Building Act 2004

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

187: Chief executive may engage persons to assist with determination

You could also call this:

“The boss can ask someone to help them make important decisions about buildings”

The chief executive can ask someone to help them with applications for determinations and matters related to directions under section 181. This helper can do many things that the chief executive can do, like looking at information, asking questions, and writing reports. However, only the chief executive can make the final determination.

The chief executive can use the helper’s report when making a determination. This means the helper’s work is important, but the chief executive still makes the final decision.

If the helper doesn’t do their job properly, it doesn’t stop the chief executive from making a determination. The chief executive can still make a decision even if the helper doesn’t finish their work.

Remember, the chief executive is the one in charge, and they make all the final decisions. The helper is there to support them and make their job easier.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307385.

Topics:
Housing and property > Home safety and repairs
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186: Procedure for determination, or

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


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188: Determination by chief executive, or

“The chief executive can make decisions that everyone must follow, and these decisions can change rules about buildings.”

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

187Chief executive may engage persons to assist with determination

  1. The chief executive may engage a suitable person to assist the chief executive in relation to—

  2. any application for a determination; and
    1. matters to which a direction under section 181 relates.
      1. The person may do anything the chief executive may do under sections 177, 179, 180, 183 to 186, and 188 to 190, but the chief executive alone makes a determination.

      2. The chief executive may, in making a determination, rely on a report from the person.

      3. The failure of the person to perform his or her functions does not prevent the chief executive from making a determination.

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