Plain language law

New Zealand law explained for everyone

Building Act 2004

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

188: Determination by chief executive

You could also call this:

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

When the chief executive makes a determination, they can do one of two things. They can either confirm, reverse, or change a decision that was made before, or they can decide on a new matter. Whatever the chief executive determines, it must be followed by the people involved.

The chief executive can include some special things in their determination. They can allow changes to the building code or to section 162C(1) or (2). They can also add conditions that a local council would normally be able to add.

However, if the chief executive wants to change section 162C(1) or (2), they need to be sure it won’t make things more dangerous for children under 5 years old.

The chief executive’s power to make determinations has one limit. They need to follow what it says in section 181(2)(b).

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307386.

Topics:
Housing and property > Home safety and repairs
Government and voting > Government departments
Previous

187: Chief executive may engage persons to assist with determination, or

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

Next

189: Clarification of determination, or

“The boss can explain their decision better within 20 work days if it's needed and everyone agrees”

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

188Determination by chief executive

  1. A determination by the chief executive must—

  2. confirm, reverse, or modify the decision or exercise of a power to which it relates; or
    1. determine the matter to which it relates.

      1. A determination is binding on the parties concerned.

      2. A determination may incorporate—

      3. waivers or modifications of the building code; and
        1. waivers or modifications of section 162C(1) or (2); and
          1. conditions that a territorial authority or regional authority, as the case may be, is able to grant or impose.

            1. The chief executive must only grant a waiver or modification of section 162C(1) or (2) if the chief executive is satisfied that the waiver or modification would not significantly increase danger to children under 5 years of age.

            2. Subsection (1) is subject to section 181(2)(b).

            Compare
              Notes
              • Section 188(3)(aa): inserted, on , by section 14(1) of the Building (Pools) Amendment Act 2016 (2016 No 71).
              • Section 188(3A): inserted, on , by section 14(2) of the Building (Pools) Amendment Act 2016 (2016 No 71).