 2004

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

186: Procedure for determination

You could also call this:

“This explains how the boss must follow fair rules when making important decisions.”

When the chief executive makes a determination, they need to follow certain rules. They should avoid unnecessary delays and keep things simple. They must respect Māori customs and listen to evidence in Māori. They can accept any relevant evidence, even if it wouldn’t be allowed in court. They also need to be fair to everyone involved.

The chief executive can look at related applications together if they want to. They can ask you or other people to provide documents within a reasonable time. They must make sure you give copies of your application and any extra documents to the other people involved. They also need to make sure everyone gets copies of any other documents that are provided.

If you or someone else doesn’t give the documents when asked, the chief executive can make a decision without them. If the chief executive gets any comments about the application before they make their decision, they have to consider those comments.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307384.

Topics:
Government and voting > Government departments
Māori affairs > Te reo Māori
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Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Power of chief executive to make determinations

186Procedure for determination

  1. In making a determination, the chief executive must—

  2. avoid unnecessary delay and formality; and
    1. recognise tikanga Māori, and receive evidence, written or spoken, in Māori; and
      1. receive any relevant evidence, whether or not it would be admissible in a court of law; and
        1. comply with the principles of natural justice.

          1. The chief executive may consider related applications together.

          2. The chief executive—

          3. may require the applicant or another party to provide documents relating to the application within any reasonable period that the chief executive may, from time to time, specify; and
            1. must require—
              1. the applicant to provide each of the other parties (if any) with copies of the application and any documents accompanying the application; and
                1. the applicant or another party to provide each of the other parties with copies of any documents provided under paragraph (a).

                2. If the applicant or another party fails to comply with a requirement to provide documents under subsection (3)(a) within the period specified by the chief executive, the chief executive may, at the expiry of that period, make the determination without receiving the documents.

                3. A submission in respect of an application for a determination received by the chief executive before the chief executive has determined the matter must be considered by the chief executive.

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